City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING AUGUST 11, 2025 Mayor Tim Barker declared a Regular Meeting duly open for the transaction of business at 7: 00 P. M. at City Hall, 120 E. Caney Street, Wharton, TX. Councilmember Burnell Neal led the opening devotion, and Mayor Tim Barker led the Pledge of Allegiance. Councilmembers present were: Mayor Tim Barker, Councilmembers Terry Freese, Burnell Neal, Russell Machann, Larry Pittman, and David Voulgaris. Councilmember absent was: Steve Schneider. Staff members present were: City Manager, Joseph R. Pace; City Secretary/ Assistant City Manager, Paula Favors, CPM, TRMC, MMC; City Attorney, Paul Webb; Finance Director, Joan Andel; Director of Planning and Development, Gwyn Teves, CPM; Assistant to the City Manager, Brandi Jimenez; Police Chief, Terry David Lynch. Visitors present were: Susie Carlson, Karen Smith, Executive Director of the Wharton Chamber of Commerce, and Walter Garrett. Roll Call and Excused Absences. Councilmember Burnell Neal moved to excuse Councilmember Steve Schneider. Councilmember Russell Machann seconded. Public Comments. Mayor Tim Barker called for Public Comments. 1. Walter Garrett stated on June 23, 2025 he brought his concerns to be reviewed to the City Council regarding the drainage on Barfield Road, traffic concerns, as well as many other issues. Mr. Garrett stated that after reviewing the minutes from the meeting, his concerns were not listed in their entirety, with just the statement that no action was taken. Wharton Moment. 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 July 14, 2025, and July 28, 2025, and the special meeting held on July 15, 2025. After some discussion, Councilmember Terry Freese moved to approve the reading of the minutes from the regular meetings held on July 14, 2025, and July 28, 2025, and the special meeting held on July 15, 2025. Councilmember Larry Pittman seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- August 11, 2025 Page 2 of I 1 The second item on the agenda was to review and consider a request from the Monterey Square Business Association for the following for the Monterey Square Wine and Arts Fair on October 11, 2025: A. Close Fulton Street between Burleson Street and Milam Street, as well as close Houston Street between Burleson Street and Hawes Street from 11: 30 a.m. until 10: 00 p.m. on Saturday, October 11, 2025. B. Pick up and return eight ( 8) generator lights for safety at the fair location and the Guffey Park parking area. C. Allow open containers for alcohol on City property on the exterior sides of Monterey Square and approximately two adjoining blocks to include all participating businesses. D. Waive all local permits and fees. E. Provide trash containers and bags. F. Have all historic downtown building lights( lights on the top of the buildings) working that are on the square. City Manager Joseph R. Pace presented a copy of a letter dated August 1, 2025, from Ms. Margaret Montgomery Kostka of the Monterey Square Business Association, which requested the aforementioned items. City Manager Pace stated the request was the same as in previous years. Councilmember Terry Freese moved to approve afore mentioned items A. through F. Councilmember Larry Pittman seconded the motion. All voted in favor. The third item on the agenda was to review and consider a request by Ms. Karen Smith, Executive Director of the Wharton Chamber of Commerce & Agriculture, for the City of Wharton' s assistance by approving the following for Party Under the Bridge to be held Thursday, October 16, 2025, at Riverfront Park: l. Traffic control as needed, including the route of a children' s train. 2. Access to electrical power within the park. 3. Trash cans and liners. 4. Request for mosquito spraying and fire ant treatment. 5. Allow open containers within the confines of the event area, coordinated with the Wharton Police Department. 6. Labor and logistics to pick up, set up, and return chairs and round tables owned by the Chamber. 7. Picking up, setting up, operating, and returning four generator- light plants that the Chamber will rent. 8. Waive all fees. City Manager Joseph R. Pace presented a copy of a letter dated July 29, 2025, from Wharton Chamber of Commerce Executive Director Karen Smith regarding Party Under the Bridge. City Manager Pace stated the request was the same as in previous years. After some discussion, Councilmember Russell Machann moved to approve the aforementioned items 1 through 8. Councilmember David Voulgaris seconded the motion. All voted in favor. City of Wharton CityCouncil Regular Meeting Minutes- August 11, 2025 Page 3 of 11 The fourth item on the agenda was to review and consider a request by Ms. Karen Smith, Wharton Chamber of Commerce & Agriculture Executive Director, for the 2025 Holiday Parade for the following: A. Ordinance: An ordinance approving the 2025 Chamber of Commerce& Agriculture Holiday Parade Permit and authorizing the Wharton Police Department to redirect traffic. B. The closure of State Highway 60 ( Burleson Street and Milam Street) from its intersection at Alabama Road and Polk Street and the 100 Block of South Fulton Street and South Houston Street from 5: 00 p. m. to 9: 00 p. m., and declare it as a" No Parking Zone" and place temporary no parking signs. C. City of Wharton to transport, set up, and return five( 5) portable lights for use during the parade. Wharton Chamber of Commerce & Agriculture Executive Director, Karen Smith, presented a request for the 2025 Holiday Parade. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Ordinance No. 2025- 16 and items B. and C. The Ordinance read as follows: CITY OF WHARTON ORDINANCE NO. 2025- 16 AN ORDINANCE APPROVING THE 2025 CHAMBER OF COMMERCE & AGRICULTURE HOLIDAY PARADE PERMIT AND AUTHORIZING THE POLICE DEPARTMENT TO REDIRECT TRAFFIC. WHEREAS, The Wharton Chamber of Commerce and Agriculture has filed an application for a parade permit with the City of Wharton Police Department as required under the City of Wharton Code of Ordinances, Chapter 82, Article III, Sec. 82- 91; and, WHEREAS, The requested parade route requires the City of Wharton to close State Highway 60 Burleson Street and Milam Street) from its intersection with Alabama Road and Polk Street and the 100 Block of South Fulton Street and South Houston Street from 5: 00 p. m. to 9: 00 p.m. and declare a" no parking zone" for such; and, WHEREAS, The closure of State Highway 60 will be for a time of less than four( 4) hours; and, WHEREAS, The closure will require the detouring of all traffic according to the map Attachment A) attached to this ordinance; and, WHEREAS, The routing of all traffic will include truck traffic to Alabama Road, which is prohibited by ordinance; and, WHEREAS, The City Council wishes to suspend for the duration of the parade the enforcement of said ordinance of trucks traveling on Alabama Road; and, City of Wharton City Council Regular Meeting Minutes- August 11, 2025 Page 4 of 11 WHEREAS, If there are any other ordinances that would be violated because of the re- routing of all traffic, their suspension is hereby authorized. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, that: Section I. The parade permit for the Wharton Chamber of Commerce and Agriculture is hereby approved. Section II. The parade route is hereby approved as detailed in the attached map ( Attachment A), which is hereby made part of this ordinance. Section III. The closure of all streets as indicated in said map identified in Section II is hereby authorized. Section IV. The traffic detour plan, as identified in Section III above, is hereby approved. Section V. The Chief of Police and City Staff are hereby authorized to make the necessary expenditures needed to ensure the safety of the public. Section VI. This ordinance shall become effective on the 2nd day of December 2025 and remain in effect until such time that the parade concludes. Passed, Approved, and Adopted this 11th day of August 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST PAULA FAVORS City Secretary Councilmember Russell Machann 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 a one-year extension for the City of Wharton bank depository services and authorizing the Mayor of the City of Wharton to execute all documents relating to said contract. Finance City of Wharton City Council Regular Meeting Minutes- August 11, 2025 Page 5 of 11 Director Joan Andel stated that on July 14, 2021, the City Council approved a Bank Depository Contract with Prosperity Bank for three years from October 1, 2021, through September 30, 2024, with an additional one-year period not to exceed two additional years. Director Andel said that on August 26, 2024, the City Council approved the first of the one-year extensions and was requesting the City Council consider approving the second one- year extension. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2025- 27, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 57 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A ONE- YEAR EXTENSION FOR THE CITY OF WHARTON BANK DEPOSITORY SERVICES AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATING TO SAID CONTRACT. WHEREAS, On June 14, 2021, the City of Wharton awarded a contract to Prosperity Bank for Depository Services for a three-year period to include two one-year extensions; and, WHEREAS, On August 26, 2024, the City of Wharton approved the first one- year extension with Prosperity Bank in accordance with the contract; and, WHEREAS, The Wharton City Council wishes to approve the second one- year extension with Prosperity Bank in accordance with the contract; and, WHEREAS, The City of Wharton and Prosperity Bank wish to be bound by the conditions as set forth in the agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents related to said extension. 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 second one- year extension of Depository Services in accordance with the agreement between the City of Wharton and Prosperity Bank. Section II. That the Wharton City Council wishes to authorize the Mayor of the City of Wharton, Texas, to execute all documents related to said contract. Section. III. That Prosperity Bank and the City of Wharton are hereby bound by the conditions as set forth in the agreement. Section IV. That this resolution shall become effective immediately upon its passage. City of Wharton City Council Regular Meeting Minutes- August 11, 2025 Page 6 of 11 Passed, Approved, and Adopted this the 1 Ith day of August, 2025. CITY OF WHARTON By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember David Voulgaris seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider an ordinance establishing the public necessity for rights of entry and/ or acquisition for public purposes, specifically for geotechnical studies, appraisal, surveying, environmental assessments, borings, and/ or property acquisition associated with the Lower Colorado River Basin Phase I and Phase II, Texas, Wharton Flood Risk Management Project; ratifying and affirming all previous actions undertaken by city attorneys and employees in connection with such acquisitions; and authorizing any other lawful measures necessary or incidental to these acquisitions. Director of Planning & Development Gwyn Teves stated the City of Wharton had been working with the U. S. Army Corps of Engineers ( USACE) on the Wharton Colorado Levee Project. Director Teves said USACE had been working to complete the design of Phase II, and the City had received authorization from USACE to begin Phase II and Baughman Slough acquisitions. She said that as a requirement for acquisition, if the property owners were not willing to work with or negotiate with the City, the City needed to have a Public Purpose Ordinance in place to begin condemnation proceedings. After some discussion, Councilmember Terry Freese moved to approve the City of Wharton Ordinance 2025- 17, which read as follows: CITY OF WHARTON ORDINANCE NO. 2025- 17 AN ORDINANCE ESTABLISHING THE PUBLIC NECESSITY FOR RIGHTS OF ENTRY AND/ OR ACQUISITION FOR PUBLIC PURPOSES, SPECIFICALLY FOR GEOTECHNICAL STUDIES, APPRAISAL, SURVEYING, ENVIRONMENTAL ASSESSMENTS, BORINGS, AND/ OR PROPERTY ACQUISITION ASSOCIATED  City of Wharton City Council Regular Meeting Minutes- August 11, 2025 Page 7 of 11 WITH THE LOWER COLORADO RIVER BASIN PHASE I AND PHASE II, TEXAS, WHARTON FLOOD RISK MANAGEMENT PROJECT; RATIFYING AND AFFIRMING ALL PREVIOUS ACTIONS UNDERTAKEN BY CITY ATTORNEYS AND EMPLOYEES IN CONNECTION WITH SUCH ACQUISITIONS; AND AUTHORIZING ANY OTHER LAWFUL MEASURES NECESSARY OR INCIDENTAL TO THESE ACQUISITIONS. WHEREAS, the City of Wharton, Texas, has determined that the tract( s) or parcel( s) of land, hereinafter described, are required for City public works Levee flood control improvements; and WHEREAS, the City may be unable to acquire public drainage and levee easements or fee simple interests in said parcel( s) by negotiation; now, BE IT ORDAINED BY THE WHARTON CITY COUNC IL that: SECTION I. AUTHORIZATION. The City Attorney, Paul Webb, and any contracted Special Legal Counsel of the City, is hereby authorized and funded to prepare appropriate legal documents and enter appropriate negotiations for the acquisition of the properties described in Exhibit " A". Failing such final attempt at negotiation, the City Attorney and/ or Special Legal Counsel is hereby authorized to initiate eminent domain condemnation proceedings in a court of competent jurisdiction in Wharton County, Texas on behalf of the City. Additionally, Special Legal Counsel is authorized to retain the professional services of an appraiser to value the subject tract( s). SECTION H. PUBLIC NECESSITY. The City Council of Wharton, Wharton County, Texas, declares that a public necessity exists for the City of Wharton to acquire easements and/ or fee simple interests in the real property located in Wharton County, Texas, and described in Exhibit A" attached hereto and made a part hereof. The City Attorney, Paul Webb, and/ or Special Legal Counsel, are hereby directed to finally determine the owner( s) of said real property, coordinate with the WhartonfeeCity Manager in an attempt to finally negotiate the purchase or grant of an easement and/ or simple interest in and to said properties in Exhibit" A"; and failing such effort at final negotiation, to institute and prosecute to conclusion, an eminent domain condemnation suit against the known and/ or unknown owner( s) of said property and against any and all other person( s) and legal entities who own or claim any interest in said lands; and to acquire the real estate for the City of Wharton for use as a public flood control Levee. SECTION III. INCORPORATION OF RECITALS. The City hereby finds that the statements set forth in the recitals of this Ordinance are true and correct and incorporates such recitals as findings of fact. SECTION IV. SEVERABILITY. If any provision of this Ordinance or the application hereof to any circumstance shall ever be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the governing body hereby declares that this Ordinance would have been enacted without such invalid provision; and that in lieu of each clause or provision of this Ordinance that is deemed invalid, illegal, or unenforceable, there then will be added by the Mayor as necessary, with the approval of the City  City of Wharton City Council Regular Meeting Minutes- August 11, 2025 Page 8 of 11 Manager and City Attorney as to form and legality, and as a part of the Ordinance, a substitute or additional clause or provision as similar in terms to such invalid, illegal or unenforceable clause or provision as may be legally possible, valid and enforceable. SECTION V. EFFECTIVE DATE. This Ordinance shall become effective immediately following its passage. SECTION VI. OPEN MEETINGS. The City finds that this Ordinance was discussed, considered, and appropriate action was taken upon it in accordance with the Texas Open Meetings Act requirements of Texas law, set forth in Tex. Gov' t Code Ann. as amended, Title 5, Chapter Sec. 551. 001 et seq. PASSED AND ADOPTED this the 1 lth day of August 2025. CITY OF WHARTON 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 a resolution of the Wharton City Council authorizing the sale of certain City of Wharton properties as surplus properties and authorizing the Mayor of the City of Wharton to execute all necessary documents associated with said sale of those certain properties. Director of Planning& Development Gwyn Teves stated the City of Wharton City Council Regular Meeting Minutes- August 11, 2025 Page 9 of 11 City Council adopted a resolution naming the following two parcels as Public Surplus Real Properties of the City and authorized the City Staff to post them for sale in the Wharton County Leader Journal as required by the City Charter to accept qualifying bids: Parcel 1: N. Richmond Rd.; Wharton, Block 40, Lot 2 OLD ROW Parcel 2: N. Sunset St.; Wharton, Block 42, Lot 3PT OLD ROW Director Teves said bids were received at City Hall on July 31, 2025, at 10: 00 a.m. and one bid was received for each parcel. She said Parcel 1 received a bid in the amount of$ 10, 000. 00 and Parcel 2 received a bid in the amount of$ 5, 200. 00. Director Teves stated it was the City Staff' s recommendation that the bids be accepted, and the award of Parcel 1 go to Wharton Tractor Company, and Parcel 2 go to Gatekey Manufacturing. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2025- 58, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 58 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE SALE OF CERTAIN CITY OF WHARTON PROPERTIES AS SURPLUS PROPERTIES AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL NECESSARY DOCUMENTS ASSOCIATED WITH SAID SALE OF THOSE CERTAIN PROPERTIES. WHEREAS, Competitive, sealed bids were received on July 31, 2025, for the sale of certain City of Wharton Properties as Surplus Properties; and, WHEREAS, Wharton Tractor Company was deemed to be the lowest and best qualified bidder as per bid specifications for the following: Parcel 1; N. Richmond Rd.; Wharton, Block 40, Lot 2 OLD ROW in the amount of 10, 000. 00; and, WHEREAS, The Wharton CityCouncil wishes to sell the afore-mentioned p P property rt3' to Wharton Tractor Company; and, WHEREAS, The City of Wharton and Wharton Tractor Company wish to be bound by the conditions set forth in the contracts; and, WHEREAS, Gatekey Manufacturing was deemed to be the lowest and best qualified bidder as per bid specifications for the following: Parcel 2; N. Sunset St.; Wharton, Block 42, Lot 3PT OLD ROW in the amount of 5, 200. 00; and, WHEREAS, The Wharton City Council wishes to sell the afore-mentioned property to Gatekey Manufacturing; and, WHEREAS, The City of Wharton and Gatekey Manufacturing wish to be bound by the conditions City of Wharton City Council Regular Meeting Minutes- August 11, 2025 Page 10 of 11 set forth in the contracts; and, WHEREAS, This resolution is passed in accordance with this bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. That Wharton Tractor Company and Gatekey Manufacturing is hereby awarded the bid for the purchase of the afore- mentioned certain City of Wharton Surplus Real Property. Section II. That the Mayor of the City of Wharton is hereby authorized to sign any documents relating to the afore- mentioned contracts. Section III. That this resolution shall become effective immediately upon its passa$ e. Passed, Approved, and Adopted this 11t' day of August 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 eighth item on the agenda was to review and consider appointments, resignations, and vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. B. Appointments. C. Vacancies. After some discussion, no action was taken. The ninth item on the agenda was to review and consider City Council Boards, Commissions, and Committee Reports: A. Finance Committee Meeting held July 28, 2025. City of Wharton City Council Regular Meeting Minutes- August 11, 2025 Page 11 of 11 After some discussion, no action was taken. The meeting adjourned at 7: 13 p.m. CITY OF WHARTON, TEXAS By: TIM RARKIER Mayor T T: Aqv111'- P* ULA FAVORS C Secretary y