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City Council Regular Meeting

Regular Meeting

Wharton, TX · October 23, 2023

AgendaPacketMinutes

Minutes

MINUTES OF CITY OF WHARTON CITY COUNCIL REGUL AR MEETING OCTOBER 23, 2023 Mayor, Tim Barker, declared a Regular Meeting duly open for the transaction of business at 7: 08 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. Councilmembers present were: Mayor, Tim Barker, and Councilmembers, Terry Freese; Burnell Neal; Russell Machann; Don Mueller; Larry Pittman, and Steve Schneider. Councilmember absent was: None. Staff members present were: City Manager, Joseph R. Pace; Assistant City Manager, Paula Favors; Finance Director, Joan Andel; Director of Planning and Development, Gwyn Teves, CPM; Assistant to the City Manager, Brandi Jimenez; Police Chief, Terry David Lynch; Lt. Ariel Soltura, and EMS Director, Christy Gonzales Visitors present were: Amy Morales; Roy Moses; Walter Garrett; Greg Brinkley; Wanda Brinkley; Eddie Brinkley, Jr.; Brian Jarrard -of Holcomb Properties; Wharton Economic Development Director, Josh Owens, and Sam Scinta, Jr. with the Wharton Journal Spectator. Roll Call and Excused Absences. All City Councilmembers were present. Public Comments. Mayor, Tim Barker, called for Public Comments. No comments were given. Wharton Moment. Mayor, Tim Barker, called for the Wharton Moment. City Manager, Joseph R. Pace, stated the Houston Astros were playing game 7 of the American League Championship Series against the Texas Rangers. Public Hearing I. Public Hearing: Creation of Public Improvement District( PID). Mayor, Tim Barker, opened the Public Hearing at 7: 02 p. m. Brian Jarrard of Holcomb Properties answered questions regarding the creation of the PID. Mayor, Tim Barker, closed the Public Hearing at 7: 04 p. m. City of Wharton City Council Regular Meeting Minutes- October 23, 2023 Page 2 of 14 Review and Consider: The first item on the agenda was to review and consider a resolution of the City of Wharton, Texas authorizing and creating the Wharton Public Improvement District No. 2 in accordance with Chapter 372 of the Texas Local Government Code; resolving other matters incident and related thereto;and providing an effective date. Finance Director, Joan Andel, presented a copy of a resolution creating the Wharton Public Improvement District No. 2 from Mr. Brian Jarrard of Holcomb Properties. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2023- 88, which read as follows: CITY OF WHARTON, TEXAS RESOLUTION NO. 2023- 88 A RESOLUTION OF THE CITY OF WHARTON, TEXAS AUTHORIZING AND CREATING THE WHARTON PUBLIC IMPROVEMENT DISTRICT NO. 2 IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Wharton, Texas ( the" City"), is authorized under Chapter 372 of the Texas Local Government Code, amended( the" Act"), to create a public improvement district as within its limits its City or extraterritorial jurisdiction(" ETJ"); and WHEREAS, on October 5, 2023, the owners of( 1) taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located and ( 2) real property liable for assessment under the proposal who: ( A) constitute more than 50 percent of all record owners of property roe rt3' that is liable for assessment under the P P proposal; or B own taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal( collectively, the" Petitioners"), submitted and filed with the City Secretary petition (" Petition") a requesting the establishment of a public improvement district for property within the ETJ of the City; and WHEREAS, the Petition requested the creation of the Wharton Public Improvement District No. 2 ( the " District"), which District is located within the ETJ of the City and is more particularly described by metes and bounds in Exhibit A and depicted in Exhibit B ( the Property") each attached hereto and incorporated herein for all purposes; and WHEREAS, City Council of the City ( the " City Council") the has investigated and determined that the facts contained in the Petition are true and correct; and WHEREAS, after publishing notice in the Wharton Journal- Spectator ran official newspaper of general circulation in the City and in the part of the ETJ of the City in which the district is to be located or in which the improvements are the be undertaken, and mailing notice of the hearing, all as required by and in conformity with the Act, the City Council, conducted a public hearing on the advisability of the improvements and services on October 23, 2023; and City of Wharton City Council Regular Meeting Minutes- October 23, 2023 Page 3 of 14 WHEREAS, the City Council closed the public hearing on the advisability of the improvements and services on October 23, 2023. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS AS FOLLOWS: SECTION 1. The findings set forth in the recitals of this Resolution are found to be true and correct. SECTION 2. The Petition submitted to the City by the Petitioners was filed with the City Secretary and complies with Section 372. 005 of the Act. SECTION 3. Pursuant to the requirements of the Act, including, without limitation, Sections 372. 006, 372. 009( a), 372. 009( b), and 372. 010, the City Council, after considering the Petition and the evidence and testimony presented at the public hearing on October 23, 2023, hereby finds and declares: a) Advisability of the Proposed Improvements. It is advisable to create the District to provide the Authorized Improvements ( as defined and described below). The Authorized Improvements are feasible and desirable and will promote the interests of the City and will confer a special benefit on the Property. b) General Nature of the Authorized Improvements. The general nature of the proposed public improvements to be provided by the District that are necessary for the development of the property within the District and which shall promote the interests of the City and confer a special benefit upon the property, may include: ( i) design, construction and other allowed costs related to street and roadway improvements, including related drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right- of-way;( ii) design, construction and other allowed costs related to storm drainage improvements, ( iii) design, construction and other allowed costs related to water, wastewater and drainage ( including detention) improvements and facilities, ( iv) design, construction and other allowed costs related to parks, open space and recreational improvements including trails and landscaping related thereto; ( v) design, construction and other allowed costs related to projects similar to those listed in sections ( i) — ( iv) above authorized by the Act, including similar of-site projects that provide a benefit to the property within the District; ( vi) payment of expenses incurred in the establishment, administration, and operation; and vii) payment of expenses associated with financing such public improvement projects, which may include but are not limited to, costs associated with the issuance and sale of revenue bonds secured by assessments levied against the Property within the District and ( viii) maintenance and operation expenses of the Authorized Improvements collectively, the" Authorized Improvements"). c) Estimated Costs of the Authorized Improvements. The estimated total costs of the Authorized Improvements is $ 15, 000, 000, which costs shall be paid by assessment of the property owners within the proposed District. qq City of Wharton City Council Regular Meeting Minutes- October 23, 2023 Page 4 of 14 d) Boundaries of the District. The District is proposed to include approximately 55. 2061 acres of property generally located south of state highway 60, east of FM 1299 and near the intersection of state highway 60 and FM 1299 and within the ETJ of the City, as more particularly described in the metes and bounds described in Exhibit A attached hereto and as more particularly depicted in Exhibit B attached hereto. e) Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. Each assessment may be paid in part or in full at any time including interest), and certain assessments may be paid in annual installments including interest). If the City allows an assessment to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment and must continue for a period necessary to retire the indebtedness on those Authorized Improvements ( including interest). Apportionment PP of Costs. The City tY will not be obligated g to P provide an Y funding to finance the Authorized Improvements, other than from assessments levied in the District. No City property in the District shall be assessed. The Petitioners of the property may fund certain costs of the Authorized Improvements from other funds available to the Petitioners. g) Management of the District. The District shall be managed by the City, with the assistance of a consultant, who shall, from time to time, advise the City regarding certain operations of the District. h) Advisory Board. The District shall be managed without the creation of an advisory body. SECTION 4. The Wharton Public Improvement District No. 2 is hereby authorized and created as a public improvement district under the Act in accordance with the findings of the City Council as to the advisability of the Authorized Improvements contained in this Resolution, the nature and the estimated costs of the Authorized Improvements, the boundaries of the District, the method of assessment, and the apportionment of costs as described herein; and the conclusion that the District is needed to fund such Authorized Improvements. SECTION 5. The City Council hereby authorizes and directs the City Secretary, on or before October 30, 2023, in accordance with the Act, to file a copy of this Resolution authorizing the District with the county clerk of each county in which all or part of the public improvement district is located. SECTION 6. Effective upon the date of the passage of this Resolution, the District shall be established. SECTION 7. This Resolution is effectively immediately from and after the date of its passage in accordance with law. City of Wharton City Council Regular Meeting Minutes- October 23, 2023 Page 5 of 14 ADOPTED, PASSED, AND APPROVED on this the 23rd day of October 2023. CITY OF WHARTON, TEXAS Tim Barker Mayor ATTEST: Paula Favors City Secretary Councilmember, Don Mueller, seconded the motion. All voted in favor. The second item on the agenda was to review and consider the City of Wharton Financial Report for September 2023. City of Wharton Finance Director, Joan Andel, presented the City of Wharton Financial Report for September 2023. After some discussion, Councilmember, Russell Machann, moved to approve the City of Wharton Financial Report for September 2023. Councilmember, Terry Freese, seconded the motion. All voted in favor. The third item on the agenda was to review and consider a request from Mr. Gregory Brinkley to address the City Council regarding City of Wharton Property Liens. City Manager, Joseph R. Pace, presented a copy of a request from Mr. Brinkley to address the Council regarding City of Wharton Property Liens. Mr. Brinkley addressed the City Council requesting the property liens be dissolved. City Secretary, Paula Favors, stated that City Attorney, Paul Webb, was researching the request and would contact Mr. Brinkley. After some discussion, no action was taken. The fourth item on the agenda was to review and consider a presentation from Ms. Amy Morales with Kapeesh Marketing, LLC regarding the ongoing branding project. Ms. Morales gave a presentation regarding the ongoing branding project. After some discussion, no action was taken. The fifth item on the agenda was to review and consider a resolution of the Wharton City Council amending the Wharton Police Department Policy Manual and authorizing the Mayor of the City of Wharton to execute all documents Police Chief, Terry David Lynch, related to said policy. stated the Wharton Police Department had rewritten the Department Policy Manual to reflect" Best Practices" policies defined by the Texas Police Chiefs Association. Chief Lynch said that they were vetted policies that covered every operational aspect of the Wharton Police Department. He said that it was a " living" manual, and the Police Department could expect to adjust the policies as needed to meet requirements in the future. Assistant City Attorney Amy Rod reviewed and City of Wharton City Council Regular Meeting Minutes- October 23, 2023 Page 6 of 14 approved the amended Policy Manual. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2023- 89, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 89 A RESOLUTION OF THE WHARTON CITY COUNCIL AMENDING THE WHARTON POLICE DEPARTMENT POLICY MANUAL AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID POLICY. WHEREAS, The Wharton Police Department Policy Manual has been rewritten to reflect" Best Practices" policies defined by the Texas Police Chiefs Association; and, WHEREAS, These policies are vetted policies that cover every operational aspect of the Wharton Police Department; and, WHEREAS, The Wharton City Council wishes to amend the Wharton Police Department Policy Manual. 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 the amendment to the Wharton Police Department Policy Manual. Section. II. That the Wharton City Council hereby authorizes the Chief of Police to enforce the policies and procedures as set forth in the policy. Section IIL. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this the 23rd day of October 2023. CITY OF WHARTON By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary City of Wharton City Council Regular Meeting Minutes- October 23, 2023 Page 7 of 14 Councilmember, Don Mueller, 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 rescinding Resolution 2023- 26 and approving the purchase change of a remount and chassis, from Mac Haik to M & L Chrysler Dodge Jeep and authorizing the Mayor of the City of Wharton to execute any and all documents related to said purchases. EMS Director, Christy Gonzales, stated that on April 10, 2023, the City Council approved the purchase of a 2024 RAM 4500 Diesel through Mac Haik Dodge Chrysler Jeep. EMS Director Gonzales said that the chassis was on back order in the State of Texas, however, M & L Chrysler Jeep Dodge Ram located in Lexington, North Carolina had a 2024 RAM 4500 Chassis on the lot, ready for sale and the M& L dealership was$ 14, 320. 00 less than Mac Haik. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2023- 90, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 90 A RESOLUTION OF THE WHARTON CITY COUNCIL RESCINDING RESOLUTION 2023- 26 AND APPROVING THE PURCHASE CHANGE OF A REMOUNT AND CHASSIS, FROM MAC HAIK TO M & L CHRYSLER DODGE JEEP 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 rescind Resolution 2023- 26 and approve the purchase of a remount and chassis from M & L Chrysler Jeep Dodge, in the amount of$ 73, 430. 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 rescinds Resolution 2023- 26 and approves an agreement with M & L Chrysler Jeep Dodge, for the purchase of a remount and chassis in the amount of$ 73, 430. 00. Section H. That the Mayor of the City of Wharton is hereby authorized to execute any and all documents related to said purchase. Section III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 23rd day of October 2023. CITY OF WHARTON, TEXAS City of Wharton City Council Regular Meeting Minutes- October 23, 2023 Page 8 of 14 By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Larry Pittman, 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 approving a contract for engineering services for the SH 60 Waterline Extension from FM 1301 to Titus Car Wash Project and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. Planning and Development Director, Gwyn Teves, stated the City Staff had been working with the Titus Car Wash development and there was a need for upgraded infrastructure and cost effects due to the crossing of Richmond Rd., which required TxDOT permits and coordination. Mrs. Teves said Titus and the City had requested assistance from the Wharton Economic Development Corporation which had approved assisting in infrastructure improvement reimbursements to upgrade to a 12" from an 8" water main, remove the line from under the highway, and connect to the development. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2032- 91, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 91 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A CONTRACT FOR ENGINEERING SERVICES FOR THE SH 60 WATERLINE EXTENSION FROM FM 1301 TO TITUS CAR WASH 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 Quiddity Engineering for Engineering Services for the SH 60 Waterline Extension from FM 1301 to Titus Car Wash Project; and, WHEREAS, The City of Wharton and Quiddity 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: 1 City of Wharton City Council Regular Meeting Minutes- October 23, 2023 Page 9 of 14 Section I. The Wharton City Council hereby approves a contract between the City of Wharton and Quiddity Engineering for Engineering Services for the SH 60 Waterline Extension from FM 1301 to Titus Car Wash 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 Quiddity are hereby bound by the conditions as set forth in the agreement. Section IV. That this resolution shall become effective immediately upon its passage. d Passed, Approved, and Adopted this the 23` day of October 2023. CITY OF WHARTON By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Steve Schneider, seconded the motion. All voted in favor. The eighth item on the agenda was to review and consider a resolution of the Wharton City Council ratifying and approving Change Order No. 14 for the offset to final connection to the well- head with E- Contractors for the Wharton Well and Water Plant Project and authorizing the Mayor to execute all documents related to said change order. Director of Planning & Development Gwyn Teves presented a copy of the Wharton Well & Water Plant— Contract# 1 ( Water Well), Change Order No. 14 from E- Contractors for the Offset to Final Connection to the Well-Head, and the response that had been sent to the contractors. Mrs. Teves stated that the Change Order was discussed with the Mayor and Mr. Webb and to prevent any additional delays in the project both agreed to approve the Change Order and submit it to the Council for ratification and approval. She said the connection was due to an offset of the pipes completed by separate contractors and was critical to the completion of the project. Mrs. Teves stated that if not approved and installed the delay could cause additional costs by potential recleaning of the well, remobilization of Weisinger, and continued charges from the delayed rework on the Valhalla Well Rework. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2023- 92, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 92 City of Wharton City Council Regular Meeting Minutes- October 23, 2023 Page 10 of 14 A RESOLUTION OF THE WHARTON CITY COUNCIL RATIFYING AND APPROVING CHANGE ORDER NO. 14 FOR THE OFFSET TO FINAL CONNECTION TO THE WELL- HEAD WITH & CONTRACTORS 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 ratify and approve Change Order No. 14 for the offset to final connection to the well- head with E- Contractors for the Wharton Well and Water Plant Project; and, WHEREAS, The Wharton City Council approves the Change Order No. 14 in the amount of 12, 818. 91; 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 ratifies and authorizes Change Order No. 14 for the offset to final connection to the well- head with E- Contractors for the Wharton Well and Water Plant Project in the amount of$ 12, 818. 91. 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 23` d day of October 2023. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary City of Wharton City Council Regular Meeting Minutes- October 23, 2023 Page 11 of 14 Councilmember, Terry Freese, seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider Pay Request No. 6 from C3 Constructors for the WWTP # 1 Coarse Screen Project. Director of Planning & Development, Gwyn Teves, presented Pay Request No. 6 from C3 Constructors for the WWTP # 1 Coarse Screen Project in the amount of $ 33, 844. 13. After some discussion, Councilmember, Terry Freese, moved to approve Pay Request No. 6 from C3 Constructors for the WWTP # 1 Coarse Screen Project the amount of$ 33, 844. 13. Councilmember, Burnell Neal, seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider Pay Request No. 7 and 7a from Weisinger Inc. for the Wharton Well and Water Plant Contract No. 2 — Well Construction. Director of Planning & Development, Gwyn Teves, stated the City Council awarded a contract for construction to Weisinger Inc. for the Wharton Well and Water Plant Contract No. 2 — Well Construction. Mrs. Teves said Pay Estimates No. 7 & 7a had been sent and a recommendation for payment by the engineer was Pay Estimate No. 7 was in the amount of $99, 691. 54 and Pay Estimate 7a was in the amount of$ 72, 335. 11. After some discussion, Councilmember, Terry Freese, moved to approve Pay Request No. 7 and 7a from Weisinger Inc. for the Wharton Well and Water Plant Contract No. 2— Well Construction in the amount of$99, 691. 54 and$ 72, 335. 11, respectively. Councilmember, Don Mueller, 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 approving Change Order No. 1, for additional contract time with CF McDonald, Inc., for the Wharton Water Plants and WWTP # 2 Generator Addition HMGP 4332- 0105 Project and authorizing the Mayor to execute all documents related to said Change Order. Director of Planning Development, Gwyn Teves, presented a copy of the Wharton Water Plants and WWTP No. 2 Generator Addition HMGP 4332- 0105 Project, Change Order No. 1 from CF McDonald, Inc. for additional time to the contract in the amount of 75 calendar days. Mrs. Teves stated the extension was being requested due to delays in material shipments from the factory. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2023- 93, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 93 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING CHANGE ORDER NO. 1, FOR ADDITIONAL CONTRACT TIME WITH CF MCDONALD, INC., FOR THE WHARTON WATER PLANTS AND WWTP #2 GENERATOR ADDITION HMGP 4332- 0105 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, for additional contract time with CF McDonald, Inc., for the Wharton Water Plants and WWTP# 2 Generator Addition HMGP 4332- 0105 Project; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor to execute all documents related to the change order. City of Wharton City Council Regular Meeting Minutes- October 23, 2023 Page 12 of 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby authorizes Change Order No. 1, for 75 additional days to the contract with CF McDonald, Inc., for the Wharton Water Plants and WWTP# 2 Generator Addition HMGP 4332- 0105 Project. Section II. 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. d Passed, Approved, and Adopted this 23` day of October 2023. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Larry Pittman, seconded the motion. All voted in favor. The twelfth item on the agenda was to review and consider Pay Request No. 7 from CF McDonald Electric, Inc. for the Texas HMGP Project DR- 4332- 0105 COW Critical Facility Generators. The City Council awarded a contract for construction to CF McDonald Electric, Inc. for the Texas HMGP Project DR- 4332- 0105 COW Critical Facility Generators Project. Director of Planning & Development, Gwyn Teves, stated Pay Estimate No. 7 had been sent and a recommendation for payment by the engineer was in the amount of $28, 035. 00. After some discussion, Councilmember, Terry Freese, moved to approve Pay Request No. 7 from CF McDonald Electric, Inc. for the Texas HMGP Project DR-4332- 0105 COW Critical Facility Generators in the amount of$ 28, 035. 00. Councilmember, Larry Pittman, seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider an update of the City of Wharton Grant Programs. After some discussion, no action was taken. The fourteenth item on the agenda was to review and consider an update of the City of Wharton on- going projects. After some discussion, no action was taken. City of Wharton City Council Regular Meeting Minutes- October 23, 2023 Page 13 of 14 The fifteenth 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, no action was taken. The sixteenth item on the agenda was to review and consider the City Council Boards, Commissions, and Committee Reports: A. Finance Committee meeting held October 9, 2023. After some discussion, no action was taken. The seventeenth item on the agenda was to review and consider Department Head Reports: A. City Secretary/ Personnel. B. Code Enforcement. C. Community Services Department/ Civic Center. D. Emergency Management. E. E. M. S. Department. F. Fire Department. G. Fire Marshal. H. Legal Department. I. Municipal Court. J. Police Department. K. Public Works Department. L. Water/ Sewer Department. M. Weedy Lots/ Sign Ordinance. N. Wharton Regional Airport. After some discussion, no action was taken. There being no further discussion, Councilmember, Don Mueller, moved to adjourn. Councilmember, Larry Pittman, seconded the motion. All voted in favor. The meeting adjourned at 7: 35 p. m. CITY OF WHARTON, TEXAS City of Wharton City Council Regular Meeting Minutes- October 23, 2023 Page 14 of 14 By: C1 -/ Jew& TIM BARKER Mayor ATTEST: P U A FAVOR Cify Secretary

Agenda

CITY OF WHARTON CITY COUNCIL REGULAR MEETING Monday, October 23, 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 23, 2023, at 7:00 PM 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 19th 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 19, 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 19th day of October 2023. CITY OF WHARTON By: Paula Favors City Secretary AGENDA CITY OF WHARTON City Council Regular Meeting Monday, October 23, 2023 City Hall - 7:00 PM Call to Order –Opening Devotion –Pledge of Allegiance. Roll Call and Excused Absences. Public Comments. Wharton Moment. Public Hearing 1. Public Hearing: Creation of Public Improvement District (PID). Review and Consider: 1. Resolution: A resolution of the City of Wharton, Texas authorizing and creating the Wharton Public Improvement District No. 2 in accordance with Chapter 372 of the Texas Local Government Code; resolving other matters incident and related thereto; and providing an effective date. 2. City of Wharton Financial Report for September 2023. 3. Request from Mr. Gregory Brinkley to address the City Council regarding City of Wharton Property Liens. 4. Presentation from Ms. Amy Morales with Kapeesh Marketing, LLC regarding the ongoing branding project. 5. Resolution: A resolution of the Wharton City Council amending the Wharton Police Department Policy Manual and authorizing the Mayor of the City of Wharton to execute all documents related to said policy. 6. Resolution: A resolution of the Wharton City Council rescinding Resolution 2023-26 and approving the purchase change of a remount and chassis, from Mac Haik to M & L Chrysler Dodge Jeep and authorizing the Mayor of the City of Wharton to execute any and all documents related to said purchases. 7. Resolution: A resolution of the Wharton City Council approving a contract for engineering services for the SH 60 Waterline Extension from FM 1301 to Titus Car Wash Project and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. 8. Resolution: A resolution of the Wharton City Council ratifying and approving Change Order No. 14 for the offset to final connection to the well-head with E-Contractors for the Wharton Well and Water Plant Project and authorizing the Mayor to execute all documents related to said change order. 9. Pay Request No. 6 from C3 Constructors for the WWTP #1 Coarse Screen Project. 10. Pay Request No. 7 and 7a from Weisinger Inc. for the Wharton Well and Water Plant Contract No. 2 – Well Construction. 11. Resolution: A resolution of the Wharton City Council approving Change Order No. 1, for additional contract time with CF McDonald, Inc., for the Wharton Water Plants and WWTP #2 Generator Addition HMGP 4332-0105 Project and authorizing the Mayor to execute all documents related to said Change Order. 12. Pay Request No. 7 from CF McDonald Electric, Inc. for the Texas HMGP Project DR-4332- 0105 COW Critical Facility Generators. 13. Update of City of Wharton Grant Programs. 14. Update of City of Wharton on-going projects. 15. Appointments, Resignations, and Vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. B. Appointments. C. Vacancies. 16. City Council Boards, Commissions, and Committee Reports: A. Finance Committee meeting held October 9, 2023. 17. Department Head Reports: A. City Secretary/Personnel. B. Code Enforcement. C. Community Services Department/Civic Center. D. Emergency Management. E. E. M. S. Department. F. Fire Department. G. Fire Marshal. H. Legal Department. I. Municipal Court. J. Police Department. K. Public Works Department. L. Water/Sewer Department. M. Weedy Lots/Sign Ordinance. N. Wharton Regional Airport. Adjournment.

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