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City Council Regular Meeting

Regular Meeting

Wharton, TX · March 24, 2025

AgendaPacketMinutes

Minutes

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING MARCH 24, 2025 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; Burnell Neal; Steve Schneider; Russell Machann; Larry Pittman, and David Voulgaris. Councilmember absent was: None. Staff members present were: City Manager, Joseph R. Pace; Finance Director, Joan Andel; Paula Favors, TRMC, CPM, MMC; Director of Planning and Development, Gwyn Teves, CPM; Assistant to the City Manager, Brandi Jimenez; Police Chief, Terry David Lynch; Civic Center Manager, Makyla Monroe; Emergency Management Coordinator, LT. Ben Guanajuato, and Public Works Director, Roderick Semien. Visitors present were: Ryan Salazar, Thelma Hayes, Susie Carlson, and Colby Primeaux with the Wharton County Leader Journal. Roll Call and Excused Absences. All Councilmembers were present. Public Comments. Mayor Tim Barker called for Public Comments. No comments were given. Wharton Moments. Mayor Tim Barker called for Wharton Moments. No comments were given. Review and Consider: The first item on the agenda was to review and consider the City of Wharton Financial Report for February 2025. Finance Director Joan Andel presented the City of Wharton Financial Report for February 2025.After some discussion, Councilmember Russell Machann moved to approve the City of Wharton Financial Report. Councilmember David Voulgaris seconded the motion. All voted in favor. The second item on the agenda was to review and consider a request from Ms. Thelma Hayes to address the City Council regarding concerns within the City. Ms. Hayes presented her list of issues to the City Council. After some discussion, no action was taken. City of Wharton City Council Regular Meeting Minutes- March 24, 2025 Page 2 of 15 The third item on the agenda was to review and consider the Wharton Municipal Swimming Pool: A. Approval of the 2025 Pool Schedule. Civic Center Manager Makyla Monroe presented a copy of a memorandum from herself, providing the 2025 Wharton Municipal Swimming Pool Applications, Fees, and Schedule. After some discussion, Councilmember Terry Freese moved to approve the 2025 Pool Schedule. Councilmember Steve Schneider seconded the motion. All voted in favor. B. Resolution: A resolution of the Wharton City Council approving the 2025 Wharton Swim Team Agreement for the use of the Wharton Municipal Swimming Pool and authorizing the City Manager to execute the agreement. Ms. Monroe presented a copy of the draft agreement with the Wharton Swim Team for the use of the Wharton Municipal Swimming Pool. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2025- 20, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 20 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE 2025 WHARTON SWIM TEAM AGREEMENT FOR THE USE OF THE WHARTON MUNICIPAL SWIMMING POOL AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE THE AGREEMENT. WHEREAS, The Wharton Swim Team wishes to utilize the Wharton Municipal Pool for practices; and, WHEREAS, The City of Wharton and the Wharton Swim Team wishes to enter into an agreement for the use of the Wharton Municipal Pool; and, WHEREAS, The City of Wharton and Wharton Swim Team wishes to be bound by the conditions set forth in said agreement; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute the agreement. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS THAT: Section I. The City Council hereby approves an agreement between the City of Wharton and the Wharton Swim Team for the use of the Wharton Municipal Pool. City of Wharton City Council Regular Meeting Minutes- March 24, 2025 Page 3 of 15 Section II. The City of Wharton and the Wharton Swim Team are hereby bound by the conditions set forth in the agreement. Section III. The City of Wharton hereby authorizes the City Manager of the City of Wharton to execute the agreement. Section IV. This resolution will become effective immediately upon its passage. Passed, Approved, and Adopted this 24th day of March 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Burnell Neal seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider the proposed City of Wharton Write- Offs: A. City of Wharton EMS. Finance Director Joan Andel presented a copy of her memorandum dated March 19, 2025, recommending the write-offs for the EMS accounts. B. Utilities. Finance Director Joan Andel presented a copy of her memorandum dated March 19, 2025, that indicated the Utility Department' s request for the uncollected balances for the Fiscal Year 2023- 2024 to be written off due to non-payment. Mrs. Andel stated the City Council Finance Committee met on Monday, March 24, 2025, and recommended the City Council consider approving the proposed write- offs for the EMS and Utility Departments. After some discussion, Councilmember Russell Machann moved to approve the City of Wharton Write- Offs for the City of Wharton EMS and Utilities as presented. Councilmember Burnell Neal seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider a resolution of the Wharton City Council rescinding Resolution No. 2024- 129 and approving the purchase of a 2024 Caterpillar CB2. 7 Utility Compactor from Mustang Caterpillar through the Sourcewell Cooperative Purchasing City of Wharton City Council Regular Meeting Minutes- March 24, 2025 Page 4 of 15 Program and authorizing the City Manager to execute all documents related to said purchase. Public Works Director Roderick Semien presented a copy of a quote for the purchase of a 2024 Caterpillar CB2. 7 Utility Compactor from Mustang Caterpillar. Mr. Semien stated the equipment would replace the 2024 Caterpillar C132. 9, which was approved on November 24, 2024. He said that the City was unable to have the previously approved equipment delivered timely to comply with the deadline for reimbursement for the FEMA Alternate River Project Funds. Director Semien stated the replacement equipment would cost $ 57, 808. 87, which was slightly below the original approved cost. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2025- 21, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 21 A RESOLUTION OF THE WHARTON CITY COUNCIL RESCINDING RESOLUTION NO. 2024- 129 AND APPROVING THE PURCHASE OF A 2024 CATERPILLAR CB2. 7 UTILITY COMPACTOR FROM MUSTANG CATERPILLAR THROUGH THE SOURCEWELL COOPERATIVE PURCHASING PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, The Wharton City Council wishes to rescind Resolution No. 2024- 129 and approve the purchase of a 2024 Caterpillar C132. 7 Utility Compactor for the Public Works Department; and, WHEREAS, The City of Wharton is a member of and participates in the Sourcewell Cooperative Purchasing Program; and, WHEREAS, Mustang Caterpillar submitted a quote in the amount of$ 57, 808. 87; and, WHEREAS, The Wharton City Council wishes to approve Mustang Caterpillar for the purchase of a 2024 Caterpillar C132. 7 Utility Compactor in the amount of $57, 808. 87 for the Public Works Department; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute all documents related to said purchase. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby rescinds Resolution No. 2024- 129 and authorizes the City Manager to purchase a 2024 Caterpillar C132. 7 Utility Compactor for the Public Works Department from Mustang Caterpillar through the Sourcewell Cooperative Purchasing Program in the amount of$ 57, 808. 87. SECTION U. The Wharton City Council hereby authorizes the City Manager to execute all documents related to the purchase. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 24th day of March 2025. City of Wharton City Council Regular Meeting Minutes- March 24, 2025 Page 5 of 15 CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Burnell Neal seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider a request from Chief of Police Terry Lynch regarding the 7th Annual Cops ` n Rodders Car Show for the following: A. Waive all fees associated with renting the Wharton Civic Center. B. Allow participants and spectators to utilize restroom facilities in the Civic Center. C. Allow the use of food trucks/ vendors and waive permit fees. D. Allow the consumption of alcoholic beverages on the outdoor premises of the Civic Center. E. Allow the Police Department to close the roadway of University Street from Fulton Street to the entrance of the Department of Human Services Driveway prior to and throughout the duration of the event( 8: 00 a. m.— 4: 00 p. m.). F. Use of the blue trash cans and liners from the Parks Department. G. Have the street sweeper sweep the parking area of the Civic Center on April 25, 2025. H. Should it rain, allow the potential fallback day on April 27, 2025. Chief Terry David Lynch presented a copy of a memorandum from himself regarding the 7th Annual Cops ` n Rodders Car Show on April 26, 2025, at the Wharton Civic Center. Chief Lynch stated the request was the same as the previous years. After some discussion, Councilmember Terry Freese moved to approve the aforementioned items A. through H. Councilmember Larry Pittman seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider a resolution of the Wharton City Council approving a contract for secondary Disaster Debris Removal Monitoring and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. Emergency Management Coordinator Lt. Ben Guanajuato stated that on August 13, 2024, the City of Wharton received sealed bids for disaster debris removal monitoring. Lt. Guanajuato said that on August 26, 2024, the City Council approved, by resolution, that Tetra Tech would be the secondary disaster debris removal monitoring company for the City of Wharton, and due to communication issues, the contract did not get signed. He said that Tetra Tech had requested a contract modification to ensure that if they get deployed and begin mobilizing their equipment and personnel, and if the City cancels, they would be reimbursed for mobilizing and deploying their City of Wharton City Council Regular Meeting Minutes- March 24, 2025 Page 6 of 15 equipment and personnel. After some discussion, Councilmember Larry Pittman moved to approve City of Wharton Resolution No. 2025- 22, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 22 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A CONTRACT FOR SECONDARY DISASTER DEBRIS REMOVAL MONITORING AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, The City of Wharton received sealed bids for Disaster Debris Removal Monitoring on August 13, 2024; and, WHEREAS, On August 26, 2024, the Wharton City Council approved Resolution No. 2024- 82 awarding a contract to Tetra Tech for secondary Disaster Debris Removal Monitoring; and, WHEREAS, Modifications were made to the contract by Tetra Tech; and, WHEREAS, The Wharton City Council wishes to approve a contract between the City of Wharton and Tetra Tech for secondary Disaster Debris Removal Monitoring; and, WHEREAS, The City of Wharton and Tetra Tech wish to be bound by the conditions set forth in the contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby approves a contract between the City of Wharton and Tetra Tech for secondary Disaster Debris Removal Monitoring. Section 1I. The Wharton City Council hereby approves to authorize the Mayor of the City of Wharton to execute the contract. Section III. The City of Wharton and Tetra Tech are hereby bound by the conditions set forth in the contract. Section IV. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 24th day of March 2025. CITY OF WHARTON By: TIM BARKER City of Wharton City Council Regular Meeting Minutes- March 24, 2025 Page 7 of 15 Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Burnell Neal seconded the motion. All voted in favor. The eighth item on the agenda was to view and consider a resolution of the Wharton City Council adopting Municipal Court Standard Operating Procedures and Security Plan. Lt. Ben Guanajuato stated the Wharton Municipal Court Security Committee developed Municipal Court Standard Operating Procedures ( SOP) and a Security Plan for the Municipal Court. Lt. Guanajuato said the purpose of this SOP was to establish guidelines and procedures for the decorum and security of the Municipal Court. He said the Wharton Police Department provided officers to serve as bailiffs for the Municipal Court to ensure the security of the court and the protection of personnel and visitors. After some discussion, Councilmember Larry Pittman moved to approve City of Wharton Resolution No. 2025- 23, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 23 A RESOLUTION OF THE WHARTON CITY COUNCIL ADOPTING MUNICIPAL COURT STANDARD OPERATING PROCEDURES AND SECURITY PLAN. WHEREAS, The Wharton Municipal Court Security Committee developed Municipal Court Standard Operating Procedures and Security Plan for the Municipal Court; and, WHEREAS, The Municipal Court Standard Operating Procedures and Security Plan are attached as Exhibit A; and, WHEREAS, The Wharton City Council wishes to adopt the Municipal Court Standard Operating Procedures and Security Plan for the Municipal Court. 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 and adopts the Municipal Court Standard Operating Procedures and Security Plan as attached in Exhibit A. City of Wharton City Council Regular Meeting Minutes- March 24, 2025 Page 8 of 15 Section H. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 24th day of March 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Steve Schneider seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider an ordinance of the City of Wharton, Texas, amending the established boundaries of single-member District 1 for the purpose of incorporating newly annexed areas into said district and providing for an effective date. City Secretary Paula Favors stated that due to the Wharton Lakes subdivision being annexed into the City and the upcoming Election having registered voters moving into the recently built homes, there had come a need to add them to one of the single- member City Council Districts. City Secretary Favors said she contacted Alan at Bojorquez Law Firm to see if the City needed a redistricting procedure to include the new neighborhood, and he advised that it was typical ( and appropriate) to pass an ordinance amending the Single Member District map to include the new subdivision. She said Attorney Rezzin Pullum assisted her with the ordinance and informed her that District 1 had room to include these new voters in the district, and since it was contingent on District 1, it should be included. City Attorney Paul Webb had reviewed the Ordinance and recommended City Council approve the request. After some discussion, Councilmember the Russell Machann moved to approve City of Wharton Ordinance No. 2025- 05, which read as follows: CITY OF WHARTON ORDINANCE NO. 2025- 05 AN ORDINANCE OF THE CITY OF WHARTON, TEXAS, AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE- MEMBER DISTRICT 1 FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE. City of Wharton City Council Regular Meeting Minutes- March 24, 2025 Page 9 of 15 WHEREAS, The City Council finds the City of Wharton is a Home Rule Municipal Corporation operating under a Municipal Charter that has been adopted as authorized by Article XI, Section 5 of the Texas Constitution; and, WHEREAS, The City Council finds, pursuant to the City of Wharton Charter, Article 1, Sec. 9 entitled " Extending and fixing city limits by ordinance as restricted by law," the City Council shall have the power, after public hearing, fixing the boundaries of the City of Wharton and to annex additional territory by ordinance; and, WHEREAS, The City Council finds that on January 8, 2024, the City Council adopted Ordinance 2024- 01, respectively, annexing certain areas into the City of Wharton; and, WHEREAS, The City Council finds it is necessary to incorporate such areas into a single- member district within the City of Wharton in order to ensure future new residents the right to vote. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: Section 1: Recitals Incorporated. The recitals set forth above are incorporated into the body of this Ordinance as findings of the City Council as fully set forth herein. Section 2: Designation of Established Boundaries. The boundaries of Single Member District 1 are hereby amended as set forth in Exhibit A attached hereto and incorporated herein by reference for all purposes and as outlined in Ordinance# 2024- 01. Section 3: Necessary Actions. The Mayor and the City Clerk, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary or appropriate to comply with the provisions of the Wharton Code of Ordinances, the Texas Election Code, and any other Texas State or federal law in carrying out the designation of established single- member district boundaries for District 1, as amended, whether or not expressly authorized herein and all such actions of City officials previously taken for said purposes are hereby ratified. Section 4: Severability. If any clause or provision of this ordinance shall be deemed to be unenforceable for any reason, such unenforceable clause or provision shall be severed from the remaining portion of the ordinance, which shall continue to have full force and effect. Section 5: Repeal. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. Section 6: Effective Date. Pursuant to Section 3. 12 of the City Charter, this ordinance is effective upon adoption, except that every ordinance imposing any penalty, fine or City of Wharton City Council Regular Meeting Minutes- March 24, 2025 Page 10 of 15 forfeiture shall become effective only after having been published once in its entirety, or a caption that summarizes the purpose of the ordinance and the penalty for violating the ordinance in a newspaper designated as the official newspaper of theCity. An ordinance required by the Charter to be published shall take effect when the publication requirement is satisfied. PASSED, APPROVED, AND ADOPTED on first and final reading by an affirmative vote of the City Council of the City of Wharton, this 24th day of March 2025. THE CITY OF WHARTON, TEXAS TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Larry Pittman seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider the Wharton Municipal Court: A. Resolution: A resolution of the Wharton City Council adopting a Youth Diversion Plan for the Wharton Municipal Court; and authorizing the Mayor of the City of Wharton to execute all documents. B. Resolution: A resolution of the Wharton City Council approving a Memorandum of Understanding on behalf of the Wharton Municipal Court and the Wharton Police Department providing services through a Youth Diversionary Agreement; and authorizing the Mayor of the City of Wharton to execute all documents. City Secretary Paula Favors stated that Texas House Bill 3186 required the adoption of a youth diversion plan for every municipal and justice court, which would allow the judge to assign voluntary work to the child. Mrs. Favors said the Court may designate a youth diversion coordinator to assist in various responsibilities related to youth diversion, and one of those can be a peace officer. She said the Court would like to enter into a Memorandum of Understanding with the Wharton Police Department to allow Lt. Ben Guanajuato, who served as the Court' s bailiff, to act as the youth diversion coordinator. City Secretary Favors stated that Lt. Guanajuato would be responsible for overseeing and assigning the voluntary work of the child. Mrs. Favors said City City of Wharton City Council Regular Meeting Minutes- March 24, 2025 Page 11 of 15 Attorney Paul Webb had reviewed the Youth Diversion Plan and the M.O. U. with a youth diversion coordinator and recommended the City Council consider the request. After approving some discussion, Councilmember Larry Pittman moved to approve City of Wharton Resolution No. 2025- 24 and 2025- 25, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 24 A RESOLUTION OF THE WHARTON CITY COUNCIL ADOPTING A YOUTH DIVERSION PLAN FOR THE WHARTON MUNICIPAL COURT; AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS. WHEREAS, Texas House Bill 3186 requires the adoption of a Youth Diversion Plan for every municipal and justice court; and, WHEREAS, The Wharton Municipal Court would like to adopt a Youth Diversion Plan as described in Attachment" A"; and, WHEREAS, The Wharton City Council wishes to authorize and adopt the Youth Diversion Plan as presented. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby adopts the Wharton Municipal Court Youth Diversion Plan. Section II. That this resolution shall become effective immediately upon its passage. h Passed, Approved, and Adopted this 24 day of March 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary CITY OF WHARTON RESOLUTION NO. 2025- 25 City of Wharton City Council Regular Meeting Minutes- March 24, 2025 Page 12 of 15 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE WHARTON MUNICIPAL COURT AND THE WHARTON POLICE DEPARTMENT PROVIDING SERVICES THROUGH A YOUTH DIVERSIONARY AGREEMENT; AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS. WHEREAS, Texas House Bill 3186 requires the adoption of a Youth Diversion Plan for every municipal and justice court; and, WHEREAS, The City of Wharton and the Wharton Municipal Court would like to partner together with the Wharton Police Department to name Lt. Ben Guanajuato as the Youth Diversion Coordinator; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute said memorandum of understanding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute a Memorandum of Understanding with the Wharton Police Department on behalf of the Wharton Municipal Court. Section II. The City of Wharton hereby authorizes Lt. Ben Guanajuato to be named as the Youth Diversion Coordinator. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 24th day of March 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember David Voulgaris seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- March 24, 2025 Page 13 of 15 The eleventh item on the agenda was to review and consider the City Manager Reimbursement. City Manager Joseph R. Pace presented a copy of his City Manager Reimbursement request. After some discussion, Councilmember Burnell Neal moved to approve the City Manager Reimbursement. Councilmember Larry Pittman seconded the motion. All voted in favor. The twelfth item on the agenda to review and consider was the CDM21- 0262 Downtown Sidewalks: A. Resolution: A resolution of the Wharton City Council ratifying and approving Change Order No. 1 for a cost decrease with Staff Construction for the Downtown Sidewalk Project Contract # CDM21- 0262 and authorizing the Mayor to execute all documents related to said change order. B. Pay Request No. 1 and Final from Staff Construction for the CDM21- 0262 Downtown Sidewalks. Director of Planning& Development Gwyn Teves stated the City Council was awarded a contract for construction to Staff Construction for the TDA Downtown Sidewalks Contract # CDM21- 0262. Director Teves presented a copy of Change Order No. 1 for a reduction of the total contract amount in the amount of$ 44, 806. 00 after the final completion of the project and walkthrough of the project. She said the ratification was necessary due to the project closeout of the grant deadline being before the meeting. Mrs. Teves stated it was the City Staff s recommendation that the City Council approve both Change Order No. 1 and Pay Estimate No. 1 for $ 290, 593. 00 and issue payment. After some discussion, Councilmember Russell Machann moved to approve Pay Request No. 1 and Final from Staff Construction for the CDM21- 0262 Downtown Sidewalks and City of Wharton Resolution No. 2025- 26, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 26 A RESOLUTION OF THE WHARTON CITY COUNCIL RATIFYING AND APPROVING CHANGE ORDER NO. 1 FOR A COST DECREASE WITH STAFF CONSTRUCTION FOR THE DOWNTOWN SIDEWALK PROJECT CONTRACT # CDM21- 0262 AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAID CHANGE ORDER. WHEREAS, The Wharton City Council wishes to ratify and approve Change Order No. 1 for the cost decrease of $44, 806. 00 with Staff Construction for the Downtown Sidewalk Project Contract# CDM21- 0262; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor to execute all documents related to the Change Order. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: City of Wharton City Council Regular Meeting Minutes- March 24, 2025 Page 14 of 15 Section I. The Wharton City Council hereby ratifies and approves Change Order No. 1 for the cost decrease of $44, 806. 00 with Staff Construction for the Downtown Sidewalk Project Contract# CDM21- 0262. Section II. The Wharton City Council hereby authorizes the Mayor to execute all documents related to the change order. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 20 day of March 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Larry Pittman seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider an update of the City of Wharton Grant Programs. Planning and Development Director Gwyn Teves presented an update on the City of Wharton Grant Programs. After some discussion, no action was taken. The fourteenth item on the agenda was to review and consider an update 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 fifteenth item on the agenda was to review and consider Appointments, Resignations, and Vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. B. Appointments. C. Vacancies. After some discussion, no action was taken. The sixteenth item on the agenda was to review and consider Department Head Reports: City of Wharton City Council Regular Meeting Minutes- March 24, 2025 Page 15 of 15 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: 30 p.m. CITY OF WHARTON, TEXAS By: _" L - TIM BARKER Mayor A T T: u PA LA FAVORS City Secretary r

Agenda

CITY OF WHARTON CITY COUNCIL REGULAR MEETING Monday, March 24, 2025 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, March 24, 2025, 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 20th day of March 2025. 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 March 20, 2025, 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 20th day of March 2025. CITY OF WHARTON By: Paula Favors City Secretary AGENDA CITY OF WHARTON City Council Regular Meeting Monday, March 24, 2025 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 February 2025. 2. Request from Ms. Thelma Hayes to address the City Council regarding concerns within the City. 3. Wharton Municipal Swimming Pool: A. Approval of the 2025 Pool Schedule. B. Resolution: A resolution of the Wharton City Council approving the 2025 Wharton Swim Team Agreement for the use of the Wharton Municipal Swimming Pool and authorizing the City Manager to execute the agreement. 4. Proposed City of Wharton Write-Offs: A. City of Wharton EMS. B. Utilities. 5. Resolution: A resolution of the Wharton City Council rescinding Resolution 2024-129 and approving the purchase of a 2024 Caterpillar CB2.7 Utility Compactor from Mustang Caterpillar through the Sourcewell Cooperative Purchasing Program and authorizing the City Manager to execute all documents related to said purchase. 6. Request from Chief of Police Terry Lynch regarding the 7th Annual Cops ‘n Rodders Car Show for the following: A. Waive all fees associated with renting the Wharton Civic Center. B. Allow participants and spectators to utilize restroom facilities in the Civic Center. C. Allow the use of food trucks/vendors and waive permit fees. D. Allow the consumption of alcoholic beverages on the outdoor premises of the Civic Center. E. Allow the Police Department to close the roadway of University Street from Fulton Street to the entrance of the Department of Human Services Driveway prior to and throughout the duration of the event (8:00 a.m. – 4:00 p.m.). F. Use of the blue trash cans and liners from the Parks Department. G. Have the street sweeper sweep the parking area of the Civic Center on April 25, 2025. H. Should it rain, allow the potential fallback day on April 27, 2025. 7. Resolution: A resolution of the Wharton City Council approving a contract for secondary Disaster Debris Removal Monitoring and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. 8. Resolution: A resolution of the Wharton City Council adopting Municipal Court Standard Operating Procedures and Security Plan. 9. Ordinance: An ordinance of the City of Wharton, Texas, amending the established boundaries of single-member District 1 for the purpose of incorporating newly annexed areas into said district and providing for an effective date. 10. Wharton Municipal Court: A. Resolution: A resolution of the Wharton City Council adopting a Youth Diversion Plan for the Wharton Municipal Court; and authorizing the Mayor of the City of Wharton to execute all documents. B. Resolution: A resolution of the Wharton City Council approving a Memorandum of Understanding on behalf of the Wharton Municipal Court and the Wharton Police Department providing services through a Youth Diversionary Agreement; and authorizing the Mayor of the City of Wharton to execute all documents. 11. City Manager Reimbursement. 12. CDM21-0262 Downtown Sidewalks: A. Resolution: A resolution of the Wharton City Council ratifying and approving Change Order No. 1 for a cost decrease with Staff Construction for the Downtown Sidewalk Project Contract #CDM21-0262 and authorizing the Mayor to execute all documents related to said change order. B. Pay Request No. 1 and Final from Staff Construction for the CDM21-0262 Downtown Sidewalks. 13. Update of City of Wharton Grant Programs. 14. Update on the City of Wharton's ongoing projects. 15. Appointments, Resignations, and Vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. B. Appointments. C. Vacancies. 16. 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. Adjournment.

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