City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING MAY 27, 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, and Councilmembers, Terry Freese, Burnell Neal, Steve Schneider, Larry Pittman, and David Voulgaris. Councilmember absent was: Russell Machann. 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 and Building Official, Claudia Velasquez. Visitors present were: Marjorie Domak, Janice Gensler, Terri Ferguson, Kelly Zbranek, Sandy Sanders, Jeanette Krenek, Jan Ondrias, Krista Spano, Faye Evans, Karen Machann, Betty Howell, Erin Zbranek, Donna Chudalla, Wharton Chamber Executive Director, Karen Smith, and Colby Primeaux with the Wharton County Leader Journal. Roll Call and Excused Absences. Councilmember David Voulgaris moved to excuse Councilmember Russell Machann. Councilmember Terry Freese seconded the motion. All voted in favor. Public Comments. Mayor Tim Barker called for Public Comments. No comments were given. Wharton Moment. Mayor Tim Barker called for Wharton Moments. 1. Karen Smith, Executive Director of the Wharton Chamber of Commerce, stated that on June 6th and 7th, 2025, there would be a countywide garage sale. 2. City Manager, Joseph R. Pace, stated he attended along with Wharton Economic Development Executive Director, Courtland Holman, EDC Coordinator, Louisa Jimenez, City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 2 of 22 and Boardmember, Michael Roberson, the International Council of Shopping Centers ICSC) Conference in Las Vegas, which was very beneficial. Proclamation Mayor Tim Barker presented a proclamation to the Wharton Pilot Club, which read as follows: CITY OF WHARTON OFFICE OF THE MAYOR PROCLAMATION WHEREAS, The Pilot Club of Wharton Inc., chartered on May 3, 1975, is now celebrating its 50th year; and, WHEREAS, Chartering Officers were: Kathy Preisler, President; Shirley Epien, Vice President; Majorie Yolland, Secretary; Alice Dzierzanowski, Treasurer; and Directors Ione Williams, Sheila Fuller, and Jeanette Cooper; and, WHEREAS, the Pilot Club of Wharton Inc. is one of some 400 Pilot Clubs worldwide and one of 31 in the Texas District of Pilot International; and, WHEREAS, Pilot International is a community- based volunteer service organization founded in 1921 in Macon, GA, on the principles of" Friendship and Service"; and, WHEREAS, all Pilot Clubs share the mission of " Do More, Care More, and Be More" by providing financial and hands- on support for national and local initiatives for youth development and leadership, brain safety and fitness, and caring for families in times of need; and, WHEREAS, the Wharton Pilot Club is an active participant in the Texas District Signature Project of Traumatic Brain Injury Camps for Adults and many more projects; and, WHEREAS, the Anchor Club, chartered on November 16, 2003, is the Wharton Pilot Club' s youth extension club at Wharton High School. It is one of 7, 000 Anchor Clubs worldwide to encourage and provide opportunities for youth development and leadership; and, WHEREAS, the Anchor club also serves as an invaluable volunteer at Brain Injury Camps and many Wharton community activities. Additionally, they assist in Pilot- sponsored events, such as the " Touch a Truck" event each March and the Pilot Club' s Chili Supper each January. 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 May 29, 2025, as Pilot Club of Wharton Day" City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 3 of 22 In the City of Wharton. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Wharton to be affixed this 27th day of May 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 City of Wharton Financial Report for April 2025. Finance Director Joan Andel presented the City of Wharton Financial Report for April 2025. After some discussion, Councilmember Steve Schneider moved to approve the City of Wharton Financial Report for April 2025. Councilmember Burnell Neal seconded the motion. All voted in favor. The second item on the agenda was to review and consider the Annual Drinking Water Quality Report ( Consumer Confidence Report- CCR). Finance Director Joan Andel stated the U. S. Environmental Protection Agency ( EPA) required that all community water systems provide an annual Drinking Water Quality Report ( Consumer Confidence Report— CCR) to their customers by July 1 of each year. Mrs. Andel said the City Staff was recommending that a link be established on the City of Wharton Website and instructions on how to access this site be printed on the utility bill, which would be mailed on May 30, 2025. She said the information had been prepared in both English and Spanish. Finance Director Andel stated the City Staff also wanted to schedule a public meeting on June 12, 2025, at 5: 00 p. m. at City Hall to allow citizens to ask questions regarding the report, whose deadline to submit all required documentation was June 30, 2025. After some discussion, Councilmember Steve Schneider moved to approve the Annual Drinking Water Quality Report and schedule the public meeting for June 12, 2025, at 5: 00 p.m. at City Hall. Councilmember Terry Freese seconded the motion. All voted in favor. The third item on the agenda was to review and consider the City of Wharton, Texas determining the costs of certain Phase# 2 improvements to be financed within the Wharton Public Improvement District No. 2; approving an updated service and assessment plan, including a proposed Phase# 2 Assessment Roll; directing the filing of the proposed Phase # 2 Assessment Roll with the City Secretary to make available for public inspection; noticing a Public Hearing for June 23, 2025 to consider an ordinance levying assessments on property located within Phase # 2 of the Wharton Public Improvement District No. 2; directing City Staff to publish and mail notice of said Public Hearing; and resolving other matters incident and related thereto. Finance Director Joan Andel presented a copy of a draft resolution to update the Service and Assessment Plan to account for the costs of certain projects for the second construction phase (" Phase # 2") to be financed within Wharton Public Improvement District No. 2. Mrs. Andel stated the resolution identified the costs of the Phase # 2 Improvements and set forth the proposed Phase # 2 assessment roll. She said the resolution also called for the proposed filing of the proposed Phase # 2 Assessment Roll with the City Secretary to make available for public inspection, noticing a Public Hearing for June 23, 2025 to consider an ordinance levying assessments on property located within Phase# 2 of the Wharton Public Improvement District No. 2, and directed the City Secretary to publish and mail notice of the Public Hearing to property owners of the proposed assessments of Phase# 2. Finance Director City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 4 of 22 Andel stated the resolution had been reviewed with Municap, the City' s PID consultant; James Gilley with U.S. Capital, the City' s financial advisor; Tom Sage and Justin Hicks with Hunton Andrews Kurth LLP, the City' s bond counsel; and Finance Director Joan Andel. After some discussion, Councilmember Burnell Neal moved to approve the City of Wharton Resolution No. 2025- 35, which read as follows: CITY OF WHARTON, TEXAS RESOLUTION NO. 2025- 35 A RESOLUTION OF THE CITY OF WHARTON, TEXAS DETERMINING THE COSTS OF CERTAIN PHASE # 2 IMPROVEMENTS TO BE FINANCED WITHIN THE WHARTON PUBLIC IMPROVEMENT DISTRICT NO. 2; APPROVING AN UPDATED SERVICE AND ASSESSMENT PLAN, INCLUDING A PROPOSED PHASE # 2 ASSESSMENT ROLL; DIRECTING THE FILING OF THE PROPOSED PHASE # 2 ASSESSMENT ROLL WITH THE CITY SECRETARY TO MAKE AVAILABLE FOR PUBLIC INSPECTION; NOTICING A PUBLIC HEARING FOR JUNE 23, 2025 TO CONSIDER AN ORDINANCE LEVYING ASSESSMENTS ON PROPERTY LOCATED WITHIN PHASE # 2 OF THE WHARTON PUBLIC IMPROVEMENT DISTRICT NO. 2; DIRECTING CITY STAFF TO PUBLISH AND MAIL NOTICE OF SAID PUBLIC HEARING; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. WHEREAS, the Public Improvement District Assessment Act, Texas Local Government Code, Chapter 372, as amended( the" PID Act") authorizes the City of Wharton, Texas ( the " City") to create a public improvement district within the corporate limits and/ or the extraterritorial jurisdiction of the City; and WHEREAS, on October 23, 2023, the City Council of the City ( the " City Council") conducted a public hearing to consider a petition received by the City requesting the creation of the Wharton Public Improvement District No. 2 ( the" District"); and WHEREAS, on October 23, 2023, the City Council adopted Resolution No. 2023- 88 Resolution"), authorizing, establishing, and creating the District; and the " Authorization WHEREAS, the City authorized the creation of the District and the issuance of bonds for the District to finance certain public improvements authorized by the PID Act for the benefit of the property within the District ( the " Authorized Improvements"); and WHEREAS, on January 8, 2024, the land within the District was incorporated into the corporate limits of the City; and WHEREAS, on April 8, 2024, the City Council by Resolution No. 2024- 42 made findings and determinations relating to the costs of certain projects for the first construction phase (" Phase 1") of the District (" Phase # 1 Improvements"), received and accepted a preliminary service and assessment plan( the" Service and Assessment Plan") and a proposed assessment roll for Phase# 1 the" Phase# 1 Assessment Roll"), called a public hearing for May 13, 2024 and directed City staff to ( i) file the proposed assessment roll with the City Secretary and to make it available for public City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 5 of 22 inspection as required by Section 372. 016( b) of the PID Act, and( ii) publish and mail such notice relating to the May 13, 2024 hearing as required by Section 372.016(b) of the PID Act; and WHEREAS, on May 1, 2024, City staff, pursuant to Section 372. 016( b) of the PID Act, published notice of the public hearing in the Wharton County Leader Journal, a newspaper of general circulation in the City and in the part of the corporate limits of the City in which the District is located, to consider the proposed Service and Assessment Plan, the Phase# 1 Assessment Roll, and the levy of the Assessments ( as defined in the Service and Assessment Plan) on the property within Phase# 1 of the District; and WHEREAS, City staff, pursuant to Section 372. 016( c) of the PID Act, mailed notice of the public hearing to consider the proposed Phase# 1 Assessment Roll, the Service and Assessment Plan, and the levy of the Assessments on property within Phase# 1 of the District, to the last known address of the owners of the property liable for the Assessments; and WHEREAS, the City Council opened and convened the hearing on May 13, 2024, and at such public hearing all persons who appeared, or requested to appear, in person or by their attorney, were given the opportunity to contend for or contest the proposed Service and Assessment Plan, the proposed Phase # 1 Assessment Roll, and the proposed Assessments, and to offer testimony pertinent to any issue presented on the amount of the Assessments, the allocation of estimated costs of the Phase # 1 Improvements to the Assessed Property ( as defined in the Service and Assessment Plan) within Phase # 1 of the District, the purposes of the Assessments, the special benefits of the Phase # 1 Improvements, and the penalties and interest on Annual Installments of the Assessments and on delinquent Annual Installments( as defined in the Service and Assessment Plan); and WHEREAS, there were no written objections or evidence submitted to the City Secretary in opposition to the Service and Assessment Plan, the allocation of estimated costs of the Phase# 1 Improvements to the Assessed Property within Phase# 1 of the District, the Phase 41 Assessment Roll, and the levy of the Assessments; and WHEREAS, the City Council closed the hearing, and, after considering all written and documentary evidence presented at the hearing, including all written comments and statements filed with the City, the City Council approved and accepted Ordinance No. 2024-08, which levied the Assessments on Assessed Property within Phase # 1, and approved and accepted the Service and Assessment Plan, including the Phase # 1 Assessment Roll, in conformity with the requirements of the PID Act; and WHEREAS, May 13, 2024, the City Council found and determined that the on Assessments should be levied on the Assessed Property within Phase# 1, as provided in the Service and Assessment Plan; and WHEREAS, City Secretary of the City filed a copy of the Phase # 1 Assessment the day after the date the City Council approved the Phase # 1 Ordinance not later than the seventh Assessment Ordinance and the Service and Assessment Plan with the County Clerk of Wharton County; and City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 6 of 22 WHEREAS, the City Council and the City staff have been presented an update to the Service and Assessment Plan to account for the costs of certain projects for the second construction phase (" Phase # 2") of the District, including a proposed assessment roll attached thereto ( the " Updated SAP"), relating to certain assessments proposed to be levied against property within the second construction phase of the District(" Phase # 2") that benefit from a portion of the Authorized Improvements ( the " Phase # 2 Improvements"). A copy of the Updated SAP is ( i) attached hereto Exhibit A, ( ii) is incorporated as herein for all purposes, iii) identifies the constituting Phase# 2 of the District, ( iv) identifies the costs of the area Phase # 2 Improvements, and ( v) sets forth the proposed assessment roll for Phase # 2 of the District ( the" Proposed Phase# 2 Assessment Roll"); and WHEREAS, the Updated SAP sets forth the estimated total costs of certain Phase # 2 Improvements to be financed by assessments levied against property within Phase # 2 of the District at this time and the Proposed Phase # 2 Assessment Roll states the assessments proposed to be levied against each benefitted parcel of land in Phase # 2 of the District, as determined by the method of assessment chosen by the City and set forth in the Updated SAP; and WHEREAS, the PID Act requires that the Proposed Phase # 2 Assessment Roll be filed with the municipal secretary of the City ( the " City Secretary"), and be subject to public inspection; and WHEREAS, the PID Act requires that a public hearing ( the " Phase # 2 Assessment Hearing") be called to consider proposed assessments against the benefitted property within Phase # 2 of the District and requires City Council to hear and pass on any objections to the proposed assessments at, or on the adjournment of, the Phase # 2 Assessment Hearing; and WHEREAS, the PID Act requires that notice of the Phase # 2 Assessment Hearing be mailed to property owners liable for assessment and published in a newspaper of general circulation in the City before the tenth( loth) day before the date of the Phase# 2 Assessment Hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS AS FOLLOWS: The recitals set forth above in this Resolution are true and correct and are hereby adopted as findings of the City Council and are incorporated into the body of this Resolution as if fully set forth herein. The City Council does hereby accept the Updated SAP for the District, including the Proposed Phase# 2 Assessment Roll, in a form substantially similar to the attached Exhibit A and which is incorporated herein for all purposes. All capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Updated SAP. The City Council hereby determines that the total costs of the Phase# 2 Improvements to be financed by the District are as set forth in Exhibit G- 1 of the Updated SAP. City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 7 of 22 The City Council' s final determination and approval of the costs of the Phase # 2 Improvements, or any portion thereof, shall be subject to and contingent upon City Council' s approval of a final, updated Service and Assessment Plan which will include a final Phase # 2 Assessment Roll, after the properly noticed and held Phase # 2 Assessment Hearing. The Proposed Phase # 2 Assessment Roll states the assessments and the projected annual installments proposed to be levied against each parcel of land in Phase # 2 of the District that benefits from the Phase # 2 Improvements, as determined by the method of assessment chosen by the City in the Authorization Resolution and as more fully described in the Updated SAP. The City Council hereby authorizes and directs the filing of the Phase # 2 Proposed Assessment Roll with the City Secretary and directs the City Secretary to make the same available for public inspection. The City Council hereby authorizes and calls a public hearing( the Phase# 2 Assessment Hearing, as defined above) to be held on June 23, 2025, at or after 7: 00 p. m. in the Wharton City Hall, 120 East Caney Street, Wharton, Texas 77488, at which, the City Council shall, among other actions, hear and pass on any objections to the proposed assessments, and, upon the adjournment of the Phase # 2 Assessment Hearing, the City Council will consider an ordinance levying the assessments as special assessments on property located within Phase# 2 of the District that benefits from the Phase # 2 Improvements and which ordinance shall specify the method of payment of the assessments. The City Council hereby authorizes and directs the City Secretary to publish notice of the Phase# 2 Assessment Hearing to be held on June 23, 2025, in substantially the form attached hereto as Exhibit B and incorporated herein for all purposes, in the Wharton County Leader Journal or another newspaper of general circulation in the City, on or before June 10, 2025, as required by Section 372. 016( b) of the PID Act. When the Proposed Phase # 2 Assessment Roll is filed with the City Secretary, the City Council hereby authorizes and directs the City Secretary, on or before June 10, 2025, to mail to owners of property liable for the proposed assessments notice of Phase# 2 Assessment Hearing to be held on June 23, 2025, as required by Section 372. 016( c) of the PID Act. City staff is authorized and directed to take such other actions as are required including, but not limited to, providing notice of the public hearing as required by the Texas Open Meetings Act) to place the public hearing on the agenda for the June 23, 2025 meeting of the City Council. This Resolution shall become effective from and after its date of passage in accordance with law. ADOPTED, PASSED, AND APPROVED on this the 27th day of May, 2025. City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 8 of 22 Mayor ATTEST: City Secretary Councilmember David Voulgaris seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a request from Ms. Karen Smith, Executive Director of the Wharton Chamber of Commerce, for the following for the 16th Annual Wharton Citywide Garage Sale on Friday, June 6, 2025, and Saturday, June 7, 2025: A. The use of Guffey Park. B. Placement of two trash cans with trash bags at Guffey Park. C. Allow placement of necessary signage as long as it is not placed in the right-of-way within the City. Wharton Chamber of Commerce Executive Director, Karen Smith, stated the request for the above- mentioned items was for the Citywide Garage Sale set to be held on Friday, June 6, 2025, and Saturday, June 7, 2025. After some discussion, Councilmember Terry Freese moved to approve the request from Ms. Karen Smith, Executive Director of the Wharton Chamber of Commerce, for the 16th Annual Wharton Citywide Garage Sale on Friday, June 6, 2025, and Saturday, June 7, 2025, items A. through C. Councilmember Larry Pittman seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider a request from Colorado Valley Transit Executive Director Claudia Wicks and Assistant Director Angela Wallace for financial assistance for senior clients. City Manager Joseph R. Pace stated the request had been withdrawn. After some discussion, no action was taken. The sixth item on the agenda was to review and consider an ordinance amending the City of Wharton Code of Ordinances, Chapter 2- Administration, Article VI. Community Center, Division I.- Generally, Sec. 2- 171.- Fee Schedule; 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; revoking all ordinances or parts of ordinances in conflict herewith, other provided herein; providing for separability and setting an effective date. Civic Center Manager Makyla Monroe presented a copy of a memorandum regarding rate increases for the Wharton Civic Center meeting rooms and main hall. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Ordinance No. 2025- 11, which read as follows:  City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 9 of 22 CITY OF WHARTON ORDINANCE NO. 2025- 11 AN ORDINANCE AMENDING THE CITY OF WHARTON CODE OF ORDINANCES, CHAPTER 2- ADMINISTRATION, ARTICLE VI. COMMUNITY CENTER, DIVISION 1: GENERALLY, SEC. 2- 171: FEE SCHEDULE; 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; REVOKING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH OTHER PROVIDED HEREIN; PROVIDING FOR SEPARABILITY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Wharton, Texas, that Chapter 2 Administration, Article VI. Community Center, Division 1.- Generally, Sec. 2- 171. Fee Schedule, be amended to read as follows: DIVISION 1. GENERALLY Sec. 2- 171. Fee schedule. All persons contracting with the City regarding the use of the civic center, located at 1924 North Fulton, shall pay the security deposit and rental fees in accordance with the following schedule: Available rental rooms/ areas and deposit schedule. Room Max Occupancy Deposit Main Hall 700 500. 00 Pre- Function 120 200. 00 O' Quinn Room 100 200. 00 Duncan Auditorium 60 200. 00 Meeting Room A 30 100. 00 Meeting Room B 30 100. 00 TABLE INSET: Monda - Thursda ( weekday rates Friday- Sunda weekend rates Room Government Commercial/ P Minimu Room Government Commercial/ Pri Minimum and rivate m Fee* and vate Fee* Nonprofit Nonprofit Meeting A, Meeting A, Meeting B, $ 25. 00/ hour $ 30. 00/ hour $ 100. 00/ Meeting B, $ 35. 00/ hour 40. 00/ hour $ 140. 00/ Duncan 120. 00 Duncan 160. 00 Auditorium Auditorium  City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 10 of 22 Pre- Function, $ 30. 00/ hour $ 35. 00/ hour $ 120. 00/ Pre- Function, $ 40. 00/ hour 50. 00/ hour $ 160. 00/ O' Quinn 140. 00 O' Quinn 200. 00 Room Room Main Hall $ 800. 00 for up $ 900. 00 for up Main Hall $ 1, 000. 00 for $ 1, 200. 00 for up Day of Event to 12 hours to 12 hours. $ 800. 00/ Day of Event up to 12 hours To 12 hours $ 1, 000. 00/ includes ( over 12 hours ( 12 hours $ 900. 00 over includes ( over 12 hours ( over 12 hours $ 1, 200. 00 kitchen) $ 75. 00/ hour) $ 1 00. 00/ hour) kitchen) 75. 00/ hour) $ 100/ per hour) 5 p. m.- 10 5 p. m.- 10 4 p. m.- 10 p. m. 4 p. m.- 10 p. m. Main Hall p. m. Main Hall $ 75. 00/ hour 100. 00/ hour p. m. Set Up 75. 00/ hour $ 100. 00/ hour Set Up Day Day Before Before Event Event Minimum fee is quoted for nonprofit minimum and commercial/ private minimum. Tablecloth and skirting rental. All persons contracting with the City regarding use of the civic center who wish to use tablecloths provided by the center shall pay an additional fee of$ 7. 00 per cloth per table per day. This fee covers the cost of laundering, placing and removing table coverings from the tables. The Wharton Civic Center, upon approval of the current City Council, can Sponsor or partner with a local Organization or business for an event. Each event would need to have City Council approval regarding rental rates and/ or income and expense allocations. Fine and Penalty for Violations Sec. 18- 145. Penalties. 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 section 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. Severability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed to be a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. Effective Date This Ordinance shall become effective at 12: 01 a.m. on the 7th day of June 2025. Passage and Approval City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 11 of 22 PASSED, APPROVED, and ADOPTED by the City Council of the City of Wharton, Texas, on the 27t' day of May 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: PAUL WEBB City Attorney Councilmember Larry Pittman seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider an ordinance amending the City of Wharton Code of Ordinances, Chapter 82 Traffic, providing that a violation of the ordinance or any part of the code as adopted hereby shall constitute a penalty upon conviction of a fine; providing for severability and setting an effective date. Chief of Police Terry David Lynch presented a copy of a memorandum regarding the amendment of the City of Wharton Traffic Ordinance. Police Chief Lynch stated that there were six locations within the Wharton Lakes Subdivision where stop signs would be required, and the stop signs at the intersection of F.M. 1301 and C. R. 231, facing north and south, needed to be included in the ordinance amendment. Chief Lynch said this would ensure that traffic on F. M. 1301 maintains a continuous flow and has the right- of-way. After some discussion, Councilmember Larry Pittman moved to approve City of Wharton Ordinance No. 2025- 12, which read as follows: CITY OF WHARTON ORDINANCE NO. 2025- 12 AN ORDINANCE AMENDING THE CITY OF WHARTON CODE OF ORDINANCES, CHAPTER 82 TRAFFIC, ARTICLE II. OPERATION OF VEHICLES, SEC. 82- 63. STOP INTERSECTIONS DESIGNATED, PROVIDING THAT A VIOLATION OF THE ORDINANCE OR ANY PART OF THE CODE AS ADOPTED HEREBY SHALL City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 12 of 22 CONSTITUTE A PENALTY UPON CONVICTION OF A FINE; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Wharton, Texas that the City of Wharton Code of Ordinances, Chapter 82 Traffic, Article II. Operation of Vehicles, Sec. 82- 63. Stop intersections designated, shall read as follows: ARTICLE II. OPERATION OF VEHICLES Sec. 82- 63. Stop intersections designated. The following intersections, in addition, are designated as stop intersections, and stop signs shall be erected as follows: 1. Wharton Lakes ( Outside Lane) at South Alabama Road, facing East 2. Wharton Lakes ( Inside Lane) at South Alabama Road, facing East 3. Nicholas Road at Wharton Lakes Boulevard, facing North 4. Charlotte Way at Nicholas Road, facing East 5. Brandi Drive at Charlotte Way, facing North 6. Stran Street at Brandi Drive, facing West 7. Intersection of CR 231 at FM 1301, facing North and South Penalty Clause Except as otherwise provided in this chapter, any person found guilty of intentionally, knowingly or recklessly violating any provision of this article and upon conviction thereof in the municipal court shall be fined in accordance with the terms of Section 1- 5 of the Code of Ordinances of the City of Wharton, Texas. Severability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed to be a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. Effective Date This Ordinance shall become effective on the 7th day of June 2025 at 12: 01 a.m. Passage and Approval PASSED, APPROVED, and ADOPTED by the City Council of the City of Wharton, Texas, on the 27th day of May 2025. City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 13 of 22 CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: PAUL WEBB City Attorney Councilmember Steve Schneider seconded the motion. All voted in favor. The eighth item on the agenda was to review consider a resolution of the Wharton City Council rescinding Resolution No. 2016- 08 which forbids persons licensed to carry a handgun, from carrying a handgun, regardless of whether the handgun was concealed or openly carried, in any room or rooms, including but not limited to the City Council Chambers, where the City Council or any City Board, Commission, Committee or body was meeting in an open meeting subject to the Texas Open Meetings Act. City Secretary Paula Favors stated the Office of the Attorney General (" OAG") received a citizen complaint, pursuant to section 411. 209( d) of the Texas Government Code, concerning the wrongful exclusion of a handgun license holder from a City of El Campo City Meeting. Mrs. Favors said the City of Wharton was visited by the same citizen who stated his issue with the signs on Section 30. 06 or 30. 07, Penal Code, that were displayed outside of the Council Chambers. She said the Attorney General gave the City of El Campo a response to their request to display the signs, but the AG' s office said that the Texas Penal Code section 46. 15 provided a list of situations for which 46. 03 does not apply. City Secretary Favors stated that specifically, Texas Penal Code section 46. 15( b)( 6) explained that 46. 03( a)( 14) does not apply to those carrying a handgun with a license issued under Subchapter H, Chapter 411 of the Government Code, which included those who have a license to carry. She said the AG stated they were requesting that the City allow a lawful license holder to carry their handguns in meetings held under the Open Meetings Act, including City meetings. City of Wharton City Council Regular Meeting Minutes- May 27 2025 Page 14 of 22 Mrs. Favors said that in order to comply with the law and the request of the Attorney General, City Staff was recommending that the City Council rescind Resolution No. 2016- 08. After some discussion, Councilmember Larry Pitman moved to approve City of Wharton Resolution No. 2025- 36, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 36 A RESOLUTION OF THE WHARTON CITY COUNCIL RESCINDING RESOLUTION NO. 2016- 08 WHICH FORBIDS PERSONS LICENSED TO CARRY A HANDGUN, FROM CARRYING A HANDGUN, REGARDLESS OF WHETHER THE HANDGUN WAS CONCEALED OR OPENLY CARRIED, IN ANY ROOM OR ROOMS, INCLUDING BUT NOT LIMITED TO THE CITY COUNCIL CHAMBERS, WHERE THE CITY COUNCIL OR ANY CITY BOARD, COMMISSION, COMMITTEE OR BODY WAS MEETING IN AN OPEN MEETING SUBJECT TO THE TEXAS OPEN MEETINGS ACT. WHEREAS, On February 8, 2016, the Wharton City Council approved Resolution No. 2016-08 designating City Hall of the City of Wharton and any room or rooms where open meetings subject to the Texas Open Meetings Act were held to forbid persons licensed to carry a handgun; and, WHEREAS, The Attorney General of Texas stated their opinion that license holders carrying handguns are explicitly allowed to enter and remain in an open meeting under Section 46. 15( b)( 6); and, WHEREAS, The Wharton City Council finds and determines that the rescinding of Resolution No. 2016- 08 was necessary to comply with law; and, WHEREAS, The Wharton City Council wishes this resolution to become effective immediately upon its passage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS hereby: Section I. The Wharton City Council hereby allows a lawful license holder to carry their handguns in meetings held under the Open Meetings Act, including city meetings as to comply with Texas law. Section II. The Wharton City Council hereby approves rescinding City of Wharton Resolution No. 2016- 08. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 27t' day of May 2025. City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 15 of 22 CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider a resolution approving a Municipal Maintenance Agreement between the State of Texas and the City of Wharton, for the maintenance, control, supervision, and regulation of certain state highways and/ or portions of state highways in the City of Wharton; and providing for the execution of said agreement. City Secretary Paula Favors stated the City of Wharton currently had a maintenance agreement with the State of Texas TxDOT) for the maintenance of state rights- of-way inside the City limits, and the State had requested that the contract be updated and a new contract be submitted. Mrs. Favors presented a copy of the Agreement, which outlined the responsibilities of both the State and City in their mutual efforts to maintain a safe and satisfactory highway system within the City limits. City Attorney Paul Webb stated he had reviewed the agreement, and his only request was the issue of angled parking and making sure the agreement allowed it, as it had in the past. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2025- 37, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 37 A RESOLUTION APPROVING A MUNICIPAL MAINTENANCE AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF WHARTON, FOR THE MAINTENANCE, CONTROL, SUPERVISION, AND REGULATION OF CERTAIN STATE HIGHWAYS AND/ OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF WHARTON; AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT. WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and jurisdiction over and under the public streets within its corporate limits and authorizes the City of Wharton to enter into agreements with the State to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through its corporate limits; and, WHEREAS, Section 221. 002 of the Transportation Code authorizes the State of Texas, at its discretion, to enter into agreements with cities to fix responsibilities for maintenance, City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 16 of 22 control, supervision, and regulation of State highways within and through the corporate limits of such cities; and, WHEREAS, The Executive Director, acting for and on behalf of the Texas Transportation Commission, has made it known to the City that the State will assist the City in the maintenance and operation of State highways within the City, conditioned that the City will enter into agreements with the State for the purpose of determining the respective responsibilities of the parties; and, WHEREAS, The City has requested the State to assist in the maintenance and operation of State highways within the City as described herein. The Municipal Resolution authorizing the Mayor to execute this Agreement on behalf of the City is attached as Exhibit C; and, WHEREAS, The Wharton City Council wishes this resolution to become effective immediately upon its passage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. This agreement prescribes the responsibilities of the State of Texas and the City of Wharton to the maintenance of landscape elements on controlled access state highways, and describes and graphically shows as" State Maintained and Operated" in that agreement. Section II. The parties agree that this agreement may be amended. Such amendments, to be effective, must be in writing and signed by both parties. Section III. The Wharton City Council authorizes the Mayor of the City of Wharton to execute said agreement. Section IV. That this resolution should become effective immediately upon its passage. h PASSED, APPROVED, and ADOPTED this 27 day of May 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 17 of 22 City Secretary Councilmember Steve Schneider seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider a Petition for Release from Extraterritorial Jurisdiction from NESH Farms Hungerford, LLC. City Secretary Paula Favors presented a copy of a Petition for Release from the Extraterritorial Jurisdiction of NESH Farms Hungerford, LLC, received on May 16, 2025. Mrs. Favors stated that, according to the Texas Local Government Code Section 42, a property shall be released from the ETJ of a municipality if a petition is filed to be released from the ETJ and meets all requirements. She said the City Staff was recommending that the City Council consider approving the request from NESH Farms Hungerford, LLC to accept the petition and release the property from the ETJ. City Attorney Paul Webb stated he had reviewed the petition and was recommending that the City Council consider accepting it. After some discussion, Councilmember Terry Freese moved to accept the Petition for Release from the Extraterritorial Jurisdiction from NESH Farms Hungerford, LLC. Councilmember David Voulgaris seconded the motion. All voted in favor. The eleventh item was to review and consider a request from the City of Wharton Human Resources Department regarding the Employee Appreciation Event for the following: A. Waive all fees associated with the rental of the Wharton Civic Center Main Hall. B. Allow the consumption of alcoholic beverages in the Wharton Civic Center Main Hall during the event. C. Allow glass containers in the Wharton Civic Center Main Hall during the event. D. Allow bounce houses with insurance coverage through the Texas Municipal League - Intergovernmental Risk Pool ( TML- IRP). City Secretary Paula Favors presented a copy of a memorandum regarding the City of Wharton Employee Appreciation Event at the Wharton Civic Center Main Hall on Saturday, June 21, 2025. After some discussion, Councilmember David Voulgaris moved to approve afore mentioned items A. through D. Councilmember Larry Pitman seconded the motion. All voted in favor. The twelfth item to review and consider a resolution of the Wharton City Council removing certain City of Wharton properties from the Parks Master Plan and declaring certain City of Wharton properties as surplus properties and to place said properties for sale. Director of Planning and Development Gwyn Teves stated that as part of the City of Wharton' s 2006- 2015 Parks Master Plan, the intent was to extend the Santa Fe Trail across Richmond Road and continue into the West End. Mrs. Teves said that at the time of the Master Plan' s creation, the railroad was inactive, and the trail would have provided connectivity across the city limits but since the plan' s adoption, the railroad line had been acquired by Kansas City Southern and placed back into active service, hindering the future activation of the trail across the tracks without a lengthy and costly permitting process, with the possibility of little or no success. City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 18 of 22 Director Teves stated the City was in the process of peak economic growth and felt that removing the two parcels on the attachment from the Parks Master Plan and placing them for public bid proposal would allow for economic development if purchased to promote business growth and expansion opportunities. She said the Planning Commission met on Monday, May 19, 2025, and voted to recommend this item to the City Council for approval. After some discussion, Councilmember Burnell Neal moved to approve City of Wharton Resolution No. 2025- 38, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 38 A RESOLUTION OF THE WHARTON CITY COUNCIL REMOVING CERTAIN CITY OF WHARTON PROPERTIES FROM THE PARKS MASTER PLAN AND DECLARING CERTAIN CITY OF WHARTON PROPERTIES AS SURPLUS PROPERTIES AND TO PLACE SAID PROPERTIES FOR SALE. WHEREAS, During the May 19, 2025, Planning Commission meeting the Commission determined that there was no longer a need for the properties to be designated as part of the Parks Master Plan and a need to declare certain City of Wharton properties as surplus property; and, WHEREAS, The Planning Commission is recommending that certain properties be sold to the general public and be placed back on the tax roll for the City of Wharton; and, WHEREAS, The properties identified to be sold as surplus real property are as follows: R026434 WHARTON, BLOCK 40, LOT 2 OLD ROW R026443 WHARTON, BLOCK 42, LOT 3 PT. OLD ROW 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 removes the afore- mentioned properties from the Parks Master Plan and declares the afore- mentioned properties as surplus real properties. Section II. That the City Manager sell by public sealed bids the afore- mentioned properties. Section III. That this resolution shall become effective immediately upon its passage. h Passed, Approved, and Adopted this 27 day of May 2025. CITY OF WHARTON, TEXAS By: TIM BARKER City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 19 of 22 Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider a resolution of the Wharton City Council requesting the transfer of that certain public roadway described herein on Exhibit " A" from the Texas Department of Transportation to the City of Wharton and authorizing the Mayor of the City of Wharton to execute all documents related to said request. Director of Planning & Development Gwyn Teves stated that as part of the agreement with TxDOT to take over the new FM 1301 Extension, the City of Wharton was responsible for assuming operations and maintenance of FM 102 from Richmond Road to the freeway as a city street. Mrs. Teves said that as part of the process of completing the transition, TxDOT required a resolution for the Transportation Commission to process the request. She said she had an email from District Engineer Jeffery Vinklarek stating that the surface between Richmond and the RR tracks would be resurfaced before the exchange. Director Teves stated that the Planning Commission met on Monday, May 19, 2025, and approved the request. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2025- 39, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 39 A RESOLUTION OF THE WHARTON CITY COUNCIL REQUESTING THE TRANSFER OF THAT CERTAIN PUBLIC ROADWAY DESCRIBED HEREIN ON EXHIBIT " A" FROM THE TEXAS DEPARTMENT OF TRANSPORTATION TO THE CITY OF WHARTON AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID REQUEST. WHEREAS, The City of Wharton wishes to undertake full jurisdiction, control, and maintenance of the property for public road purposes, which property is situated within the City of Wharton and more particularly described in Exhibit" A" attached hereto; and, WHEREAS, The City of Wharton will work to maintain and improve the aforementioned property in perpetuity; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents related to said request. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS THAT: City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 20 of 22 Section I. Upon transfer of the property more particularly described In Exhibit" A" attached hereto from the State of Texas, by and through the Texas Transportation Commission, to the City of Wharton, the City of Wharton undertakes full jurisdiction, control, and maintenance of the property for public road purposes with the understanding that, if the property is no longer used for public road purposes, if the unrestricted motor vehicle lanes are reduced in number or width, or if the capacity of the roadway is reduced at all, it shall immediately and automatically revert to the State of Texas. Section II. The City of Wharton hereby authorizes the Mayor ofthe City of Wharton to execute all documents related to the request. Section III. This resolution will become effective immediately upon its passage. Passed, Approved, and Adopted this 27`" day of May 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 fourteenth item on the agenda was to review and consider a request from Granite Construction to donate labor and materials to repaint the Dinosaur at the City of Wharton Dinosaur Park. Director of Planning& Development Gwyn Teves stated that Project Manager Rodolfo Herrera of Granite Construction, the general contractor for the Levee Project, had contacted the City Staff about donating labor and materials to repaint the dinosaur at Dinosaur Park. Mrs. Teves said Mr. Herrera had stated that it was Granite' s policy to provide volunteering opportunities for its staff in each community where they work and had expressed a desire to offer these opportunities at Dinosaur Park. After some discussion, Councilmember Burnell Neal moved to approve the request from Granite Construction to donate labor and materials to repaint the Dinosaur at the City of Wharton Dinosaur Park. Councilmember Larry Pittman seconded the motion. All voted in favor. The fifteenth item on the agenda was to review and consider Pay Request No. 6 and Final from Reddico Construction Company for the U.S. 59 Water and Wastewater Utility Relocations. Director of Planning & Development Gwyn Teves presented a copy of Pay Request No. 6 and City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 21 of 22 Final from Reddico Construction Company for the U. S. 59 Water and Wastewater Utility Relocations in the amount of $ 1, 256, 191. 78. After some discussion, Councilmember Larry Pittman moved to approve Pay Request No. 6 and Final from Reddico Construction Company for the U. S. 59 Water and Wastewater Utility Relocations in the amount of $ 1, 256, 191. 78. Councilmember Burnell Neal seconded the motion. All voted in favor. The sixteenth item on the agenda was to review and consider the 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 seventeenth item on the agenda was to review and consider the update on the City of Wharton' s ongoing projects. City Manager Joseph R. Pace presented an update on the City of Wharton' s ongoing projects. After some discussion, no action was taken. The eighteenth item on the agenda was to review and consider the appointments, resignations, and vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. B. Appointments. C. Vacancies. After some discussion, no action was taken. The nineteenth item on the agenda was to review and consider the City Council Boards, Commissions, and Committee Reports: A. Finance Committee meeting held May 12, 2025. B. Parks& Recreation meeting held May 12, 2025. After some discussion, no action was taken. The twentieth item on the agenda was to review and consider 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. City of Wharton City Council Regular Meeting Minutes- May 27, 2025 Page 22 of 22 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: 45 p. m. CITY OF WHARTON, TEXAS By: Aa4/ TIM BARKER Mayor A ES P UL FAVORS Ci Secretary f 1f