City Council Regular Meeting

MINUTES OF CITY OF WHARTON REGULAR CITY COUNCIL MEETING DECEMBER 13, 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; and Don Mueller. Councilmember absent was: None. Staff members present were: City Manager, Joseph R. Pace; City Attorney, Paul Webb; Finance Director, Joan Andel; City Secretary, Paula Favors, TRMC, CPM, MMC; Assistant to the City Manager, Brandi Jimenez; Community Development Director, Gwyn Teves; Assistant to the Building Official; Claudia Velasquez, and Public Works Director, Anthony Arcidiacono. Visitors present were: Attorney, Rezzin Pullum, with the Bor orquez Law Firm, Adraylle Watson; Jessica Hartman, with The County Gin; Charlene Heydinger; Sandy Wilkins; Russ Baird; Vanessa Baird; Burnell Neal; Marilyn Sebesta; Alberto Vazquez; Jeffery Blair; Faye Watson; Laura Clemons and Joe Southern, with the Wharton Journal Spectator. Roll Call and Excused Absences. All members were present. Public Comments. Mayor Tim Barker called for Public Comments. Mr. Russell Baird discussed the W Milam Property Project and the effects it would have on the City of Wharton. Mr. Jeffery Blair, with the Wharton County Heritage Partnership, discussed the Stephen F. Austin Elementary School Hopper Elementary) and the effects that tearing down the historical building and constructing thirty-four rentals would have on the neighborhood and on the City of Wharton. Mr. Blair stated the Partnership e would like to see the site moved to a different location and the school saved. He also encouraged the City Council to work with the Partnership on the issue. Wharton Moment. City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 2 of 16 Mayor Tim Barker called for Wharton Moments. Councilmember, Russell Machann, congratulated the Wharton Chamber of Commerce on a successful snow day event held on the grounds of the Wharton County Courthouse. Review and Consider: The first item on the agenda was to review and consider reading of the minutes from the regular meetings held November 8, 2021, and November 22, 2021. After some discussion, Councilmember, Russell Machann, moved to the minutes from the regular meetings held November 8, 2021, and November 22, 2021. Councilmember, Don Mueller, seconded the motion. All voted in favor. The second item on the agenda was to review and consider a request from the Mayor' s Committee on People with Disabilities to have an annual fundraiser. City Manager, Joseph R. Pace, stated the Mayor' s Committee on People with Disabilities Committee was requesting from the City Council, its support in conducting a fundraiser. Assistant to the Building Official, Claudia Velazquez, stated the Committee, currently had the following annual programs First Responders Luncheon, Valentine' s, and Halloween Dance for Wharton County, and would like to increase the number of social functions as well as more community awareness programs. Mrs. Vazquez said that due to COVID- 19, the committees outside donations had decreased and to continue the programs the Committee would like to have an annual fundraiser. After some discussion, Councilmember Alice Heard-Roberts, moved to approve the request from the Mayor' s Committee on People with Disabilities to have an annual fundraiser. Councilmember, Clifford Jackson, 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 travel trailer for temporary housing at 532 East Elm Street. City Manager, Joseph R. Pace, presented a copy of the request from Mr. Alberto Vasquez for a temporary variance 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 for 532 East Elm Street. Community Development Director, Gwyn Teves, stated the variance would expire December 31, 2021. Mrs. Teves said the City had provided multiple variances and extensions of these variances in an effort to assist residents while alternative housing arrangements are made and Mr. Vazquez was constructing his home at this location and has just passed inspection on the subfloor. She said Mr. Vazquez had been in his RV and working on construction since December 2020. After some discussion, Councilmember, Russell Machann, moved to approve the request for an extension of a variance for the temporary placement of travel trailer for temporary housing at 532 East Elm Street for six-months. All voted in favor. The fourth 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 at 1605 Goode Street. City Manager, Joseph R. Pace, stated Ms. Faye Evans, 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 City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 3 of 16 and Travel Trailers; Division 3- Recreational Vehicles on behalf of the residents of 1605 Goode Street and the last variance expired on November 10, 2021. Community Development Director, Gwyn Teves, that on November 22, 2021, the request was held for decision pending the attendance of Ms. Watson or a representative of the Wharton County Recovery Team at the next meeting and that Ms. Watson was in attendance. After some discussion, Councilmember, Terry Freese, moved to approve a six-month extension of a variance for the temporary placement of a travel trailer for temporary housing at 1605 Goode Street. Councilmember, Russell Machann, seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider an ordinance of the City of Wharton, Texas Establishing new single-member district boundaries for the current four City Council single- member Districts; Establishing: Findings of Fact, Proper Notice & Meeting, and Providing an Effective Date. Ordenanza: La ordenanza estableciendo nuevos limites para los cuatro distritos de un solo miembro del concejo municipal. City Manager, Joseph R. Pace, stated that during the regular October 25, 2021, the City Council authorized the Bojorquez Law Firm, PC to draft the final ordinance that was required to establish new single-member district boundaries for the current four City Council single- member districts. City Secretary, Paula Favors, stated that once the ordinance had been adopted by the City Council, the attorneys of the Bojorquez Law Firm would create the final After some discussion, map. Councilmember, Don Mueller, moved to approve City of Wharton Ordinance No. 2021- 24, which read as follows: CITY OF WHARTON ORDINANCE NO. 2021- 24 AN ORDINANCE OF THE CITY OF WHARTON, TEXAS ESTABLISHING NEW SINGLE-MEMBER DISTRICT BOUNDARIES FOR THE CURRENT FOUR CITY COUNCIL SINGLE- MEMBER DISTRICTS; ESTABLISHING: FINDINGS OF FACT, PROPER NOTICE & MEETING, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Charter for the City of Wharton(" City") calls for four( 4) City Council members to be elected by each of the four( 4) geographic districts in the City; and, WHEREAS, the most recent decennial Census has revealed that the City' s districts must be redrawn so that they are within the ten percent ( 10%) Total Maximum Deviation required by the " one person, one vote" constitutional principal; and, WHEREAS, the City has certain responsibilities when redrawing district boundaries under federal and state law including, but not limited to, Amendments 14 and 15 to the United States Constitution, the Voting Rights Act, 42 U. S. C. A. § 1973, et seq., and Texas Government Code §§ 2058. 001 and 2058. 002; and, City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 4 of 16 WHEREAS, it is the intent of the City to comply with the Voting Rights Act and with all other relevant law, including Shaw v. Reno jurisprudence; and, WHEREAS, the City Council passed Resolution No. 2021- 110, for use in creation of Council Member districts, which formally adopted redistricting criteria and a defined project timeline that will serve as a framework to guide the City in the consideration of redistricting plans and assist the City in its efforts to comply with all applicable federal and state laws; and, WHEREAS, the City Council has considered various plans prepared by the City' s legal consultant and demographer for the redrawing of the four( 4) City Council single- member districts; and, WHEREAS, notice of all public hearings on the redrawing of the four (4) City Council single- member districts was timely published in the local newspaper so as to give the City' s residents an opportunity to attend and comment on the redistricting plans recommended by the City Council and those prepared by the City' s legal consultant and demographer; and, WHEREAS, letters soliciting feedback and participation were sent to known civic leaders; and, WHEREAS, notices, draft plans, and related documentation were posted on the City' s website throughout this process; and, WHEREAS, the City has received input from civic leaders and citizens generally supporting the City' s process and the proposed plan; and, WHEREAS, the City Council is of the opinion that the plan for the redrawing of the four( 4) City Council single-member districts, a copy of which is attached hereto as Exhibit " A" and incorporated herein by reference, best meets the redistricting criteria previously adopted by the City Council, is preferable to the other plans submitted and considered, and should be adopted by the City for Council Member elections to be held on May 7, 2022, and subsequent elections until redistricting becomes necessary following the release of the 2030 Census data. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Wharton, Texas, that: 1. The foregoing recitals are found to be true and correct and are hereby adopted and incorporated herein as findings of fact. 2. The City Council finds that the plan for the redrawing of the four ( 4) City Council single- member districts, which is attached hereto as " Exhibit A", and incorporated herein by reference, satisfies and balances the redistricting criteria previously adopted by the City Council. City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 5 of 16 3. Based upon the foregoing findings and criteria, the City Council hereby approves the redistricting plan for the redrawing of the four( 4) City Council single-member districts attached hereto as " Exhibit A", such plan to become effective on the latter of the date this Ordinance is adopted or upon preclearance by the Voting Rights Division of the United States Department of Justice. 4. The City Council directs City staff and its legal consultant and demographer to submit the redistricting plan attached hereto as " Exhibit A" to the Voting Rights Division of the United States Department of Justice for preclearance under Section 5 ofthe Voting Rights Act. 5. It is found that the meeting at which this Ordinance was approved was properly noticed and held in strict compliance with the Texas Open Meetings Act, Ch. 551 Texas Government Code. PASSED & APPROVED ON this 13th day of December 2021, by a vote of 7 ( yeas) to 0 ( nays) to 0( abstentions) of the City Council of the City of Wharton, Texas. CITY OF WHARTON, TEXAS: By: Tim Barker Mayor ATTEST: Paula Favors City Secretary APPROVED AS TO FORM: Alan J. Bojorquez, Attorney-at- Law Councilmember, Russell Machann, seconded the motion. Councilmember, Clifford Jackson, and Councilmember, Alice Heard-Roberts, voted against the motion. Councilmembers, Terry Freese, Steve Schneider, Russell Machann, and Don Mueller voted for the motion. The motion carried. The sixth item on discussed on the agenda was to review and consider a resolution of the Wharton City Council approving Change Order No. 1 with Weisinger Incorporated for the Wharton Well City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 6 of 16 and Water Plant Project and authorizing the Mayor to execute all documents related to said change order. City Manager, Joseph R. Pace, presented a copy of Change Order No. 1 with Weisinger Incorporated for the Wharton Well and Water Plant Project. Public Works Director, Anthony Arcidiacono, stated the City Staff was requesting that the City Council consider approving the request. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2021- 124, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 124 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING CHANGE ORDER NO. 1 WITH WEISINGER INCORPORATED FOR THE WHARTON WELL AND WATER PLANT PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAID CHANGE ORDER WHEREAS, The Wharton City Council wishes to approve Change Order No. 1 with Weisinger Incorporated for the Wharton Well and Water Plant Project; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor to execute all documents related to the change order. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby authorizes Change Order No. 1 with Weisinger Incorporated for the Wharton Well and Water Plant Project. Section H. The Wharton City Council hereby authorizes the Mayor to execute all documents related to the change order. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 13th day of December 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 7 of 16 City Secretary Councilmember, Terry Freese, seconded the motion. All voted in favor. The seventh item discussed on the agenda was to review and consider a resolution of the Wharton City Council approving the purchase of a remount and chassis, from Frazer Company, through their licensed franchise dealer, Mac Haik Dodge Chrysler Jeep, through the Houston-Galveston Area Council Cooperative Purchasing Program and authorizing the Mayor of the City of Wharton to execute all documents related to said purchases. City Manager, Joseph R. Pace, presented a copy of a quote from the Frazer Company, through their licensed franchise dealer, Mac Haik Dodge Chrysler Jeep, for the remount of Unit 1124. Finance Director, Joan Andel, stated the remount and chassis were being purchased through the HGAC Program and the total amount of the remount and chassis was $ 157, 474. 00. Mrs. Andel said the City Staff would be applying for a grant from the M. G. & Lillie A. Johnson Foundation in anticipation of receiving a total amount of$75, 000.00. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2021- 125, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 125 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE PURCHASE OF A REMOUNT AND CHASSIS, FROM FRAZER COMPANY, THROUGH THEIR LICENSED FRANCHISE DEALER, MAC HAIK DODGE CHRYSLER JEEP, THROUGH THE HOUSTON/GALVESTON AREA COUNCIL COOPERATIVE PURCHASING PROGRAM, AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ANY AND ALL DOCUMENTS RELATED TO SAID PURCHASES. WHEREAS, The Wharton City Council wishes to approve the purchase of a remount and chassis from Frazer Co., through Mac Haik Dodge Chrysler Jeep, in the amount of 157,474.00; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute any and all documents related to said purchase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. That the Wharton City Council hereby approves an agreement with Frazer Co., through Mac Haik Dodge Chrysler Jeep, for the purchase of a remount and chassis in the amount of$ 157, 474.00 through the Houston- Galveston Area Council Cooperative Purchasing Program. Section U. That the Mayor of the City of Wharton is hereby authorized to execute any and all documents related to said purchase. Section HI. That this resolution shall become effective immediately upon its passage. City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 8 of 16 PASSED, APPROVED, and ADOPTED this 13th day of December 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Don Mueller, seconded the motion. All voted in favor. The eighth item on the agenda was to review and consider a request from the City of Wharton to the Wharton County Commissioner' s Court regarding Houston-Galveston Area Council( H-GAC) Rural County Coronavirus Reimbursement Project. City Manager, Joseph R. Pace, stated the Houston-Galveston Area Council( H- GAC) had made funds available for rural counties within the 13- County Region of H-GAC for expenses related to preventing, preparing for and responding to the Coronavirus ( COVID- 19). City Manager Pace said that an eligible county may choose to request reimbursement for expenses from units of local governments within its jurisdiction; however, the county would be responsible for dispersing those funds directly to those local governments. Finance Director, Joan Andel, stated the City Staff had requested that Wharton County apply for these funds on behalf of the City of Wharton to cover expenses of overtime for our EMS department for calls that were made to East Wharton County residents in response to COVID- 19 related symptoms. Mrs. Andel said the covered project period was for eligible expenses which incurred between February 1, 2020, and December 31, 2021, the maximum county allocation was $29,517. 84. She said the City of Wharton well surpassed this allocation during this time period and Mr. Justin Riley at H- GAC must be notified via email by December 15, 2021 if Wharton County wished to participate on behalf of the City of Wharton. After some discussion, Councilmember, Terry Freese, moved to approve the request from the City of Wharton to the Wharton County Commissioner' s Court wishing to participate in the Houston- Galveston Area Council ( H- GAC) Rural County Coronavirus Reimbursement Project. Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The nineth item on thea was to review and consider agenda g s der a resolution of the Wharton City Council submitting an application for the Wharton Regional Airport to the Texas Department of Transportation ( TxDOT) Airport Rescue Grant Program in the amount of $ 32, 000.00 and authorizing the Mayor of the City of Wharton to execute all documents related to said application. City Manager, Joseph R. Pace, stated the State of Texas, acting through the Texas Department of Transportation ( TxDOT), had been working with the Federal Aviation Administration ( FAA) to implement the Airport Rescue Grant Program which was approved by Congress in the American City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 9 of 16 Rescue Plan Act (ARPA) of 2021. City Manager Pace said TxDOT had awarded grant funds to eligible Texas airports to prevent, prepare for and respond to the Coronavirus Disease 2019 pandemic. Finance Director, Joan Andel, stated the grant funding could be used for reimbursements of airport' s costs related to operations, personnel, cleaning, sanitization, janitorial services and combating the spread of pathogens in accordance with the limitations prescribed in the Act with expenditures occurring no earlier than January 20, 2020. Mrs. Andel said the grant could also be used to reimburse a Sponsor' s payment of debt service where such payments occur on or after March 11, 2021, with the maximum amount available to the Wharton Regional Airport under the provisions of the Airport Rescue Grant Program being$ 32,000.00. She said the Wharton Regional Airport would like to submit an application for these funds through the Wharton City Council. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2021- 126, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021 - 126 A RESOLUTION OF THE WHARTON CITY COUNCIL SUBMITTING AN APPLICATION FOR THE WHARTON REGIONAL AIRPORT TO THE TEXAS DEPARTMENT OF TRANSPORTATIONXSDOT T AIRPORT RESCUE GRANT PROGRAM IN THE AMOUNT OF $ 32,000.00 AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID APPLICATION. WHEREAS, The City of Wharton City Council wishes to submit an application for the Wharton Regional Airport for funding from the Texas Department of Transportation Airport Rescue Grant Program in the amount of$32,000.00; and, WHEREAS, The Wharton City Council hereby accepts the Grant Agreement terms and conditions; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents relating to said funding. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby submits an application for the Wharton Regional Airport to the Texas Department of Transportation Airport Rescue Grant Program in the amount of$32, 000. SECTION II. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute all documents related to said funding. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 13'' day of December 2021. City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 10 of 16 CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: 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 rejecting received construction bids and authorizing the City Staff to rebid for the construction of the FM 1301 Utility Relocation Project. City Manager, Joseph R. Pace, stated the City of Wharton received bids for the construction of the FM 1301 Utility Relocation Project on November 17, 2021 at 10: 00 A.M. and only one( 1) bid was received. City Manager, Joseph R. Pace, presented a copy of the summary tabulation of the bid and a copy of the a recommendation from Jones & Carter, the City' s engineer for the project. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No 2021- 127, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 127 A RESOLUTION OF THE WHARTON CITY COUNCIL REJECTING RECEIVED CONSTRUCTION BIDS AND AUTHORIZING THE CITY STAFF TO REBID FOR THE CONSTRUCTION OF THE FM 1301 UTILITY RELOCATION PROJECT. WHEREAS, The City of Wharton received one ( 1) bid from ISJ Underground Utilities, LLC on November 17, 2021; and, WHEREAS, The Wharton City Council wishes to reject the bid due to discrepancies in the base bid and unfamiliarity with ISJ Underground Utilities, LLC; and, WHEREAS, The Wharton City Council wishes to authorize the City Staff to rebid for the construction of the FM 1301 Utility Relocation Project; 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: City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 11 of 16 Section I. The Wharton City Council wishes to reject the bid received November 17, 2021, due to discrepancies in the base bid and unfamiliarity with ISJ Underground Utilities, LLC. Section II. The Wharton City Council has authorized the City Staffto rebid for the construction of the FM 1301 Utility Relocation Project. Section III. That this resolution should become effective immediately upon its passage. Passed, Approved, and Adopted this 13"' day of December 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Terry Freese, seconded the motion. All voted in favor. The eleventh item on the agenda was to review and consider and take possible action on a Resolution of Intent to Establish a City of Wharton Property Assessed Clean Energy Program Wharton City PACE program): A. Resolution: A resolution of the Wharton City Council approving the intent to establish a PACE Program. City Manager, Joseph R. Pace, stated the City Staff met with Ms. Charlene Heydinger, of Texas Pace Authority, via zoom on November 1, 2021, to discuss the Property Assessed Clean Energy PACE) Program. City Manager Pace said the program allowed a governing body of a local government, including a City or County, to designate an area of the territory of the local government as a region within which an authorized representative of a local government and the record owners of commercial, industrial and large multifamily residential ( 5 or more dwelling units) real property may enter into written contracts to impose assessments on the property to repay the financing by the owners of permanent improvements fixed to the property intended to decrease energy or water consumption or demand. Ms. Heydinger gave a presentation on the PACE program to Council and the benefits of putting the program in place. Community Development Director, Gwyn Teves, stated this was the first step of the process in establishing the program. Mrs. Teves said The report required by Texas Local Government Code Section 399.009 for proposed property assessed clean be placed on the website on energy ( pace) program would City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 12 of 16 December 13th, 2021, as required and there would be a public hearing at the next City Council meeting. After some discussion, Councilmember, Terry Freese, moved to approve setting the Public Hearing for January 10, 2022, and City of Wharton Resolution No. 2021- 128, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 128 A RESOLUTION OF THE WHARTON CITY COUNCIL OF INTENT TO ESTABLISH A PACE PROGRAM. WHEREAS, The 83rd Regular Session of the Texas Legislature enacted the Property Assessed Clean Energy Act, Texas Local Government Code Chapter 399 (the" PACE Act"), which allows the governing body ofa local government, including a City or County, to designate an area ofthe territory ofthe local government as a region within which an authorized representative of a local government and the record owners of commercial, industrial, and large multifamily residential( 5 or more dwelling units) real property may enter into written contracts to impose assessments on the property to repay the financing by the owners of permanent improvements fixed to the property intended to decrease water or energy consumption or demand; and WHEREAS, the installation or modification by property owners of qualified energy or water saving improvements to commercial, industrial, and large multifamily residential real property in the City of Wharton will further the goals of energy and water conservation without cost to the public; and WHEREAS, the City Council finds that financing energy and water conserving projects through contractual assessments (" PACE financing") furthers essential government purposes, including but not limited to, economic development, reducing energy consumption and costs, and conserving water resources; and WHEREAS, the City Council subject to the public hearing scheduled as provided below, at which the public may comment on the proposed program and the report issued contemporaneously with this resolution, finds that it is convenient and advantageous to establish a program under the PACE Act and designate the entire geographic area within the City' s jurisdictional boundaries including its extraterritorial jurisdiction as a region within which a designated City authorized representative and the record owners of qualified real property may enter into PACE financing agreements: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section 1. The Recitals to this Resolution are true and correct and are incorporated into this Order for all purposes. City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 13 of 16 Section II. The City hereby adopts this Resolution of Intent and finds that financing qualified projects through contractual assessments pursuant to the PACE Act is a valid public purpose. Section III. The City intends to make contractual assessments to repay PACE financing for qualified energy or water conserving projects available to owners of commercial, industrial, and large multifamily residential real property. The program is to be called the City of Wharton, Texas Property Assessed Clean Energy Program Wharton City PACE"). Section IV. The following types of projects are qualified projects for PACE financing that may be subject to such contractual assessments: Projects that( a) involve the installation or modification of a permanent improvement fixed to privately owned commercial, industrial, or residential real property with five (5) or more dwelling units, and ( b) are intended to decrease energy or water consumption or demand, including a product, device, or interacting group of products or devices on the customer' s side of the meter that uses energy technology to generate electricity, provide thermal energy, or regulate temperature. Section V. An assessment may not be imposed to repay the financing of facilities for undeveloped lots or lots undergoing development at the time of the assessment or the purchase or installation of products or devices not permanently fixed to real property. Section VI. The boundaries of the entire geographic area within the City' s jurisdiction, including its extraterritorial jurisdiction are the boundaries of the region where PACE financing and assessments can occur. Section VII. Financing for qualified projects under the PACE program will be provided by qualified third-party lenders chosen by the owners. Such lenders will execute written contracts with City' s authorized representative to service the assessments, as required by the PACE Act. The contracts will provide for the lenders to determine the financial ability of owners to fulfill the financial obligations to be repaid through assessments, advance the funds to owners on such terms as are agreed between the lenders and the owners for the installation or modification of qualified projects, and service the debt secured by the assessments, directly or through a servicer, by collecting payments from the owners pursuant to contracts executed between the lenders and the owners. The lender contracts will provide that the City will maintain and continue the assessments for the benefit of such lenders and enforce the assessment lien for the benefit of a lender in the event of a default by an owner. The City will not, at this time, provide financing of any sort for the PACE program. Section VIII. The City will contract with Texas PACE Authority, a qualified non-profit organization to be the independent third- party Authorized Representative. City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 14 of 16 Section IX. The City will consult with the County Tax Assessor/Collector for Wharton County. Section X. The report on the proposed PACE program prepared as provided by Tex. Local Gov' t Code Sec. 399.009, is available for public inspection on the City' s website and in the office of the City Manager at 120 E. Caney Street, Wharton, Texas and is incorporated in this resolution and made a part hereof for all purposes. Section XI. The City Council will hold a public hearing on the proposed PACE program and report on January 10, 2022, at 7: 00 p.m. in City Hall, 120 E. Caney Street, Wharton, Texas. Section XII. That this resolution should become effective immediately upon its passage. Passed, Approved, and Adopted this 13'' day of December 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 twelfth item on the agenda was to review and consider a pay request from E- Contractors for the Wharton Well and Water Plant Contract Project. City Manager, Joseph R. Pace, presented a copy of the pay request from E- Contractors for the Wharton Well and Water Plant Contract Project. Community Development Director, Gwyn Teves, stated that City Staff was recommending the City Council consider approving the request. After some discussion, Councilmember, Russell Machann, moved to approve the pay request from E- Contractors for the Wharton Well and Water Plant Contract Project. Councilmember, Steve Schneider, seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider the cancellation of the December 27, 2021 Regular Wharton City Council Meeting. City Manager, Joseph R. Pace, stated that due to the Holiday Season, he am requesting the Mayor and City Council to consider canceling the December 27, 2021 Regular City Council Meeting. He said that if it became necessary, a special meeting would be scheduled. After some discussion, Councilmember, Don Mueller, moved to approve the cancellation of the December 27, 2021 Regular Wharton City Council Meeting. Councilmember, Terry Freese, seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 15 of 16 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. The fifteenth item on the agenda was to review and consider City Council Boards, Commissions and Committee Reports: A. Public Works Committee meeting held November 22, 2021. B. Parks& Recreation Committee meeting held November 22, 2021. C. Finance Committee meeting held November 22, 2021. After some discussion, no action was taken. Executive Session 1. City Council may adjourn into an Executive Session in accordance with Section 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 Manager' s Evaluation. Mayor Tim Barker moved the meeting into Closed Session at 8: 08 p.m. Return to Open Session 1. Action on items discussed in Executive Session: A. City Manager' s Evaluation. Mayor Tim Barker returned the meeting to Open Session at 8: 31 Mayor Barker stated p. m. information only was received. Adjournment. 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 8: 31 p.m. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor City of Wharton City Council Regular Meeting Minutes- December 13, 2021 Page 16 of 16 ATTEST: P LA FAVORS ity Secretary tr r