V  WALLER E XA The City of Waller Texas  STATE OF TEXAS CITY OF WALLER  COUNTIES OF WALLER AND HARRIS  BE IT REMEMBERED THAT ON THIS THE 2nd of May 2024 at 5:00 p.m. the City Council of the City of Waller, Texas met for a Special Meeting at 12181 Farr Street with the following present:  Mayor Danny Marburger Mayor Pro-Tem Dwayne. Hajek Councilmember Nancy Arnold Councilmember Don Hart Councilmember Sherri Swisher Councilmember Jason Tones  Staff:  Cynthia Ward, City Secretary Ryan Short, Finance Officer Michael Lopez, Police Chief Philip Boedeker, City. Attorney Travis Sellers, City Engineer  Mayor Marburger called the meeting to order at 5:00p.m.  PUBLIC HEARING  Mayor Marburger opened the public hearing at 5:01 p.m.  A public hearing will be held by and before the City Council of the City of Waller, Texas on the 2nd of May at 5:00 p.m. in the City Council Chambers of the Waller City Office of the City of Waller located at 1218 Farr Street, Waller Texas 77484. The City of Waller, Texas proposes to institute annexation proceedings to enlarge and extend the boundary limits of said city to include  the following described territory, to wit:  A CERTAIN TRACT OF LANDI BEING 43.158 ACRES OF LAND BEING: 12.096 ACRES OFLAND SITUATED IN HARRIS. AND WALLER COUNTIES, TEXAS, PART OF THE. R. SCOTT SURVEY, A-258, WALLER COUNTY. AND A-754, HARRIS COUNTY, BEINGA Al PORTION OFTHE SAMEI LAND! DESCRIBED. AS 106.63. ACRES IN AJ DEED FORMLINA MAYER' TOJOHN HENRY MAYER, DATED. JULY 27, 1973, RECORDED IN VOLUME 244, PAGE 152, DEEDI RECORDS OF WALLER COUNTY, TEXAS, AND IN HARRIS COUNTY CLERK'S. FILEI NUMBER D-940726, OF THE OFFICIAL RECORDS OF REALI PROPERTY OF HARRIS COUNTY, TEXAS (H.C.C.F. #D- 940726), SAID2.096. ACRES! BEING Al PORTION OF THE: SAME LAND CALLED: 5.76 ACRES! IN A DEED FORM JOHN HENRY MAYER, ET UX TO RONALD W. MAYER AND WILLIAM A. MAYER, TRUSTEES, DATED FEBRUARY 20, 1990, RECORDED IN VOLUME 439, PAGE 865, DEED RECORDS OF WALLER COUNTY, TEXAS, AND BEING A PORTION OF THE SAME LAND CALLED 14.14 ACRES IN A DEED FROM JOHN HENRY MAYER, ET UX TO SHARON SUE HILL, DATED MARCH 26, 1982, RECORDED IN HARRIS COUNTY CLERK'S FILE NUMBERI #9867,OFTHEOFFEOFTICIALRECORDS OFI REALPROPERTY OF HARRISCOUNTY, TEXAS; ANDI BEING31.561 ACRES OF) LAND BEING: SITUATED INI HARRIS COUNTY, TEXAS, PARTOFTHER.SCOITSURVEY,A-754,HARRIS COUNTY, BEING. AJ PORTION OFTHESAME LANDCALLED 14.05 ACRES ANDI DESCRIBED INI DEEDI FROMJOHN: HENRY MAYER, ETUX  Minutes 5/2/2024  Page!!    TO GLORIA FOLTIN, DATED MARCH 26, 1982, RECORDED IN HARRIS COUNTY CLERK'S FILEI NUMBER H-390505, FILM CODE NUMBER 01097-1837, OF THE OFFICLA RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS, BEING A PORTION OF THE SAME LAND DISCKIEDASIBIBACAES INAJ DEED FROMJOHN! HENRYMAYER. ANDI ELVERNA MAYER TO WILLIAM ALLEN MAYER, DATED MARCH 26, 1982, RECORDED IN HARRIS COUNTY CLERK'S FILE NUMBER H-390496, FILE CODE NUMBER 01097-1800, OF THE OFFICIAL RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS, BEING A PORTION OF THE SAMELAND CALLED 14.14ACRES. AND) DESCRIBED INI DEED FROM. JOHN HENRY MAYER, ET UX TO SHARON SUE HILL, DATED MARCH 26, 1982, RECORDED IN HARRIS COUNTY CLERK'S FILE NUMBER H-398673, FILM CODE NUMBER 01188-0021 OF THE OFFICIAL RECORDS OF REAL. PROPERTY OF HARRIS COUNTY, TEXAS, AND BEING Al PORTION OF THE SAME LANDI DESCRIBED AS 13.62 ACRES IN A DEED FROM. JOHN HENRY MAYER, ET UX TOI RONALD WAYNE MAYER, DATED. MARCH: 26, 1982, RECORDED IN HARRIS COUNTY CLERK'S FILE NUMBER H-390497, FILM CODE NUMBER 01097-1805, OF THE OFFICIAL  RECORDS OF REAL PROPERTY OFI HARRIS COUNTY,TEXAS.  CLOSE PUBLIC HEARING  With no, public comments, Mayor Marburger closed the public hearing at 5:05 p.m.  SPECIAL SESSION following:  1. Discussion and possible action regarding Ordinance #627 to approve an annexation of the  A CERTAIN TRACT OF LAND BEING 43.158 ACRES OF LAND BEING: 12.096 ACRES OFI LAND: SITUATED INI HARRIS. AND WALLER COUNTIES, TEXAS, PART OF THE R. SCOTT SURVEY, A-258, WALLER COUNTY. AND A-754, HARRIS COUNTY, BEING Al PORTION OFTHE SAMEI LANDI DESCRIBED. AS 106.63 ACRES IN Al DEEDI FORM LINAI MAYER' TO JOHNI HENRY MAYER, DATED JULY 27, 1973, RECORDED IN VOLUME 244, PAGE 152, DEED RECORDS OF WALLER COUNTY, TEXAS, ANDI INI HARRIS COUNTY CLERK'S. FILEI NUMBER D-940726, OF THE OFFICIAL RECORDS OF) REALI PROPERTY OF HARRIS COUNTY, TEXAS (H.C.C.E. #D- 940726,SAID2.096, ACRES) BEING. Al PORTION OFTHES SAMEI LAND CALLED: 5.76 ACRES INA DEED FORM JOHN HENRY MAYER, ET UX TO RONALD W. MAYER AND WILLIAM A. MAYER, TRUSTEES, DATED FEBRUARY 20, 1990, RECORDED IN VOLUME 439, PAGE 865, DEED RECORDS OF WALLER COUNTY, TEXAS, AND BEING A PORTION OF THE SAME LAND CALLED 14.14 ACRES IN A DEED FROM JOHN HENRY MAYER, ET UXTO SHARON SUE HILL, DATED MARCH 26, 1982, RECORDED IN HARRIS COUNTY CLERK'S FILE NUMBER: H-398673, OFT THEOPFICALRECORDS OF REALI PROPERTY OF HARRIS COUNTY, TEXAS; AND) BEING. 31.561 ACRES OF LAND BEING SITUATED INI HARRIS COUNTY, TEXAS, PART OFTHEI R. SCOTTSURVEY, A-754, HARRIS COUNTY, BEINGAI PORTION OFTHESAME LAND CALLED 14.05. ACRES AND) DESCRIBED INI DEEDI FROMJOHN HENRY MAYER, ETUX TO GLORIA FOLTIN, DATED MARCH 26, 1982, RECORDED IN HARRIS COUNTY CLERK'S FILE NUMBER H-390505, FILM CODE NUMBER 01097-1837, OF THE OFFICLA RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS, BEING A PORTION OF THE SAME LAND DESCRIBED. ASI 13.78A ACRESI INAI DEED FROMJ JOHNI HENRYMAYER. ANDI ELVERNA MAYER TO WILLIAM ALLEN MAYER, DATED MARCH 26, 1982, RECORDED IN HARRIS COUNTY CLERK'S FILE NUMBER H-390496, FILE CODE NUMBER 01097-1800, OF THE OFFICIAL RECORDS OF REAL. PROPERTY OF HARRIS COUNTY, TEXAS, BEING A PORTION OF THE SAME LAND CALLED 14.14ACRES, ANDI DESCRIBED IN DEED FROM JOHNI HENRY MAYER, ETI UX TO SHARON SUE HILL, DATED MARCH 26, 1982, RECORDED IN HARRIS COUNTY CLERK'S FILE NUMBER H-398673, FILM CODE NUMBER 01188-0021 OF THE OFFICIAL RECORDS OF REAL PROPERTY OFI HARRIS COUNTY, TEXAS, AND BEING A PORTION OF THE SAMEI LANDI DESCRIBED. AS 13.62 ACRES IN A DEED FROM JOHN HENRY MAYER, ET UXTO RONALD WAYNEI MAYER, DATED! MARCH 26, 1982, RECORDED. IN HARRIS COUNTY CLERK'S FILE NUMBER H-390497, FILM CODE NUMBER 01097-1805, OF THE OFFICIAL  RECORDS OF) REALPROPERTY OF] HARRIS COUNTY,TEXAS.  Minutes 5/2/2024  Pagel 12    City Attorney, Philip Boedeker addressed Council regarding Ordinance #627 and indicated there is a clerical error on the acreage that needs to be corrected. Ordinance will indicate 43.657 Mayor Pro-Tem Hajek motioned to approve. Councilmember Hart seconded the motion.  acres and includes a service plan.  Motion passed.  2. Discussion and possible action regarding Ordinance #628 to approve entering into a Chapter  212 Development Agreement for the following:  THE CITY OF WALLER, TEXAS, ENTERING INTO A CHAPTER 212 DEVELOPMENT AGREEMENTBETWETVEENTHECITYOFWALLER,TEXASAND6WALIERLILGTHEOWNER OF A 96.41 OF AN ACRE TRACT OF LAND SITUATED IN THE THOMAS BELL SURVEY, ABSTRACTNO. 79, WALLER COUNTY, TEXAS; ANNEXINCTHATSAME TRACT UNDERT THE Councilmember Arnold motioned to approve, Mayor Pro-Tem Hajek seconded the motion.  TERMS OF THE. AGREEMENT; ANDI PROVIDING FOR SEVERABILITY.  Motion passed.  3. Discussion and possible action regarding Ordinance #629 to approve entering into a Chapter  212 Development Agreement for the following:  THE CITY OF WALLER, TEXAS, ENTERING INTO A CHAPTER 212 DEVELOPMENT AGREEMENT BETWEENTHE CITY OF WALLER, TEXAS, CORNER GREEN,LIGANDMUSE: FARMS,LLC, THE OWNERS OF A 41.13 ACRETRACT OFI LANDI LOCATED IN THE GEORGE A. DENNETT SURVEY, ABSTRACT NUMBER 124, WALLER COUNTY, TEXAS; ANNEXING THAT SAME TRACT UNDER THE TERMS OF THE AGREEMENT; AND PROVIDING FOR Councilmember Hart motioned to approve. Councilmember Tones seconded the motion.  SEVERABILITY. Motion passed.  4. Discussion and possible action regarding Ordinance #630 to approve entering into a Chapter  212 Development Agreement for the following:  THE CITY OF WALLER, TEXAS, ENTERING INTO A CHAPTER 212 DEVELOPMENT AGREEMENTI BETWEEN THECITYOFWALLER,TEXAS, PETER: S.TERPSTRA. ANDI RAMSEY LEASING,. INC,THE OWNERSOFA441.0410DSACRETRACTOFLANDLOCATEDINTHEHARRIS COUNTYSCHOOLSURVA,ABSTRACTNUNBER3TARNS COUNTY,TEXAS;, ANNEXING THAT SAME TRACT UNDER THE TERMS or THE AGREEMENT; AND PROVIDING FOR City Attorney Phil Boedeker addressed Council indicating a change was made to the owner's information and will only show Peter Terpstra as owner on the 212 Development Agreement for Mayor Pro-Tem Hajek motioned to approve Ordinance #630 entering into a Chapter 212 Development agreement with the. sole owner being Peter Terpstra and Ramsey Leasing being removed. The amount ofacreage indicates 441.0425. and will be corrected to 441.0525 acres.  SEVERABILITY.  the 441.0525 acres.  Councilmember. Arnolds seconded. the motion. Motion passed.  Minutes 5/2/2024  Page!3    EXECUTIVE SESSION  Mayor Marburger convened. into executive. session at 5:18 p.m.  5. Pursuant to Chapter 551 of the Texas Government Code, the City Council will convene in Executive Session pursuant of Section 551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer Public Works  Director.  RECONVENE IN OPEN SESSION  Mayor Marburger reconvened into open session at 5:35 p..  6. Discussion and possible action regarding matters discussed in Executive Session. Councilmember Arnold motioned to approve the resignation of Markus Benoit, Public Works Director effective May 3rd, 2024. Mayor Pro-Tem Hajek seconded the Motion. Mayor Pro-Tem Hajek motioned to approve Cynthia Ward, City Secretary to start the process to obtain an Interim Public Works. Director. Councilmember Hartseconded. the  Motion passed.  motion. Motion passed.  ADJOURNMENT  With noj further business, Mayor Marburger adjourned at. 5:36) p.m.  APPROVED BY:  D Melug Danny Marburger, Mayor  ATTEST:  OF WAL  Cshc Cynthia Ward, City Secretary  Minutes 5/2/2024  Page/4    WALLER  DECLARATION OF DISASTER  WHEREAS, the City of Waller, Waller and Harris Counties, Texas on or about the 16th day of May 2024 has suffered or anticipates suffering widespread or severe damage, injury, or loss of] life or property resulting from severe storm and high winds,  and  WHEREAS, the Mayor of the City of Waller, Waller and Harris Counties, Texas has determined that extraordinary measures must be taken to alleviate the suffering of people and to protect or rehabilitate property; now, therefore,  BE IT DECLARED BY THE CITY COUNCIL OF THE CITY OF Section 1. That al local state of disaster is hereby declared in the City ofWaller, Waller and Harris Counties, Texas pursuant to $418.108(a) of the Texas Government  WALLER, TEXAS  Code.  Section 2. Pursuant to $418.108(b) of the Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration unless continued or renewed by the City Council of the City of Waller,  Waller and Harris Counties, Texas.  Section 3. Pursuant to $418.108(c) oft the Government Code, this declaration ofa local state of disaster shall be given prompt and general publicity and shall be filed  promptly with the City Secretary.    Section 4. Pursuant to $418.108(d) ofthe Government Code, this declaration of a local state of disaster activates the City of Waller, Waller County, Texas  emergency management plan.  Section 5. That this declaration shall take effect immediately from and after  its issuance.  ORDERED this the 20th day of May 2024. CITY OF WALLER, TEXAS e afe  ATTEST:  OF. WAL  193hel Cynthia Ward, City Secretary  SECRE  2    TEMPORARY CURFEW ORDER  WHEREAS, on1 May 20, 2024, I, Danny Marburger, the Mayor of the City of Waller, Waller County, Texas (the "City"), exercised my authority under Section 418.108 of the Texas  Government Code to declare al local state of disaster for the City; and  WHEREAS, the imposition of a temporary curfew is necessary to protect public health and safety and to protect property from damage or destruction during this state ofl local disaster; FOR THE REASONS STATED IHEREBY ORDER AS FOLLOWS: Section 1.) Its shall be unlawful for any person to remain on, ort travel upon, any public street, road, sidewalk or other public property in the City of Waller between the hours of 12:00 a.m. and  6:00 a.m. during the duration ofthis order.  Section 2. The restrictions contained in section 1, above, shall not apply toj police officers, fire fighters or any other persons authorized by local, state or federal governmental officials to  assist in protecting public health and safety.  Section 3. Ihereby authorize the Waller Police Department to enforce this order. Section 4. The regulations contained in this order shall remain in effect from May 20, Section 5. Ihereby direct City stafft to take steps to notify the public of this order and see that it is given prompt and general publicity and to see that the City Secretary promptly files the  2024 until May 24, 2024, or until further action by me, whichever occurs first.  original of this Order in the City's official records.  ORDERED this the 20th day of May 2024 CITY OF WALLER, TEXAS SEr  Danny Marburger,  ATTEST:  OF. A  4 Cynthia Ward, City Secretary  ECRE