City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING APRIL 14, 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 Burnell Neal led the opening devotion, and Mayor Tim Barker led the pledge of allegiance. Councilmembers present were: Mayor Tim Barker, Councilmembers Freese, Terry Burnell Neal, Steve Schneider, Larry Pittman, Russell Machann, and David Voulgaris. Councilmember absent was: None. Staff members present were: City Manager, Joseph R. Pace; City Secretary/ Assistant City Manager, Paula Favors, CPM, TRMC, MMC; City Attorney, Paul Webb; Finance Director, Joan Andel; Director of Planning and Development, Gwyn Teves, CPM, Assistant to the City Manager, Brandi Jimenez, Building Official, Claudia Velasquez, EMS Director, Christy Gonzales, Emergency Management Coordinator, Ben Guanajuato, and Court Clerk, Cala Brake. Visitors present were: Wharton Chamber of Commerce Executive Director, Karen Smith, Larry Sitka, Ryan Salazar and Colby Primeaux with the Wharton Journal Spectator. Roll Call and Excused Absences. All Councilmembers were present. Public Comments. Mayor Tim Baker called for the Public Comments. No comments were made. Wharton Moment. Mayor Tim Baker called for the Wharton Moment. Mayor Barker stated that longtime City of Wharton Police Chief Jack Kemp passed away. Mayor Barker wished condolences to his family. Proclamation Mayor Tim Barker presented the following Proclamations: 1. Proclamation: Public Safety Telecommunicators Week. CITY OF WHARTON  City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 2 of 22 OFFICE OF THE MAYOR PROCLAMATION Public Safety Telecommunicators Week Proclamation April 13th- 19th, 2025 WHEREAS, emergencies can occur at an y time that requires qu res police, fire, or emergency medical services, and; WHEREAS, when an emergency occurs, the prompt response of police officers, volunteer firefighters, and emergency medical services is critical to the protection of life and preservation of property, and; WHEREAS, the safety of our police officers, emergency medical services, and volunteer firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Emergency Communications Center of the Wharton Police Department, and; WHEREAS, Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services, and; WHEREAS, Public Safety Telecommunicators are the single vital link for our police officers, emergency medical service, and volunteer firefighters by monitoring their activities by radio, providing them information and ensuring their safety, and; WHEREAS, Public Safety Telecommunicators of the Wharton Police Department have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients, and; WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their job in the past year. NOW, THEREFORE BE IT RESOLVED, I, Tim Barker, Mayor of the City of Wharton, in recognition of this event do hereby proclaim the week of April 13` h- 19t", 2025, in the City of Wharton as: PUBLIC SAFETY TELECOMMUNICATORS WEEK" In honor of the men and women whose diligence and professionalism keep our City, County, and nation safe. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Wharton to be affixed this 14th day of April, in the year of our Lord two thousand twenty- five A. D. City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 3 of 22 2. Proclamation: Fair Housing. CITY OF WHARTON OFFICE OF THE MAYOR PROCLAMATION WHEREAS, Title VIII of the Civil Rights Act of 1968, as amended, prohibits discrimination in housing and declares it is a national policy to provide, within constitutional limits, for fair housing in the United States; and, WHEREAS, The principal of Fair Housing is not only national law and national policy, but a fundamental human concept and entitlement for all Americans; and, WHEREAS, The anniversary of this National Fair Housing Law, during the month of April, provides an opportunity for all Americans to recognize that complete success in the goal of equal housing opportunity can only be accomplished with the help and cooperation of all Americans. NOW, THEREFORE BE IT RESOLVED, I, Tim Barker, by the authority vested in me as Mayor of the City of Wharton, Texas, do hereby proclaim The Month of April as Fair Housing Month" in the City of Wharton and hereby urge all the citizens of this locality to become aware of and support the Fair Housing Law. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Wharton to be affixed this 14th day of April in the year of our Lord two thousand twenty- five A.D. Review and Consider: The first item on the agenda was to review and consider the reading of the minutes from the regular meetings held on March 10, 2025, and March 24, 2025. After some discussion, Councilmember Russell Machann moved to approve the reading of the minutes from the regular meetings held March 10, 2025, and March 24, 2025. Councilmember Larry Pittman seconded the motion. All voted in favor. The second item on the agenda was to review and consider the City of Wharton Annual Financial Report for Fiscal Year October 1, 2022, to September 30, 2023. Finance Director Joan Andel presented the City of Wharton Annual Financial Report for Fiscal Year October 1, 2022, to September 30, 2023. After some discussion, Councilmember Russell Machann moved to approve the City of Wharton Annual Financial Report for Fiscal Year October 1, 2022, to September 30, 2023. Councilmember Terry Freese seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 4 of 22 The third item on the agenda was to review and consider an ordinance approving an Amendment to the City of Wharton, Texas, Budget for the 2023- 2024 Fiscal Year. Finance Director, Joan Andel, presented a copy of a memorandum regarding the amendment to the City of Wharton, Texas, Budget for the 2023- 2024 Fiscal Year. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Ordinance No. 2025- 06, which read as follows: CITY OF WHARTON, TEXAS ORDINANCE NO. 2025- 06 AN ORDINANCE APPROVING AN AMENDMENT TO THE CITY OF WHARTON, TEXAS, BUDGET FOR THE 2023- 2024 FISCAL YEAR. WHEREAS, The City Council of the City of Wharton, Texas, finds and determines it necessary to revise the 2023- 2024 Budget to better reflect actual revenues and expenditures in operations and activities during the fiscal year; and, WHEREAS, The City Council finds and determines that these adjustments to the Budget are for municipal purposes. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Wharton, Texas that the 2023- 2024 Budget be amended as per Attachment" A"; and is adopted by the following favorable majority of votes of the members of the City Council of the City of Wharton, Texas in a duly assembled city council meeting by the following majority: Burnell Neal Voted Yes Steven Schneider Voted Yes Councilmember District No. 1 Councilmember District No. 2 Terry Freese Voted Yes David Voulgaris Voted Yes Councilmember District No. 3 Councilmember District No. 4 Russell Machann Voted Yes Larry Pittman Voted Yes Councilmember at Large No. 5 Councilmember at Large No. 6 Tim Barker Voted Yes Mayor Separability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed to be a distinct and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. Passage and Approval City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 5 of 22 PASSED AND APPROVED by the City Council of the City of Wharton, Texas, this 14th day of April 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: ADMISSION: PAUL WEBB JOAN ANDEL City Attorney Director of Finance Councilmember David Voulgaris seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a request from Mr. Gilbert Trevino and Ms. Brenda Chavana for a temporary variance of Chapter 38- Manufactured Housing, Mobile Homes and Travel Trailers; Article II-Requirements Concerning Mobile Homes, Manufactured Housing and Travel Trailers; Division 3- Recreational Vehicles. Director of Planning & Development Gwyn Teves presented a copy of a request from Mr. Gilbert Trevino and Ms. Brenda Chavana for a temporary variance of Chapter 38- Manufactured Housing, Mobile Homes and Travel Trailers; Article II- Requirements Concerning Mobile Homes, Manufactured Housing and Travel Trailers; Division 3- Recreational Vehicles. Mrs. Teves stated Mr. Trevino and Ms. Chavana were requesting the variance to allow the placement and potential occupancy of a travel trailer at 425 Kinkaid Avenue to be used as temporary housing for a period not to exceed the final day of 2025. She said the residents suffered a devastating house fire and were in the process of making repairs to the home as funds allow, and they were requesting to be able to remain on the property to do the work and prevent any vandalism or theft while the home was not occupied. Director Teves stated the recommendation would be for Mr. Trevino and Ms. Chavana to come back before the City Council if an extension was needed past six months. After some discussion, Councilmember Burnell Neal moved to approve the request from Mr. Gilbert Trevino and Ms. Brenda Chavana for a temporary variance of Chapter 38- Manufactured Housing, Mobile Homes and Travel Trailers; Article II-Requirements Concerning Mobile Homes, Manufactured Housing and Travel Trailers; Division 3- Recreational Vehicles for a six- month period ending October 14, 2025. Councilmember Terry Freese seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 6 of 22 The fifth item on the agenda was to review and consider a request from Mr. Ryan Moeckel with McKim & Creed to review and consider the plat for Phase 2 of the Wharton Lakes Subdivision Abstract 36, Tracts 24- 1, 24- 2, 24- 3, 24- 5, 24- 6 & 24 C. Director of Planning & Development Gwyn Teves stated the Planning Commission met on Monday, April 7, 2025 and were recommending the City Council consider approving the request from Mr. Ryan Moeckel with McKim & Creed to review and consider the plat for Phase 2 of the Wharton Lakes Subdivision Abstract 36, Tracts 24- 1, 24- 2, 24- 3, 24- 5, 24- 6 & 24 C. After some discussion, Councilmember Russell Machann moved to approve the request from Mr. Ryan Moeckel with McKim& Creed to review and consider the plat for Phase 2 of the Wharton Lakes Subdivision Abstract 36, Tracts 24- 1, 24- 2, 24- 3, 24- 5, 24- 6 & 24 C. Councilmember Steve Schneider seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider a second request from Mr. Larry Sitka, for( 1) a front setback variance on Fulton St. of 25' from the required 50', ( 2) a variance to allow more than 1 free- standing commercial sign on the same property, and( 3) have a separation of less than 500 feet between off- premise signs on the of a public street. same side Planning and Development Director Gwyn Teves stated that on October 14, 2024, Mr. Larry Sitka came before the City Council requesting a variance for the following: 1. A front setback variance on Fulton St. of 25' from the required 50'. 2. A variance to allow more than 1 free- standing commercial sign on the same property. 3. To have a separation of less than 500 feet between off-premise signs on the same side of a public street. Director Teves said the Planning Commission met, and a motion was made to recommend that the Council not approve the request from Mr. Sitka, however, the item did not have a second. She said that during the City Council meeting, it was recommended that Mr. Sitka get an opinion from TXDOT regarding his request, and a motion was made and seconded to deny the request. Mrs. Teves stated that three members of the Council voted for the motion, and three members of the Council voted against the motion, with Mayor Barker making the tie- breaking vote against the motion, and the motion did not carry. Director Teves said the City Staff reached out to TxDOT regarding the sign placement and requested clarification on the sign requirement for a TxDOT permit, and it was confirmed that Mr. Sitka would need to have a TxDOT permit to place the sign, and TxDOT Traffic Engineer Kelly Rother was going to contact Mr. Sitka and inform him of this. She said that it was still the recommendation of the staffthat the variances Mr. Sitka was requesting be denied. After some discussion, Councilmember Burnell Neal moved to approve the request from Mr. Larry Sitka, for ( 1) a front setback variance on Fulton St. of 25' from the required 50', 2) a variance to allow more than 1 free- standing commercial sign on the same property, and ( 3) have a separation of less than 500 feet between off-premise signs on the same side of a public street. Councilmember Larry Pittman seconded the motion. Councilmember Russell Machann and Councilmember David Voulgaris voted in favor of the motion. Councilmember Steve Schneider and Councilmember Terry Freese voted against the motion. The motion carried. City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 7 of 22 The seventh item on the agenda was to review and consider a request from Internal Fortitude 2. 0 for assistance from the City for the 2025 Freedom Festival for the following: 1. Waiver of the noise ordinance until the end of the event. 2. Waive Food truck permits to allow food trucks to operate for the event. 3. Waive ordinance for alcohol consumption within the designated area. 4. Provide 12 trash bins, liners for trash bins, and a dumpster. 5. Provide barricades to block off the streets surrounding Guffey Park, specifically the 100 Block ofNorth Houston, the 100 Block of Polk Street, and Caney Street, located between North Houston Street and Polk Street. 6. Allow the use of electricity in the park, including electricity from light poles, provided the City can unlock the power box for access. 7. Waive the park fee. 8. Allow streets to be closed two hours before the event. Mr. Tracy Trevino presented a request from Internal Fortitude 2. 0 for assistance from the City for the 2025 Freedom Festival that would be held on July 5, 2025, from 6: 00 p.m. to 10: 00 p.m. at Guffey Park. After some discussion, Councilmember Terry Freese moved to approve the request from Internal Fortitude 2. 0 for assistance from the City for the 2025 Freedom Festival that would be held on July 5, 2025, from 6: 00 p. m. to 10: 00 p.m. at Guffey Park, along with aforementioned items 1. Through 8. Councilmember Russell Machann seconded the motion. All voted in favor. The eighth item on the agenda was to review and consider an ordinance amending the City of Wharton Code of Ordinances, Chapter 18, Building and Construction, Article III, Building and Construction, Sections 18- 77 & Sections 18- 78; 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 separability and setting date. an Building Official Claudia Velasquez presented a effective copy of a memorandum regarding amending the City of Wharton Code of Ordinances, Chapter 18, Building and Construction, Article III, Building and Construction, Sections 18- 77 & Sections 18- 78. Building Official Velasquez stated the Ordinance would establish regulations for the construction, location, and maintenance of fences within the City. She said that this Ordinance aimed to enhance neighborhood aesthetics, improve safety, and ensure consistency in fence construction while allowing flexibility for existing fences. Building Official Velasquez stated the Planning Commission met on Monday, April 7, 2025, and was recommending approval by the City Council. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Ordinance No. 2025- 07, which read as follows: CITY OF WHARTON ORDINANCE NO. 2025- 07 AN ORDINANCE AMENDING THE CITY OF WHARTON CODE OF ORDINANCES, CHAPTER 18, BUILDING AND CONSTRUCTION, ARTICLE III, BUILDING AND CONSTRUCTION, SECTIONS 18- 77 & SECTIONS 18- 78; PROVIDING THAT A VIOLATION OF THE ORDINANCE OR ANY PART OF THE CODE AS ADOPTED City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 8 of 22 HEREBY SHALL CONSTITUTE A PENALTY UPON CONVICTION OF A FINE; PROVIDING FOR SEPARABILITY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Wharton, Texas: WHEREAS, it is the desire of the City of Wharton Code of Ordinances to read as follows: ARTICLE III BUILDING AND CONSTRUCTION Sec. 18- 77.— Definitions and Building line setback requirements. a) Definitions: 1) Abut/ abutting shall mean to physically touch or border upon; or to share a common property line or border. This term implies a closer proximity than the term " adjacent." 2) Accessory building shall mean a building, the use of which is incidental to that of the principal building and which is located on the same lot. An accessory building is not an unattached residential vehicular garage that supports the use of the principal building. 3) Adjacent shall mean lying near or close to. ( See " abut/abutting") 4) Building/ yard setback line shall mean a line or lines within a property defining the minimum horizontal distance between a building/ structure outermost projection and property line. 5) Commercial shall mean a building( s)/ structure( s) where the occupation, employment or enterprise is carried on for profit generally located on a smaller site than industrial. ( A business, non-residential). 6) Duplex/ twofamily dwelling shall mean a building containing two dwelling units designed to be occupied by two families living independently of each other. 7) Dwelling shall mean a building, or portion thereof, which is used exclusively for human habitation. An unattached residential vehicular garage is considered to be part of the dwelling. 8) Exterior side building/yard setback line shall mean a line or lines within a property defining the minimum horizontal distance between a building/ structure outermost projection and an exterior property line. ( See " setback measurements".) 9) Front building/yard setback line shall mean a line or lines within a property defining the minimum horizontal distance between a building/structure outermost projection and the property line facing a street right-of-way. The front of a building/structure is the primary access to it as originally intended by the builder/ architect and inherent to the style and design of the building structure. 10) Industrial shall building( s)/ structure( s), which is used to engage in the basic mean a processing and manufacturing of materials or products predominantly from extracted, or raw materials. Engaged in the manufacture, predominately from previously prepared materials of finished parts, including processing, fabrication, assembly, treatment, City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 9 of 22 packaging, storage, sales and distribution of such products; or engaged in storage, wholesale and distribution of manufactured products, supplies and equipment. An industrial building( s)/ structure( s) may generate high levels of noise, vibrations, smoke, dust, odors or light. 11) Interior side building/yard setback line shall mean a line or lines within a property defining the minimum horizontal distance between a building/structure outermost projection and the interior property line. ( See " setback measurements".) 12) Lot shall mean a plot of land having frontage on at least one public street, which is or in the future may be offered for sale, conveyance, transfer or improvement. 13) Multi family residential shall mean buildings designed to contain three or more complete separate living facilities for single- family occupancy. Multi-family dwellings shall include apartments and condominiums. 14) Parcel shall mean a contiguous area of land in the possession of or owned by, or recorded as the property of,the same person or persons. Parcels of land generally are large enough to be subdivided into lots. 15) Principal building shall mean the building in which the principal use of the lot, which it is located on, is conducted. 16) Property line shall mean the surveyed line( s) bounding the property to form a legal boundary. 17) Rear building/ yard setback line shall mean a line or lines within a property defining the minimum horizontal distance between a building/ structure outermost projection and the rear property line. 18) Setback measurements shall be measured from the outermost projection of the structure to the appropriate property line. An exterior side property line is one, which abuts or is adjacent to a street right- of-way. An interior side property line has no street frontage and is one which abuts another lot( s) or parcel( s) boundary. A rear property line is one which abuts another lot( s) or parcel( s), or a street right- of-way. 19) Single-family residential shall mean a building/ structure containing one dwelling designed to be occupied primarily by one family and with the total of all habitable areas not to be less than 700 square feet excluding the garage. 20) Sight visibility triangle shall mean an area between a height of two (2) feet and eight( 8) feet above an area at the intersection of two ( 2) streets, which shall include that portion of public right- of-way and any corner lot within the adjacent curb lines and a diagonal line intersecting such curb lines at points twenty ( 20) feet back from their intersection, to form a triangle; and shall also mean an area on each side of a driveway where private driveways open into public streets, which shall include that portion of public right-of- way and any portion of lot within the adjacent curb lines and a diagonal line intersecting at points twenty ( 20) feet long, one ( 1) of which extends back along the adjacent curb and the other back toward the private property or street, to form a triangle. 21) Street shall mean a public right- of-way, however designated, which provides vehicular circulation and access to adjacent property. City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 10 of 22 a. A major thoroughfare means a principal traffic artery or trafficway, usually of more or less continuous routing over long distances, whose function is to serve as a principal connecting street with state and federal highways, and shall include each street designated as a major thoroughfare on the current major thoroughfare plan formally adopted and designated by the planning commission and city council. Minimum width of right- of-way shall be 100 feet. b. A collector street means a street whose function is to collect and distribute traffic between major thoroughfares and minor streets. It is not necessarily of continuous routing for long distances, has intersections at grades, provides direct access to abutting property, and shall include each street designated as a collector street on the thoroughfare plan formally adopted and designated by the planning commission and city council. Minimum width of right- of-way shall be 80 feet. c. A minor street means a street whose function is to provide access to abutting residential property within neighborhoods, with all intersections at grade, and not of continuous routing for any great distance so as to discourage heavy, through traffic. Minimum width of right- of-way shall be 60 feet. 22) Utility easement shall mean an area for restricted use on private property upon which a public or private utility shall have the right to remove and keep removed; all or part of any permanent or portable building; obstructing fences without proper gate configuration to allow reasonable ingress or egress; trees, shrubs, or other improvements or growths which in any way endanger, tend to endanger, or significantly interfere with the construction or maintenance, or efficiency of its respective utility systems on any of these easements. The public utility shall at all times have the right of ingress and egress to, from, over, under and upon the said easement for the purposes of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective systems without the necessity of procuring the permission of anyone. The ownership or title to the land encompassed by the easement is retained by the owner, while the dominant right to use the area is retained by the public or private and encumbered utility. Private owners may only make temporary and incidental use of the easement surface area in ways that do not interfere with the superior rights of the utility. 23) Variance shall mean a deviation from the required norm that may be granted following certain procedures specified herein. Sec. 18- 78. - Fence Requirements. a) Fence Materials: 1. Fences shall be constructed of the following materials: i. Wood; ii. Wrought Iron; iii. Chain- link; iv. Brick or other approved material of equal quality. 2. Fences shall not be constructed of mixed materials. Uniform materials must be utilized for each run of the fence. b) Fence Screening: City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 11 of 22 1. All new commercial uses located adjacent to a residential lot shall be properly screened by a privacy fence of not less than eight( 8) feet in height. c) Fence Location: 1. Fences shall be located fully within the bounds of the property, or on a shared property line. 2. Side and rear yard fencing shall have a maximum height of eight( 8)- feet. 3. Front yard decorative fencing is permitted at a maximum height of four( 4) feet setback of at least five (5) feet from the front property line. 4. In no case shall a fence be constructed in such a way that it would obstruct the required site visibility triangle as defined in Section 18- 77. d) Site Visibility Triangle Requirements: 1. Sight visibility triangle shall mean an area between a height of two ( 2) feet and eight( 8) feet above an area at the intersection of two ( 2) streets, which shall include that portion of public right- of-way and any corner lot within the adjacent curb lines and a diagonal line intersecting such curb lines at points twenty ( 20) feet back from their intersection, to form a triangle and; 2. Shall also mean an area on each side of a driveway where private driveways open into public streets, which shall include that portion of public right-of- way and any portion of lot within the adjacent curb lines and a diagonal line intersecting at points fifteen ( 15) feet long, one ( 1) of which extends back along the adjacent curb and the other back toward the private property or street, to form a triangle. 3. All newly constructed fences must comply with sight visibility triangle requirements. STREET Legend A' = Point of intersection of two street lines. B' = Minimum required measurement t i- from point of intersection. w C' = Connecting line to complete sight w visibility triangle. Sight Visibility Triangle Figure 18- 78. ( c) 1 - Sight visibility triangle at the intersection of two streets. City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 12 of 22 STREET B' 15- rt-- B* 15- n—_ tj IF Legend c s m ,' A' = Point of intersection of two street lines. B'= Minimum required measurement from point of intersection. 3 C' = Connecting line to complete sight visibility triangle. A Sight Visibility Triangle Figure 18- 78. ( c) 2 - Sight visibility triangle at the intersection of a street or driveway. e) Nonconformity: 1. Fences constructed prior to the adoption of this section shall become legally nonconforming and shall be granted prior nonconforming status until such time that such fences are removed or destroyed due to casualty or other similar cause that is more than 50 percent of the fair market value as determined by the Building Official or their designee. 2. Ordinary repair and maintenance. Normal maintenance and repair of nonconforming fences can generally be performed without losing prior nonconforming status at the discretion of the Building Official or their designee. f) Fence Maintenance Requirements: 1. All fences must be maintained and in working order in accordance with Section 18- 78( a). Fine and Penalty for Violations Any person violating any of the terms or provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $ 100. 00 nor more than the maximum provided in sections 1- 5 for each offense. If the terms or provisions of this article are violated by any corporation or firm, the officers and agents actively in charge of the business of such corporation or firm and the person actually performing the work for such corporation or firm shall be subject to the penalties provided in this section. Separability 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 City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 13 of 22 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 24th day of April 2025. Passage and Approval PASSED, APPROVED, AND ADOPTED by the City Council of the City of Wharton, Texas, on the 14th day of April 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: APPROVED AS TO FORM: PAULA FAVORS PAUL WEBB City Secretary City Attorney Councilmember Larry Pittman 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 accepting grant funding from The M. G.& Lillie A. Johnson Foundation and authorizing the Mayor of the City of Wharton to execute all documents related to said grant acceptance. EMS Director Christy Gonzales presented a copy of the letter dated March 21, 2025, from Mr. Robert Halepeska, Executive Vice President of the M.G. & Lillie A. Johnson Foundation, Inc., awarding the City of Wharton EMS Department a grant in the amount of$ 75, 000. 00. EMS Director Gonzales stated that the City Council' s acceptance of the grant was required. After some discussion, Councilmember Russell Machann moved to approve the City of Wharton Resolution No. 2025- 27, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 27 A RESOLUTION OF THE WHARTON CITY COUNCIL ACCEPTING GRANT FUNDING FROM THE M. G. & LILLIE A. JOHNSON FOUNDATION AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID GRANT ACCEPTANCE. City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 14 of 22 WHEREAS, On March 21, 2025, the City of Wharton received notification that a grant in the amount of $ 75, 000. 00 was awarded to the City of Wharton Emergency Medical Service Department from the M. G. & Lillie A. Johnson Foundation; and, WHEREAS, The Wharton City Council wishes to accept said grant in the amount of$ 75, 000. 00; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents relating to said grant acceptance. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby accepts said grant in the amount of$ 75, 000. 00 from the M. G.& Lillie A. Johnson Foundation for the City of Wharton Emergency Medical Services Department. SECTION H. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute all documents related to said grant acceptance. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, AND ADOPTED this 14" day of April 2025. CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Burnell Neal 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 approving an agreement for compensation study services and authorizing the Mayor of the City of Wharton to execute all documents related to said agreement. In the current budget, the City allotted for a Compensation Survey to be conducted for all personnel positions and a full review of all job descriptions. City Secretary Paula Favors stated the City Council created a Consultant Selection Committee to review the Requests for Proposals( RFPs) received to conduct a compensation study. Mrs. Favors said the study was expected to create a fair, equitable, and market- competitive total compensation system that complies fully with all applicable laws and regulations to establish a long-term employee recruitment plan. She said the Finance Committee met and reviewed proposals from Evergreen Solutions, LLC, Pay Point HR, LLC, and McGrath Consulting Group City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 15 of 22 to select a firm to provide compensation study services. City Secretary Favors stated the Finance Committee was recommending the City Council consider approving the agreement with Evergreen Solutions, LLC. After some discussion, Councilmember, Burnell Neal moved to approve City of Wharton Resolution No. 2025- 28, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 28 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING AN AGREEMENT FOR COMPENSATION STUDY SERVICES AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AGREEMENT. WHEREAS, The City of Wharton received sealed bids for a Compensation Study on April 2, 2025; and, WHEREAS, On March 10, 2025, the Wharton City Council created a Consultant Selection Committee to review and make a recommendation on selecting a firm; and, WHEREAS, The Wharton City Council wishes to approve an agreement between the City of Wharton and Evergreen Solutions, LLC, for Compensation Study Services and, WHEREAS, The City of Wharton and Evergreen Solutions, LLC, 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 Evergreen Solutions, LLC, for Compensation Study Services. Section II. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute the contract. Section III. The City of Wharton and Evergreen Solutions, LLC, 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 14t' day of April 2025. CITY OF WHARTON By: TIM BARKER City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 16 of 22 Mayor ATTEST: PAULA FAVORS City Secretary Councilmember David Voulgaris seconded the motion. All voted in favor. The eleventh item on the agenda was to review and consider a resolution of the Wharton City Council approving Change Order No. 1 for a cost increase with Reddico Construction Company, LLC for the U. S. 59 Water and Wastewater Utility Relocation Project and authorizing the Mayor to execute all documents related to said Change Order. Director of Planning & Development Gwyn Teves stated the City Council awarded a contract for construction to Reddico Construction Company, Inc. for the US 59 Water and Wastewater Utility Relocation Project. Director Teves presented a copy of Change Order No. 1 for an increase to the contract in the amount of 165, 231. 00 after final completion and walkthrough of the project, as well as an additional 100 calendar days. She said it was the City Staff s recommendation that the City Council approve both Change Order No. 1 in the amount of$ 165, 231. 00 and 100 calendar days. After some discussion, Councilmember Larry Pittman moved to approve City of Wharton Resolution No. 2025- 29, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 29 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING CHANGE ORDER NO. 1 FOR A COST INCREASE WITH REDDICO CONSTRUCTION COMPANY, LLC FOR THE U. S. 59 WATER AND WASTEWATER UTILITY RELOCATION PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAID CHANGE ORDER. WHEREAS, The Wharton City Council wishes to approve Change Order No. 1 for a cost increase of$ 165, 231. 00 and 100 calendar days with Reddico Construction Company, LLC for the US 59 Water& Wastewater Utility Relocation Project; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor to execute all documents related to the Change Order. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby approves Change Order No. 1 for a cost increase of$ 165, 231. 00 and 100 calendar days with Reddico Construction Company, LLC for the US 59 Water& Wastewater Utility Relocation Project. City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 17 of 22 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 14f' day of April 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember David Voulgaris seconded the motion. Councilmember Terry Freese opposed the motion. Councilmember Steve Schneider, Councilmember Burnell Neal, Councilmember David Voulgaris, Councilmember Russell Machann, and Councilmember Larry Pittman voted for the motion. The motion carried. The twelfth item on the agenda was to review and consider the Confirmation of Appointment of Deputy Emergency Management Coordinator. Per the City of Wharton Code of Ordinances - Chapter 26 —Emergency Management, the appointments of the Emergency Management Coordinator and Deputy Emergency Management Coordinator must be confirmed by the City Council. City Secretary Paula Favors stated that Gwyn Teves, the Deputy Emergency Management Coordinator, requested to step down from the position. City Secretary Favors said the City Staff was asking the City Council to consider confirming Cala Brake' s appointment as the Deputy Emergency Management Coordinator. Mrs. Favors said that according to Governor Executive Order GA-05, the presiding officer of the governing body of each political subdivision was required to notify the Texas Department of Emergency Management( TDEM), within 30 days of any change of elected or appointed officials, which would require the Mayor to sign the Emergency Management Director/ Coordinator Notification form. After some discussion, Councilmember Russell Machann moved to approve the Confirmation of Appointment of Cala Brake as Deputy Emergency Management Coordinator. Councilmember Larry Pittman seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider amending the City of Wharton Municipal Election 2025: City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 18 of 22 An Ordinance amending City of Wharton Ordinance No. 2025- 01 stating a City Officers Election to be held as a joint election with Wharton County Elections Department for the purpose of electing positions of councilmembers; providing for the date, time, and place of the election and early voting. Una Ordenanza enmienda la ordenanza que 2025- 01b de la Ciudad de Wharton que n.° establece una elecci6n de funcionarios de la ciudad que se celebrara como una elecci6n conjunta con el departamento de elecciones del condado de Wharton con el prop6sito de elegir cargos de concejales; estableciendo la fecha, hora y lugar de la elecci6n y la votaci6n anticipada. City Secretary Paula Favors stated the City of Wharton Notice of Election did not reflect the correct locations, times, and hours due to the Wharton County Elections Department changing its agreement with the El Campo Independent School District. City Secretary Favors said the City of Wharton was affected because it had a Joint Election Agreement with Wharton County that includes other entities. She said the Elections Administrator, Marsha Barbee, informed the City that she spoke with an attorney with the Secretary of State' s Office and was informed that the Notice of Election can be amended after the deadline to reflect the changes as long as the substance of the election was not changed. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Ordinance No. 2025- 08 and 2025- 08b, which read as follows: CITY OF WHARTON, TEXAS ORDINANCE NO. 2025- 08 AN ORDINANCE AMENDING CITY OF WHARTON ORDINANCE NO. 2025- 01 STATING A CITY OFFICERS ELECTION TO BE HELD AS A JOINT ELECTION WITH WHARTON COUNTY ELECTIONS DEPARTMENT FOR THE PURPOSE OF ELECTING POSITIONS OF COUNCILMEMBERS; PROVIDING FOR THE DATE, TIME, AND PLACE OF THE ELECTION AND EARLY VOTING. BE IT ORDAINED by the City Council of the City of Wharton, Texas: Amended Locations The election shall be held at the Wharton o Civic Center— Duncan Auditorium, 1924 N. Fulton St., Wharton, Texas; Wharton County Library and El Campo Library 200 W. Church. El Campo, Texas 77437. Amended Early Voting The early voting by personal appearance for the above- designated election shall take place at the following: Wharton County Annex D, Classroom 116 315 E. Milam St., Wharton main early voting location) Tue. April 22— Fri. April 25 8: 00 a. m. — 5: 00 p. m.) City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 19 of 22 Sat. April 26 7: 00 a. m.— 7: 00 p.m.) Sun. April 27 12: 00 p. m.— 6: 00 p. m.) Mon. April 28— Tues. April 29 7: 00 a. m. — 7: 00 p. m.) El Campo Library 200 W. Church St., El Campo, Tue. April 22— Fri. April 25 7: 00 a. m.— 7: 00 p. m.) Sat. April 26 7: 00 a. m.— 7: 00 p.m.) Sun. April 27 12: 00 p. m. — 6: 00 p.m.) Mon. April 28— Tues. April 29 7: 00 a. m. — 7: 00 p.m.) 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. Passage and Approval PASSED AND APPROVED by the City Council of the City of Wharton, Texas, on this 14th day of April 2025. CITY OF WHARTON, TEXAS ATTEST: By: TIM BARKER PAULA FAVORS Mayor City Secretary APPROVED AS: PAUL WEBB City Attorney CIUDAD DE WHARTON, TEXAS ORDENANZA No 2025- 08B City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 20 of 22 UNA ORDENANZA QUE ENMIENDA LA ORDENANZA N° 2025- 01B DE LA CIUDAD DE WHARTON QUE ESTABLECE UNA ELECCION DE FUNCIONARIOS DE LA CIUDAD QUE SE CELEBRARA COMO UNA ELECCION CONJUNTA CON EL DEPARTAMENTO DE ELECCIONES DEL CONDADO DE WHARTON CON EL PROPOSITO DE ELEGIR CARGOS DE CONCEJALES; ESTABLECIENDO LA FECHA, HORA Y LUGAR DE LA ELECCION Y LA VOTACION ANTICIPADA. El Consejo Municipal de La Ciudad De Wharton, Texas, ORDENA: Enmendada Lugares La elecci6n se celebrara en el Auditorio Duncan del Centro Civico de Wharton, 1924 N. Fulton Street, Wharton, Texas y la Biblioteca del condado de Wharton— sucursal de El Campo 200 W. Church, El Campo, Texas 77437. Enmendada Votaci6n anticipada Wharton County Annex D, Classroom 116 315 E. Milam St., Wharton el Auditorio Duncan del Centro Civico de Wharton) lunar principal de votaci6n anticipada Mar. 22 de abril— Vie. 25 de abril 8: 00 a. m. — 5: 00 p. m.) Sab. 26 de abril 7: 00 a. m. — 7: 00 p. m.) Dom. 27 de abril 12: 00 p. m. — 6: 00 p. m.) Lun. 28 de abril— Mar. 29 de abril 7: 00 a. m.— 7: 00 p. m.) El Campo Library 200 W. Church St., El Campo. la Biblioteca del condado de Wharton— sucursal de El Campo 200 W Church, El Campo, Texas 77437) Mar. 22 de abril— Vie. 25 de abril 7: 00 a. m. — 7: 00 p. m.) Sab. 26 de abril 7: 00 a. m. — 7: 00 p. m.) Dom. 27 de abril 12: 00 p. m. — 6: 00 p. m.) Lun. 28 de abril— Mar. 29 de abril 7: 00 a. m. — 7: 00 p. m.) Divisibilidad Si algun tribunal de jurisdicci6n competente dicta que cualquier secci6n, subsecci6n, oraci6n, claiisula, frase, o parte de esta orden sea invalida o inconstitucional, dicha parte sera considerada como disposici6n separada, distinta a independiente, y dicho dictamen no afectara a la validez de las partes restantes de esta. City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 21 of 22 Promulgaci6n y Aprobaci6n PASADO Y APROBADO por El Consejo Municipal de la Ciudad de Wharton, Texas, este dia 14 de Abril de 2025. CIUDAD DE WHARTON, TEXAS AT ESTIGUACION: Por• Por• TIM BARKER PAULA FAVORS Alcalde Secretaria Municipal APROBADO: PAUL WEBB Abogado Municipal Councilmember David Voulgaris seconded the motion. All voted in favor. 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 Terry Freese moved to appoint the following: B. Appointment Term Expiring Lori Gibson Beautification Commission June 30, 2026 Councilmember Steven Schneider 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: A. Finance Committee meeting held March 24, 2025. After some discussion, no action was taken. City of Wharton City Council Regular Meeting Minutes- April 14, 2025 Page 22 of 22 There being no further discussion, Councilmember David Voulgaris moved to adjourn. All voted in favor. The meeting adjourned at 7: 48 p.m. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ST: P ULA F VORS City Secretary s a ..