Muyni
← Back to Wharton

City Council Regular Meeting

Regular Meeting

Wharton, TX · August 26, 2024

AgendaPacketMinutes

Minutes

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING AUGUST 26, 2024 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; Russell Machann; Burnell Neal; Steve Schneider; Larry Pittman, and David Voulgaris. Councilmember absent was: None. Staff members present were: City Manager, Joseph R. Pace; Assistant City Attorney, Amy Rod; Finance Director, Joan Andel; City Secretary, Paula Favors, TRMC, CPM, MMC; Director of Planning and Development, Gwyn Teves, CPM; Assistant to the City Manager, Brandi Jimenez; Building Official, Claudia Velasquez; Police Chief, Terry David Lynch; Public Works Director, Roderick Semien; EMS Director, Christy Gonzales, and Emergency Management Coordinator, Lt. Ben Guanajuato. Visitors present were: Wharton Chamber of Commerce Executive Director, Karen Smith; James Perez; Mindi Synder; Walter Garrett; Gary Bonewald; Ryan Salazar; Richard Lockley; Sara Lockley, and Colby Primeaux with the Wharton Journal Spectator. Roll Call and Excused Absences. Public Comments. Mayor, Tim Barker, called for Public Comments. No comments were made. Wharton Moment. Mayor, Tim Barker, called for Wharton Moments. Police Chief, Terry David Lynch, congratulated the WTX Elite Girls Softball team on their victory gaining first place in the 14U select tournament. Review and Consider: The first item on the agenda was to review and consider the City of Wharton Financial Report for July 2024. Finance Director, Joan Andel, presented the City of Wharton Financial Report for July 2024. After some discussion, Councilmember, Russell Machann, moved to approve the City of City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 2 of 29 Wharton Financial Report for July 2024. Councilmember, Steve Schneider, seconded the motion. All voted in favor. The second item on the agenda was to review and consider the City Manager' s submission of the City of Wharton, Texas, Proposed Budget for the Fiscal Year October 1, 2024- September 30, 2025. Finance Director, Joan Andel, stated that on or about Friday, August 23, 2024, it was filed with City Secretary Paula Favors the City of Wharton Fiscal Year October 1, 2024, to September 30, 2025, Proposed Budget as required by State Law. Mrs. Andel said under separate cover, on Monday, August 26, 2024, the City Council received a copy of the Proposed City Budget as required by Article VI- Section 51 of the City' s Charter. After some discussion, no action was taken. The third item on the agenda was to review and consider setting a Public Hearing date for the City of Wharton, Texas, Proposed Budget for the Fiscal Year October 1, 2024- September 30, 2025. Finance Director, Joan Andel, stated that under Article VI, Section 53 of the City of Wharton Charter, the City Council shall set a time and place for a Public Hearing. Mrs. Andel said that if the City Council approved the date, the City Staff would publish the Notice of Public Hearing in the Wharton County Leader Journal on Wednesday, August 31, 2024. She recommended setting the Public Hearing for the September 09, 2024, Regular City Council Meeting to comply with Section 53 of the City Charter and State law. After some discussion, Councilmember, Russell Machann, moved to approve setting the Public Hearing for September 09, 2024, for the City of Wharton, Texas, Proposed Budget for the Fiscal Year October 1, 2024- September 30, 2025. Councilmember, David Voulgaris, seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a resolution of the Wharton City Council adopting a Proposed Property Tax Rate for the City of Wharton October 1, 2024- September 30, 2025, Fiscal Year Budget as required by state law. Finance Director, Joan Andel, presented a copy of the 2024 Tax Rate Calculation Worksheet, which was prepared listing the applicable tax rates to be used in setting the tax rate. Mrs. Andel said the State required the City Council to adopt a proposed rate and the City of Wharton' s Proposed Budget was based on the Voter- Approved Tax Rate of$ 0. 43964. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 20224- 78, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 78 A RESOLUTION OF THE WHARTON CITY COUNCIL ADOPTING A PROPOSED PROPERTY TAX RATE FOR THE CITY OF WHARTON OCTOBER 1, 2024- SEPTEMBER 30, 2025, FISCAL YEAR BUDGET AS REQUIRED BY STATE LAW. WHEREAS, The State of Texas Property Tax Code requires the City Council to approve a tax rate prior to setting a final tax rate; and, WHEREAS, The Wharton City Council wishes to adopt a proposed tax rate prior to setting City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 3 of 29 a final rate; and, WHEREAS, The City Manager of the City of Wharton has submitted to the City Council a Proposed Budget for the October 1, 2024- September 30, 2025, Fiscal Year. 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 wishes to adopt the proposed tax rate as follows: 1. Voter Approval Tax Rate- $ 0. 43964 Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 26th day of August 2024. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, David Voulgaris, seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider an ordinance amending the City of Wharton Code of Ordinances, Chapter 86, Sections 86- 15, 86- 16, 86- 17, and 86- 21, Utilities and Services, Article I in General; Providing that a violation of the ordinance or any part of the Code as adopted hereby shall constitute a penalty upon conviction of a fine; Providing a savings clause and revoking all ordinances or parts of ordinances in conflict herewith only to the extent same are in conflict herewith otherwise provided herein. Finance Director, Joan Andel, presented a copy of the memorandum dated August 20, 2024, regarding the proposed increase in utility rates for customers effective October 1, 2024. Mrs. Andel stated the Proposed Budget included a 10% increase in water and sewer rates. She said the Finance Committee met on Monday, August 26, 2024, and were recommending the City Council consider approving the request. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Ordinance No. 2024- 10, which read as follows: City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 4 of 29 CITY OF WHARTON ORDINANCE NO. 2024- 10 AN ORDINANCE AMENDING THE CITY OF WHARTON CODE OF ORDINANCES, CHAPTER 86, SECTIONS 86- 15, 86- 16, 86- 17, 86- 18 AND 86- 21, UTILITIES AND SERVICES, ARTICLE I IN GENERAL; PROVIDING THAT A VIOLATION OF THE ORDINANCE OR ANY PART OF THE CODE AS ADOPTED HEREBY SHALL CONSTITUTE A PENALTY UPON CONVICTION OF A FINE; PROVIDING A SAVINGS CLAUSE AND REVOKING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ONLY TO THE EXTENT SAME ARE IN CONFLICT HEREWITH OTHERWISE PROVIDED HEREIN. BE IT ORDAINED by the City Council of the City of Wharton, Texas that Chapter 86, Utilities and Services, Article I in General; Sections 86- 15, 86- 16, 86- 17, 86- 18, and 86- 21 be amended by the following: Section I. Amendment The Code of Ordinances of the City of Wharton, Texas, Chapter 86 Utilities and Services is hereby amended to be enforced by the City of Wharton as follows: Sec. 86- 15. - Water and sewer tap charges, deposits, administrative penalties and other charges. Water and sewer tap charges, deposits, administrative penalties, and other charges shall be as follows: 1) Water. Standard water tap fees for customers inside the city limits and outside the city limits are as follows: Size of Tap Cost of Service 3/ a. 4- inch T- off 417. 69 3/ b. 4- inch 835. 34 C. 1- inch 1, 097. 88+ cost of meter City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 5 of 29 d. 1'/ 2- inch 1, 646. 81+ cost of meter e. 2- inch 2, 195. 12+ cost of meter 3) Deposits. As a condition of receiving water, sewer, and garbage service, the following deposits shall be charged: a. Deposit amount: Residential customer .....$ 150. 00 Residential— Senior citizens ( 60 years or over) .....$ 75. 00 Commercial customers ( Based on estimated bill) .....$ 150. 00 minimum 2) Sewer. Standard sewer tap fees for customers inside the city limits and outside the city limits are as follows: Size of Tap Cost of Service a. 4- inch 835. 34 b. 6- inch 1, 372. 14 5) Other charges include the following: a, Late charges. If payment is not received by the 15th of each month, a penalty will be assessed on the 16th of each month at the rate noted below: Late charges ..... 5% of balance due City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 6 of 29 b. Afier hours charge. An after hours charge will be assessed for any services requested with the exception of a reconnection. due to nonpayment. Reconnection services due to non- payment will only be performed between the hours of 8: 00 a.m. and 5: 00 p. m. on Monday through Friday. Services requested on holidays will also be charged an after hour charge. After hours charge .....$ 50. 00 See. 86- 16.- Water service charges. a) The monthly charges for water service rendered by the city shall be as follows: Volume Charges: First 2, 000 gallons( minimum)... $ 37. 95 Next 2, 000 gallons, per 1, 000... $ 7. 22 Next 3, 000 gallons, per 1, 000... $ 7. 46 Next 4, 000 gallons, per 1, 000... $ 7. 74 Next 4, 000 gallons, per 1, 000... $ 8. 25 Next 35, 000 gallons, per 1, 000... $ 8. 73 Next 50, 000 gallons, per 1, 000... $ 9. 05 Next 50, 000 gallons, per 1, 000... $ 9. 72 Next 50, 000 gallons, per 1, 000... $ 10. 33 b) Customers requesting temporary water services( seven- day increments) can apply for a temporary water rate based on the following: Volume Charges: First 8, 000 gallons for seven days... $ 87. 67 Over 8, 000 gallons, per 1, 000... $ 8. 01 Sec. 86- 17.- Sewer service charges. a) The monthly charges for sanitary sewer services rendered by the city shall be as follows: Volume Charges: First 2, 000 gallons( minimum)... $ 40. 77 Next 2, 000 gallons, per 1, 000... $ 6. 34 Next 3, 000 gallons, per 1, 000... $ 7. 74 Next 4, 000 gallons, per 1, 000... $ 8. 60 Next 4,000 gallons, per 1, 000... $ 9. 22 Next 35, 000 gallons, per 1, 000... $ 10. 15 Next 50, 000 gallons, per 1, 000... $ 10. 87 Next 50, 000 gallons, per 1, 000... $ 11. 50 Next 50, 000 gallons, per 1, 000... $ 12. 34 City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 7 of 29 Sec. 86- 18. - Billing, collection, etc e) In the event of discontinuation of service, all amounts due the city including any penalties and charges are required to be paid in frill before reconnection to the system. The account will be finalized the following month after applying any remaining deposit. Sec. 86- 21. - Bulk water rates. a) Bulk sales through fire hydrant water meters temporarily installed at locations remote from the Wharton Volunteer Fire Department on Fulton Street will require the following: 1) Advance, nonrefundable payment of$ 50. 00 to the City of Wharton at City Hall for setting the meter connection at the fire hydrant or other appropriate locations as the city may determine; and 2) Payment of bulk sales rate of$ 146. 09 per month for the first 1, 000 gallons of water dispensed, or any fraction thereof. $ 58. 45 per month per 1, 000 gallons dispensed, or any fraction thereof, beyond the initial 1, 000 gallons dispensed; and 3) Advance, refundable fire hydrant meter deposit payment of$200. 00 to the City of Wharton at City Hall. b) Bulk sales through permanently installed water meter dispensation point at the Wharton Volunteer Fire Department on Fulton Street will require the following: 1) No requirement for payment of meter setting fee; and, 2) Payment of bulk sales rate of$ 146.09 for the first 1, 000 gallons of water dispensed, or any fraction thereof; $ 58.45per 1, 000 gallons dispensed, or any fraction thereof, beyond the initial 1, 000 gallons dispensed; and, 3) No requirement for payment of the $ 200.00 fire hydrant meter deposit, however each water dispensation transaction authorized under this section must be prepaid to the City of Wharton at City Hall where a one- day dispensation voucher will be issued for presentation to the water plant operator to authorize a one- day dispensation of a not to exceed amount of water in gallons. The one- day dispensation voucher identifying the cumulative number of gallons purchased will allow for scheduled multiple withdrawals of water, but only during the same City of Wharton working day upon which initial dispensation commences. Severability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. Penalties and Fines City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 8 of 29 Any person knowingly or recklessly found violating and are convicted of a violation of this ordinance shall be fined in an amount not to exceed$ 2,000.00. Each day or fraction of a day during which this ordinance or any part thereof is violated shall be deemed a separate offense and punishable as such. Effective Date This ordinance shall be effective on the 1st day of October 2024 at 12: 01 a.m. Passage and Approval PASSED AND APPROVED by the City Council of the City of Wharton, Texas, this 26t' day of August 2024. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: Paula Favors City Secretary APPROVED AS: PAUL WEBB City Attorney Councilmember, Steve Schneider, seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider a Green for Life( GFL) Rate Modification to the Solid Waste Collection and Disposal Service Franchise Agreement: A. Resolution: A resolution of the Wharton City Council approving Amendment No. 5 to the Franchise Agreement for Solid Waste Collection Services with Green for Life (GFL) and authorizing the Mayor of the City of Wharton to execute said agreement. B. Ordinance: An ordinance repealing and replacing the City of Wharton Code of Ordinances, Chapter 86 Utilities and Services, Article III, Solid Waste Disposal Exhibit A, providing that a violation of the ordinance or any part of the Code as adopted hereby shall constitute a penalty upon conviction of a fine and setting an effective date. City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 9 of 29 Finance Director, Joan Andel, presented a copy of the memorandum dated August 20, 2024, providing a copy of the letter dated August 23, 2024, from Mr. David Selesky of Green for Life GFL) regarding their rate modification to the Solid Waste Collection and Disposal Service Franchise between the City of Wharton and GFL. Mrs. Andel stated the letter was received via email on August 15, 2024, and GFL requested rate modifications in accordance with Section 14. 00, Basis and Methods of Payment, Item 14. 02 Modification of Rates of the General Specifications of the Franchise Agreement. She said as Mr. Selesky stated in the letter, the rate increase was 5% in accordance with the price index mentioned in the City' s franchise agreement with GFL. Mrs. Andel said the Finance Committee was recommending the City Staff renegotiate with GFL. After some discussion, Councilmember, Larry Pittman, moved to approve City of Wharton Ordinance No. 2024- 11, which read as follows CITY OF WHARTON ORDINANCE NO. 2024- 11 AN ORDINANCE REPEALING AND REPLACING THE CITY OF WHARTON CODE OF ORDINANCES, CHAPTER 86 UTILITIES & SERVICE, ARTICLE III, SOLID WASTE DISPOSAL EXHIBIT A; PROVIDING THAT A VIOLATION OF THE ORDINANCE OR ANY PART OF THE CODE AS ADOPTED HEREBY SHALL CONSTITUTE A PENALTY UPON CONVICTION OF A FINE AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Wharton, Texas, that Chapter 86 Utilities Service, Article III Solid Waste Disposal Exhibit A shall be replaced as follows: SCHEDULE " A" Base Rates Monthly Residential Waste Collection 30. 29 per Residential Unit, which includes a$ 3. 00 per month fee. Monthly Commercial Hand Collection 39. 39 per Commercial Unit, which includes a$ 3. 50 per month fee. Container Service (per month) includes a $ 3.50 fee 2 yd l xwk 79. 94 2xwk 140. 65 3xwk 179. 97 4xwk 247. 08 5xwk 306. 94 Additional Pick- up 86. 92 3yd 1 xwk 116. 08 2xwk 205. 72 City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 10 of 29 3xwk 273. 89 4xwk 366. 80 5xwk 456. 54 Additional Pick- up 124. 29 4yd 1 xwk 144. 31 2xwk 249. 52 3xwk 352. 28 4xwk 486. 52 5xwk 606. 21 Additional Pick- up 155. 29 6yd 1 xwk 203. 81 2xwk 387. 62 3xwk 540. 10 4xwk 725. 95 5xwk 905. 53 Additional Pick- up 217. 83 8yd 1 xwk 251. 92 2xwk 467. 15 3xwk 696. 93 4xwk 965. 37 5xwk 1204. 81 Additional Pick- up 266. 63 Rates for Roll-offs: Delivery Fee 132. 99 Monthly Rental 151. 99 Pull Price( per pull) 161. 81 Disposal Fee- Loose ( per yard) 8. 98 Disposal Fee- Compact( per yard) 10. 47 Rates for Other Services: Hourly Rate 121. 35 Disposal per cubic yard 8. 47 PENALTY Except as otherwise provided in this chapter, any person found guilty of intentionally, knowingly or recklessly violating any provision of this article and upon conviction thereof in the municipal court shall be fined in accordance with the terms of Section 1- 5 of the Code of Ordinances of the City of Wharton, Texas. SEVERABILITY City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 11 of 29 If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed to be a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. EFFECTIVE DATE This Ordinance shall become effective at 12: 01 a.m. on the lst day of October 2024. PASSED h AND APPROVED by the City Council of the City of Wharton, Texas, on the 26 day of August 2024. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: PAUL WEBB City Attorney Councilmember, Russell Machann, seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider a request from Mr. Danny Moses, Manager of Moses Gin, for a variance for a camper/ trailer placement at 407 Hamilton Street and between 209 N. Cloud Street and the adjoining lot at 600 W. Caney Street from August 2024 to December 31, 2024. City Manager, Joseph R. Pace, stated the item would not be presented since a representative was not present. After some discussion, no action was taken. City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 12 of 29 The eighth item on the agenda was to review and consider a resolution of the Wharton City Council approving a second extension of the Memorandum of Understanding and Temporary Certificate of Occupancy between the City of Wharton and Wharton Feed and Supply and authorizing the Mayor of the City of Wharton to execute all documents related to said extension. Director of Planning& Development, Gwyn Teves, stated Wharton Feed and Supply was issued a Temporary Certificate of Occupancy ( TCO) with a Memorandum of Understanding( MOU) for the continued design and construction of their drainage for the site February 26, 2024. Mrs. Teves said that on once all drainage and detention requirements were completed and inspected, with approval, a final Certificate of Occupancy was to be issued. She said the MOU and TCO expired on May 26, 2024 and Mr. & Mrs. Lockley requested an extension from the City Council and were granted a 90-day extension that would expire on August 26, 2024. Mrs. Teves stated Mr. & Mrs. Lockley had made a request to the City Manager' s office requesting a 2nd extension to the MOU and TCO and had provided the City with a copy of the drainage easement that had been acquired to move forward with the final design and construction of the drainage for the Wharton Feed and Supply project. She said that after reviewing the information and speaking with Mrs. Lockley, the City Staff recommended that the Council consider the extension request for the MOU and TCO through December 31, 2024, to allow the plan review and construction to be completed. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution no. 2024- 80, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 80 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A SECOND EXTENSION OF THE MEMORANDUM OF UNDERSTANDING AND TEMPORARY CERTIFICATE OF OCCUPANCY BETWEEN THE CITY OF WHARTON AND WHARTON FEED AND SUPPLY AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID EXTENSION. WHEREAS, The City of Wharton City Council wishes to approve a second extension of the Memorandum of Understanding with Wharton Feed and Supply and the Temporary Certificate of Occupancy through December 31, 2024; and, WHEREAS, Wharton Feed and Supply will continue to work on and complete the design and construction of the onsite drainage facilities before the expiration of the extension; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents relating to said extension of the Memorandum of Understanding and Temporary Certificate of Occupancy. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 13 of 29 SECTION I. The Wharton City Council hereby approves a second extension of the Memorandum of Understanding with Wharton Feed and Supply and the Temporary Certificate of Occupancy through December 31, 2024. SECTION II. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute all documents related to said extension of the Memorandum of Understanding and Temporary Certificate of Occupancy. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 26t' day of August 2024. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Larry Pittman, seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider a request by Ms. Karen Smith, Executive Director of the Wharton Chamber of Commerce & Agriculture, for the City of Wharton' s assistance by approving the following for Party Under the Bridge to be held Thursday, October 17, 2024, at Riverfront Park: 1. Traffic control as needed, including the route of a children' s train. 2. Access to electrical power within the park. 3. Additional trash cans and liners. 4. Request for mosquito spraying and fire ant treatment. 5. Allow open containers within the confines of the event area coordinated with the Wharton Police Department. 6. Labor and logistics to pick up, set up, and return chairs and round tables owned by the Chamber. 7. Picking up, setting up, operating, and returning four generator- light plants that the chamber will rent. 8. Waive all fees. Executive Director, Karen Smith, stated the location of the event would be changed to Riverfront Park due to the construction at Dinosaur Park. After some discussion, Councilmember, Russell City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 14 of 29 Machann, moved to approve the aforementioned items as requested. Councilmember, Terry Freese, seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider a request from Mr. James Perez, Wharton County Hispanic Chamber of Commerce President, for the 2024 Dia De Los Muertos Celebration on October 26, 2024, at Guffey Park, for the following: A. Close Houston Street between Milam Street and Caney Street on Saturday, October 26, 2024, from 2: 00 p. m. to 12: 00 a. m. B. Close Polk Street between Milam Street and Caney Street on Saturday, October 26, 2024, from 2: 00 p. m. to 12: 00 a.m. C. Close Caney Street between Houston Street and Polk Street from Saturday, October 26, 2024, from 2: 00 p. m. to 12: 00 a.m. D. Close Guffey Park from 2: 00 p.m. to 12: 00 a.m. E. Waive the City of Wharton Noise Ordinance to allow for music performances. F. Waive the City of Wharton Alcohol Ordinance to allow the public to consume alcohol in Guffey Park. G. Waive all local permit fees. H. Provide two ( 2) generator lights for safety and clean up. I. Provide one ( 1) roll- off dumpster. J. Provide twelve ( 12) trash barrels and trash bags. K. Provide road closure barricades to close off the above- mentioned streets. L. Provide access to the electrical breaker at the corner of Polk Street and Caney Street. M. Display signage of the 2024 Dia De Los Muertos Celebration advertisement on the I- 69 digital billboard. N. Provide any financial or in-kind support to help offset the costs of the event. Mr. James Perez presented a copy of his request as the Wharton County Hispanic Chamber of Commerce President, for the 2024 Dia De Los Muertos Celebration on October 26, 2024, from 6: 00 p. m. to 11: 00 p. m. at Guffey Park. After some discussion, Councilmember, Burnell Neal moved to approve items A., B., C., D., E., F., G., J., K., L., and M. Councilmember, Terry Freese, seconded the motion. All voted in favor. The eleventh item on the agenda was to review and consider the City of Wharton Debris Management and Debris Monitoring Services: A. Resolution: A resolution of the Wharton City Council approving a contract for Disaster Debris Clearance and Removal Services and authorizing the Mayor of the City of Wharton to execute all documents related to said contract and setting an effective date. B. Resolution: A resolution of the Wharton City Council approving a contract for Disaster Debris Removal Monitoring and authorizing the Mayor of the City of Wharton to execute all documents related to said contract and setting an effective date. City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 15 of 29 Emergency Management Coordinator Lt. Ben Guanajuato stated that on July 8, 2024, the City Council approved a Consultant Selection Committee ( CSC) for the selection of disaster debris monitoring and disaster debris removal services consisting of the City Manager, the Finance Director, the Public Works Director, and the Emergency Management Coordinator. Lt. Guanajuato said that on August 13, 2024, proposals were received at City Hall and distributed to the CSC for scoring and four proposals were received for the Debris Monitoring Services as follows: 1. GMC- Goodwyn Mills Cawood. 2. DebrisTech, LLC. 3. Tidal Basin Government Consulting, LLC. 4. TetraTech. Lt. Guanajuato said five proposals were received for the Debris Removal Services as follows: 1. Looks Great Services. 2. Ceres Environmental. 3. CTC Disaster Response. 4. DRC Emergency Services. 5. TFR Enterprises, Inc. After some discussion, Councilmember, Terry Freese, moved to approve the City of Wharton Resolution No. 2024- 81 and 2024- 82, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 81 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A CONTRACT FOR DISASTER DEBRIS CLEARANCE AND REMOVAL SERVICES AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT AND SETTING AN EFFECTIVE DATE. WHEREAS, The City of Wharton received sealed bids for Disaster Debris Clearance and Removal Services; and, WHEREAS, The Wharton City Council wishes to approve a contract between the City of Wharton and TFR Enterprises as the primary firm for Disaster Debris Clearance and Removal Services and Ceres Environmental as the secondary firm for Disaster Debris Clearance and Removal Services; and, City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 16 of 29 WHEREAS, The City of Wharton and TFR Enterprises as primary service and Ceres Environmental as secondary service wishes to be bound by the conditions as set forth in the agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby approves a contract between the City of Wharton and TFR Enterprises as the primary firm for Disaster Debris Clearance and Removal Services and Ceres Environmental as the secondary firm for Disaster Debris Clearance and Removal Services Section II. The Wharton City Council hereby approves to authorize the Mayor of the City of Wharton to execute the agreements. Section III. The City of Wharton and TFR Enterprises as primary service and Ceres Environmental as secondary service are hereby bound by the conditions as set forth in the agreements. Section IV. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this the 26t' day of August 2024. CITY OF WHARTON By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary CITY OF WHARTON RESOLUTION NO. 2024- 82 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A CONTRACT FOR DISASTER DEBRIS REMOVAL MONITORING AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT AND SETTING AN EFFECTIVE DATE. WHEREAS, The City of Wharton received sealed bids for Disaster Debris Removal Monitoring on August 13, 2024; and, City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 17 of 29 WHEREAS, The Wharton City Council wishes to approve a contract between the City of Wharton and Tidal Basin for primary Disaster Debris Removal Monitoring and Tetra Tech for secondary Disaster Debris Removal Monitoring; and, WHEREAS, The City of Wharton and Tidal Basin for primary Disaster Debris Removal Monitoring and Tetra Tech for secondary Disaster Debris Removal Monitoring wishes to be bound by the conditions as set forth in the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby approves a contract between the City of Wharton and Tidal Basin for primary Disaster Debris Removal Monitoring and Tetra Tech for secondary Disaster Debris Removal Monitoring for Disaster Debris Removal Monitoring. 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 Tidal Basin for primary Disaster Debris Removal Monitoring and Tetra Tech for secondary Disaster Debris Removal Monitoring 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 20 day of August 2024. CITY OF WHARTON By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 18 of 29 Councilmember, Steve Schneider, seconded the motion. All voted in favor. The twelfth item on the agenda was to review and consider an ordinance amending the City of Wharton Code of Ordinances, Chapter 82 Traffic, Sec. 82- 56. School zones, providing that a violation of the ordinance or any part of the code as adopted hereby shall constitute a penalty upon conviction of a fine; providing for severability and setting an effective date. Chief of Police, Terry David Lynch, presented a copy of a memorandum from him regarding an amendment to the City of Wharton Code of Ordinances, Chapter 82 Traffic, Sec. 82- 56. School zones. Chief Lynch stated that due to the closure of the Minnie Mae Hopper School and the sale of the property, the need for a designated school zone had ceased and the roads specified in the ordinance to be removed were as follows: Sec. 82- 56. - School zones. ( a) Designated. The following areas are designated as school zones: 1) Abell Street, from its intersection with Alabama Street to its intersection with Center Street. 4) Alabama Street, from its intersection with East Avenue to its intersection with Speed Street. 6) Center Street, from its intersection with Abell Street to its intersection with Speed Street. 13) Speed Street, from its intersection with Alabama Street to its intersection with Center Street. 15) Third Street, from its intersection with Rusk Street to its intersection with Pecan Street. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Ordinance No. 2024- 12, which read as follows: CITY OF WHARTON ORDINANCE NO. 2024- 12 AN ORDINANCE AMENDING THE CITY OF WHARTON CODE OF ORDINANCES, CHAPTER 82 TRAFFIC, SEC. 82- 56. SCHOOL ZONES, PROVIDING THAT A VIOLATION OF THE ORDINANCE OR ANY PART OF THE CODE AS ADOPTED HEREBY SHALL CONSTITUTE A PENALTY UPON CONVICTION OF A FINE; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Wharton, Texas that the City of Wharton Code of Ordinances, Chapter 82 Traffic, shall read as follows: ARTICLE II. OPERATION OF VEHICLES City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 19 of 29 Sec. 82- 56. School zones. ( a) Designated. The following shall be removed as designated School Zones as follows: 1) Abell Street, from its intersection with Alabama Street to its intersection with Center Street. 4) Alabama Street, from its intersection with East Avenue to its intersection with Speed Street. 6) Center Street, from its intersection with Abell Street to its intersection with Speed Street. 13) Speed Street, from its intersection with Alabama Street to its intersection with Center Street. 15) Third Street, from its intersection with Rusk Street to its intersection with Pecan Street. Penalty Clause Except as otherwise provided in this chapter, any person found guilty of intentionally, knowingly or recklessly violating any provision of this article and upon conviction thereof in the municipal court shall be fined in accordance with the terms of Section 1- 5 of the Code of Ordinances of the City of Wharton, Texas. Severability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed to be a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. Effective Date This Ordinance shall become effective on the 6th day of September 2024 at 12: 01 a.m. Passage and Approval PASSED AND APPROVED by the City Council of the City of Wharton, Texas, on the 26th day of August 2024. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 20 of 29 PAULA FAVORS City Secretary APPROVED AS TO FORM: PAUL WEBB City Attorney Councilmember, Burnell Neal, seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the purchase of a vehicle for the City of Wharton Police Department and authorizing the City Manager to execute all documents related to said purchase. Chief of Police Terry David Lynch presented a memorandum regarding the purchase of a vehicle for the Wharton Police Department. Chief Lynch stated the quotes were received, and they were as follows: 1. Wharton Chevrolet GMC-$ 42, 570. 87. 2. Wharton Chevrolet GMC-$ 42, 884. 54. 3. Wharton Chevrolet GMC-$ 46, 204. 43. 4. Wharton Ford-$ 32, 348. 00. 5. Ram Country Wharton-$ 35, 481. 00. Chief Lynch said the City Staff and the Finance Committee was recommending the purchase of a 2019 Chevrolet Silverado 1500 from Wharton Chevrolet GMC in the amount of$42, 570. 87. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2024- 83, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 83 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE PURCHASE OF A VEHICLE FOR THE CITY OF WHARTON POLICE DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, Quotes were received for the purchase of a vehicle for the Police Department; and, WHEREAS, Wharton Chevrolet GMC was deemed the best lowest qualified bidder in the amount of$42, 570, 87; and, WHEREAS, The Wharton City Council wishes to approve Wharton Chevrolet GMC for the purchase of a vehicle for the Police Department in the amount of$ 42, 570, 87; and, City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 21 of 29 WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute all documents related to said purchase. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby authorizes the City Manager to purchase a vehicle for the Police Department from Wharton Chevrolet GMC in the amount of 42, 570, 87. SECTION II. The Wharton City Council hereby authorizes the City Manager to execute all documents related to the purchase of the vehicle. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 26th day of August 2024. CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Larry Pittman, seconded the motion. All voted in favor. The fourteenth item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the City Manager to purchase three( 3) vehicles for the City of Wharton Public Works Department from Cameron Country Dodge through Buyboard Co- operative and authorizing the City Manager to execute all documents related to said purchase. Public Works Director, Roderick Semien, received a quote for the purchase of three ( 3) 2023 Dodge Ram 2500 Crew Cab 4x4 vehicles. Director Semien stated each department, water, streets, and facilities maintenance would receive 1) one ( vehicle. He said the quote was received from Cameron Country Dodge, which was a member of the BuyBoard Co- operative, and was in the amount of 147, 925. 00 for the three ( 3) vehicles. Finance Director, Joan Andel, stated the funds to pay for the vehicles had been allocated through the American Rescue Plan and the FEMA Alternate project funds. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2024- 84, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 84 City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 22 of 29 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE CITY MANAGER TO PURCHASE THREE ( 3) VEHICLES FOR THE CITY OF WHARTON PUBLIC WORKS DEPARTMENT FROM CAMERON COUNTRY DODGE THROUGH BUYBOARD CO- OPERATIVE AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, The Wharton City Council has appropriated funds for the purchase of vehicles for the Public Works Department; and, WHEREAS, The City of Wharton is a member of and participates in the Buy Board Co- operative Purchasing Program; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager to purchase three 3) vehicles for the Public Works Department from Cameron Country Dodge through Buyboard Co- operative in the amount of$ 147, 925. 00; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager to execute all documents related to the purchase of the vehicles. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby authorizes the City Manager to purchase three 3) vehicles for the Public Works Department from Cameron Country Dodge through Buyboard Co- operative in the amount of$ 147, 925. 00. SECTION II. The Wharton City Council hereby authorizes the City Manager to execute all documents related to the purchase of the vehicles. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 26th day of August 2024. CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 23 of 29 Councilmember, Larry Pittman, seconded the motion. All voted in favor. The fifteenth item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the purchase of a vehicle for the Wharton Emergency Medical Services Department and authorizing the City Manager to execute all documents related to said purchase. EMS Director, Christy Gonzales, presented a copy of a memorandum regarding the purchase of a vehicle for the Emergency Medical Services Department. Mrs. Gonzales stated quotes were received, and they were as follows: 1. Lavaca County Emergency Medical Services-$ 10, 000. 00 2. Ambulance Depot-$29, 900. 00 She said the City Staff was recommending Lavaca County Emergency Medical Services for the purchase. Mrs. Gonzales stated the Finance Committee met on Monday, August 26, 2024, and were recommending the City Council consider approving the request. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2024- 85, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 85 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE PURCHASE OF A VEHICLE FOR THE WHARTON EMERGENCY MEDICAL SERVICES DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, Quotes were received for the purchase of a vehicle for the EMS Department; and, WHEREAS, Lavaca County Emergency Medical Services was deemed the best lowest qualified bidder in the amount of$ 10, 000. 00; and, WHEREAS, The Wharton City Council wishes to approve Lavaca County Emergency Medical Services for the purchase of a vehicle for the EMS Department in the amount of 10, 000. 00; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute all documents related to said purchase. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby authorizes the City Manager to purchase a vehicle for the EMS Department from Lavaca County Emergency Medical Services in the amount of$ 10, 000. 00. City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 24 of 29 SECTION II. The Wharton City Council hereby authorizes the City Manager to execute all documents related to the purchase of the vehicle. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 26th day of August 2024. CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Larry Pittman, seconded the motion. All voted in favor. The sixteenth item on the agenda was to review and consider a resolution of the Wharton City Council approving a one-year extension for the City of Wharton Bank Depository Services and authorizing the Mayor of the City of Wharton to execute all documents relating to said contract. Finance Director, Joan Andel, stated that on July 14, 2021, the City Council approved a bank depository contract with Prosperity Bank for a three-year period from October 1, 2021, through September 30, 2024, with an additional one- year extension period not to exceed two additional years. Mrs. Andel presented a copy of a letter from Prosperity Bank renewing the agreement for an additional year through September 30, 2025. She said the Finance Committee met on Monday, August 26, 2024, and were recommending the City Council consider approving the request. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2024- 86, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 86 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A ONE- YEAR EXTENSION FOR THE CITY OF WHARTON BANK DEPOSITORY SERVICES AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATING TO SAID CONTRACT. WHEREAS, On June 14, 2021, the City of Wharton awarded a contract to Prosperity Bank for Depository Services for a three- year period to include two one- year extensions; and, City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 25 of 29 WHEREAS, The Wharton City Council wishes to approve the first one-year extension with Prosperity Bank in accordance with the contract; and, WHEREAS, The City of Wharton and Prosperity Bank wishes 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 all documents related to said extension. 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 first one- year extension of Depository Services in accordance with the agreement between the City of Wharton and Prosperity Bank Section II. That the Wharton City Council wishes to authorize the Mayor of the City of Wharton, Texas, to execute all documents related to said contract. Section. III. That Prosperity Bank and the City of Wharton 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 26th day of August 2024. CITY OF WHARTON By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Larry Pittman, seconded the motion. All voted in favor. The seventeenth item on the agenda was to review and consider the acceptance of the Wharton Lakes Phase 1 Infrastructure. Director of Planning& Development, Gwyn Teves, stated Wharton Lakes had completed the construction of the Infrastructure for Phase 1. Mrs. Teves said the City Staff and the City Inspector performed a walkthrough and created a punch list on June 11, 2024, City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 26 of 29 and the items were corrected, and a final walk- through of the project was completed on August 12, 2024. She said the City Inspector was present at the final walk-through and was recommending acceptance of the project. Mrs. Teves presented a copy of the Certificate of Completion from McKim & Creed and Wharton Lakes was requesting a Certificate of Acceptance from the City to turn the infrastructure over to the City and to begin the one- year warranty period. After some discussion, Councilmember, Terry Freese, moved to approve the acceptance of the Wharton Lakes Phase 1 Infrastructure. Councilmember, Steve Schneider, seconded the motion. All voted in favor. The eighteenth item on the agenda was to review and consider the resolution of the Wharton City Council approving and adopting the City of Wharton Downtown Master Plan prepared in coordination with the Wharton Economic Development Corporation. Director of Planning & Development, Gwyn Teves, stated that in January 2023, the City of Wharton began working with the community and Staff to create the City of Wharton Downtown Master Plan in partnership with the Wharton Economic Development Corporation. Mrs. Teves said Ardurra, Inc. worked with City staff,elected officials, and community partners to get their input on the plan and held multiple meetings and presentations. She said the plan had been completed and reviewed by the City Staff and the Advisory Committee and posted for any public comments. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2024- 87, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 87 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING AND ADOPTING THE CITY OF WHARTON DOWNTOWN MASTER PLAN PREPARED IN COORDINATION WITH THE WHARTON ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, A need was identified for the creation of a Downtown Master Plan for the City of Wharton' s continued growth and economic viability; and, WHEREAS, The Wharton City Council contracted with Ardurra, Inc., to create the City of Wharton Downtown Master Plan; and, WHEREAS, The Wharton City Council wishes to approve and adopt the City of Wharton Downtown Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS that: Section I. The Wharton City Council hereby approves and adopts the City of Wharton Downtown Master Plan. Section II: That this resolution shall become effective immediately upon its passage. City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 27 of 29 Passed, Approved, and Adopted this 26 h day of August 2024. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Larry Pittman, seconded the motion. All voted in favor. The nineteenth item on the agenda was to review and consider Pay Request No. 3 from Reddico Construction Company for the U. S. 59 Water & Wastewater Utility Relocations. Director of Planning & Development, Gwyn Teves, presented a copy of Pay Request No. 3 from Reddico Construction Company for the U. S. 59 Water& Wastewater Utility Relocations in the amount of 1, 388, 695. 86. After some discussion, Councilmember, Terry Freese, moved to approve Pay Request No. 3 from Reddico Construction Company for the U. S. 59 Water& Wastewater Utility Relocations in the amount of $ 1, 388, 695. 86. Councilmember, Larry Pittman, seconded the motion. All voted in favor. The twentieth item on the agenda was to review and consider the Official Ballot of the Texas Municipal League Intergovernmental Risk Pool Board ofTrustees Election. City Manager, Joseph R. Pace, presented a copy of the Official Ballot of the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. City Manager Pace stated the officials listed on the ballot had been nominated to serve a six- year term and he recommended the City Council cast its vote for the following: Place 11- Randy Criswell- Incumbent Place 12- Allison Heyward- Incumbent Place 13- Harlan Jefferson- Incumbent Place 14- Mike Land - Incumbent After some discussion, Councilmember, Terry Freese, moved to approve voting for the aforementioned officials on the Official Ballot of the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. Councilmember, Steve Schneider, seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 28 of 29 The twenty- first item on the agenda was to review and consider an update of the City of Wharton Grant Programs. Planning and Development Director, Gwyn Teves, presented an update of the City of Wharton Grant Programs. After some discussion, no action was taken. The twenty- second item on the agenda was to review and consider the update on the City of Wharton' s ongoing projects. City Manager, Joseph R. Pace, presented an update on the City of Wharton ongoing Projects. After some discussion, no action was taken. The twenty- third item on the agenda was to review and consider the appointments, resignations, and vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. B. Appointments. C. Vacancies. City Manager, Joseph R. Pace, stated Mr. Joel Williams requested to resign from the Planning Commission, and Mr. Howard Singleton wished to continue serving on the Building Standards Commission. After some discussion, Councilmember, Burnell Neal, moved to approve the following: A. Resignations Planning Commission Joel Williams B. Appointments Building Standards Commission Term Expiring Howard Singleton June 30, 2026 Councilmember, Larry Pittman, seconded the motion. All voted in favor. The twenty- fourth item on the agenda was to review and consider the City Council Boards, Commissions, and Committee Reports: A. Economic Development Committee meeting held August 12, 2024. After some discussion, no action was taken. The twenty-fifth item on the agenda was to review and consider the Department Head Reports: A. City Secretary/ Personnel. B. Code Enforcement. C. Community Services Department/ Civic Center. D. Emergency Management. E. M. S. Department. F. Fire Department. G. Legal Department. H. Municipal Court. City of Wharton City Council Regular Meeting Minutes- August 26, 2024 Page 29 of 29 I. Police Department. J. Public Works Department. K. Water/ Sewer Department. L. Weedy Lots/ Sign Ordinance. M. Wharton Regional Airport. After some discussion, no action was taken. There being no further discussion, Councilmember, David Voulgaris, moved to adjourn. All voted in favor. The meeting adjourned at 7: 38 p. m. CITY OF WHARTON, TEXAS By: G c --- TIM BARKER Mayor TEST: P LA FAV RS s y Y ity Secretary

Agenda

CITY OF WHARTON CITY COUNCIL REGULAR MEETING Monday, August 26, 2024 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, August 26, 2024, 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 22nd day of August 2024. 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 August 22, 2024, 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 22nd day of August 2024. CITY OF WHARTON By: Paula Favors City Secretary AGENDA CITY OF WHARTON City Council Regular Meeting Monday, August 26, 2024 City Hall - 7:00 PM Call to Order –Opening Devotion –Pledge of Allegiance. Roll Call and Excused Absences. Public Comments. Wharton Moment. Review and Consider: 1. City of Wharton Financial Report for July 2024. 2. City Manager’s submission of the City of Wharton, Texas, Proposed Budget for the Fiscal Year October 1, 2024-September 30, 2025. 3. Setting a Public Hearing date for the City of Wharton, Texas, Proposed Budget for the Fiscal Year October 1, 2024-September 30, 2025. 4. Resolution: A resolution of the Wharton City Council adopting a Proposed Property Tax Rate for the City of Wharton October 1, 2024-September 30, 2025, Fiscal Year Budget as required by state law. 5. Ordinance: An ordinance amending the City of Wharton Code of Ordinances, Chapter 86, Sections 86-15, 86-16, 86-17, and 86-21, Utilities and Services, Article I in General; Providing that a violation of the ordinance or any part of the Code as adopted hereby shall constitute a penalty upon conviction of a fine; Providing a savings clause and revoking all ordinances or parts of ordinances in conflict herewith only to the extent same are in conflict herewith otherwise provided herein. 6. Green for Life (GFL) Rate Modification to the Solid Waste Collection and Disposal Service Franchise Agreement: A. Resolution: A resolution of the Wharton City Council approving Amendment No. 5 to the Franchise Agreement for Solid Waste Collection Services with Green for Life (GFL) and authorizing the Mayor of the City of Wharton to execute said agreement. B. Ordinance: An ordinance repealing and replacing the City of Wharton Code of Ordinances, Chapter 86 Utilities and Services, Article III, Solid Waste Disposal Exhibit A, providing that a violation of the ordinance or any part of the Code as adopted hereby shall constitute a penalty upon conviction of a fine and setting an effective date. 7. Request from Mr. Danny Moses, Manager of Moses Gin, for a variance for a camper/trailer placement at 407 Hamilton Street and between 209 N. Cloud Street and the adjoining lot at 600 W. Caney Street from August 2024 to December 31, 2024. 8. Resolution: A resolution of the Wharton City Council approving a second extension of the Memorandum of Understanding and Temporary Certificate of Occupancy between the City of Wharton and Wharton Feed and Supply and authorizing the Mayor of the City of Wharton to execute all documents related to said extension. 9. Request by Ms. Karen Smith Executive Director of the Wharton Chamber of Commerce & Agriculture, for the City of Wharton's assistance by approving the following for Party Under the Bridge to be held Thursday, October 17, 2024, at Riverfront Park: 1. Traffic control as needed, including the route of a children’s train. 2. Access to electrical power within the park. 3. Additional trash cans and liners. 4. Request for mosquito spraying and fire ant treatment. 5. Allow open containers within the confines of the event area coordinated with the Wharton Police Department. 6. Labor and logistics to pick up, set up, and return chairs and round tables owned by the Chamber. 7. Picking up, setting up, operating, and returning four generator-light plants that the chamber will rent. 8. Waive all fees. 10. Request from Mr. James Perez, Wharton County Hispanic Chamber of Commerce President, for the 2024 Dia De Los Muertos Celebration on October 26, 2024, at Guffey Park, for the following: A. Close Houston Street between Milam Street and Caney Street on Saturday, October 26, 2024, from 2:00 p.m. to 12:00 a.m. B. Close Polk Street between Milam Street and Caney Street on Saturday, October 26, 2024, from 2:00 p.m. to 12:00 a.m. C. Close Caney Street between Houston Street and Polk Street from Saturday, October 26, 2024, from 2:00 p.m. to 12:00 a.m. D. Close Guffey Park from 2:00 p.m. to 12:00 a.m. E. Waive the City of Wharton Noise Ordinance to allow for music performances. F. Waive the City of Wharton Alcohol Ordinance to allow the public to consume alcohol in Guffey Park. G. Waive all local permit fees. H. Provide two (2) generator lights for safety and clean up. I. Provide one (1) roll-off dumpster. J. Provide twelve (12) trash barrels and trash bags. K. Provide road closure barricades to close off the above-mentioned streets. L. Provide access to the electrical breaker at the corner of Polk Street and Caney Street. M. Display signage of the 2024 Dia De Los Muertos Celebration advertisement on the I-69 digital billboard. N. Provide any financial or in-kind support to help offset the costs of the event. 11. City of Wharton Debris Management and Debris Monitoring Services: A. Resolution: A resolution of the Wharton City Council approving a contract for Disaster Debris Clearance and Removal Services and authorizing the Mayor of the City of Wharton to execute all documents related to said contract and setting an effective date. B. Resolution: A resolution of the Wharton City Council approving a contract for Disaster Debris Removal Monitoring and authorizing the Mayor of the City of Wharton to execute all documents related to said contract and setting an effective date. 12. Ordinance: An Ordinance amending the City of Wharton Code of Ordinances, Chapter 82 Traffic, Sec. 82-56. School zones, providing that a violation of the ordinance or any part of the code as adopted hereby shall constitute a penalty upon conviction of a fine; providing for severability and setting an effective date. 13. Resolution: A resolution of the Wharton City Council authorizing the purchase of a vehicle for the City of Wharton Police Department and authorizing the City Manager to execute all documents related to said purchase. 14. Resolution: A resolution of the Wharton City Council authorizing the City Manager to purchase three (3) vehicles for the City of Wharton Public Works Department from Cameron Country Dodge through Buyboard Co-operative and authorizing the City Manager to execute all documents related to said purchase. 15. Resolution: A resolution of the Wharton City Council authorizing the purchase of a vehicle for the Wharton Emergency Medical Services Department and authorizing the City Manager to execute all documents related to said purchase. 16. Resolution: A resolution of the Wharton City Council approving a one-year extension for the City of Wharton Bank Depository Services and authorizing the Mayor of the City of Wharton to execute all documents relating to said contract. 17. Acceptance of the Wharton Lakes Phase 1 Infrastructure. 18. Resolution: A resolution of the Wharton City Council approving and adopting the City of Wharton Downtown Master Plan prepared in coordination with the Wharton Economic Development Corporation. 19. Pay Request No. 3 from Reddico Construction Company for the U.S. 59 Water & Wastewater Utility Relocations. 20. Official Ballot of the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. 21. Update of City of Wharton Grant Programs. 22. Update on the City of Wharton's ongoing projects. 23. Appointments, Resignations, and Vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. B. Appointments. C. Vacancies. 24. City Council Boards, Commissions, and Committee Reports: A. Economic Development Committee meeting held August 12, 2024. 25. Department Head Reports: City Secretary/Personnel. Code Enforcement. Community Services Department/Civic Center. Emergency Management. E. M. S. Department. Fire Department. Legal Department. Municipal Court. Police Department. Public Works Department. Water/Sewer Department. Weedy Lots/Sign Ordinance. Wharton Regional Airport. Adjournment.

Get email alerts for Wharton

A daily email when new agendas and minutes are posted.

Report an issue with this meeting