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City Council Regular Meeting

Regular Meeting

Wharton, TX · October 9, 2023

AgendaPacketMinutes

Minutes

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING OCTOBER 9, 2023 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, Burnell Neal, led the opening devotion, and Mayor, Tim Barker led the pledge of allegiance. Councilmembers present were: Mayor, Tim Barker, and Councilmembers, Terry Freese; Don Mueller; Russell Machann; Burnell Neal; Larry Pittman, and Steve Schneider. Councilmembers absent were: None. Staff members present were: City Manager, Joseph R. Pace; City Attorney, Paul Webb; Finance Director, Joan Andel; Assistant City Manager, Paula Favors, TRMC, CPM, MMC; Director of Planning and Development, Gwyn Teves; Police Lt., Lance Bothell; Emergency Management Coordinator, Lt. Ben Guanajuato and Public Works Director, Roderick Semien. Visitors present were: Jim Maddox, Mr. Brian Jarrard, with Holcomb Properties Company, Amy Morales and Sarah Shanks with Kapeesh Marketing, and Sam Scinta, Jr. with the Wharton Journal Spectator. Roll Call and Excused Absences. All Councilmembers were present. Public Comments. Mayor, Tim Barker, called for Public Comments. The following comments were made: 1. Ms. Thelma Hayes stated the streets on the West Side of Wharton were in poor condition with grass growing in the streets as well as the sidewalks. She said that Councilmember, Burnell Neal, had tried to clean the sidewalks would it was too much to even cut with a tractor. Ms. Hayes said that the area needs some help from the City. Wharton Moment. Mayor, Tim Barker, called for Wharton Moments. No comments were made. Proclamation Mayor, Tim Barker, presented the Domestic Violence Proclamation as follows: CITY OF WHARTON City of Wharton City Council Regular Meeting Minutes- October 09, 2023 Page 2 of 14 OFFICE OF THE MAYOR PROCLAMATION WHEREAS, Domestic violence remains a pervasive issue across Wharton, Wharton County, the United States, and the world with implications for personal and community health; and, WHEREAS, Domestic violence does not discriminate and touches all communities regardless of age, race, disability, gender identity, or socioeconomic status; and, WHEREAS, Domestic Violence Awareness Month is nationally recognized every October, and is an opportunity to help our community promote and protect the safety and freedom of all who seek refuge from this terrible crime; and, WHEREAS, The Crisis Center of Matagorda and Wharton County is dedicated to helping victims of domestic violence by providing free and confidential services such as advocacy, education, shelter, and resources. In the past year, the Crisis Center has provided services to 425 clients of domestic violence and 6,319 nights of shelter to adults and children. Through these programs, individuals and families can feel a sense of hope, safety, and protection; and, WHEREAS, Research shows incidents of domestic violence are reduced by creating communities where people are connected, supportive, and care for one another. The City of Wharton encourages members of the community to work together to increase domestic violence awareness; and, WHEREAS, During October, the Crisis Center will promote public awareness of domestic violence. On October 19, 2023, citizens can participate in " Go Purple Day", a National Day of Action during Domestic Violence Awareness Month, by wearing purple as a symbol of peace, courage, survival, honor, and personal dedication to domestic violence awareness. On October 18, 2023, the Center will host " Walk a Mile in Their Shoes" in support of victims and survivors. NOW, THEREFORE, I, TIM BARKER, by the authority vested in me as Mayor of the City of Wharton, Texas, do hereby proclaim the month of October 2023 as Domestic Violence Awareness Month" in the City of Wharton in recognition of the important work done by survivors, domestic violence programs and victim service providers, urge all citizens to actively participate in the scheduled activities and programs sponsored by " The Crisis Center of Matagorda and Wharton County" and other community organizations to work toward the elimination of domestic violence. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Wharton to be affixed this 9th day of October, in the year of our Lord two thousand twenty- three A.D. City of Wharton City Council Regular Meeting Minutes- October 09, 2023 Page 3 of 14 Review and Consider: The first item on the agenda was to review and consider the reading of the minutes from the regular meetings held September 11, 2023, and September 25, 2023. After some discussion, Councilmember, Russell Machann, moved to approve the reading of the minutes from the regular meetings held September 11, 2023, and September 25, 2023. Councilmember, Terry Freese, seconded the motion. All voted in favor. The second item on the agenda was to review and consider a resolution by the City Council of the City of Wharton, Texas, a Home Rule Municipality existing under the laws of the State of Texas, accepting a Public Improvement District ( PID) Petition and setting a Public Hearing on the creation of a Public Improvement District as described in the attached Exhibit A. Finance Director, Joan Andel, stated a petition was received for the creation of a Public Improvement District( PID) from the owner of 55. 2061 acres of land located in the Extraterritorial Jurisdiction ( ETJ) of the City of Wharton. Mrs. Andel said the petition was a request for the City Council to consider holding a Public Hearing on the creation of the PID. Mr. Brian Jarrard, with Holcomb Properties Company, discussed the petition and the request. After some discussion, Councilmember, Terry Freese moved to set the Public Hearing date for Monday, October 23, 2023, at 7 p. m. and City of Wharton Resolution No. 2023- 81, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 81 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, A HOME RULE MUNICIPALITY EXISTING UNDER THE LAWS OF THE STATE OF TEXAS, ACCEPTING A PUBLIC IMPROVEMENT DISTRICT ( PID) PETITION AND SETTING A PUBLIC HEARING ON THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AS DESCRIBED IN THE ATTACHED EXHIBIT A. WHEREAS, The Wharton City Council received a Public Improvement District ( PID) Petition requesting the creation of a PID; and, WHEREAS, The City of Wharton wishes to set a Public Hearing on the creation of a Public Improvement District( PID); and, WHEREAS, The Wharton City Council wishes to accept the Public Improvement District (PID) Petition and set the Public Hearing date for October 23, 2023, at 7: 00 p.m. during the regular City Council meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby accepts the Public Improvement District (PID) Petition requesting the creation of a PID. City of Wharton City Council Regular Meeting Minutes- October 09, 2023 Page 4 of 14 Section II. The City of Wharton hereby wishes to set a Public Hearing on the creation of a Public Improvement District ( PID) for October 23, 2023, at 7: 00 p.m. during the regular City Council meeting. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 9" day of October 2023. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Burnell Neal, seconded the motion. All voted in favor. The third item on the agenda was to review and consider a Public Improvement District( PID) Consultant Services and Tax Increment Reinvestment Zone ( TIRZ) Consultant Services: A. Resolution: A resolution of the Wharton City Council accepting a proposal for Public Improvement District ( PID) Administration Consultant Services and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. B. Resolution: A resolution of the Wharton City Council accepting a proposal for Tax Increment Reinvestment Zone ( TIRZ) Consultant Services and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. Finance Director, Joan Andel, stated a Request for Proposals was issued on September 27, 2023, for both a Public Improvement District( PID) Consultant as well as a Tax Increment Reinvestment Zone ( TIRZ) Consultant. Mrs. Andel said that the proposals were received and reviewed, and a recommendation was presented to the Finance Committee on Monday, October 9, 2023. After some discussion, Councilmember, Russell Machann, moved to approve the City of Wharton Resolution 2023- 82 and Resolution 2023- 83, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 82 City of Wharton City Council Regular Meeting Minutes- October 09, 2023 Page 5 of 14 A RESOLUTION OF THE WHARTON CITY COUNCIL ACCEPTING A PROPOSAL FOR PUBLIC IMPROVEMENT DISTRICT ( PID) ADMINISTRATION CONSULTANT SERVICES AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, The Wharton City Council wishes to accept a proposal between the City of Wharton and Municap, Inc. for Public Improvement District ( PID) Administration Consultant Services; and, WHEREAS, The City of Wharton and Municap, Inc. 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 accepts a proposal between the City of Wharton and Municap, Inc. for Public Improvement District ( PID) Administration Consultant Services. 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 Municap, Inc. are hereby bound by the conditions as set forth in the agreement. Section IV. That this resolution shall become effective immediately upon its passage. h Passed, Approved, and Adopted this the 9` day of October 2023. CITY OF WHARTON By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary CITY OF WHARTON RESOLUTION NO. 2023- 83 A RESOLUTION OF THE WHARTON CITY COUNCIL ACCEPTING A PROPOSAL FOR TAX INCREMENT REINVESTMENT ZONE ( TIRZ) CONSULTANT SERVICES City of Wharton City Council Regular Meeting Minutes- October 09, 2023 Page 6 of 14 AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, The Wharton City Council wishes to accept a proposal between the City of Wharton and David Pettit Economic Development, LLC for Tax Increment Reinvestment Zone ( TIRZ) Consultant Services; and, WHEREAS, The City of Wharton and David Pettit Economic Development, LLC 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 accepts a proposal between the City of Wharton and David Pettit Economic Development, LLC for Tax Increment Reinvestment Zone ( TIRZ) Consultant Services. 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 David Pettit Economic Development, LLC 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 96' day of October 2023. CITY OF WHARTON By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Don Mueller, seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a request from Ms. Sarah Shanks of Kapeesh Marketing, LLC, to have Wharton Harvest Day on October 28, 2023, and permission for the following: A. Close Fulton Street between Burleson Street and Milam Street and close Houston Street between Burleson Street and Milam Street from 8: 00 a. m. until 2: 00 p. m. on City of Wharton City Council Regular Meeting Minutes- October 09, 2023 Page 7 of 14 Saturday, October 28, 2023. This includes time for set- up and tear- down for the vendors. B. Provide barricades for street closures. C. Use of the gazebo for a photo booth from 9: 00 a.m. to 2: 00 p.m. D. Waive all local permit fees for food trucks and food vendors for the day of the event. E. Provide city blue barrel trash containers and bags. Ms. Sarah Shanks of Kapeesh Marketing, LLC, requested the items mentioned above to have Wharton Harvest Day on October 28, 2023, from 9: 00 a.m. to 2: 00 p.m. Ms. Amy Morales stated she had met with Lt. Ben Guanajuato regarding the logistics for the event and Ms. Makyla Monroe about the use of the Gazebo. After some discussion, Councilmember, Terry Freese, moved to approve aforementioned items A through E. Councilmember, Burnell Neal, seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider a resolution of the Wharton City Council awarding a contract for the construction of Wharton S. East Avenue Sanitary Sewer Rehabilitation Project Phase 1 and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. Director of Planning& Development, Gwyn Teves, stated that on September 21, 2023, proposals were received for the S. East Ave. Sanitary Sewer Rehabilitation Phase 1 Project for the remaining work to be completed. Mrs. Teves said Quiddity Engineering had reviewed the submitted proposals and was recommending the contract be awarded to Texas Pride Utilities, LLC. She said Quiddity Engineering recommended that the referenced contract be awarded to Texas Pride Utilities, LLC, based on their base bid of$ 184, 140. 00 plus alternate bid items Al and A2 for the total amount of$ 233, 780. 00. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2023- 84, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 84 A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING A CONTRACT FOR THE CONSTRUCTION OF WHARTON S. EAST AVENUE SANITARY SEWER REHABILITATION PROJECT PHASE 1 AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, Proposals were received for the Wharton S. East Avenue Sanitary Sewer Rehabilitation Project Phase 1 on September 21", 2023; and, WHEREAS, Texas Pride Utilities, LLC was deemed the best lowest qualified bidder for the base bid amount and alternate 1& 2 of$ 233, 780. 00; and, WHEREAS, The Wharton City Council wishes to award a contract to Texas Pride Utilities, LLC for the base bid amount and alternate 1& 2; and, City of Wharton City Council Regular Meeting Minutes- October 09, 2023 Page 8 of 14 WHEREAS, The City of Wharton and Texas Pride Utilities, LLC wish to be bound by the conditions as set forth in the agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute the contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON TEXAS as follows: Section I. The Wharton City Council hereby authorizes the Mayor to execute the S. East Avenue Sanitary Sewer Rehabilitation Phase 1 Project contract. Section II. The City of Wharton and Texas Pride Utilities, LLC are hereby bound by the conditions as set forth in the contract. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 9th day of October 2023. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Terry Freese, seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the Mayor of the City of Wharton to submit a Letter of Intent for the City of Wharton' s participation in the Texas Water Development Board Drinking Water State Revolving Fund SFY 2021 Program by submitting an application for funding to be used for planning, design, and construction of the Mayfair/ Linwood Waterline Replacement Project. Director of Planning & Development, Gwyn Teves, stated the City Staff received an invitation to apply to the SFY 2021 DWSRF for the Mayfair/ Linwood Waterline Replacement Project that had been submitted under the program for the last eight years. Mrs. Teves said the City needed to submit the Intent to Apply by October 16, 2023, and the full application by November 17, 2023, to utilize the request for City of Wharton City Council Regular Meeting Minutes- October 09, 2023 Page 9 of 14 principal forgiveness.After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2023- 85, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 85 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO SUBMIT A LETTER OF INTENT FOR THE CITY OF WHARTON' S PARTICIPATION IN THE TEXAS WATER DEVELOPMENT BOARD DRINKING WATER STATE REVOLVING FUND SFY 2021 PROGRAM BY SUBMITTING AN APPLICATION FOR FUNDING TO BE USED FOR PLANNING, DESIGN, AND CONSTRUCTION OF THE MAYFAIR/ LINWOOD WATERLINE REPLACEMENT PROJECT. WHEREAS, The Wharton City Council wishes for certain improvements to be conducted in the Mayfair/ Linwood subdivision; and, WHEREAS, Said improvements would include the planning, design, and construction of waterline replacement; and, WHEREAS, To fund the costs for said project, the Wharton City Council wishes to participate in the Texas Water Development Board Drinking Water State Revolving Fund Program, and to request Principal Forgiveness for the project; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to submit a Notice of Intent to apply to said program. 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 authorizes the Mayor of the City of Wharton to submit a Notice of Intent to apply to the Texas Water Development Board Drinking Water State Revolving Fund Program to apply for funding for the planning, design, and construction of the Mayfair/Linwood Waterline Replacement Project. Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this the 9t' day of October 2023. CITY OF WHARTON By: TIM BARKER Mayor ATTEST: City of Wharton City Council Regular Meeting Minutes- October 09, 2023 Page 10 of 14 PAULA FAVORS City Secretary Councilmember, Steve Schneider, seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the submission of an application to the Economic Development Administration ( EDA) FY 2023/ 2024 Public Works and Economic Development Facilities and Economic Adjustment Assistance Programs in support of the future commercial development and expansion of Prime Eco Fluids and authorizing the Mayor of the City of Wharton to execute all documents related to said submission. Director of Planning& Development, Gwyn Teves, stated the Economic Development Administration( EDA) had announced funding availability for its FY 2023/ 2024 Public Works and Economic Development Facilities and Economic Adjustment Assistance Notice of Funding Opportunity. Mrs. Teves said the City Staff was requesting authorization to apply for the FY 2023/ 2024 Public Works and Economic Development Facilities and Economic Adjustment Assistance in support of the expansion of Prime Eco Fluids. She said the application would be for a 12- inch waterline extension from Kingston Drive to the Prime Eco site on SH 60 which would allow for future commercial development along the corridor and provide more capacity for additional production from Prime Eco and an additional 18- 23 new employees over the next 2 years. Mrs. Teves stated the Wharton Economic Development Corporation had committed $ 400,000.00 in matching funds for this funding opportunity if awarded. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2023- 86, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 86 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE ECONOMIC DEVELOPMENT ADMINISTRATION ( EDA) FY 2023/ 2024 PUBLIC WORKS AND ECONOMIC DEVELOPMENT FACILITIES AND ECONOMIC ADJUSTMENT ASSISTANCE PROGRAMS IN SUPPORT OF THE FUTURE COMMERCIAL DEVELOPMENT AND EXPANSION OF PRIME ECO FLUIDS 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 submit an application to the EDA FY 2023/ 2024 Public Works and Economic Development Facilities and Economic Adjustment Assistance Programs in support of future commercial development and the expansion of Prime Eco Fluids; and, City of Wharton City Council Regular Meeting Minutes- October 09, 2023 Page 11 of 14 WHEREAS, The City of Wharton City Council wishes to accept the Wharton Economic Development Corporations matching contribution of $400, 000. 00 to the grant if awarded; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents relating to said application. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby approves the City of Wharton Staff to prepare an application for the EDA FY 2023/ 2024 Public Works and Economic Development Facilities and Economic Adjustment Assistance in support of future commercial development and the expansion of Prime Eco Fluids. SECTION II. The Wharton City Council hereby accepts the matching funds of the Wharton Economic Development Corporation in the amount of$ 400, 000. 00, if awarded. SECTION III. The City designates the Mayor as the person authorized to sign all forms related to the preparation of the application. SECTION IV.That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 9t' day of October 2023. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Burnell Neal, 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 authorizing and ratifying the City of Wharton to submit a Letter of Intent for the City of Wharton' s participation in the Houston Galveston Area Council Light Detection and Ranging( LiDAR) Data Program by submitting a Letter of Intent and Applicant Validation of Funding Partners for funding to be used to participate in the Acquisition& Production of Light Detection and Ranging( LiDAR) Data. Director of Planning & Development, Gwyn Teves, stated the City Staff was made aware of an opportunity to participate with the Houston Galveston Area Council ( HGAC) in the acquisition and production of Light Detection and Ranging( LiDAR). Mrs. Teves said that due to City of Wharton City Council Regular Meeting Minutes- October 09, 2023 Page 12 of 14 the time-sensitive nature of the application for assistance for funding to the US Geological Survey USGS) the items needed to be returned with signature by Friday, September 29, 2023, requiring the items to be ratified by the City Council. She said the Wharton Economic Development Corporation Director ( WEDC) had also expressed interest in participating in the costs and would be taking the item to their board meeting on October 9th, 2023, at noon. Mrs. Teves stated the LiDAR information would be extremely valuable to the future planning, marketing, and grant opportunities for the City. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2023- 87, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 87 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING AND RATIFYING THE CITY OF WHARTON TO SUBMIT A LETTER OF INTENT FOR THE CITY OF WHARTON' S PARTICIPATION IN THE HOUSTON GALVESTON AREA COUNCIL LIGHT DETECTION AND RANGING ( LIDAR) DATA PROGRAM BY SUBMITTING A LETTER OF INTENT AND APPLICANT VALIDATION OF FUNDING PARTNERS FOR FUNDING TO BE USED TO PARTICIPATE IN THE ACQUISITION PRODUCTION OF LIGHT DETECTION AND RANGING ( LIDAR) DATA. WHEREAS, The Wharton City Council wishes to authorize and ratify the submission of a Letter of Intent( LOI) and applicant validation of funding partners for the U.S. Geological Survey ( USGS); and, WHEREAS, Said LOI and Validation of Funding will allow the City to participate in the Acquisition and Production of Light Detection and Ranging ( LiDAR) Data for the City; and, WHEREAS, To fund the costs for said project, the Wharton City Council wishes to participate in the USGS Data Collection Announcement for 3D Elevation Program, collaborate with the Wharton Economic Development Corporation, and provide the remainder from the Planning and Development Budget; and, WHEREAS, The Wharton City Council wishes to ratify and authorize the Mayor of the City of Wharton to submit a Letter of Intent to participate in said program. 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 authorizes and ratifies the submission, by the Mayor of the City of Wharton, of the Letter of Intent ( LOI) and applicant validation of funding partners for the U.S. Geological Survey (USGS). Section II. That this resolution shall become effective immediately upon its passage. h Passed, Approved, and Adopted this the 9 day of October 2023. City of Wharton City Council Regular Meeting Minutes- October 09, 2023 Page 13 of 14 CITY OF WHARTON By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Steve Schneider, seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider appointments, resignations, and vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. B. Appointments. C. Vacancies. After some discussion, Councilmember, Russell Machann, moved to approve the resignation of Mr. Adraylle Watson from the Mayor' s Committee on People with Disabilities. Councilmember, Burnell Neal, seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider the City Council Boards, Commissions, and Committee Reports: A. Finance Committee meeting held September 25, 2023. After some discussion, no action was taken. There being no further discussion, Councilmember, Don Mueller, moved to adjourn. Councilmember, Burnell Neal, seconded the motion. All voted in favor. The meeting adjourned at 7: 41 p. m. CITY OF WHARTON, TEXAS By: a",(-, TIM BARKER Mayor 41i N. a7, City of Wharton City Council Regular Meeting Minutes- October 09, 2023 Page 14 of 14 ST: PAULA FAVORS City Secretary

Agenda

CITY OF WHARTON CITY COUNCIL REGULAR MEETING Monday, October 09, 2023 7:00 PM CITY HALL 120 EAST CANEY STREET WHARTON, TEXAS 77488 NOTICE OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING Notice is hereby given that a City Council Regular Meeting will be held on Monday, October 09, 2023, at 7:00 p.m. at the Wharton City Hall, 120 East Caney Street, Wharton, Texas, at which time the following subjects will be discussed to-wit: SEE ATTACHED AGENDA Dated this 5th day of October 2023. By: Tim Barker, Mayor I, the undersigned authority, do hereby certify that the above Notice of Meeting of the City Council Regular Meeting is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board, at City Hall of said City or Town in Wharton, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on October 5, 2023, at 4:30 p.m. and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. The Wharton City Hall is wheelchair accessible. Access to the building and special parking is available at the primary entrance. Persons with disabilities, who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the City Secretary's Office at (979) 532- 4811 Ext. 225 or by FAX (979) 532-0181 at least two (2) days prior to the meeting date. BRAILLE IS NOT AVAILABLE. Dated this 5th day of October 2023. CITY OF WHARTON By: Paula Favors City Secretary AGENDA CITY OF WHARTON City Council Regular Meeting Monday, October 09, 2023 City Hall - 7:00 PM Call to Order –Opening Devotion –Pledge of Allegiance. Roll Call and Excused Absences. Public Comments. Wharton Moment. Proclamation 1. Proclamation: Domestic Violence. Review and Consider: 1. Reading of the minutes from the regular meetings held September 11, 2023, and September 25, 2023. 2. Resolution: A resolution by the City Council of the City of Wharton, Texas, a Home Rule Municipality existing under the laws of the State of Texas, accepting a Public Improvement District (PID) Petition and setting a Public Hearing on the creation of a Public Improvement District as described in the attached Exhibit A. 3. Public Improvement District (PID) Consultant Services and Tax Increment Reinvestment Zone (TIRZ) Consultant Services: A. Resolution: A resolution of the Wharton City Council accepting a proposal for Public Improvement District (PID) Administration Consultant Services and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. B. Resolution: A resolution of the Wharton City Council accepting a proposal for Tax Increment Reinvestment Zone (TIRZ) Consultant Services and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. 4. Request from Ms. Sarah Shanks of Kapeesh Marketing, LLC, to have Wharton Harvest Day on October 28, 2023, and permission for the following: A. Close Fulton Street between Burleson Street and Milam Street and close Houston Street between Burleson Street and Milam Street from 8:00 a.m. until 2:00 p.m. on Saturday, October 28, 2023. This includes time for set-up and tear-down for the vendors. B. Provide barricades for street closures. C. Use of the gazebo for a photo booth from 9:00 a.m. to 2:00 p.m. D. Waive all local permit fees for food trucks and food vendors for the day of the event. E. Provide city blue barrel trash containers and bags. 5. Resolution: A resolution of the Wharton City Council awarding a contract for the construction of Wharton S. East Avenue Sanitary Sewer Rehabilitation Project Phase 1 and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. 6. Resolution: A resolution of the Wharton City Council authorizing the Mayor of the City of Wharton to submit a Letter of Intent for the City of Wharton’s participation in the Texas Water Development Board Drinking Water State Revolving Fund SFY 2021 Program by submitting an application for funding to be used for planning, design, and construction of the Mayfair/Linwood Waterline Replacement Project. 7. Resolution: A resolution of the Wharton City Council authorizing the submission of an application to the Economic Development Administration (EDA) FY 2023/2024 Public Works and Economic Development Facilities and Economic Adjustment Assistance Programs in support of the future commercial development and expansion of Prime Eco Fluids and authorizing the Mayor of the City of Wharton to execute all documents related to said submission. 8. Resolution: A resolution of the Wharton City Council authorizing and ratifying the City of Wharton to submit a Letter of Intent for the City of Wharton’s participation in the Houston Galveston Area Council Light Detection and Ranging (LiDAR) Data Program by submitting a Letter of Intent and Applicant Validation of Funding Partners for funding to be used to participate in the Acquisition & Production of Light Detection and Ranging (LiDAR) Data. 9. Appointments, Resignations, and Vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. B. Appointments. C. Vacancies. 10. City Council Boards, Commissions, and Committee Reports: A. Finance Committee meeting held September 25, 2023. Adjournment.

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