City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL MEETING NOVEMBER 22, 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; 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; Emergency Management Coordinator Steve Johnson; Assistant to the Building Official, Claudia Velasquez; EMS Director, Christy Gonzales, and Police Chief, Terry David Lynch. Visitors present were: Laura Clemmons; Bojorquez Law Firm, PC, Attorney, Rezzin Pullum, and Albert Villegas, with the Wharton Journal Spectator. Roll Call and Excused Absences. All members werePresent. Wharton Moment. Councilmember, Alice Heard-Roberts, gave kudos to the Water/ Sewer Department for their hard work, working through the night on a sewer issue at her home. Mayor, Tim Barker, thanked Emergency Management Coordinator, Steve Johnson, for his 29 years of service to the City of Wharton and congratulated him on his retirement as of November 30, 2021. 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 October 2021. Finance Director, Joan Andel, stated that the TexPool balance for October was 31, 003. 61 with an average monthly yield of .02%. She said the Prosperity Bank balance for City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 2 of 22 October 2021 was $ 24, 741, 659. 71 with an average monthly yield of . 200%. After some discussion, Councilmember, Russell Machann, moved to approve the City of Wharton Financial Report for the month of October 2021. Councilmember, Steve Schneider, seconded the motion. All voted in favor. The second item on the agenda was to review and consider presentation by the Bojorquez Law Firm, PC, on draft plans for the reapportionment of the City' s four single-member council districts. Una Presentation del Bufete de Abogados Bojorquez, PC, sobre el anteproyecto para la redistribucion de los cuatro distritos de un solo miembro de la Ciudad. City Manager, Joseph R. Pace, presented a copy of the Public Notice that was published in the Wharton Journal Spectator to inform citizens of their rights to submit their own specific proposals for the reapportionment of the City' s single-member districts. City Secretary, Paula Favors, stated the deadline was Thursday, November 18, 2021, at 5: 00 p.m. and there were not any proposals submitted. Attorney, Rezzin Pullum, with The Bojorquez Law Firm, PC, presented proposed alternative maps for the redistricting of the City' s four single member districts. Mr. Pullum stated that out of the two maps, Map" A" and Map` B", one would have to be selected to be presented at the December 13th, 2021, meeting, for possible final approval. After some discussion, no action was taken. The third item on the agenda was to review and consider a request for an extension of a Variance for Temporary Placement of Travel Trailer for Temporary Housing for 1605 Goode Street. City Manager, Joseph R. Pace, stated, Ms. Faye Evans, 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 1605 Goode Street. Community Development Director, Gwyn Teves, stated the last variance expired on November 10, 2021, and the City had approved multiple variances and extensions in an effort to assist residents while alternative housing arrangements are made. After some discussion, Councilmember, Alice Heard- Roberts, moved to table the request the request to obtain further information from Ms. Evans. Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a re-request by Chapel Creek Construction, LLC, at 398 Hamilton St, HAMILTON PLACE BLK 32, L1 for a 17' variance from the required 25' front property line setback creating an 8' setback. City Manager, Joseph R. Pace, presented a copy of the re-request by Chapel Creek Construction, LLC, at 398 Hamilton St, HAMILTON PLACE BLK 32, L1 for a 17' variance from the required 25' front property line setback creating an 8' setback. City Manager Pace stated the item was denied by the City Council on November 8, 2021, and the representative for Chapel Creek Construction was unable to attend the meeting and had asked to have the item re- submitted so they could speak on behalf of thtenteir item. Community Development Director, Gwyn Teves, stated the Planning Commission was recommending approval on the above item and was referring it to City Council for a final decision. After some discussion, Councilmember, Alice Heard- Roberts, moved to approve the re- request by City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 3 of 22 Chapel Creek Construction, LLC, at 398 Hamilton St, HAMILTON PLACE BLK 32, L1 for a 17' variance from the required 25' front property line setback creating an 8' setback. Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider a City Council request for a quote to concrete the grassy area between the existing curb and sidewalk at 309 North Richmond Road for the Brooks at Caney Creek Housing Project. City Manager, Joseph R. Pace, presented a copy of an ariel photo and quote to concrete the grassy area between existing curb and sidewalk at 309 N. Richmond Rd. for the Brooks at Caney Creek Housing Project. City Manager Pace stated this item was brought before the City Council on November 8, 2021, and the Council requested a quote for the work. Public Works Director, Anthony Arcidiacono, stated the following contractor was contacted for a quote: 1. Muhlhausen Construction LLC.: $ 4, 942. 00. After some discussion, Councilmember, Terry Freese, moved to decline the request due to ADA complications. Councilmember, Russell Machann, 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 approving the installation and purchase of security gates at the Public Works Department and the Cloud Street Storage Facility and authorizing the Mayor of the City of Wharton to execute all documents related to said agreement. City Manager, Joseph R. Pace, presented a copy of two quotes for automatic security gates at the Public Works Building and the Cloud Street Storage Facility. Public Works Director, Anthony Arcidiacono, stated the following quotes were received: 1. Foster Fence Ltd: Public Works Building- $ 11, 100. 00 Cloud Street Storage Facility-$ 6, 455. 00 2. J4 Fencing& Services LLC: Public Works Building-$ 21, 353. 81 Cloud Street Storage Facility-$ 11, 138. 46 After some discussion, Councilmember, Terry Freese moved to approve City of Wharton Resolution No. 2021- 119, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 119 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE INSTALLATION AND PURCHASE OF SECURITY GATES AT THE PUBLIC WORKS DEPARTMENT AND THE CLOUD STREET STORAGE FACILITY AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AGREEMENT. WHEREAS, The Wharton City Council wishes to approve an agreement between the City of Wharton and Foster Fence Ltd., for the installation and purchase of security gates at the Public Works Department and the Cloud Street Storage Facility; and, City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 4 of 22 WHEREAS, The City of Wharton and Foster Fence Ltd., wishes to be bound by the conditions as set forth in 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 approves an agreement between the City of Wharton and Foster Fence Ltd., for the installation and purchase of security gates at the Public Works Department and the Cloud Street Storage Facility. Section II. The Wharton City Council hereby approves to authorize the Mayor of the City of Wharton to execute the agreement. Section III. The City of Wharton and Foster Fence Ltd., are hereby bound by the conditions as set forth in the agreement. Section IV. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this the 22nd day of November 2021. CITY OF WHARTON By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider an ordinance amending the City of Wharton Code of Ordinances, Chapter 42, Occupational Licenses, Taxes and Regulations, Article IV, Division 4 Mobile Food Courts and Mobile Food Establishments, Sections 42- 220 to 42- 235; providing that a violation ofthe ordinance or any part of the code as adopted hereby shall constitute a penalty upon conviction of a fine; providing for separability and setting an effective date. City Manager, Joseph R. Pace, presented a copy of a memorandum to him from Building Official, Ronnie Bollom, regarding amendments/ additions to the City of Wharton Code of Ordinances, Chapter 42, Occupational Licenses, Taxes and Regulations, Article IV, Division 4, Mobile Food Courts and Mobile Food Establishments, Section 42- 220 to Section 42- 235 of the following Articles and Sections: Division 4- changed to Mobile Food Courts and Mobile Food Establishments: 1. Sec. 42- 220 Definitions added. 2. Sec. 42- 222 Registration: Permit requirements- Revised. 3. Sec. 42- 224 Operation requirements shall comply with the following City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 5 of 22 requirements- Revised. Assistant to the Building Official, Claudia Velasquez, stated the Parks and Recreation Committee met on Monday, November 22, 2021, and were recommending the City Council consider approving the request. Councilmember Russell Machann moved to approve City of Wharton Ordinance No. 2021- 23, which read as follows: CITY OF WHARTON ORDINANCE NO. 2021- 23 AN ORDINANCE AMENDING THE CITY OF WHARTON CODE OF ORDINANCES, CHAPTER 42, OCCUPATIONAL LICENSES, TAXES AND REGULATIONS, ARTICLE IV, DIVISION 4 MOBILE FOOD COURTS AND MOBILE FOOD ESTABLISHMENTS, SECTIONS 42- 220 TO 42- 235; 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 SEPARABILITY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Wharton, Texas: WHEREAS, it is the desire of the City of Wharton Code of Ordinances to read as follows: DIVISION 4. MOBILE FOOD COURTS AND MOBILE FOOD ESTABLISHMENTS Sec. 42- 220. Definitions. The following words, terms and phrases, when used in this division, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Food truck court means a property used or developed to accommodate more than one food truck as the primary use of the property while possibly accommodating areas on the property for entertainment or recreational opportunities. Food truck courts must have a valid certificate of occupancy in addition to all other applicable permits and inspections. Ice cream truck means a motor vehicle in which ice cream, popsicles, ice sherbets, or other frozen desserts of any kind are carried for the purpose of retail sale on the streets of the city. Mobile shall mean the state of being in active, but not necessarily continuous, movement. Mobile food establishment means an operator of a vehicle mounted, self or otherwise propelled, self-contained food service operation designed to be readily moveable ( including, but not limited to, catering trucks, trailers, push carts and roadside vendors) used to store, prepare, display, serve or sell food that requires temperature control. The mobility of a mobile food establishment unit must be completely maintained at all times. No drive-through service shall be permitted from a mobile food establishment. Sell shall mean the act of exchanging a good for a profit or in return for a donation. City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 6 of 22 Sec. 42- 221. Scope. This division shall regulate all mobile food establishments operating within the city's corporate limits. Sec. 42- 222. Registration— Permit requirements. a) No person shall operate a mobile food establishment who does not possess a valid, current mobile food establishment permit by the Code Enforcement Department and State Health Permit. b) A mobile food establishment shall make application on a form provided by the code enforcement department, and shall provide all of the information listed in subsections b)( 1)—( 7) as part of the application: 1) The name and address of the owner and/ or operator; 2) If the applicant represents a corporation, association or partnership, the names and addresses of the officers or partners; 3) Name which the food vending operation will operated; 4) A description of the type of food or the specific foods to be vended; 5) A description of the vehicle to be used in the mobile food vending operation along with the license or registration and vehicle identification number of the vehicle; 6) Except ice cream trucks, the locations within the city where the mobile food establishment will operate. Should such locations not yet be established, an updated list of locations shall be provided to the code enforcement department at the time of issuance of permit; 7) Permission including contact information, by each real property owner, verifying that the mobile food establishment is authorized to operate at such location or locations. Should the mobile food establishment acquire additional locations, an updated list shall be provided to the code enforcement department along with written permission from real property owner. c) Any person applying for a mobile food court permit or mobile food establishment permit must submit to a background check of that person's criminal record by the City of Wharton. 1) Any person who has been convicted of a misdemeanor involving moral turpitude within the three- year period immediately preceding the date of that person's application for a mobile food establishment permit or mobile food court permit or a felony involving moral turpitude within a five-year period immediately preceding the date of that person' s application for registration shall be ineligible to receive a mobile food establishment permit or mobile food court permit. In these circumstances, the code enforcement department and shall reject the application and shall not issue a permit to that person. 2) If the application is rejected for any reason, the applicant must wait 12 months from date of denial before a subsequent application can be filed. City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 7 of 22 d) Upon receiving a completed application for a mobile food court permit or mobile food establishment permit, the administer may make appropriate inspections of the location, equipment, vehicle, and other reasonable inspections concerned and shall issue a permit only if; 1) The application complies with subsection( b); and 2) Any inspection reveals compliance with the applicable requirements of all federal and state statutes and regulations, and city ordinances governing the proposed mobile food establishment operation. e) Mobile food establishments during recovery from a declared natural disaster shall be regulated as follows: 1) Applicant must possess a current mobile food vendor licensed and certified food manager certificate by Texas Department of State Health Services. 2) An original written instrument, executed by each real property owner, verifying that the mobile food establishment is authorized to operate at such location or locations. 3) Approval from either the code enforcement department or emergency management. 4) Upon approval, applicant may set up for two weeks, depending on severity of the disaster. Immediately following the two-week period applicant must submit all the information required in subsection ( b) and must follow all the subject regulations of this section as to location and rules excluding allowable times and storage on- site. f) Display of Permit. Every permit, including the State Health Permit, shall be displayed at all times in a conspicuous place where it can be read by the general public on the mobile food establishment. See. 42- 223. Exceptions. Notwithstanding any term contained in this division to the contrary, this division shall not apply to the following: 1) A nonprofit organization, as defined by the Texas Department of State Health Services. 2) Vendors under the auspice of a festival/ event sponsor. Sec. 42- 224. Operation requirements. a) Mobile food establishments shall comply with the following requirements: 1) Mobile food establishments shall comply with all sanitation and construction regulations as outlined in TAC § 229. 169 of the Texas Food Establishment Rules, as amended. 2) All mobile food establishments are subject to comply with food and beverage certificate as outlined with TABC Section 11. 46 General Grounds for Refusal, Section 11. 49 Premises Defined; Designation of Licensed Premises, Section City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 8 of 22 61. 43( 5), Section 109. 31 Municipal Regulation of Liquor, of the Texas Alcohol Beverage Commission, as amended. 3) The issuing, suspension and revocation oflicenses for the handling of food by mobile food establishment owners, operators or their employees shall be regulated by the food handling administrator. 4) In order to ensure equal treatment of all mobile food establishment permit holders, variances from this division will not be granted. 5) Except for ice cream trucks, mobile food establishments are prohibited from operating on public rights-of-way. Exception: city- sponsored events. 6) A permitted mobile food establishment may operate at construction sites. 7) Mobile food establishments, including ice cream trucks, may operate on private property provided: a. The applicant provides a written instrument or no objection letter verifying that the mobile food establishment is authorized to operate at such location or locations as required in subsection 42- 222( b)( 7). A copy of the written permission to operate in a specific location shall be kept within the mobile food establishment at all times; and b. Shall provide a written permission from business owner or proprietor to allow employees access to restrooms facilities during all hours of food sales; 8) Any properly permitted mobile food establishment may operate in a location in or immediately adjacent to city-sponsored civic events. 9) May not use structures that are not intended for mobile food establishments. Examples of acceptable vehicles include, but are not limited to, vehicles equipped with serving windows, merchandise display equipment, kitchen preparation areas, and advertisement display section. Approved structures must adhere to the following: a. No cracked windows; b. No visible rust or disrepair; c. No emission of noxious gases, odors, and/ or fumes. 10) Portable fire extinguishers shall be provided. A minimum 2- A, 10- BC multi-purpose fire extinguisher shall be currently inspected and tagged by a licensed technician. 11) Mobile food establishments shall have a Type 1 hood installed at or above all commercial cooking appliances and domestic cooking appliances which include flat grills, fryers, char grills, and pits used for commercial purposes that produce grease vapors. Type 1 hood systems shall be installed with an approved and inspected fire suppression system. A Type K fire extinguisher is also a requirement in the installation of a fire suppression system. 12) Mobile food establishments shall comply with all commercial building line setback requirements set forth in chapter 18 ( Building and Construction) of the Code of Ordinances in subsection 18- 77( e), as amended. City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 9 of 22 13) Mobile food establishments owning or leasing property: a. Shall be properly screened by privacy fence of a height not less than six feet in a way to avoid adverse impact upon adjoining properties and the uses thereof; b. Shall provide permanent( not porta-potty) restrooms for all persons operating the unit, including employees; c. Allowed to remain on premises during non-operating hours; d. Shall install a grease interceptor for disposal of grease and grey-water as set forth in Chapter 86 ( Utilities and Services Grease Traps) of the Code of Ordinances section 86- 23. e. Connection of mobile food establishment to a source of electricity, water, and sewer is required on site. A permit shall be obtained for the code enforcement department for each connection and the connection has been inspected and found to comply with city codes. Each permit shall be maintained with the mobile food establishment at all times and made available upon request by city personnel. 14) Mobile food establishments are not allowed to operate between two residential structures, with the exception of construction sites or special events. Properly permitted ice cream trucks are allowed within residential neighborhoods if compliant with subsection( a)( 15) below. 15) Ice cream trucks may stop on public streets or rights- of-way provided such stops: a. Are not in or within 50 feet of an intersection; b. Not an area prohibited to the standing or parking of vehicles; c. All items are vended from the curbside of the vehicle or the rear of the vehicle; and d. The ice cream truck is vending in a safe manner. 16) Mobile food establishments shall not be allowed to prep on site except one ( 1) hour before regular operating hours. b) Mobile food establishment inspections are conducted at the City of Wharton Permit Office. An appointment will be made for specific day- date- time. Missed appointments will result in a re- inspection fee. No inspections are conducted off-site. Re- inspection fees shall be$ 50. 00. Mobile food establishments may be subject to random inspections at any time during the term of the permit. 1) Permit revocation. a. If the permittee fails to comply, then the mobile food establishment permit may be revoked. b. If a mobile food establishment permit is revoked, any fees paid to the city will be forfeited. c. The former permittee may appeal the revocation of a mobile food establishment permit by submitting a written request for appeal to the code enforcement City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 10 of 22 department within ten days of receiving the notice of revocation. The city manager will hold a hearing within a reasonable time of receipt of the appeal, but no later than 30 days after receipt, at which time the former permittee will have an opportunity to explain why the permit should not be revoked. The city manager shall render a decision within 30 days of the date of the hearing. The city manager's decision shall be final. d. Mobile food establishment permits shall not be transferred or assigned and shall be considered revoked should the character of the food vending operation be changed from that specified in the permit. 2) Permit renewal andfees. a. Unless sooner revoked, a mobile food establishment permit is valid from date of issue until December 31 St of that calendar year. Prior to operating a mobile food establishment, the mobile food establishment will submit the required information along with a fee of$ 12. 50/ unit per month from the date of the application through December 31 St of that calendar year. b. The mobile food establishment fee for the period January 1 St through December 31St shall be $ 150. 00/ unit. c. Such permits shall be issued on the earliest date of submission of the completed application. d. Every mobile food establishment permit shall be renewed at least each year in like manner as the original permit application. e. All funds collected for permits under the provisions of this division shall be deposited in the general fund of the city. f. Mobile food establishment permits shall be valid for special events. Sec. 42- 225. Food truck courts. a) Food truck courts shall be permitted land use with the city council's discretionary approval of a specific use permit on property as outlined in subsections 42- 224( a)( 12) and( 13). b) A specific use permit for a food truck court may be revoked by the city council if it finds that any condition imposed at the time of granting the permit is not met, or if thereafter ceases to exist. The citycouncil Y denY a P may specific use permit for a food truck court if the development of said use would be detrimental or offensive to the surrounding area or otherwise be contrary to the health, safety or general welfare of the city and its inhabitants. In approving or denying a specific use permit for a food truck court, the city council shall consider: 1) The nature of the proposed use; 2) Proximity to other food trucks; 3) Proximity to existing " brick and mortar" restaurants; City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 11 of 22 4) The number of food trucks allowed within the food truck court at a single time; 5) Existing uses in surrounding areas; 6) Noise, dust, light, and traffic generated; 7) Health and sanitary condition; and 8) Compliance with other regulations of the Code of Ordinances. c) Food truck courts shall be $ 75. 00 per space/ per calendar year and payable upon issuance. Fees will not be prorated. d) All food trucks utilizing food courts must possess a current mobile food establishment permit issued by the City of Wharton. Sec. 42- 226. Hours of operation. a) Mobile food establishments. 1) Food trucks shall only be allowed to engage in sales operations between the hours of 7: 00 a.m. and 8: 00 p.m. b) Food truck courts. 1) Food truck courts shall only be allowed to engage in sales operations between the hours of 7: 00 a.m. and 8: 00 p.m. with the exception of a city- sponsored event. Sec. 42- 227. Signage. All signage pertaining to or advertising a food truck and/ or its menu shall be attached to the food truck. There shall be no limit to the amount of signage that is allowed on a food truck while the food truck is parked at a food truck court or operation site. A food truck shall not be outfitted with " changeable signage" as defined and/ or set forth in chapter 66 ( Signs) of the Code of Ordinances. With an exception of one sandwich board which may be placed during business hours, but must be removed daily. Sec. 42- 228. Off-street vehicle parking. a) Mobile food establishments. 1) One off-street vehicle parking space shall be required for each table that is provided for use by food truck customers. If no tables are provided, no off-street vehicle parking shall be required. b) Food truck courts. 1) Two off-street vehicle parking shall be required for each table that is provided for use by the food truck customers. If no tables are provided, no off-street vehicle parking shall be required. Sec. 42-229. Authority to enforce. The code enforcement department shall have authority to enforce the provisions of this division, and to enlist the assistance of all appropriate agencies in the enforcement effort. City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 12 of 22 Sec. 42- 230. Permit and license revocation. Nothing in this division shall prevent the code enforcement department from immediately revoking a mobile food establishment and food truck court permit should such vendor be in violation of this division or any other city code or ordinance. Sec. 42- 231. All codes and ordinances effective. In addition to the provision of this division, all other applicable city codes and ordinances shall apply to the operation of any mobile food establishment and food truck court, and shall be in full force and effect. This policy shall be effective even if the vendor has applied for and obtained a valid license and permit to operate, should the violations occur either prior or subsequent to obtaining such permit. Secs. 42- 232- 42- 235. Reserved. 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 or 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. Separability 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 3` d day of December 2021. Passage and Approval PASSED AND APPROVED by the City Council of the City of Wharton, Texas, on the 22nd day of November 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 13 of 22 ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: PAUL WEBB City Attorney 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 approving the Annual Maintenance Contract with Stryker Medical and authorizing the City Manager to execute all documents related to said purchase. City Manager, Joseph R. Pace, presented a copy of a memorandum to him from EMS Director, Christy Gonzales, regarding the annual maintenance contract with Stryker Medical. EMS Director Gonzales stated the quote was received from Stryker Medical in the amount of$ 30, 243. 00 for the annual maintenance. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2021- 120, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 120 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE ANNUAL MAINTENANCE CONTRACT WITH STRYKER MEDICAL AND AUTHORIZING THE PURCHASE OF MEDICAL EQUIPMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, The Wharton Emergency Medical Services Department requests that the City Council approve the Annual Maintenance Contract with Stryker Medical; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager to execute all documents related to the Annual Maintenance Contract. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby approves the Annual Maintenance Contract with Stryker Medical. SECTION II. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 22nd day of November 2021. City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 14 of 22 CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Don Mueller, seconded the motion. All voted in favor. The nineth item on the agenda was to review and consider a resolution ofthe Wharton City Council adopting the City of Wharton Investment Policy after the Annual Review of City of Wharton Investment Policy and setting an effective date. City Manager, Joseph R. Pace, stated the City of Wharton Investment Policy must be reviewed and adopted annually. City Manager Pace presented a copy of a memorandum from Finance Director, Joan Andel, regarding the current policy. Mrs. Andel stated the City Council Finance Committee met on November 22, 2021, and were recommending the City Council consider approving the next year' s policy. After some discussion, Councilmember Alice Heard-Roberts moved to approve City of Wharton Resolution No. 2021- 121, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 121 A RESOLUTION OF THE WHARTON CITY COUNCIL ADOPTING THE CITY OF WHARTON INVESTMENT POLICY AFTER THE ANNUAL REVIEW OF THE CITY OF WHARTON INVESTMENT POLICY AND SETTING AN EFFECTIVE DATE. WHEREAS, The Public Funds Investment Act, requires the City Council to review and adopt, by resolution, the investment policies and strategies for the City of Wharton on an annual basis; and, WHEREAS, The City of Wharton designates the City Manager and the Finance Director as investment officers; and, WHEREAS, The City of Wharton approves the training courses sponsored or endorsed by the Texas Municipal League, the Government Finance Officers Association of Texas, the Government Treasurers Organization of Texas, or the North Central Texas Council of Governments as adequate to meet the investment training requirements; and, City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 15 of 22 WHEREAS, The attached investment policy complies with the Public Funds Investment Act and authorizes the investment of City funds in safe and prudent investments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS that: Section I. The City of Wharton has complied with the requirements of the Public Funds Investment Act and the Investment Policy attached hereto as" Exhibit A" is hereby adopted as the Investment Policy of the City of Wharton effective November 22, 2021. Section II: That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 22nd day of November 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 tenth item on the agenda was to review and consider Proposed City of Wharton Write Offs: A. City of Wharton EMS. B. Utilities. City Manager, Joseph R. Pace, presented a copy of the memorandum dated November 15, 2021 from Finance Director, Joan Andel, recommending the write offs for the EMS accounts and the Utilities accounts. City Manager Pace stated the memorandum dated November 15, 2021, from Finance Director, Joan Andel, indicated the Utility Department' s request for the uncollected balances for the Fiscal Year 2020— 2021 to be written off due to non-payment. Mrs. Andel stated the City Council Finance Committee met on Monday, November 22, 2021, and reviewed the proposed write offs for the EMS and Utility Departments. She said the Finance Committee was recommending the City Council consider approving the request. After some discussion, Councilmember, Alice Heard- Roberts moved to approve the proposed City of Wharton Write Offs City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 16 of 22 for the City of Wharton EMS and Utilities. 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 authorizing a Loan Agreement with the State Infrastructure Bank Transportation Loan Program through the Texas Department of Transportation for Utility Relocations required by the TxDOT I-69 Expansion Project and authorizing the Mayor of the City of Wharton to execute all documents related to said submission. City Manager, Joseph R. Pace, stated the City Staff received the TxDOT Loan Agreement for the utility relocations for the TxDOT I- 69 Project in the amount of$ 5, 500,000. Finance Director, Joan Andel, stated the City Staff had sent the Loan Agreement to the City' s Bond Counsel, Mr. Tom Sage, with Hunton Andrews Kurth LLC, and to Mr. James Gilley, Financial Advisor, with U.S. Capital Advisors for their review. Mrs. Andel said the Finance Committee met on November 22, 2021, and were recommending the City Council consider approving the request. After some discussion, Councilmember, Clifford Jackson, moved to approve City of Wharton Resolution, No. 2021- 122, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021 - 122 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING A LOAN AGREEMENT WITH THE STATE INFRASTRUCTURE BANK TRANSPORTATION LOAN PROGRAM THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR UTILITY RELOCATIONS REQUIRED BY THE TXDOT I-69 EXPANSION PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID SUBMISSION. WHEREAS, The City of Wharton City Council wishes to authorize a Loan Agreement with the State Infrastructure Bank Transportation Loan Program through the Texas Department of Transportation for utility relocations required by the TxDOT I- 69 Expansion Project; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents relating to said application. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby approves the Loan Agreement in substantially final form to the State Infrastructure Bank Transportation Loan Program through Texas Department of Transportation for utility relocations required by the TxDOT I-69 Expansion Project. SECTION H. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute all documents related to said application. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 22°d day of November 2021. CITY OF WHARTON, TEXAS City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 17 of 22 By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Terry Freese, seconded the motion. All voted in favor. The twelfth item on the agenda was to review and consider a resolution of the Wharton City Council approving a contract for engineering in connection with the Texas Department of Transportation City of Wharton Safe Routes to School Project and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. City Manager, Joseph R. Pace, stated the City Council approved the establishment of a Consultant Selection Committee and authorized the City Staff to go out for engineering services for the TxDOT Safe Routes to School Grant Program. Community Development Director, Gwyn Teves, stated the City of Wharton had been approved for funding and was currently in the process of design. Mrs. Teves said bids were received at City Hall on November 18, 2021 and the Consultant Selection Committee met on Monday, November 22, 2021, to score the proposals and were recommending the City Council consider contracting with BEFCO Engineering for engineering services. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2021- 123, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 123 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A CONTRACT WITH BEFCO ENGINEERING FOR ENGINEERING IN CONNECTION WITH THE TXDOT CITY OF WHARTON SAFE ROUTES TO SCHOOL PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, The Wharton City Council wishes to approve a contract between the City of Wharton and BEFCO Engineering for engineering services in connection with the TxDOT City of Wharton Safe Routes to School Project; and, WHEREAS, The City of Wharton and BEFCO Engineering wishes to be bound by the conditions as set forth in the agreement. 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- November 22, 2021 Page 18 of 22 Section I. The Wharton City Council hereby approves a contract between the City of Wharton and BEFCO Engineering for engineering services in connection with the TxDOT City of Wharton Safe Routes to School Project. Section II. The Wharton City Council hereby approves to authorize the Mayor of the City of Wharton to execute the agreement. Section III. The City of Wharton and BEFCO Engineering are hereby bound by the conditions as set forth in the agreement. Section IV. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this the 22" d day of November 2021. CITY OF WHARTON 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 an update of City of Wharton on- going Projects. City Manager, Joseph R. Pace, presented his memorandum dated November 17, 2021, providing an update on the City of Wharton current projects as of October 31, 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:// w-\vw.cityofwharton.com/ information- a-notices/ lcrb- feasibility_study. The Project Participation Agreement( PPA) has been executed. The City has begun the process to acquire the property necessary to construct the project. The City has hired HDR for Right- of-Way Acquisition and Jones & Carter for City and private company utility relocations. The City has acquired all but 1 property for Phase 1 and is currently proceeding with Eminent Domain on the last property. City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 19 of 22 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 October. 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 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 drilling will begin the week of November 22, 2021. 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 acquired most of the acquired property and is negotiating with 1 property owner still and City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 20 of 22 processing 1 parcel through eminent domain. 2. I-69 Project. The City submitted the comments as approved by the City Council to TxDOT. TxDOT has informed the City that CivilCorp engineering has begun design and the City is involved in regular coordination meetings. 3. NanYa Exit Ramp Project. TxDOT has been coordinating with NanYa and JM Eagle on the exit design. After some discussion, no action was taken. The fourteenth 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 fifteenth 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 sixteenth item on the agenda was to review and consider City Council Boards, Commissions and Committee Reports: A. Beautification Commission meeting held November 10, 2021. After some discussion, no action was taken. The seventeenth item on the agenda was to review and consider City Manager' s Reports: A. City Secretary/Personnel. B. Code Enforcement. C. Community Services Department/ Civic Center. D. Emergency Management. E. E. M. S. Department. F. Facilities Maintenance Department/ Wharton Municipal Pool. G. Fire Department. H. Fire Marshal. I. Legal Department. J. Municipal Court. K. Police Department. L. Public Works Department. M. Water/ Sewer Department. N. Weedy Lots/ Sign Ordinance. O. Wharton Regional Airport. City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Page 21 of 22 After some discussion, no action was taken. The eighteenth item on the agenda was to review and consider Executive Session: City Council may adjourn into an Executive Session in accordance with Sections 551. 072 and 551. 074 of the Local Government Code, Revised Civil Statutes of Texas. Final action, decision or vote, if any with regard to any matter considered in Executive Session shall be made in Open Meeting. Discussion: A. City Managers Evaluation. B. Acquisition by TxDOT for City owned real property for the 169 expansion. C. Easement for CenterPoint Electric on City owned real property for the FM 1301 Expansion Utility Relocation. Mayor Tim Barker moved the meeting into Closed Session at 8: 10 p.m. The nineteenth item on the agenda was action on items discussed in Executive Session: A. City Managers Evaluation. B. Acquisition by TxDOT for City owned real property for the 169 expansion. C. Easement for CenterPoint Electric on City owned real property for the FM 1301 Expansion Utility Relocation. Mayor Tim Barker returned the meeting to Open Session at 8: 22 p. m. 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 8: 22 p.m. CITY OF WHARTON, TEXAS By. A 0' TIM BARKER Mayor ATTEST: City of Wharton City Council Regular Meeting Minutes- November 22, 2021 Pa of 22 P ULA FAVORS City Secretary c