City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING NNE 23, 2025 Mayor Tim Barker declared a Regular Meeting duly open for the transaction of business at 7: 00 P. M. at City Hall, 120 E. Caney Street, Wharton, TX. Councilmember Russell Machann led the opening devotion, and Mayor Tim Barker led the Pledge of Allegiance. Councilmembers present were: Mayor, Tim Barker, and Councilmembers, Terry Freese, Burnell Neal, Steve Schneider, Russell Machann, Larry Pittman, and David Voulgaris. Councilmember absent was: None. Staff members present were: City Manager, Joseph R. Pace; Finance Director, Joan Andel; Paula Favors, TRMC, CPM, MMC; Director of Planning and Development, Gwyn Teves, CPM; Assistant to the City Manager, Brandi Jimenez; and Police Chief, Terry David Lynch. Visitors present were: Erin Newberry, Real Estate Services Project Manager with HDR, Inc.; Jeffery Blair; Susie Carlson; Ryan Salazar; Jim Maddox; Brian Jarrard with Jarrard Development LLC; Walter Garrett; Munir Munawar; Justin Hicks; Tripp Davenport; Jennifer Sloan, and Colby Primeaux with the Wharton County Leader Journal. Roll Call and Excused Absences. Public Comments. Mayor Tim Barker called for Public Comments. 1. Mr. Jeffery Blair discussed the need for a city cleanup. Mr. Blair stated that when the Beautification Commission was created, there was a mission to clean and maintain the major throughfares and entrances to the City. He discussed the issues with junk vehicles. Wharton Moment. Mayor Tim Barker called for the Wharton Moment. 1. Councilmember Burnell Neal stated that the restart of the Juneteenth Festival was held at Guadalupe Park, and it was a success. He said there was nice music and good food. He thanked the City for letting the festival start again. 2. Mayor Tim Barker stated the City had been spraying for mosquitoes and would continue, but it was important to cut any high grass.  City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 2 of 26 Public Hearing 1. Public Hearing: Conduct a Public Hearing to consider testimony regarding proposed assessments to be levied against the assessable property within Phase # 2 of the Wharton Public Improvement District No. 2, pursuant to provisions of Chapter 372, Texas Local Government Code. Mayor Tim Barker opened the Public Hearing at 7: 11 p. m. Mr. Brian Jarrad with Jarrad Development LLC discussed the progress of the Wharton Lakes Development. Mayor Tim Barker closed the Public Hearing at 7: 16 p. m. Review and Consider: The first item on the agenda was to review and consider an ordinance of the City Council of the City of Wharton, Texas, accepting and approving an Amended Service and Assessment Plan, including a Phase# 2 Assessment Roll for the Wharton Public Improvement District No. 2; making a finding of special benefit to the property in the district; levying assessments against property within Phase # 2 of the district and establishing a lien on such property; providing for the method of assessment and the payment of the assessments in accordance with Chapter 372, Texas Local Government Code, as amended; providing penalties and interest on delinquent assessments; providing for severability; resolving all matters incident and related thereto; and providing an effective date. Finance Director Joan Andel presented a copy of an ordinance approving the amended Wharton Public Improvement District No. 2 Service and Assessment Plan, including a Phase # 2 Assessment Roll for the Wharton Public Improvement District No. 2. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Ordinance No. 2025- 13, read as follows: CITY OF WHARTON, TEXAS ORDINANCE NO. 2025- 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS ACCEPTING AND APPROVING AN AMENDED SERVICE AND ASSESSMENT PLAN, INCLUDING A PHASE # 2 ASSESSMENT ROLL FOR THE WHARTON PUBLIC IMPROVEMENT DISTRICT NO. 2; MAKING A FINDING OF SPECIAL BENEFIT TO THE PROPERTY IN THE DISTRICT; LEVYING ASSESSMENTS AGAINST PROPERTY WITHIN PHASE# 2 OF THE DISTRICT AND ESTABLISHING A LIEN ON SUCH PROPERTY; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; PROVIDING PENALTIES AND I City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 3 of 26 INTEREST ON DELINQUENT ASSESSMENTS; PROVIDING FOR SEVERABILITY; RESOLVING ALL MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, a was submitted and filed with the City Secretary ( the " City Secretary") of petition the City of Wharton, Texas ( the " City") pursuant to the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code, as amended ( the " PID Act"), requesting the creation of a public improvement district located; and WHEREAS, the petition contained the signatures of the owners of taxable property representing more than fifty percent of the appraised value of taxable real property liable for assessment within the proposed District, as determined by the then current ad valorem tax rolls ofthe Wharton Central Appraisal District, and the signatures of the record owners of taxable real property that constitutes more than fifty percent of the area of all taxable property that is liable for assessment by the proposed District; and WHEREAS, on October 23, 2023, after due notice, the City Council of the City ( the " City Council") held the public hearing in the manner required by law on the advisability of the improvement projects and services described in the petition as required by Section 372.009 of the PID Act and on October 23, 2023, the City Council made the findings required by Section 372. 009( b) of the PID Act and, by Resolution No. 2023- 88 ( the " Authorization Resolution"), adopted by a majority of the members of the City Council, authorized and created the Wharton Public Improvement District No. 2 ( the " District") in accordance with its finding as to the advisability of the improvement projects and services and also made findings and determinations relating to the estimated total costs of certain Authorized Improvements; and WHEREAS, on October 27, 2023, the City Secretary filed a copy of Resolution No. 2023- 88 with the county clerk of Wharton County, in which of the District is located in accordance with the provisions of the PID Act; and WHEREAS, no written protests regarding the creation of the District from any owners of record of property within the District were filed with the City Secretary; and WHEREAS, pursuant to the PID Act, the City Council published notice of and convened a public hearing on May 13, 2024 regarding the levy of special assessments against benefitted property located within Phase# 1 of the District and, after hearing testimony at such public hearing, the City Council closed the public hearing and adopted Ordinance No. 2024- 08 ( the" Phase# 1 Assessment Ordinance") on May 13, 2024; and WHEREAS, in the Phase# 1 Assessment Ordinance, the City Council approved and accepted the Wharton Public Improvement District No. 2 Service and Assessment Plan ( the " Original Service and Assessment Plan"), relating to the District and levied special assessments ( the " Phase # 1 Assessments") against the Phase # 1 Assessed Property ( as defined in the Original Service and City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 4 of 26 Assessment Plan), as shown on the assessment roll that was attached to the Original Service and Assessment Plan as Exhibit 17- 1 ( the" Phase# 1 Assessment Roll"); and WHEREAS, on May 27, 2025, the City Council adopted a resolution approving an amended preliminary service and assessment plan, including a proposed Phase # 2 Assessment Roll related to Authorized Improvements to The second item on the agenda was to review and consider an ordinance of the City Council of the City of Wharton, Texas, approving and authorizing the Issuance and Sale of the City of Wharton, Texas, Special Assessment Revenue Bonds, Series 2025 ( Wharton Public Improvement District No. 2 Phase# 1 Project and Phase# 2 Project); and approving and authorizing related agreements. be constructed and/ or acquired within Phase # 2 of the District for the benefit of the Phase # 2 Assessed Property ( the " Phase # 2 Improvements"); calling for a public hearing to consider an ordinance levying assessments on property within Phase # 2 of the District ( the " Phase # 2 Assessments"); authorizing and directing the City Secretary of the City to file the proposed assessment roll related to such improvements ( the " Phase # 2 Assessment Roll") and make such assessment roll available for public inspection; authorizing and directing the publication of notice of a public hearing to consider the levying of the Phase# 2 Assessments against the property within Phase# 2 of the District( the " Phase# 2 Levy and Assessment Hearing"); authorizing and directing the mailing of notice of the Phase # 2 Levy and Assessment Hearing to owners of property liable for the Phase# 2 Assessments; and directing related action; and WHEREAS, on May 28, 2025, the City Secretary filed the Phase # 2 Assessment Roll and made the same available for public inspection; and WHEREAS, the City Secretary, pursuant to Section 372. 016( b) of the PID Act, published notice of the Phase # 2 Levy and Assessment Hearing on June 7, 2025 in the Wharton County Leader Journal, a newspaper of general circulation in the City; and WHEREAS, the City Secretary, pursuant to Section 372. 016( c) of the PID Act, mailed the notice of the Phase # 2 Levy and Assessment Hearing to the last known address of the owners of the property liable for the Phase# 2 Assessments; and WHEREAS, on June 23, 2025, the City Council opened the Phase # 2 Levy and Assessment Hearing, at which 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 Phase # 2 Assessment Roll, and to offer testimony pertinent to any issue presented on the amount of the Phase# 2 Assessments, the allocation of the Actual Costs of the Phase # 2 Improvements to be undertaken for the benefit of the Phase# 2 Assessed Property, the purposes of the Phase# 2 Assessments, the special benefits of the Phase# 2 Improvements, and the penalties and interest on annual installments and on delinquent annual installments of the Phase # 2 Assessments; and WHEREAS, the City Council finds and determines that the Phase # 2 Assessment Roll and the Wharton Public Improvement No. 2 District Service and Assessment Plan, dated June 23, 2025, City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 5 of 26 in a form substantially similar to Exhibit A attached hereto ( the " Service and Assessment Plan"), and which is incorporated herein for all purposes, should be approved and that the Phase # 2 Assessments should be levied as provided in this Ordinance and the Service and Assessment Plan and the Phase # 2 Assessment Roll attached thereto as Exhibit G- 1; and WHEREAS, the City Council further finds that there were no objections or evidence submitted to the City Secretary in opposition to the Service and Assessment Plan, the allocation of the Actual Costs of the Phase# 2 Improvements( as described in the Service and Assessment Plan), the Phase 2 Assessment Roll, or the levy of the Phase # 2 Assessments against the Phase # 2 Assessed Property; and WHEREAS, the owners ( the " Landowners"), or their representatives, of the majority of the privately-owned and taxable property located within Phase# 2 of the District, who are the persons to be assessed pursuant to this Ordinance, have previously indicated their approval and acceptance of the Service and Assessment Plan, approval of the Phase # 2 Assessment Roll, approval of this Ordinance, and approval of the levy of the Phase # 2 Assessments against their property located within Phase# 2 of the District; and WHEREAS, theCity 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, determined to proceed with the adoption of this Ordinance in conformity with the requirements of the PID Act. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS AS FOLLOWS: Section 1. Terms. Terms not otherwise defined herein are defined in the Service and Assessment Plan. Section 2. Findinl4s. The findings and determinations set forth in the preambles hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. The City Council hereby finds, determines, and ordains, as follows: a) The apportionment of the Actual Costs of the Phase # 2 Improvements ( as reflected in the Service and Assessment Plan), and the Annual Collection Costs ( as defined in and as described by the Service and Assessment Plan) is fair and reasonable, reflects an accurate presentation of the special benefit each assessed parcel of Phase # 2 Assessed Property will receive from the construction of the Phase# 2 Improvements identified in the Service and Assessment Plan, and is hereby approved; City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 6 of 26 The Service and Assessment Plan ( i) covers a period of at least five years, ( ii) defines the annual indebtedness and projected costs for the Phase # 2 Improvements, and ( iii) includes a copy of the notice form required by Section 5. 014 of the Texas Property Code, as amended; The Service and Assessment Plan apportions the Actual Costs of the Phase # 2 Improvements to be assessed against the Phase # 2 Assessed Property as Phase # 2 Assessments and such apportionment is made on the basis of special benefits accruing to the Phase# 2 Assessed Property because of the Phase# 2 Improvements; All of the real property in Phase # 2 of the District which is being assessed in the amounts shown in the Phase # 2 Assessment Roll will be benefited by the Phase # 2 Improvements proposed to be constructed as described in the Service and Assessment Plan, and each assessed parcel of Phase 2 Assessed Property will receive special benefits during the term of the Phase # 2 Assessments equal to or greater than the total amount assessed; The method of apportionment of the Actual Costs of the Phase # 2 Improvements and Annual Collection Costs set forth in the Service and Assessment Plan results in imposing equal shares of the Actual Costs of the Phase# 2 Improvements and Annual Collection Costs on property similarly benefited, and results in a reasonable classification and formula for the apportionment of the Actual Costs of the Phase# 2 Improvements; The Service and Assessment Plan should be approved as the service plan and assessment plan for Phase# 2 the District as described in Sections 372. 013 and 372. 014 of the PID Act; The Phase# 2 Assessment Roll should be approved as the assessment roll for the Phase# 2 Assessed Property within Phase# 2 of the District; The provisions of the Service and Assessment Plan relating to due and delinquency dates for the Phase# 2 Assessments, interest on Annual Installments, interest and penalties on delinquent Phase 2 Assessments and delinquent Annual Installments, and procedures in connection with the imposition and collection of Assessments should be approved and will expedite collection of the Phase # 2 Assessments in a timely manner in order to provide the services and improvements needed and required for Phase# 2 of the District; and A written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public for the time required by law preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered, and formally acted upon. Section 3. Service and Assessment Plan. The Service and Assessment Plan is hereby accepted and approved pursuant to Sections 372. 013 and 372. 014 of the PID Act as the service plan and the assessment plan for the District. Section 4. Phase# 2 Assessment Roll. City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 7 of 26 The Phase # 2 Assessment Roll is hereby accepted and approved pursuant to Section 372. 016 of the PID Act as the Phase # 2 Assessment Roll of Phase# 2 of the District. Section 5. Lew and Payment of Phase # 2 Assessments for Actual Costs of Phase # 2 Improvements. a The tY Council herebyY levies an assessment City on each parcel of Phase # 2 Assessed Property( P rtY( excludingg Non- Benefited Property, as defined in the Service and Assessment Plan), as shown and described in the Service and Assessment Plan and the Phase # 2 Assessment Roll, in the respective amounts shown on the Phase # 2 Assessment Roll, as a special assessment on the properties set forth in the Phase# 2 Assessment Roll. b) The levy of the Phase# 2 Assessments shall be effective on the date of execution of this Ordinance levying the Phase# 2 Assessments and strictly in accordance with the terms of the Service and Assessment Plan and the PID Act. c) The collection of the Phase # 2 Assessments shall be as described in the Service and Assessment Plan and the RID Act. d) Each Phase # 2 Assessment may be paid in a lump sum at any time or may be paid in Annual Installments pursuant to the terms of the Service and Assessment Plan. e) Each Phase# 2 Assessment shall bear interest at the rate or rates specified in the Service and Assessment Plan. f) Each Annual Installment shall be collected each year in the manner set forth in the Service and Assessment Plan. g) The Annual Collection Costs for the Assessed Property shall be calculated and collected pursuant to the terms of the Service and Assessment Plan. Section 6. Method of Assessment. The method of apportioning the Actual Costs of the Phase# 2 Improvements and Annual Collection Costs is set forth in the Service and Assessment Plan. Section 7. Penalties and Interest on Delinquent Phase# 2 Assessments. Delinquent Phase # 2 Assessments shall be subject to the penalties, interest, procedures, and foreclosure sales set forth in the Service and Assessment Plan and as allowed by law. Section 8. Prepayments of Phase# 2 Assessments. As provided in Section VI of the Service and Assessment Plan, the owner of any Phase# 2 Assessed Property subject to a Phase# 2 Assessment may prepay the Assessments levied by this Ordinance. Section 9. Lien PrioritN. City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 8 of 26 The City Council and the Landowners intend for the obligations, covenants and burdens on the Landowners of each parcel of Phase # 2 Assessed Property, including without limitation such Landowners' obligations payment of the Phase # 2 Assessments and the Annual related to Installments thereof, to constitute covenants that shall run with the land. The Phase# 2 Assessments and the Annual Installments thereof which are levied hereby shall be binding upon the Landowners, as the owners of each parcel of Phase # 2 Assessed Property, and their respective transferees, legal representatives, heirs, devisees, successors and assigns in the same manner and for the same period as such parties would be personally liable for the payment of ad valorem taxes under applicable law. Phase# 2 Assessments shall have lien priority as specified in the Service and Assessment Plan and the PID Act. Section 10. Appointment of Administrator and (' ollcctor of Phase 92 Assessments. a) Appointment of Administrator. Pursuant to the Phase # 1 Assessment Ordinance, MuniCap, Inc. was appointed and designated to initially serve, or until otherwise determined by the City Council, as the Administrator of the Original Service and Assessment Plan and of the Phase # 1 Assessments levied by the Phase # 1 Assessment Ordinance. MuniCap, Inc. shall continue to serve, or until otherwise determined by the City Council, as the Administrator of the Service and Assessment Plan and shall serve as the Administrator of the Phase # 2 Assessments levied by this Ordinance. The Administrator shall perform the duties of the Administrator described in the Service and Assessment Plan and in this Ordinance. The Administrator' s fees, charges and expenses for providing such service shall constitute an Annual Collection Cost. b) Appointment of Temporary Collector. The City' s City Manager is hereby appointed and designated as the temporary collector of the Phase# 2 Assessments( the " Collector"). The Collector shall serve in such capacity until such time as the City shall arrange for the Collector' s duties to be performed by the Tax Assessor/ Collector of Wharton County, or another qualified collection agent selected by the City Section 11. Applicability of Tax Code. To the extent not inconsistent with this Ordinance, and not inconsistent with the PID Act or the other laws governing public improvement districts, the provisions of the Texas Tax Code shall be applicable to the imposition and collection of the Phase# 2 Assessments by the City. Section 12. Filing in Land Records. The City Secretary is directed to cause a copy of this Ordinance, including the Service and Assessment Plan and the Phase # 2 Assessment Roll, to be recorded in the real property records of Wharton County not later than the seventh day after the date the City Council adopts this ordinance approving the Service and Assessment Plan. The City Secretary is further directed to similarly file City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 9 of 26 each Annual Service Plan Update ( as defined in the Service and Assessment Plan) approved by the City Council. Section 13. Severability. If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance or the application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council that no portion hereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity or any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 14. Effective Date. This Ordinance shall take effect, and the levy of the Phase# 2 Assessments, and the provisions and terms of the Service and Assessment Plan shall be and become effective upon passage and execution hereof. d ADOPTED, PASSED, AND APPROVED on this the 23` day of June, 2025. Mayor ATTEST: City Secretary Councilmember Larry Pittman seconded the motion. All voted in favor. The second item on the agenda was to review and consider an ordinance of the City Council of the City of Wharton, Texas, approving and authorizing the Issuance and Sale of the City of Wharton, Texas, Special Assessment Revenue Bonds, Series 2025 ( Wharton Public Improvement District No. 2 Phase # 1 Project and Phase# 2 Project); and approving and authorizing related agreements. Finance Director Joan Andel presented a copy of the ordinance approving and authorizing the sale of the City of Wharton, Texas, Special Assessment Revenue Bonds, Series 2025 ( Wharton Public Improvement District No. 2, Phase # 1 Project and Phase # 2 Project), and approving and authorizing related agreements. After some discussion, Councilmember Russell Machann moved to approve the City of Wharton Resolution No. 2025- 14, which read as follows: CITY OF WHARTON, TEXAS ORDINANCE NO. 2025- 14 City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 10 of 26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, APPROVING AND AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF WHARTON, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2025 WHARTON PUBLIC IMPROVEMENT DISTRICT NO. 2 PHASE # 1 PROJECT AND PHASE # 2 PROJECT); AND APPROVING AND AUTHORIZING RELATED AGREEMENTS. WHEREAS, the City of Wharton, Texas ( the " City"), pursuant to and in accordance with the terms, provisions and requirements of the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code ( the " PID Act"), has previously established the " Wharton Public Improvement District No. 2" ( the " District"), pursuant to Resolution No. 2023- 88 adopted by the City Council of the City ( the" City Council") on October 23, 2023; and WHEREAS, pursuant to the PID Act, the City Council published notice of and convened a public hearing on May 13, 2024 regarding the levy of special assessments against benefitted property located within Phase# 1 of the District and, after hearing testimony at such public hearing, the City Council closed the public hearing and adopted Ordinance No. 2024- 08 ( the" Phase# 1 Assessment Ordinance") on May 13, 2024; and WHEREAS, in the Phase# 1 Assessment Ordinance, the City Council approved and accepted the Wharton Public Improvement District No. 2 Service and Assessment Plan ( the " Original Service and Assessment Plan"),relating to the District and levied special assessments ( the " Phase # 1 Assessments") against the Phase # 1 Assessed Property ( as defined in the Original Service and Assessment Plan), as shown on the assessment roll that was attached to the Original Service and Assessment Plan as Exhibit F- 1 ( the" Phase# 1 Assessment Roll"); and WHEREAS, pursuant to the PID Act, the City Council published notice of and convened a public hearing on June 23, 2025 regarding the levy of special assessments against benefitted property located within Phase# 2 of the District and, after hearing testimony at such public hearing, the City Council closed the public hearing and adopted Ordinance No. 2025-[] ( the " Phase # 2 Assessment Ordinance" and together with the Phase # 1 Assessment Ordinance, the " Assessment Ordinances") on June 23, 2025; and WHEREAS, in the Phase # 2 Assessment Ordinance, the City Council approved and accepted an amended Wharton Public Improvement District No. 2 Service and Assessment Plan( as amended, the " Service and Assessment Plan"), relating to the District and levied special assessments ( the Phase# 2 Assessments" and together with the Phase# 1 Assessments, the" Assessments") against the Phase# 2 Assessed Property ( as defined in the Service and Assessment Plan), as shown on the assessment roll that was attached to the Service and Assessment Plan as Exhibit G- 1 ( the " Phase 2 Assessment Roll" and together with the Phase # 1 Assessment Roll, the " Assessment Rolls"); and City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 11 of 26 WHEREAS, capitalized terms used in this Ordinance and not otherwise defined herein shall have the meanings assigned to them in the Service and Assessment Plan; and WHEREAS, the City is authorized by the PID Act to issue its revenue bonds payable from the Assessments( the" Bonds") and other revenues received for the purposes of( i) paying a portion of the Actual Costs of the Authorized Improvements; ( ii) paying a portion of the costs incidental to the organization and administration of the District, ( iii) paying certain capitalized interest on the Bonds, and( iv) paying the Bond Issuance Costs, including funding a reserve fund and other costs related to the issuance of the Bonds; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to issue its bonds to be designated " City of Wharton, Texas, Special Assessment Revenue Bonds, Series 2025 ( Wharton Public Improvement District No. 2 Phase # 1 Project and Phase # 2 Project)"( the" Bonds"), such series to be payable from and secured by the Trust Estate( as defined in the Indenture); and WHEREAS, the City Council hereby finds and determines to( i) approve the issuance of the Bonds to finance a portion of the Actual Costs of the Authorized Improvements, as identified in the Service and Assessment Plan,( ii) approve the form, terms, and provisions of an Indenture( defined below) securing the Bonds authorized hereby, ( iii) approve the form, terms and provisions of a Bond Purchase Agreement( defined below) between the City and the purchaser of the Bonds, ( iv) approve a Preliminary Limited Offering Memorandum ( defined below) and a Limited Offering Memorandum ( defined below), and ( v) approve the form, terms and provisions of a Continuing Disclosure Agreement( defined below); and WHEREAS, the meeting at which this Ordinance is considered is open to the public as required by law, and the public notice of the time, place and purpose of said meeting was given as required by Chapter 551, Texas Government Code; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS AS FOLLOWS: SECTION 1. Approval of Issuance of Bonds and Indenture of Trust. The issuance of the Bonds in the principal amount of $[ for the purpose of providing funds ( i) paying a portion of the Actual Costs of the Authorized Improvements; ( ii) paying a portion of the costs incidental to the organization and administration of the District, ( iii) paying certain capitalized interest on the and ( iv) paying the Bond Issuance Costs, Bonds, including funding a reserve fund and other costs related to the issuance of the Bonds, is hereby authorized and approved. The Bonds shall be issued and secured under that certain Indenture of Trust( the" Indenture") dated as of July 1, 2025, between the City and U.S Bank Trust Company, National Association, as trustee the " Trustee"), which Indenture is hereby approved in substantially the form attached hereto as City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 12 of 26 Exhibit A, which is incorporated herein as a part hereof for all purposes, with such changes or additions thereto as may be approved by the Mayor or Mayor Pro Tern of the City( upon the advice of the City Manager and the City' s advisors) as evidenced by the execution and delivery thereof. The Mayor or Mayor Pro Tern of the City is hereby authorized and directed to execute the Indenture and the City Secretary is hereby authorized and directed to attest such signature of the Mayor or Mayor Pro Tern and such officials are hereby authorized to deliver the Indenture. The Bonds shall be registered, shall be dated, shall be issued in the denominations, shall mature on the date or dates and in the principal amounts, shall bear interest, shall be subject to redemption and shall have such other terms, conditions and provisions as set forth in the Indenture. The Bonds shall be in substantially the form set forth in the Indenture with such insertions, omissions and modifications as may be required to conform the form of bond to the actual terms of the Bonds. The Bonds shall be payable from and secured by the Pledged Revenues ( as defined in the Indenture) and other assets of the Trust Estate pledged to such series, and shall never be payable from ad valorem taxes. SECTION 2. Sale of Bonds; Approval of Bond Purchase Agreement. The Bonds shall be sold to FMSbonds, Inc. ( the " Underwriter") under that certain Bond Purchase Agreement ( the " Bond Purchase Agreement"), dated the date hereof, between the City and the Underwriter, substantially in the form attached hereto as Exhibit B which is incorporated herein as a part hereof for all purposes, which terms of sale are declared to be in the best interests of the City at the price and on the terms and provisions set forth in the Bond Purchase Agreement. The form, terms and provisions of the Bond Purchase Agreement are hereby authorized and approved with such changes as may be necessary or desirable to carry out the intent of this Ordinance and as approved by the City Manager and the City' s advisors, such approval to be evidenced by the execution and delivery of the Bond Purchase Agreement by the Mayor or Mayor Pro Tern of the City. The Mayor or Mayor Pro Tern of the City is hereby authorized and directed to execute and deliver the Bond Purchase Agreement. SECTION 3. Preliminary Limited Offering Memorandum and Limited Offering Memorandum. The form and substance of the Preliminary Limited Offering Memorandum for the Bonds ( the Preliminary Limited Offering Memorandum") and any addenda, supplement or amendment thereto and the final Limited Offering Memorandum ( the " Limited Offering Memorandum") are hereby in all respects approved and adopted. The Preliminary Limited Offering Memorandum and the Limited Offering Memorandum as thus approved and delivered, with such appropriate variations as shall be approved by the Mayor or Mayor Pro Tern of the City and the Underwriter, may be used by the Underwriter in the offering and sale of the Bonds. The City Secretary is hereby authorized and directed to include and maintain a copy of the Preliminary Limited Offering Memorandum and Limited Offering Memorandum and any addenda, supplement or amendment thereto thus approved among the permanent records of this meeting. The use and distribution of the Preliminary Limited Offering Memorandum in the offering of the Bonds is hereby ratified, approved and confirmed and the Preliminary Limited Offering Memorandum is hereby deemed final" as of its date, within the meaning of Rule 15c2- 12 of the Securities and Exchange Commission. Notwithstanding the approval and delivery of such Preliminary Limited Offering Memorandum and Limited Offering Memorandum by the Mayor or Mayor Pro Tem, this City City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 13 of 26 Council, including the Mayor and Mayor Pro Tem, are not responsible for and proclaim no specific knowledge of the information contained in the Preliminary Limited Offering Memorandum and Limited Offering Memorandum pertaining to the Wharton Lakes Development ( as described in the Limited Offering Memorandum), the Development Manager ( as defined in the Limited Offering Memorandum), the Developer( as defined in the Limited Offering Memorandum) or their financial ability, or regarding any builders or landowners, or the appraisal of the property in the District. SECTION 4. Continuing Disclosure Agreement. That certain " City of Wharton, Texas, Special Assessment Revenue Bonds, Series 2025 ( Wharton Public Improvement District Phase# 1 Project and Phase # 2 Project) Continuing Disclosure Agreement of the Issuer" ( the " Continuing Disclosure Agreement") by and among the City, MuniCap, Inc., as Administrator, and U. S. Bank Trust Company, National Association, as dissemination agent, is hereby authorized and approved in substantially the form attached hereto as Exhibit C which is incorporated herein as a part hereof for all purposes and the City Manager, Mayor and Mayor Pro Tem of the City is authorized and directed to execute and deliver such Continuing Disclosure Agreement with such changes as may be required to carry out the purpose of this Ordinance and as approved by the City Manager, Mayor or Mayor Pro Tem, such approval to be evidenced by the execution thereof. SECTION 5. Additional Actions. The Mayor, the Mayor Pro Tem, the City Manager, the Finance Director, and the City Secretary are each hereby authorized and directed to take any and all actions on behalf of the City necessary or desirable to carry out the intent and purposes of this Ordinance and to issue the Bonds in accordance with the terms of this Ordinance. The Mayor, the Mayor Pro Tem, the City Manager, the Finance Director, and the City Secretary are each hereby authorized and directed to execute and deliver any and all certificates, agreements, notices, instruction letters, requisitions, and other documents which may be necessary or advisable in connection with the sale, issuance and delivery of the Bonds and the carrying out of the purposes and intent of this Ordinance or any other certificates, agreements, or other documents subsequent to the delivery of the Bonds which may be necessary or appropriate to carry out or fulfill the purpose and intent of the Service and Assessment Plan and the acquisition and/ or construction of the Authorized Improvements. SECTION 6. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 8. Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance or the application thereof to other circumstances shall nevertheless be valid, and this governing body hereby declares that this Ordinance would have been enacted without such invalid provision. City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 14 of 26 SECTION 9. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 10. Incorporation of Findings and Determinations. The findings and determinations of the City Council contained in the preamble of this Ordinance are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. SECTION 11. Effective Date. This Ordinance shall take effect and be in force immediately from and after its adoption on the date shown below in accordance with Texas Government Code, Section 1201. 028, as amended. ADOPTED, PASSED, AND APPROVED on this the 23rd day of June, 2025. Mayor ATTEST: City Secretary Councilmember Larry Pittman seconded the motion. All voted in favor. The third item on the agenda was to review and consider the City of Wharton Financial Report for May 2025. Finance Director Joan Andel presented the City of Wharton Financial Report for the month ofMay 2025. Finance Director Joan Andel presented the City of Wharton Financial Report for the month of May 2025. After some discussion, Councilmember Russell Machann moved to approve the City of Wharton Financial Report for the month of May 2025. Councilmember Steve Schneider seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a request from Mr. Walter Garrett to address the City Council regarding the following: A. Drainage System( Barfield, Red River Road). B. Culverts. C. Litter. D. Truck Traffic. E. Speeding. F. Brush. G. Weeds and grass in road ditch. City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 15 of 26 Mr. Walter Garrett addressed the City Council with his concerns on Barfield Road and Red River Road. He also discussed his other complaints throughout the City. After some discussion, no action was taken. The fifth item on the agenda was to review and consider a request from Mr. Munir Munawar on behalf of Irapak Investments LLC for a plat of A20034 Abst. 34, Tract 69- 8 for commercial development. Development Gwyn Teves presented a copy of a request Director of Planning & from Mr. Munir Munawar on behalf of Irapak Investments LLC for a plat of A20034 Abst. 34, Tract 69- 8 for commercial development. Mrs. Teves stated that the Planning Commission was recommending approval ofthis item and was sending it forward to the Council for a final decision. After some discussion, Councilmember Terry Freese moved to approve the request from Mr. Munir Munawar on behalf of Irapak Investments LLC for a plat of A20034 Abst. 34, Tract 69- 8 for commercial development. Councilmember Larry Pittman seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the roof repairs at the City of Wharton Animal Shelter and authorizing the City Manager of the City of Wharton to execute all documents related to said repairs. Chief Terry David Lynch stated that quotes were received for the roof repair at the City of Wharton Animal Shelter as follows: 1. Priority Roofing and Construction-$ 6, 250. 00. 2. Rick' s Roofing and Restoration, LLC-$ 6, 376. 17. 3. Weather Guard Roofing-$ 6, 963. 00. Chief Lynch stated the City Staff was recommending Priority Roofing and Construction for the repairs. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2025- 41, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 41 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE ROOF REPAIRS AT THE CITY OF WHARTON ANIMAL SHELTER AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID REPAIRS. WHEREAS, Quotes were received for the roof repairs at the City of Wharton Animal Shelter; and, WHEREAS, Priority Roofing and Construction was deemed the best lowest qualified bidder in the amount of$ 6, 250. 00; and, City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 16 of 26 WHEREAS, The Wharton City Council wishes to approve Priority Roofing and Construction for the roof repairs at the City of Wharton Animal Shelter in the amount of$ 6,250. 00; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute all documents related to said repair. 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 said repairs at the City of Wharton Animal Shelter with Priority Roofing and Construction in the amount of$ 6, 250. 00. SECTION II. The Wharton City Council hereby authorizes the City Manager to execute all documents related to said repairs. SECTION III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 23rd day of June 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS Councilmember David Voulgaris seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider a resolution of the Wharton City Council approving an agreement for medical, long-term disability, life, accidental death & dismemberment, flexible spending account, health reimbursement account, and voluntary vision plans for city employees for October 1, 2025, to September 30, 2026, Fiscal Year for coverage for City employees; authorizing the Mayor of the City of Wharton to execute all documents relating to said contracts. City Secretary Paula Favors stated the City Council approved contracting with HUB International in 2024 to send out requests for proposals for health insurance premiums. Mrs. Favors said the TX Health Benefits Pool' s increase for the next fiscal year would be an increase of 1. 9%, which was minimal compared to years past. She said the proposal was for the same benefit level that the City currently had for its employees, and it was the City Staff s recommendation to approve the agreement with Texas Health Benefits Pool for FY 2025- 2026. After some discussion, City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 17 of 26 Councilmember David Voulgaris moved to approve City of Wharton Resolution No. 2025- 42, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 42 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING AN AGREEMENT FOR MEDICAL, LONG- TERM DISABILITY, LIFE, ACCIDENTAL DEATH & DISMEMBERMENT, FLEXIBLE SPENDING ACCOUNT, HEALTH REIMBURSEMENT ACCOUNT, AND VOLUNTARY VISION PLANS FOR CITY EMPLOYEES FOR OCTOBER 1, 2025, TO SEPTEMBER 30, 2026, FISCAL YEAR FOR COVERAGE FOR CITY EMPLOYEES; AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATING TO SAID CONTRACTS. WHEREAS, The City of Wharton received the rate for medical, long- term disability, life, accidental death & dismemberment for city employees, voluntary vision through HUB International for City employees; and, WHEREAS, The City of Wharton medical plan with Texas Health Benefits Pool would be a 1. 9% increase; and, WHEREAS, The City of Wharton would provide to each full- time employee a $ 1, 250 yearly contribution to the employee health reimbursement account ( HRA) administered by the Texas Health Benefits Pool; and, WHEREAS, The Mayor of the City of Wharton has executed on behalf of the City said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, as follows: Section I. That the Wharton City Council hereby approves the interlocal agreement with Texas Health Benefits Pool for medical, long- term disability, life, and accidental death & dismemberment coverage, voluntary vision for City employees, signed by the Mayor. Section II. The Wharton City Council hereby approves providing to each full-time employee a 1, 250 yearly contribution to the employee health reimbursement account ( HRA) administered by the Texas Health Benefits Pool. Section III. That the Mayor of the City of Wharton' s execution of all documents relating to the aforementioned agreements is hereby approved. Section IV. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 23rd day of June 2025. City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 18 of 26 CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Larry Pittman seconded the motion. All voted in favor. The eighth item on the agenda was to review and consider the TX CDBG Regional Mitigation Grant: A. Resolution: A resolution of the City Council of Wharton, Texas, designating authorized signatories for contractual documents and documents for requesting funds pertaining to the Texas Community Development Block Grant Regional Mitigation ( TX CDBG-MIT) Program Grant Agreement Number 24- 065- 132- E990. B. Resolution: A resolution of the Wharton City Council adopting a resolution regarding civil rights for the Texas Community Development Block Grant Regional Mitigation ( TX CDBG- MIT) Program and authorizing the Mayor of the City of Wharton to execute all documents related to said resolution. Director of Planning& Development Gwyn Teves stated the City was notified of the award of the TX CDBG Regional Mitigation Grant in the amount of$ 4, 360, 800. 00 on April 22, 2025, and held a kick- off meeting with the GLO on May 8, 2025. Mrs. Teves said that as part of that meeting, the list of required start- up documentation was provided, and on the list of items were resolutions authorizing signatories for the grant and a Civil Rights Resolution. She said that these items had been completed in the ppast with pprevious grants, p rants and these resolutions would designate g signatories and policies for this specific grant per the requirements of the GLO. Director Teves stated it was the City Staff s recommendation that the City Council authorize the execution of these items as part of the TX CDBG Regional Mitigation grant process. After some discussion, Councilmember Russell Machann moved to approve o City of Wharton Resolution No. 2025- 43 and 2025- 44, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 43 A RESOLUTION OF THE CITY COUNCIL OF WHARTON, TEXAS, DESIGNATING AUTHORIZED SIGNATORIES FOR CONTRACTUAL DOCUMENTS AND DOCUMENTS FOR REQUESTING FUNDS PERTAINING TO THE TEXAS City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 19 of 26 COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL MITIGATION ( TX CDBG- MIT) PROGRAM GRANT AGREEMENT NUMBER 24- 065- 132- E990. WHEREAS, The City of Wharton has received a Texas Community Development Block Grant Regional Mitigation award through the General Land Office ( GLO); and, WHEREAS, It is necessary to appoint persons to execute contractual documents, environmental review documents, and documents requesting grant funds from the GLO; and, WHEREAS, All funds will be used in accordance with all applicable federal, state, local, and programmatic including but not limited to procurement, requirements, environmental review, labor standards, real property acquisition, and civil rights requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WHARTON, TEXAS: Section I. The Mayor shall serve as the Chief Executive Officer and Authorized Representative to execute contractual documents. Section II. The Mayor is authorized to review and execute environmental review documents between the GLO and the City of Wharton. Section III. The Mayor, City Manager, and City Finance Director are authorized to execute the Request for Payment Form documents and/ or other forms required for requesting funds to reimburse project costs. Passed, Approved, and Adopted this 23rd day of June 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 20 of 26 CITY OF WHARTON RESOLUTION NO. 2025- 44 A RESOLUTION OF THE WHARTON CITY COUNCIL ADOPTING A RESOLUTION REGARDING CIVIL RIGHTS FOR THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL MITIGATION ( TX CDBG- MIT) PROGRAM AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID RESOLUTION. WHEREAS, The City of Wharton, Texas, ( hereinafter referred to as " City of Wharton") has been awarded TxCDBG funding through a TxCDBG Grant from the General Land Office hereinafter referred to as" GLO"); and, WHEREAS, The City of Wharton, in accordance with Section 109 of Title I of the Housing and Community Development Act( 24 CFR 6); the Age Discrimination Act of 1975 ( 42 U. S. C. 6101- 6107); and Section 504 of the Rehabilitation Act of 1973 ( 29 U. S. C. 794) and for construction contracts greater than $ 10, 000, must take actions to ensure that no person or group is denied benefits such as employment, training, housing, and contracts generated by the CDBG activity, on the basis of race, color, religion, sex, national origin, age, or disability; and, WHEREAS, The City of Wharton, in consideration for the receipt and acceptance of federal and/ or state funding for the Contract, agrees to comply with all federal and state rules and regulations, including those rules and regulations governing citizen participation and civil rights protections; and, WHEREAS, The City of Wharton, in accordance with Section 3 of the Housing and Urban Development Act of 1968, as amended, and 24 CFR Part 75, is required, to the greatest extent feasible, to provide training and employment opportunities to lower income residents and contract opportunities to businesses in the TxCDBG project area; and, WHEREAS, The City of Wharton, in accordance with Section 104( 1) of the Housing and Community Development Act, as amended, and State' s certification requirements at 24 CFR 91. 325( b)( 6), must adopt an excessive force policy that prohibits the use of excessive force against non- violent civil rights demonstrations; and, WHEREAS, The City of Wharton, in accordance with Executive Order 13166, must take reasonable steps to ensure meaningful access to services in federally assisted programs and activities by persons with limited English proficiency ( LEP) and must have an LEP plan in place specific to the locality and beneficiaries for each TxCDBG project; and, City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 21 of 26 WHEREAS, The City of Wharton, in accordance with Section 504 of the Rehabilitation Act of 1973, does not discriminate on the basis of disability and agrees to ensure that qualified individuals with disabilities have access to programs and activities that receive federal funds; and, WHEREAS, The City of Wharton, in accordance with Section 808( e)( 5) of the Fair Housing Act 42 USC 3608( e)( 5)) that requires HUD programs and activities be administered in a manner affirmatively to further the policies of the Fair Housing Act, agrees to conduct at least one activity during the contract period to affirmatively further fair housing; and, WHEREAS, The City of Wharton agrees to maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, as follows: Section I. The Wharton City Council hereby approves and adopts the resolution regarding Civil Rights for the Texas Community Development Block Grant Regional Mitigation( TX CDBG-M1T), including: 1. Citizen Participation Plan and Grievance Procedures. 2. Excessive Force Policy. 3. Section 504 Policy and Grievance Procedures. Section II. The Wharton City Council hereby authorizes the Mayor or the City of Wharton to execute all documents related to said plans. Passed, Approved, and Adopted this 23rd day of June 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 22 of 26 City Secretary Councilmember Steve Schneider 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 amending the Master Agreement with HDR Engineering Inc. for the levee real estate support services for the City of Wharton, Wharton Flood Risk Management Project, and authorizing the Mayor of the City of Wharton to execute the amendment. Director of Planning and Development Gwyn Teves stated the City Council approved and entered into an agreement for Levee Real Estate Support Services Consultant for the City of Wharton, Wharton Flood Risk Management Project with HDR Engineering Inc. on June 18, 2019, for a term of 5 years with two (2) 1- year extension options. Mrs. Teves said the 5- year expiration date was June 17, 2024, and the project was still ongoing, and the services were still required. She said a 1- year extension was granted in 2024, and at this time, Phase 2 of the Levee had been authorized, and services need to be extended further. After some discussion, Councilmember Larry Pittman moved to approve City of Wharton Resolution No. 2025- 45, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 45 A RESOLUTION OF THE WHARTON CITY COUNCIL AMENDING THE MASTER AGREEMENT WITH HDR ENGINEERING INC. FOR THE LEVEE REAL ESTATE SUPPORT SERVICES FOR THE CITY OF WHARTON, WHARTON FLOOD RISK MANAGEMENT PROJECT, AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE THE AMENDMENT. WHEREAS, On June 18, 2019, the Wharton City Council entered into an agreement with HDR Engineering Inc. for the Levee Real Estate Support Services for the City of Wharton, Wharton Flood Risk Management Project; and, WHEREAS, The services of HDR are still needed for Phase 2 of the project which has been authorized to proceed. WHEREAS, The Wharton City Council wishes to amend the master agreement with HDR Engineering Inc. for Levee Real Estate Support Services for the City of Wharton, Wharton Flood Risk Management Project as attached; and, WHEREAS, The City of Wharton and HDR Engineering, Inc. wishes to be bound by the conditions set forth in the agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute said contract amendment. City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 23 of 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby approves the amendment and authorizes the Mayor of the City of Wharton to execute the amended agreement with HDR Engineering Inc. for the Levee Real Estate Support Services for the City of Wharton, Wharton Flood Risk Management Project. Section II. The City of Wharton and HDR Engineering, Inc. are hereby bound by the conditions set forth in the contract amendment. Section III. That this resolution shall become effective immediately upon its passage. d PASSED, APPROVED, and ADOPTED this 23` day of June 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember David Voulgaris seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider an update of the City of Wharton Grant Programs. Planning and Development Director Gwyn Teves presented an update on the City of Wharton Grant Programs. After some discussion, no action was taken. The eleventh item on the agenda was to review and consider an update on the City of Wharton' s ongoing projects. After some discussion, no action was taken. The twelfth 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. City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 24 of 26 After some discussion, Councilmember Russell Machann moved to appoint the following: A. Wharton Regional Airport Board: 1. Eric Nelson 2. Randy Rodriguez 3. Bill Kingrey B. Beautification Commission: 1. Amanda Gonzales 2. Sheryl Joost C. Building Standards Commission: 1. Leonard Morales 2. Paul Shannon D. Electrical Board: 1. Oscar Uribe 2. Councilmember Burnell Neal E. Mayor' s Committee on People with Disabilities: 1. Cheryl Lavergne 2. Kaitlyn Humberson 3. Delia Gonzales 4. Sheena Barbee 5. Loreen Gibson F. Municipal Court Judge: 1. Jared Cullar G. Planning Commission: 1. Johnnie Gonzales 2. Rob Kolacny 3. Michael Quinn H. Plumbing and Mechanical Board: 1. Robert Sanchez Councilmember Larry Pittman seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider the Department Head Reports: A. City Secretary/ Personnel. B. Code Enforcement. C. Community Services Department/ Civic Center. D. Emergency Management. E. E. M. S. Department. F. Fire Department. G. Legal Department. City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 25 of 26 H. Municipal Court. I. Police Department. J. Public Works Department. K. Water/ Sewer Department. L. Weedy Lots/ Sign Ordinance. M. Wharton Regional Airport. After some discussion, no action was taken. Councilmember Burnell Neal stated that Mr. Ryan Salazar had requested to pray at the beginning of the meeting. Mr. Salazar gave a prayer over the meeting. Executive Session 1. City Council may adjourn into an Executive Session in accordance with Sections 551. 074 of the Local Government Code, Revised Civil Statutes of Texas. Final action, decision, or vote, if any with regard to any matter considered in Executive Session shall be made in Open Meeting. Discussion: A. City Manager' s Evaluation. Mayor Tim Barker moved the meeting into Executive Session at 7: 54 pm. Return to Open Session l. Action on items discussed in Executive Session: A. City Manager' s Evaluation. Mayor Tim Barker moved the meeting into Open Session at 8: 27 p.m. After some discussion, Councilmember Russell Machann moved to increase City Manager Joseph R. Pace' s salary by 5 %. Councilmember Burnell Neal seconded the motion. All voted in favor. There being no further discussion, Councilmember David Voulgaris moved to adjourn. All voted in favor. The meeting adjourned at 8: 27 p.m. CITY OF WHARTON, TEXAS By: _ /, TIM BARKER City of Wharton City Council Regular Meeting Minutes- June 23, 2025 Page 26 of 26 Mayor AT T: PA A FAVORS City Secretary t 11