City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING OCTOBER 28, 2024 i Mayor, Tim Barker, declared a Regular Meeting duly open for the transaction of business at 7: 00 P. M. at City Hall 120 E. Caney Street Wharton, TX. Councilmember, Russell Machann, led the opening devotion, and Mayor, Tim Barker, led the pledge of allegiance. 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; Finance Director, Joan Andel; City Secretary, Paula Favors, TRMC, CPM, MMC; Director of Planning and Development, Gwyn Teves, CPM; Building Official, Claudia Velasquez; Police Sgt., Stephen Jimenez; Public Works Director, Roderick Semien, and EMS Director, Christy Gonzales. Visitors present were: Wharton Chamber of Commerce Executive Director, Karen Smith; Ryan Salazar; Michael Roberson; Ray Roberson; Don Mueller; Traci Myers, Director of the WCJC Senior Citizens Program, and Colby Primeaux with the Wharton Journal Spectator. Roll Call and Excused Absences. All Councilmembers were present. Public Comments. Mayor, Tim Barker, called for Public Comments. Wharton Moment. Mayor, Tim Barker, called for Wharton Moments. 1. Councilmember Burnell Neal publicly apologized for an altercation he had with the Animal Control Officer Jackie Jurasek regarding a neighbor' s issue with his dog. Councilmember Neal stated Police Chief, Terry David Lynch, defused the situation and he thanked him for doing that. 2. The mayor, Tim Barker, invited everyone to the Mayor' s Committee on People with Disabilities Halloween dance, held on October 31, 2024, at the Wharton Civic Center. 3. Mr. Don Mueller stated he attended the Wharton Police Department' s Blue Santa fundraiser and he really enjoyed it. Review and Consider: City of Wharton City Council Regular Meeting Minutes- October 28, 2024 Page 2 of 15 The first item on the agenda was to review and consider the City of Wharton Financial Report for September 2024. Finance Director, Joan Andel presented the City of Wharton Financial Report for September 2024. After some discussion, Councilmember, Russell Machann, moved to approve the City of Wharton Finance Report for September 2024. Councilmember, Terry Freese, seconded the motion. All voted in favor. The second item on the agenda was to review and consider a request from Ms. Traci Myers, Director of the WCJC Senior Citizens Program, to host a WCJC 5K Stride and Stroll on December 7, 2024, at the Riverfront Park Central Pavilion and assistance with the following: A. To post the event( WCJC 5K Stride and Stroll 2024) on the Digital Billboard on Highway 59 by La Casona/ Walmart. B. Close part of Elm Street between Breitling Street and Fulton Street from 6: 30 a.m. to 12: 00 p. m. C. To use city- owned barricades for the street closures at Elm Street and Breitling Street, Elm Street and Resident Street, Elm Street and Rusk Street, and Elm Street and Fulton Street. D. To have ten( 10) trash barrels and extra liners provided. E. To waive all fees that may apply to this event. Ms. Myers presented her request to host a WCJC 5K Stride and Stroll on December 7, 2024, at the Riverfront Park Central Pavilion. After some discussion, Councilmember, Terry Freese, moved to approve the request from Ms. Traci Myers, Director of the WCJC Senior Citizens Program, to host a WCJC 5K Stride and Stroll on December 7, 2024, at the Riverfront Park Central Pavilion and aforementioned times A. through E. Councilmember, Larry Pittman, seconded the motion. All voted in favor. The third item on the agenda was to review and consider a request from Mr. Michael Roberson on behalf of Roberson Properties Inc., 200 E. Milam St. & 105 S. Rusk St., Wharton, Block 6, Lots 1, 2A& 2 for: A. Variance to build across property lines. B. Zero setback variance to the building line setback on the side adjoining Block 6, Lots 3 & 4. C. Variance to match existing adjacent building elevation. Director of Planning & Development, Gwyn Teves, presented a copy of the request from Mr. Michael Roberson on behalf of Roberson Properties Inc., 200 E. Milam St. & 105 S. Rusk St., Wharton, Block 6, Lots 1, 2A & 2 to have a variance to build across property lines with a zero- setback variance building line setback on the side adjoining Block 6, Lots 3 & 4 and a to the variance to match existing adjacent building elevation. Mrs. Teves stated the Planning Commission met on October 21, 2024, and voted to recommend this item to the City Council for consideration. After some discussion, Councilmember, Terry Freese, moved to approve the request from Mr. Michael Roberson on behalf of Roberson Properties Inc., 200 E. Milam St. & City of Wharton City Council Regular Meeting Minutes- October 28, 2024 Page 3 of 15 105 S. Rusk St., Wharton, Block 6, Lots 1, 2A & 2 for the aforementioned items A. through C. Councilmember, Russell Machann, 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 authorizing the purchase of a 2024 Case CX37C Mini Excavator ROP for the Public Works Department from Associated Supply Company, Inc., through the Buyboard Cooperative Purchasing Program and authorizing the City Manager to execute all documents related to said purchase. Public Works Director, Roderick Semien, stated the City Staff received a quote for the purchase of a 2024 Case CX37C Mini Excavator ROP for the Public Works Department from Associated Supply Company, Inc., in the amount of$ 47, 192. 50. Mr. Semien said the City was a member of and participated in the Buyboard Cooperative Purchasing Program. He said the Finance Committee met on Monday, October 28, 2024, and recommended the City Council consider approving the request. After some discussion, Councilmember, Larry Pittman, moved to approve City of Wharton Resolution No. 2024- 111, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 111 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE PURCHASE OF A 2024 CASE CX37C MINI EXCAVATOR ROP FOR THE PUBLIC WORKS DEPARTMENT FROM ASSOCIATED SUPPLY COMPANY, INC., THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, A quote was received for the purchase of a 2024 Case CX37C Mini Excavator ROP for the Public Works Department; and, WHEREAS, The City of Wharton is a member of and participates in the Buyboard Cooperative Purchasing Program; and, WHEREAS, Associated Supply Company, Inc., submitted a quote in the amount of$47, 192. 50; and, WHEREAS, The Wharton City Council wishes to approve Associated Supply Company, Inc., for the purchase of a 2024 Case CX37C Mini Excavator ROP in the amount of$47, 192. 50 for the Public Works Department; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute all documents related to said purchase. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby authorizes the City Manager to purchase a 2024 Case CX37C Mini Excavator ROP for the Public Works Department Associated Supply Company, Inc., through the Buyboard Cooperative Purchasing Program in City of Wharton City Council Regular Meeting Minutes- October 28, 2024 Page 4 of 15 the amount of$ 47, 192. 50. SECTION II. The Wharton City Council hereby authorizes the City Manager to execute all documents related to the purchase of the equipment. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 28th day of October 2024. CITY OF WHARTON 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 a resolution of the Wharton City Council approving the Annual Service Contract with Stryker Medical and authorizing the Mayor to execute all documents related to said contract. E.M.S. Director, Christy Gonzales, presented a copy of her memorandum regarding the Annual Service Contract with Stryker Medical. After some discussion, Councilmember, Russell Machann, moved to approve the City of Wharton Resolution No. 2024- 112, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 112 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE ANNUAL SERVICE CONTRACT WITH STRYKER MEDICAL AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, The Wharton Emergency Medical Services Department requests that the City Council approve the Annual Service Contract with Stryker Medical; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor to execute all documents related to the Annual Service Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: City of Wharton City Council Regular Meeting Minutes- October 28, 2024 Page 5 of 15 SECTION I. The Wharton City Council hereby approves the Annual Service Contract with Stryker Medical. SECTION II. That this resolution shall become effective immediately upon its passage. Passed Approved, and Adopted P this 28th dayY of October 2024. CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Larry Pittman, 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 approving the purchase of a Power-Load System, Stretcher, Stair Chair, and Power-Load ProCare from Stryker Medical and authorizing the City Manager to execute all documents related to said purchase. EMS Director, Christy Gonzales, presented a copy of a quote provided by Stryker Medical for the purchase of a Power- Load System, Stretcher, and Stair Chair. Director Gonzales stated Stryker Medical had reported equipment involved in an ambulance fleet was required to be replaced, although there was a service agreement with Stryker Medical and the Power- Load System and Stretcher did not have any physical damage, they were to be replaced at the owner' s expense. Mrs. Gonzales said TML had declined coverage for the Power- Load System and Stretcher due to no physical damage. She presented quote 10966528 in the amount of$ 85, 892. 58 which included a Power- Load System, Stretcher, Stair Chair, and ProCare Services. She said Stryker Medical was offering a trade- in of the current Power-Load System and Stretcher, with a credit of $ 6, 500. 00, that would be applied towards the purchase. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2024- 113, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 113 City of Wharton City Council Regular Meeting Minutes- October 28, 2024 Page 6 of 15 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE PURCHASE OF A POWER- LOAD SYSTEM, STRETCHER, STAIR CHAIR, AND POWER- LOAD PROCARE FROM STRYKER MEDICAL AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, The Wharton Emergency Medical Services Department wishes to purchase a Power- Load System, Stretcher, Stair Chair, and Power- Load ProCare from Stryker Medical; and, WHEREAS, Said purchase is in the amount of$ 85, 892. 58; and, WHEREAS, The Wharton City Council wishes to authorize the City Staff to purchase a Power- Load System, Stretcher, Stair Chair, and Power- Load ProCare from Stryker Medical; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager to execute 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. The Wharton City Council hereby approves the purchase of a Power- Load System, Stretcher, Stair Chair, and Power- Load ProCare from Stryker Medical. SECTION III. The Wharton City Council hereby authorizes the City Manager to execute all documents related to said purchase. SECTION III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 28th day of October 2024. CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary City of Wharton City Council Regular Meeting Minutes- October 28, 2024 Page 7 of 15 Councilmember, David Voulgaris, seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the purchase of an electronic sign for the Wharton Civic Center from Core Displays through the TIPS Cooperative Program and authorizing the City Manager of the City of Wharton to execute all documents related to said purchase. Civic Center Manager Makyla Monroe obtained a proposal from Core Displays for a lighted, two- sided sign for the Civic Center. Finance Director, Joan Andel, stated the current sign needed to be replaced due to age, sun exposure, and wear in the informational section area. Mrs. Andel said Core Displays was a member of the TIPS Cooperative Program and the cost submitted by Core Displays for a 6mm Ultra-High- Resolution sign was $ 61, 785. 00 and funds to pay for the sign would be through the American Rescue Plan Act. She stated the Finance Committee met on Monday, October 28, 2024, and recommended the City Council consider approving the request. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2024- 114, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 114 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE PURCHASE OF AN ELECTRONIC SIGN FOR THE WHARTON CIVIC CENTER FROM CORE DISPLAYS, THROUGH THE TIPS COOPERATIVE PROGRAM AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, The Wharton City Council wishes to approve Core Displays for the purchase of a sign at the Wharton Civic Center in the amount of$ 61, 785. 00; and, WHEREAS, The City of Wharton is a member of and participates in the TIPS Cooperative Program; and, WHEREAS, The Wharton City Council wishes to approve Core Displays for the purchase of an electronic sign in the amount of$ 61, 875. 00 for the Wharton Civic Center; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby authorizes the City Manager of the City of Wharton, Texas, to purchase an electronic sign from Core Displays through the TIPS Cooperative Program for the Wharton Civic Center in the amount of 61, 785. 00. Section II. The Wharton City Council hereby authorizes the City Manager to execute all documents related to the purchase of the equipment. City of Wharton City Council Regular Meeting Minutes- October 28, 2024 Page 8 of 15 Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 28th day of October 2024. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Terry Freese, seconded the motion. All voted in favor. The eighth item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the purchase of an air conditioning unit for the Council Chambers and an air conditioning unit for the City Manager' s Office area of City Hall and authorizing the City Manager of the City of Wharton to execute all documents related to said purchase. Finance Director, Joan Andel, stated the City Staff received quotes for the replacement of an air conditioning unit for the Council Chambers and the City Manager' s office in City Hall. Mrs. Andel said the Council Chamber unit was non- operational and the unit in the City Manager' s Office was manufactured in 1990. She presented quotes were received as follows: Council Chambers City Manager' s Office Roberson Air Conditioning $ 18, 922. 00 8, 574. 00 E. B. Air 19, 995. 00 9, 750. 00 Eldridge A/ C 24, 648. 21 8, 763. 70 Finance Director Andel stated the Finance Committee met on Monday, October 28, 2024, and recommended the City Council consider approving the request. After some discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2024- 115, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 115 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE PURCHASE OF AN AIR CONDITIONING UNIT FOR THE COUNCIL CHAMBERS AND AN AIR CONDITIONING UNIT FOR THE CITY MANAGER' S OFFICE AREA OF CITY  City of Wharton City Council Regular Meeting Minutes- October 28, 2024 Page 9 of 15 HALL AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, The Wharton City Council wishes to approve the purchase of an air conditioning unit for the Council Chambers and an air conditioning unit for the City Manager' s office of City Hall from E.B. Air Conditioning in the amount of$29,745; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby authorizes the City Manager of the City of Wharton, Texas, to execute all documents related to the purchase from E.B. Air Conditioning for an air conditioning unit for the Council Chambers and an air conditioning unit for the City Manager' s office ofCity Hall in the amount of$29,745; II Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 28th day of October 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 ninth item on the agenda was to review and consider a resolution of the Wharton City Council approving an Interlocal Agreement for the Municipally Owned Building Energy Efficiency Retrofits Program with the State Energy Conservation Office ( SECO) and authorizing the City Manager of the City of Wharton to execute all documents related to said agreement. Finance Director, Joan Andel, stated that on July 26, 2024, the City Staff submitted an application to the State Energy Conservation Office ( SECO) for new energy efficiency retrofit equipment for the Wharton Civic Center in the amount of$250, 000. 00. Mrs. Andel said the improvements included six( 6) air conditioning units, the replacement of fourteen( 14) windows, and weatherstripping on approximately six ( 6) doors. She said on August 28, 2024, the Staff was notified that the application PP had been pP approved for fundingg and City tY AttorneyY Paul Webb had reviewed the  City of Wharton City Council Regular Meeting Minutes- October 28, 2024 Page 10 of 15 agreement. After some discussion, Councilmember, Burnell Neal, moved to approve City of Wharton Resolution No. 2024- 108, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 108 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING AN INTERLOCAL AGREEMENT FOR THE MUNICIPALLY OWNED BUILDING ENERGY EFFICIENCY RETROFITS PROGRAM WITH THE STATE ENERGY CONSERVATION OFFICE (SECO) AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AGREEMENT. WHEREAS, On August 28, 2024, the City of Wharton received notification that the application for new energy efficiency retrofit equipment at the Wharton Civic Center from the State Energy Conservation Office had been selected to receive funding in the amount of$250,000; and, I WHEREAS, The Wharton City Council wishes to accept the Interlocal Agreement in the amount of$250,000. 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 Interlocal Agreement for the Municipally Owned Building Energy Efficiency Retrofit Program with the State Energy Conservation Office and authorizes the City Manager of the City of Wharton to execute on behalf of the City of Wharton, all documents related to said agreement. Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 28th day of October 2024. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: City of Wharton City Council Regular Meeting Minutes- October 28, 2024 Page 11 of 15 PAULA FAVORS City Secretary Councilmember, Russell Machann, seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the replacement of the roof and gutters at the Public Works Department from Monument Roofing Systems through the TIPS Cooperative Program and authorizing the City Manager to execute all documents related to said purchase. Finance Director, Joan Andel, stated that on September 17, 2024, the City Staff requested proposals from three roofing vendors for the Public Works Department Roof. Mrs. Andel said that one proposal was received from Monument Roofing Systems in the amount of $ 57, 0000. 00 with an option to remove and replace approximately 300 feet of gutter and downspouts for an additional $ 13, 000. 00. She said Monument Roofing Systems was a vendor in the TIPS Cooperative Program of which the City of Wharton is a member and it was the recommendation of the City Staff to accept the proposal from Monument Roofing Systems and also approve the option of including the gutter and downspouts for the total cost of the project of$ 70, 000. 00. Finance Director Andel stated the money to pay for the project would be funded through the FEMA Alternate River Project; City Attorney, Paul Webb, had reviewed the proposal, and the Finance Committee met on Monday, October 28, 2024, and the recommendation City Council to consider approving the request. After some was for discussion, Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2024- 116, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 116 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE REPLACEMENT OF THE ROOF AND GUTTERS AT THE PUBLIC WORKS DEPARTMENT FROM MONUMENT ROOFING SYSTEMS THROUGH THE TIPS COOPERATIVE PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, A proposal was received for the replacement of the roof and gutters at the Public Works Department; and, WHEREAS, Monument Roofing Systems submitted a proposal in the amount of$ 70, 000. 00; and, WHEREAS, The City of Wharton is a member of and participates in the TIPS Cooperative Purchasing Program; and, WHEREAS, The Wharton City Council wishes to approve Monument Roofing Systems for the replacement of the roof and gutters at the Public Works Department; and, City of Wharton City Council Regular Meeting Minutes- October 28, 2024 Page 12 of 15 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 accept the proposal from Monument Roofing Systems for the roof and gutter replacement at the Public Works Department through the TIPS Cooperative Purchasing Program in the amount of$ 70, 000. 00. SECTION II. The Wharton City Council hereby authorizes the City Manager to execute all documents related to said project. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 28th day of October 2024. CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Larry Pittman, 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 authorizing the City Manager to Docu- Sign the Texas Department of Transportation Airport Project Participation Agreement for design services to rehabilitate Runway 14/ 32 and Taxiway A, B, C, and D at the Wharton Regional Airport. Finance Director, Joan Andel stated that on June 10, 2024, the City Council approved Resolution 2024- 55 authorizing the Mayor to submit a Letter of Intent for the City of Wharton' s Participation in the Texas Department of Transportation Aviation Division Capital Improvement Program for funding cost for design and rehabilitation of the Runway, Parallel Alpha, and Connector Taxiways to include construction phase services. Mrs. Andel said the City Staff received an Airport Project Participation Agreement from the Texas Department of Transportation requesting the City Manager to Docu-Sign the agreement which states the amount estimated from the City was $ 17, 500. 00 which was ten ( 10) percent of the total projected cost of the design,$ 175, 000. 00. Finance Director, Joan Andel, stated the maximum obligation of the United States payable under this offer for the design services would be $ 157, 500. 00 or ninety ( 90) percent of $ 175, 000. 00. Mrs. Andel said any amount over City of Wharton City Council Regular Meeting Minutes- October 28, 2024 Page 13 of 15 175, 000. 00 total cost would be the City' s responsibility. She said the agreement further stated during the design phase, that if the estimated eligible construction project costs exceed 2, 600, 000. 00, the City may request the State to void the agreement. Finance Director Andel stated this request must be made in writing, dated, and if required by the State, the City shall reimburse the State for funds expended on the project and shall assume responsibility for any future expenses for contracted services or materials related to the project prior to the request by the City to void the agreement. She said City Attorney, Paul Webb, had reviewed the agreement and recommended the City Council consider approving it to allow the City Manager to Docu- Sign the agreement. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2024- 117, which read as follows: CITY OF WHARTON RESOLUTION NO. 2024- 117 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE CITY MANAGER TO DOCU- SIGN THE TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT FOR DESIGN SERVICES TO REHABILITATE RUNWAY 14/ 32 AND TAXIWAY A, B, C, AND D AT THE WHARTON REGIONAL AIRPORT. WHEREAS, On June 10, 2024, the City Council approved Resolution 2024- 55 authorizing the Mayor to submit a letter of intent for the City of Wharton' s Participation in the Texas Department of Transportation Aviation Division Capital Improvement Program for funding cost for design and rehabilitation of the runway, Parallel Alpha, and Connector Taxiways to include construction phase; and, WHEREAS, The City of Wharton has received from the Texas Department of Transportation an Airport Project Participation Agreement requesting the agreement for design services to rehabilitate Runway 14/ 32 and taxiway A, B, C, and D at the Wharton Regional Airport, to be Docu- Signed by the City Manager; and, WHEREAS, Total for the design phase are estimated to be $ 175, 000. 00, and the project costs City of Wharton would be responsible for 10% which is currently estimated to be 17, 500. 00. The City of Wharton would also be responsible for any amount over the estimated cost of$ 175, 000. 00 for the design; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to Docu- Sign the Project Participation Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. That the Wharton City Council hereby authorizes the City Manager of the City of Wharton to Docu- Sign the Project Participation Agreement. City of Wharton City Council Regular Meeting Minutes- October 28, 2024 Page 14 of 15 Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this the 280' day of October 2024. CITY OF WHARTON 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 an update of City of Wharton Grant Programs. Planning and Development Director Gwyn Teves presented an update. After some discussion, no action was taken. The thirteenth item on the agenda was to review and consider an update on the City of Wharton's ongoing projects. City Manager Joseph R. Pace presented an update on the City of Wharton' s ongoing Projects. After some discussion, no action was taken. The fourteenth item on the agenda was to review and consider appointments, resignations, and vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. B. Appointments. C. Vacancies. After some discussion, Councilmember, Russell Machann, moved to appoint the following: B. Appointments Mayors Committee on People with Disabilities Term Ending: Karen Smith June 30, 2026 Councilmember, Burnell Neal, seconded the motion. All voted in favor. The fifteenth item on the agenda was to review and consider the City Council Boards, Commissions, and Committee Reports: City of Wharton City Council Regular Meeting Minutes- October 28, 2024 Page 15 of 15 A. Finance Committee meeting held October 14, 2024. After some discussion, no action was taken. The sixteenth 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. E. M. S. Department. F. Fire Department. G. Legal Department. H. Municipal Court. 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: 28 p. m. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor AT E PA LA FAVORS Ci Secretary