City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING JULY 14, 2025 Mayor Tim Barker declared a Regular Meeting duly open for the transaction of business at 7: 00 P. M. at City Hall, 120 E. Caney Street, Wharton, TX. Councilmember Russell Machann led the opening devotion, and Mayor Tim Barker led the Pledge of Allegiance. Councilmembers present were: Mayor Tim Barker, Councilmembers Terry Freese, Burnell Neal, Steve Schneider, Russell Machann, and Larry Pittman. Councilmember absent was: David Voulgaris. Staff members present were: City Manager, Joseph R. Pace; City Secretary/ Assistant City Manager, Paula Favors, CPM, TRMC, MMC; Assistant City Attorney, Amy Rod; Finance Director, Joan Andel; Director of Planning and Development, Gwyn Teves, CPM; Assistant to the City Manager, Brandi Jimenez; Police Chief, Terry David Lynch, Fire Chief, Hector Hernandez, and Public Works Director, Roderick Semien. Visitors present were: Susie Carlson and Alex De LaTorre. Roll Call and Excused Absences. Councilmember Russell Machann moved to excuse Councilmember David Voulgaris. Councilmember Larry Pittman seconded. Public Comments. Mayor Tim Barker called for Public Comments. No comments were given. Wharton Moment. Mayor Tim Barker called for the Wharton Moment. 1. City Manager Joseph R. Pace stated prayers were needed for the victims and their families of the Central Texas flooding. 2. Councilmember Terry Freese stated it was a good start for the Freedom Fest, which was brought back by the Wharton Chamber of Commerce. 3. Mayor Tim Barker asked to keep the flood victims in prayers and condolences to City Manager Joseph R. Pace, who lost his mother in early July. 4. Councilmember Burnell Neal asked for a meeting with the City Manager and the Code Enforcement Department regarding citizens receiving letters regarding weedy lots, and giving some grace due to the rain conditions. City of Wharton City Council Regular Meeting Minutes- July 14, 2025 Page 2 of 10 Review and Consider: The first item on the agenda was to review and consider the reading of the minutes from the regular meetings held on June 9, 2025, and June 23, 2025, and special meetings held June 9, 2025, and June 24, 2025. After some discussion, Councilmember Russell Machann moved to approve the reading of the minutes from the regular meetings held on June 9, 2025, and June 23, 2025, and special meetings held June 9, 2025, and June 24, 2025. Councilmember Larry Pittman seconded the motion. All voted in favor. The second item on the agenda was to review and consider a request from Alejandro Dela Torre on behalf of Graba Equity Corporation for a plat of A. Jackson Timber League, Abst. 34, 7. 574 Ac. Tract, Blk 24D for subdivision. Director of Planning and Development, Gwyn Teves, presented a copy of a request from Alejandro Dela Torre on behalf of Graba Equity Corporation for a plat of A. Jackson Timber League, Abst. 34, 7. 574 Ac. Tract, Blk 24D for subdivision. Mrs. Teves stated that the Planning Commission recommended approval of this item and was forwarding it to the Council for a final decision. After some discussion, Councilmember Larry Pittman moved to approve the request from Alejandro Dela Torre on behalf of Graba Equity Corporation for a plat of A. Jackson Timber League, Abst. 34, 7. 574 Ac. Tract, Blk 24D for subdivision. Councilmember Russell Machann seconded the motion. All voted in favor. The third item on the agenda was to review and consider the Fire Apparatus- Pumper/ Tanker: A. Resolution: A resolution of the Wharton City Council authorizing the purchase of a Pierce- Custom Enforcer Pumper for the Fire Department from Siddons- Martin Emergency Group, LLC, through the HGACBuy Cooperative Program and authorizing the City Manager to execute all documents related to said purchase. B. Resolution: A resolution of the Wharton City Council approving a contract for the financing of a Pierce- Custom Enforcer Pumper for the Wharton Fire Department and authorizing the Mayor to execute all documents related to said purchase. Finance Director Joan Andel presented a copy of a memorandum and a quote from Fire Chief Hector Hernandez for the purchase of a Fire Apparatus- Pumper/Tanker for the Wharton Fire Department. Mrs. Andel stated the quote was from Siddons- Martin Emergency Service Group in the amount of $ 1, 203, 339. 00. Siddons- Martin Emergency Service Group is a member of the HGACBuy Cooperative Purchasing Program. She also presented a copy of a memorandum regarding the financing of the Pierce Custom Enforcer Pumper. She said the proposal was received from Government Capital regarding the financing of a Pierce Custom Enforcer Pumper for the Fire Department in the amount of$ 1, 203, 339. 00. Mrs. Andel stated the interest rate quoted was 4. 95% with a term of 15 payments, with the first payment to begin March 1, 2026. She said the first payment would be $ 275, 000, 00. 00 and would be funded by a grant from the Rural Volunteer Fire Department Assistance Program, and the annual payments would be $ 98, 887. 90, which included both principal and interest. Fire Chief Hector Hernandez stated these payments would be made from the Fire Department into the City of Wharton General Fund on an annual basis and would be included in the budget for the extent of the Chief Hernandez financing. said the Fire City of Wharton City Council Regular Meeting Minutes- July 14, 2025 Page 3 of 10 Department should receive the apparatus in the first( 1 st) quarter of 2026. After some discussion, Councilmember Larry Pittman moved to approve the resolutions as presented, pending approval from Government Capital and subject to removing the bank qualification requirement of the loan if necessary. City of Wharton Resolution No. 2025- 46 and City of Wharton Resolution No. 2025- 47, read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 46 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE PURCHASE OF A PIERCE- CUSTOM ENFORCER PUMPER FOR THE FIRE DEPARTMENT FROM SIDDONS- MARTIN EMERGENCY GROUP, LLC, THROUGH THE HGACBUY COOPERATIVE PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, A quote was received for the purchase of a Pierce-Custom Enforcer Pumper for the Fire Department; and, WHEREAS, The City of Wharton is a member of and participates in the HGACBuy Cooperative Purchasing Program; and, WHEREAS, Siddons- Martin Emergency Group, LLC submitted a quote in the amount of 1, 203, 339. 00; and, WHEREAS, The Wharton City Council wishes to approve Siddons-Martin Emergency Group, LLC for the purchase of a Pierce- Custom Enforcer Pumper in the amount of 1, 203, 339. 00 for the Fire Department; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute all documents related to said purchase. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby authorizes the City Manager to purchase a Pierce- Custom Enforcer Pumper for the Fire Department from Siddons- Martin Emergency Group, LLC, through the HGACBuy Cooperative Purchasing Program in the amount of$ 1, 203, 339. 00. SECTION II. The Wharton City Council hereby authorizes the City Manager to execute all documents related to the purchase of the equipment. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 14th day of July 2025. CITY OF WHARTON City of Wharton City Council Regular Meeting Minutes- July 14, 2025 Page 4 of 10 TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary CITY OF WHARTON RESOLUTION NO. 2025- 47 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A CONTRACT FOR THE FINANCING OF A PIERCE- CUSTOM ENFORCER PUMPER FOR THE WHARTON FIRE DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, The City of Wharton( the" Issuer")desires to enter into a Certain Finance Contract by and between the Issuer and Government Capital Corporation(" GCC") for the purpose of financing a Pierce Custom Enforcer Pumper for the Wharton Fire Department; and, WHEREAS, The City of Wharton desires to designate the Finance Contract as a" qualified tax- exempt obligation" of the Issuer for the purpose of Section 265 ( b) ( 3) of the Internal Revenue Code of 1986, as amended; and, WHEREAS, The City of Wharton desires to designate Tim Barker, Mayor, as an authorized signer of the Finance Contract. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. That the Issuer will enter into a Finance Contract with Government Capital Corporation for the purpose of financing a Pierce- Custom Enforcer Pumper for the Wharton Fire Department. SECTION II. That the Finance Contract by and between the City of Wharton and Government Capital Corporation is designated by the Issuer as a " qualified tax-exempt obligation" for the purposes of Section 2665 ( b) ( 3) of the Internal Revenue Code of 1986, as amended. SECTION III. That the Issuer appoints the Mayor or designee as the authorized signer of the Finance Contract by and between the City of Wharton and Government Capital Corporation as well as any other ancillary exhibit, certificate, or documentation needed for the Contract. Section IV. The Issuer will use the loan proceeds for reimbursement of expenditures related to City of Wharton City Council Regular Meeting Minutes- July 14, 2025 Page 5 of 10 the Property, within the meaning of Treasury Regulation 1. 150- 2, as promulgated under the Internal Revenue Code of 1986, as amended. This Resolution has been PASSED upon motion made by Council Member Larry Pittman and seconded by Council Member Russell Machann by a vote of 5 Ayes to 0 Nayes and is effective this 14th day of July 2025. CITY OF WHARTON, Issuer TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Russell Machann seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the purchase of eleven ( 11) Mobile Data Terminals ( MDTs) for the Wharton Police Department and authorizing the City Manager to execute all documents related to said purchase. Chief of Police Terry David Lynch presented a copy of a memorandum regarding the purchase of eleven( 11) new Mobile Data Terminals( MDTs) for the Wharton Police Department. Chief Lynch stated that the existing MDTs, over a decade old, can no longer be upgraded and do not meet current system requirements, including the mandated transition to the Windows 11 platform. He said that these replacements were necessary to maintain operational readiness, ensure software compatibility, and meet evolving technology standards. Chief Lynch stated that although not included in the current year' s budget, this purchase had been part of our five-year strategic technology plan. He said the total cost of the new Panasonic MDTs would be covered by Chapter 59 Asset Forfeiture Funds, and the City Staff was recommending Bob Johnson' s Computer Stuff, Inc., in the amount of$ 18, 924. 27. After some discussion, Councilmember Terry Freese moved to approve the City of Wharton Resolution No. 2025- 48, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 48 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE PURCHASE OF ELEVEN ( 11) MOBILE DATA TERMINALS ( MDTS) FOR THE WHARTON POLICE DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. City of Wharton City Council Regular Meeting Minutes- July 14, 2025 Page 6 of 10 WHEREAS, Quotes were received for the purchase of eleven( 11) Mobile Data Terminals( MDTs) for the Wharton Police Department; and, WHEREAS, Bob Johnson' s Computer Stuff, Inc., was deemed the best lowest qualified bidder in the amount of$ 18, 924. 27; and, WHEREAS, The Wharton City Council wishes to approve Bob Johnson' s Computer Stuff, Inc., for the purchase of eleven ( 11) Mobile Data Terminals ( MDTs) in the amount of 18, 924.27 for the Wharton Police Department; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute all documents related to said purchase. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby authorizes the City Manager to purchase eleven 11) Mobile Data Terminals( MDTs) for the Wharton Police Department from Bob Johnson' s Computer Stuff, Inc., in the amount of$ 18, 924. 27. SECTION II. The Wharton City Council hereby authorizes the City Manager to execute all documents related to the purchase. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 14th day of July 2025. CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Larry Pittman seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider a resolution of the Wharton City Council approving the purchase and installation of two aerobic sewer systems at the Wharton Regional Airport and authorizing the City Manager of the City of Wharton to execute all documents related City of Wharton City Council Regular Meeting Minutes- July 14, 2025 Page 7 of 10 to said purchase. City Secretary Paula Favors stated the item would be brought back before the City Council at a later date. The sixth item on the agenda was to review and consider a resolution of the Wharton City Council approving the establishment of a checking account for the City of Wharton Public Improvement District No. 2 with Prosperity Bank and authorizing the Mayor, City Manager, and Finance Director as the signatories. Finance Director Joan Andel stated that with the creation of Public Improvement District No. 2, it was necessary to establish a checking account at Prosperity Bank to receive deposits for assessments and to pay any invoices for the Public Improvement District. Mrs. Andel said the authorized signers would be the City Manager, Finance Director, and the Mayor. After some discussion, Councilmember Russell Machann moved to approve the City of Wharton Resolution No. 2025- 50, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 50 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE ESTABLISHMENT OF A CHECKING ACCOUNT FOR THE CITY OF WHARTON PUBLIC IMPROVEMENT DISTRICT NO. 2 WITH PROSPERITY BANK AND AUTHORIZING THE MAYOR, CITY MANAGER, AND FINANCE DIRECTOR AS THE SIGNATORIES. RESOLVES that the City Council of the City of Wharton authorize a new account with Prosperity Bank for the City of Wharton Public Improvement District No. 2; and, RESOLVES that the City Council of the City of Wharton, Texas hereby authorizes the following officers of the City of Wharton to the City' s Checking Account with Prosperity Bank: 1. Joseph R. Pace, City Manager Signature 2. Joan Andel, Finance Director Signature 3. Tim Barker, Mayor Signature RESOLVES that effective July 14, 2025, the above- listed City officials are the authorized signatories to the Checking Account. RESOLVES that this resolution shall become effective July 14, 2025. PASSED, APPROVED, and ADOPTED by the City Council of the City of Wharton, Texas this 14th day of July 2025. CITY OF WHARTON City of Wharton City Council Regular Meeting Minutes- July 14, 2025 Page 8 of 10 By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Larry Pittman seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider an ordinance establishing the City of Wharton Code of Ordinances, Appendix B— Downtown Development Regulations; providing that a violation of the ordinance or any part of the regulations as adopted hereby shall constitute a penalty upon conviction of a fine; providing for separability and setting date. an effective City Secretary Paula Favors stated the item would be brought back before the City Council at a later date. The eighth item on the agenda was to review and consider a resolution ofthe Wharton City Council approving Change Order No. 1 for the HDR Work Authorization No. 2 for the City of Wharton Levee Real Estate Support Services and authorizing the Mayor to execute all documents related to the Change Order. Director of Planning and Development, Gwyn Teves, stated that on June 18, 2019, the City Council authorized a contract with HDR Engineering for Real Estate Support Services and the Change Order No. 1 request from HDR for an amended not-to-exceed total due to the authorization of full acquisition and scope changes as needed for Work Authorization No. 2 for the City of Wharton Levee Real Estate Support Services. She said the following were the amendments: Services to be performed under this Work Authorization: Scope of services to be performed as reflected in the Master Agreement, Attachment 2, Consultant' s Scope of Services, with exclusions and assumptions listed below. The maximum number of properties will be revised to show 79 properties for acquisition, a maximum of 24 personal property relocations, and 20 residential relocations. The scope of services excludes the following sections: Task 2— Public Involvement Task 3 — Environmental Site Assessments, as needed Major and Other Scopes of Work o II. Acquisitions Activities C. 1. City of Wharton City Council Regular Meeting Minutes- July 14, 2025 Page 9 of 10 D. Assumptions to the scope that have been made for fee purposes: Major and Other Scopes of Work o V. Eminent Domain Support will be provided for up to 20 parcels. After some discussion, Councilmember Terry Freese moved to approve the City of Wharton Resolution No. 2025- 51, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 51 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING CHANGE ORDER NO. 1 FOR THE HDR WORK AUTHORIZATION NO. 2 FOR THE CITY OF WHARTON LEVEE REAL ESTATE SUPPORT SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO THE CHANGE ORDER WHEREAS, The Wharton City Council wishes to approve Change Order No. 1 for the HDR Work Authorization No. 2 for the City of Wharton Levee Real Estate Support Services; and, WHEREAS, The change order modifies the not-to- exceed amount and services due to authorization of the full acquisition of Phase 2; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor to execute all documents related to the change order. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby authorizes Change Order No. 1 for the HDR Work Authorization No. 2 for the City of Wharton Levee Real Estate Support Services. Section H. The Wharton City Council hereby authorizes the Mayor to execute all documents related to the change order. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 14th day of July 2025. CITY OF WHARTON, TEXAS By: TIM BARKER City of Wharton City Council Regular Meeting Minutes- July 14, 2025 Page 10 of 10 Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Larry Pittman seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider appointments, resignations, and vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. B. Appointments. C. Vacancies. After some discussion, Councilmember Terry Freese moved to approve the following: A. Resignations. Mike Wootton— Planning Commission Dana Arceo— Beautification Commission Councilmember Russell Machann seconded the motion. All voted in favor. City Secretary Paula Favors stated that Mr. Wootton had served the Planning Commission for over 35 years and thanked him for his service. There being no further discussion, Mayor Tim Barker moved to adjourn. All voted in favor. The meeting adjourned at 7: 15 p. m. CITY OF WHARTON, TEXAS By: T11kfBARK R Mayor TTE T: PA LA FAVORS fry , City Secretary