City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING AUGUST 25, 2025 Mayor Tim Barker declared a Regular Meeting duly open for the transaction of business at 7: 00 P. M. at City Hall, 120 E. Caney Street, Wharton, TX. Councilmember Burnell Neal led the opening devotion, and Mayor Tim Barker led the Pledge of Allegiance. Councilmembers present were: Mayor, Tim Barker, and Councilmembers Terry Freese, Burnell Neal, Russell Machann, Steve Schneider, Larry Pittman, and David Voulgaris. Councilmember absent was: None. Staff members present were: City Manager, Joseph R. Pace; City Attorney, Paul Webb; Finance Director, Joan Andel; Paula Favors, TRMC, CPM, MMC; Director of Planning and Development, Gwyn Teves, CPM; Building Official, Claudia Velasquez; Finance Accountant, London Davis, Police Chief, Terry David Lynch, and EMS Director, Christy Gonzales. Visitors p resent were: G Gary Nunez; Chris Skinner, Wharton Economic Development Executive Director; Courtland Holman; Linda Pittman; Lupe Gonzales; I. Ray Kerlick, Susie Carlson, Mark Martinez, David Selesky, Government Contract Manager with Green for Life ( GFL), Xavier Solache with Green for Life ( GFL), and Colby Primeaux with the Wharton County Leader Journal. Roll Call and Excused Absences. All Councilmembers were present. Public Comments. Mayor Tim Baker called for Public Comments. Mr. Chris Skinner joined by Mr. Gary Nunez, stated he purchased a home in the 2000' s and mulberry trees were in the alleyway or City right of way. Mr. Skinner said he had contacted the utility company, which advised him it was the City' s responsibility to maintain the alleyway, and then contacted the City, which said it was the utility company' s responsibility. Mr. Skinner stated that the City of Wharton passed Section 34- 51, Accumulation or growth of weeds or brush ordinance, which required property owners to maintain alleyways. He asked the City Council to consider repealing the language since it was financially impossible for some residents and have the City maintain the areas. Wharton Moment. Mayor Tim Barker called for the Wharton Moment. City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 2 of 21 Councilmember Larry Pittman commended the Wharton Police Department on a job well done, apprehending a stolen vehicle that they received an alert on through the FLOCK camera system. Mayor Tim Barker gave condolences to the family of Dr. Mark Marconi, who passed away. Mayor Barker stated he was a good man and a great doctor for the community of Wharton and would be greatly missed. Review and Consider: The first item on the agenda was to review and consider the City Manager' s submission ofthe City of Wharton, Texas, Proposed Budget for the Fiscal Year October 1, 2025- September 30, 2026. Finance Director Joan Andel stated on or about Friday, August 22, 2025, the City Manager filed with City Secretary Paula Favors the City of Wharton Fiscal Year October 1, 2025, to September 30, 2026, Proposed Budget required as by State Law. Director Andel said that under separate cover, on Monday, August 25, 2025, the City Council received a copy of the Proposed City Budget as required by Article VI- Section 51 of the City' s Charter. After some discussion, Councilmember David Voulgaris moved to approve the City Manager' s submission of the City of Wharton, Texas, Proposed Budget for the Fiscal Year October 1, 2025- September 30, 2026. Councilmember Terry Frese seconded the motion. Councilmember Burnell Neal, Councilmember Steve Schneider, Councilmember Terry Freese, Mayor Tim Barker, Councilmember David Voulgaris, Councilmember Russell Machann, and Councilmember Pittman Larry all voted in favor. The motion passed. The second item on the agenda was to review and consider setting a Public Hearing date for the City of Wharton, Texas, Proposed Budget for the Fiscal Year October 1, 2025 - September 30, 2026. Finance Director Joan Andel stated that under Article VI, Section 53 of the City of Wharton Charter, the City Council shall set a time and place for a Public Hearing. Director Andel said that if the City Council approved the date, the City Staff would publish the Notice of Public Hearing in the Wharton County Leader Journal on Saturday, August 30, 2025. Mrs. Andel stated the Public Hearing was set for September 8, 2025, at 7: 00 p. m., Regular City Council Meeting. The third item on the agenda was to review and consider an ordinance amending the City of Wharton Code of Ordinances, Chapter 86, Sections 86- 15, 86- 16, 86- 17, and 86- 21, Utilities and Services, Article I in General; Providing that a violation of the ordinance or any part of the Code as adopted hereby shall constitute a penalty upon conviction of a fine; Providing a savings clause and revoking all ordinances or parts of ordinances in conflict herewith only to the extent same are in conflict herewith otherwise provided herein. Finance Director Joan Andel presented a copy of the memorandum dated August 19, 2025, from her to City Manager Joseph R. Pace regarding the proposed increase in utility rates for customers effective October 1, 2025. Mrs. Andel stated that the Proposed Budget included a 10% increase in water and sewer rates. After some discussion, Councilmember Russell Machann moved to approve the City of Wharton Ordinance No. 2025- 18, which read as follows: CITY OF WHARTON City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 3 of 21 ORDINANCE NO. 2025- 18 AN ORDINANCE AMENDING THE CITY OF WHARTON CODE OF ORDINANCES, CHAPTER 86, SECTIONS 86- 15, 86- 16, 86- 17, AND 86- 21, UTILITIES AND SERVICES, ARTICLE I IN GENERAL; PROVIDING THAT A VIOLATION OF THE ORDINANCE OR ANY PART OF THE CODE AS ADOPTED HEREBY SHALL CONSTITUTE A PENALTY UPON CONVICTION OF A FINE; PROVIDING A SAVINGS CLAUSE AND REVOKING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ONLY TO THE EXTENT SAME ARE IN CONFLICT HEREWITH OTHERWISE PROVIDED HEREIN. BE IT ORDAINED by the City Council of the City of Wharton, Texas that Chapter 86, Utilities and Services, Article I in General; Sections 86- 15, 86- 16, 86- 17, and 86-21 be amended by the following: Section I. Amendment The Code ofOrdinances ofthe City of Wharton, Texas, Chapter 86 Utilities and Services is hereby amended to be enforced by the City of Wharton as follows: Sec. 86- 15. - Water and sewer tap charges, deposits, administrative Penalties and other charges. Water and sewer tap charges, deposits, administrative penalties, and other charges shall be as follows: 1) Water. Standard water tap fees for customers inside the city limits and outside the city limits are as follows: Size of Tap Cost of Service 3/ a. 4- inch T- off 459. 46 3/ b. 4- inch 918. 87 C. 1- inch 1, 207. 67+ cost of meter City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 4 of 21 d. 1'/ 2- inch 1, 811. 49+ cost of meter e. 2- inch 2, 414. 63+ cost of meter 3) Deposits. As a condition of receiving water, sewer and garbage service, the following deposits shall be charged: a. Deposit amount: Residential customer .....$ 150. 00 Residential— Senior citizens ( 60 years or over) .....$ 75. 00 Commercial customer' s ( Based on estimated bill) .....$ 150. 00 minimum 2) Sewer. Standard sewer tap fees for customers inside the city limits and outside the city limits are as follows: Size of Tap Cost of Service a. 4- inch 918. 87 b. 6- inch 1, 509. 35 5) Other charges include the following: a. Late charges. If payment is not received by the 15th of each month, a penalty will be assessed on the 16th of each month at the rate noted below: Late charges ..... 5% of balance due City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 5 of 21 b. After hours charge. An after hours charge will be assessed for any services requested with the exception of a reconnection due to nonpayment. Reconnection services due to non- payment will only be performed between the hours of 8: 00 a.m. and 5: 00 p. m. on Monday through Friday. Services requested on holidays will also be charged an after hour charge. After hours charge .....$ 50. 00 Sec. 86- 16. - Water service charges. a) The monthly charges for water service rendered by the city shall be as follows: Volume Charges: First 2, 000 gallons( minimum)... $ 41. 75 Next 2, 000 gallons, per 1, 000... $ 7. 94 Next 3, 000 gallons, per 1, 000... $ 8. 21 Next 4, 000 gallons, per 1, 000... $ 8. 51 Next 4, 000 gallons, per 1, 000... $ 9. 08 Next 35, 000 gallons, per 1, 000... $ 9. 60 Next 50, 000 gallons, per 1, 000... $ 9. 96 Next 50, 000 gallons, per 1, 000... $ 10. 69 Next 50, 000 gallons, per 1, 000... $ 11. 36 b) Customers requesting temporary water services( seven- day increments) can apply for a temporary water rate based on the following: Volume Charges: First 8, 000 gallons for seven days... $ 96. 44 Over 8, 000 gallons, per 1, 000... $ 8. 81 Sec. 86- 17. - Sewer service charges. a) The monthly charges for sanitary sewer services rendered by the city shall be as follows: Volume Charges: First 2, 000 gallons( minimum)... $ 44. 85 Next 2, 000 gallons, per 1, 000... $ 6. 97 Next 3, 000 gallons, per 1, 000... $ 8. 51 Next 4, 000 gallons, per 1, 000... $ 9. 46 Next 4, 000 gallons, per 1, 000... $ 10. 14 Next 35, 000 gallons, per 1, 000... $ 11. 17 Next 50, 000 gallons, per 1, 000... $ 11. 96 Next 50, 000 gallons, per 1, 000... $ 12. 65 Next 50, 000 gallons, per 1, 000... $ 13. 57 City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 6 of 21 Sec. 86- 21. - Bulk water rates. a) Bulk sales through fire hydrant water meters temporarily installed at locations remote from the Wharton Volunteer Fire Department on Fulton Street will require the following: 1) Advance, nonrefundable payment of$ 50. 00 to the City of Wharton at City Hall for setting the meter connection at the fire hydrant or other appropriate locations as the city may determine; and 2) Payment of bulk sales rate of$ 160. 70 per month for the first 1, 000 gallons of water dispensed, any fraction thereof. $ 64. 30 per month or per 1, 000 gallons dispensed, or any fraction thereof, beyond the initial 1, 000 gallons dispensed; and 3) Advance, refundable fire hydrant meter deposit payment of$200. 00 to the City of Wharton at City Hall. b) Bulk sales through permanently installed water meter dispensation point at the Wharton Volunteer Fire Department on Fulton Street will require the following: 1) No requirement for payment of meter setting fee; and, 2) Payment of bulk sales rate of$ 160.70 for the first 1, 000 gallons of water dispensed, or any fraction thereof. $ 64. 30 per 1, 000 gallons dispensed, or any fraction thereof, beyond the initial 1, 000 gallons dispensed; and, 3) No requirement for payment of the $ 200. 00 fire hydrant meter deposit, however each water dispensation transaction authorized under this section must be prepaid to the City of Wharton at City Hall where a one- day dispensation voucher will be issued for presentation to the water plant operator to authorize a one-day dispensation of a not to exceed amount of water in gallons. The one- day dispensation voucher identifying the cumulative number of gallons purchased will allow for scheduled multiple withdrawals of water, but only during the same City of Wharton working day upon which initial dispensation commences. Severability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. Penalties and Fines Any person knowingly or recklessly found violating and are convicted of a violation of this ordinance shall be fined in an amount not to exceed$ 2,000.00. Each day or fraction of a day during which this ordinance or any part thereof is violated shall be deemed a separate offense and punishable as such. Effective Date City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 7 of 21 This ordinance shall be effective on the 1st day of October 2025 at 12: 01 a.m. Passage and Approval PASSED, APPROVED, and ADOPTED by the City Council of the City of Wharton, Texas, this 251h day of August 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary APPROVED AS: PAUL WEBB City Attorney Councilmember Larry Pittman seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider the Green for Life ( GFL) Rate Modification to the Solid Waste Collection and Disposal Service Franchise Agreement: A. Resolution: A resolution of the Wharton City Council approving Amendment No. 5 to the Franchise Agreement for Solid Waste Collection Services with Green for Life ( GFL) and authorizing the Mayor of the City of Wharton to execute said agreement. B. Ordinance: An ordinance amending the City of Wharton Code of Ordinances, Chapter 86 Utilities and Services, Article III, Solid Waste Disposal Exhibit A, providing that a violation of the ordinance or any part of the Code as adopted hereby shall constitute a penalty upon conviction of a fine and setting an effective date. Finance Director Joan Andel presented a copy of the memorandum dated August 19, 2025, from her providing a copy of the letter dated June 16, 2025, from Mr. David Selesky of Green for Life GFL) regarding their rate modification to the Solid Waste Collection and Disposal Service Franchise between the City of Wharton and GFL. Finance Director Andel stated the letter was received via email on June 30, 2025 and GFL made a request for rate modifications in accordance City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 8 of 21 with Section 14. 00, Basis and Methods of Payment, Item 14. 02 Modification of Rates of the General Specifications of the Franchise Agreement. Mrs. Andel said Mr. Selesky stated, the rate increase was 5% in accordance with the price index mentioned in the City' s franchise agreement with GFL. After some discussion, Councilmember Burnell Neal moved to approve City of Wharton Resolution No. 2025- 59 and City of Wharton Ordinance No. 2025- 19, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 59 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING AMENDMENT NO. 5 TO THE FRANCHISE AGREEMENT FOR SOLID WASTE COLLECTION SERVICES WITH GREEN FOR LIFE ( GFL) AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE THE AGREEMENT. WHEREAS, The Wharton City Council wishes to amend Exhibit" A" of the franchise agreement to reflect the increase in rates as set forth in Section 14. 02 Modification of Rates of the contract; and, WHEREAS, GFL and the City of Wharton wish to be bound by the conditions outlined 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 the agreement; and, WHEREAS, This resolution is passed in accordance with said contract. 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 to amend Exhibit" A" of the franchise contract between the City of Wharton and Green for Life ( GFL). Section II. That the Wharton City Council hereby establishes the rates outlined in Exhibit A" of the contract. Section III. That the effective date of Exhibit" A" will be the 1" day of October 2025. Section IV. That the Mayor of the City of Wharton is hereby authorized to execute the contract amendment. Passed, Approved, and Adopted this 25t' day of August 2025. CITY OF WHARTON, TEXAS  City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 9 of 21 By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary CITY OF WHARTON ORDINANCE NO. 2025- 19 AN ORDINANCE AMENDING THE CITY OF WHARTON CODE OF ORDINANCES, CHAPTER 86 UTILITIES & SERVICE, ARTICLE III, SOLID WASTE DISPOSAL EXHIBIT A; PROVIDING THAT A VIOLATION OF THE ORDINANCE OR ANY PART OF THE CODE AS ADOPTED HEREBY SHALL CONSTITUTE A PENALTY UPON CONVICTION OF A FINE AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Wharton, Texas, that Chapter 86 Utilities Service, Article III Solid Waste Disposal Exhibit A shall be replaced as follows: SCHEDULE " A" Base Rates Monthly Residential Waste Collection 31. 65 per Residential Unit, which includes a $ 3. 00 per month fee. Monthly Commercial Hand Collection 41. 18 per Commercial Unit, which includes a$ 3. 50 per month fee. Container Service (per month) includes a $ 3. 50 fee 2 yd lxwk 83. 76 2xwk 147. 51 3xwk 188. 79 4xwk 259. 26 5xwk 322. 11 Additional Pick- up 91. 09 3yd Ixwk 121. 71 2xwk 215. 83 3xwk 287. 41 4xwk 387. 97 5xwk 479. 19 City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 10 of 21 Additional Pick- up 130. 33 4yd l xwk 151. 3 5 2xwk 261. 82 3xwk 369. 72 4xwk 510. 67 5xwk 636. 35 Additional Pick- up 162. 88 6yd 1 xwk 213. 83 2xwk 406. 83 3xwk 566. 93 4xwk 762. 07 5xwk 950. 63 Additional Pick- up 228. 55 8yd lxwk 264. 34 2xwk 490. 33 3xwk 731. 60 4xwk 1, 013. 46 5xwk 1, 264. 88 Additional Pick- up 279. 79 Rates for Roll- offs: Delivery Fee 132. 99 Monthly Rental 159. 59 Pull Price ( per pull) 353. 85 Disposal Fee- Loose ( per yard) 42. 50 Disposal Fee- Compact( per yard) 42. 50 Rates for Other Services: Hourly Rate 131. 40 Disposal per cubic yard 9. 18 PENALTY Except as otherwise provided in this chapter, any person found guilty of intentionally, knowingly or recklessly violating any provision of this article and upon conviction thereof in the municipal court shall be fined in accordance with the terms of Section 1- 5 of the Code of Ordinances of the City of Wharton, Texas. SEVERABILITY If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed to be City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page I 1 of 21 a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. EFFECTIVE DATE This Ordinance shall become effective at 12: 01 a.m. on the 1st day of October 2025. PASSED AND APPROVED by the City Council of the City of Wharton, Texas, on the 251h day of August g 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: PAUL WEBB City Attorney 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 adopting a Proposed Property Tax Rate for the City of Wharton, October 1, 2025- September 30, 2026, Fiscal Year Budget as required by state law. Finance Director Joan Andel presented a copy of the 2025 Tax Rate Calculation Worksheet, which listed the applicable tax rates to be used in setting the tax rate. Finance Director Andel stated the State required the City Council to adopt a proposed rate. She said the City of Wharton' s Proposed Budget was based on the Voter- Approved Tax Rate of$ 0. 42411. After some discussion, Councilmember David Voulgaris moved to approve City of Wharton Resolution No. 2025- 60, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 60  City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 12 of 21 A RESOLUTION OF THE WHARTON CITY COUNCIL ADOPTING A PROPOSED PROPERTY TAX RATE FOR THE CITY OF WHARTON, OCTOBER 1, 2025- SEPTEMBER 30, 2026, FISCAL YEAR BUDGET AS REQUIRED BY STATE LAW. WHEREAS, The State of Texas Property Tax Code requires the City Council to approve a tax rate prior to setting a final tax rate; and, WHEREAS, final rate; and, The Wharton City Council wishes to adopt a proposed tax rate prior to setting a WHEREAS, The City Manager of the City of Wharton has submitted to the City Council a Proposed Budget for the October 1, 2025- September 30, 2026, Fiscal Year. 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 wishes to adopt the proposed tax rate as follows: 1. Voter Approval Tax Rate- $ 0. 42411 Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 25th day of August 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. Councilmember Burnell Neal, Councilmember Steve Schneider, Councilmember Freese, Terry Mayor Tim Barker, City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 13 of 21 Councilmember David Voulgaris, Councilmember Russell Machann, and Councilmember Larry Pittman all voted in favor. The motion passed. The sixth item on the agenda was to review and consider the City of Wharton Financial Report for July 2025. Finance Director Joan Andel presented a copy of the City of Wharton Financial Report JulyY 2025. for the month of u After some discussion Councilmember be Russell Machann moved to approve the City of Wharton Financial Report for July 2025. Councilmember Steve Schneider 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 rescinding Resolution No. 2007- 78 and approving the updated purchasing guidelines. Finance Director Joan Andel stated that due to the passing of Senate Bill 1173 in the 89th Texas Legislature, the limit for competitive procurement purchases had been raised from $50,000.00 to 100, 000. 00 to be effective September 1, 2025. Finance Director Andel said that with this change, the City Staff had revised the current purchasing guidelines. After some discussion, Councilmember Burnell Neal moved to approve changing the guidelines for purchases less than 3, 000 to require a purchase order and a check request with approval from the Department Head before payment, and City of Wharton Resolution No. 2025- 61, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 61 A RESOLUTION OF THE WHARTON CITY COUNCIL RESCINDING RESOLUTION NO. 2007- 78 AND APPROVING THE UPDATED PURCHASING GUIDELINES. WHEREAS, the Wharton City Council adopted the City of Wharton Ordinance No 2007- 18 that elects that Chapter 252 of the Local Government Texas Code supersedes the City Charter regarding bidding requirements; and WHEREAS, the Wharton City Council wishes to rescind Resolution No. 2007- 18 and approve the updated purchasing guidelines pursuant to S. B. 1173, effective September 1, 2025; and, WHEREAS, the Wharton City Council has determined that it is in the best interest of the City of Wharton to establish purchasing guidelines for the procurement of goods and services, which are as follows: 1. Purchases less than $ 3, 000 require a purchase order and a check request with approval from the Department Head before payment. 2. Purchases between$ 3, 000 and$ 5, 000 require a purchase order and documented attempts to obtain two written price quotes, both of which are from historically underutilized businesses, or a sole source vendor, or a cooperative of which the City is a member. A check request with Department Head approval is needed before payment City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 14 of 21 3. Purchases between$ 5, 000 and$ 20,000 require approval from City Council and documented attempts to obtain two written price quotes, both of which are from historically underutilized businesses, or a sole source vendor, or a cooperative of which the City is a member. 4. Purchases between $ 20, 000 and $ 100,000 require approval from City Council and documented attempts to obtain three written price quotes, two of which are from historically underutilized businesses, or a sole source vendor, or a cooperative of which the City is a member. 5. Purchases greater 100, 000 require approval from the City Council and than $ must follow the State bidding laws. WHEREAS, the Wharton City Council wishes this resolution to become effective September 1, 2025. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby rescinds Resolution No. 2007- 78 and approves the updated purchasing guidelines. SECTION II. That this resolution becomes effective September 1, 2025. PASSED, APPROVED, and ADOPTED this 25th day of August 2025. CITY OF WHARTON TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. All voted in favor. The eighth item on the agenda was to review and consider a request from Mr. Jose Garza for a replat of Lipscomb Estates, Block 1, Lot 2, and a portion of Tract 9 of the Greer Partition for development. Director of Planning& Development Gwyn Teves stated the Planning Commission reviewed and recommended approval of the initial preliminary plat for Mr. Garza on May 5, 2025, and it was then approved by the Council. Director Teves said that once approved, Mr. Garza began City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 15 of 21 his coordination with TxDOT on the driveways for the parcels and was informed that only one entrance would be authorized by TxDOT since the property faces an FM road. She said the City Staff met with TxDOT and verified this information, and had since met with Mr. Garza on multiple occasions to work out a recommendation and a feasible plat solution. Mrs Teves stated the Planning Commission was recommending approval of this item and was sending it forward to the Council for a final decision. After some discussion, Councilmember David Voulgaris moved to approve the request from Mr. Jose Garza for a replat of Lipscomb Estates, Block 1, Lot 2, and a portion of Tract 9 of the Greer Partition for development. Councilmember Larry Pittman seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider a request from Mr. I. Ray Kerlick on behalf of 101 W. Burleson LLC, for the plat of Wharton, Block 3, Lot 3A, 3B & 3D- 1 for redevelopment. Director of Planning& Development Gwyn Teves presented a copy of the request from Mr. 1. Ray Kerlick on behalf of 101 W. Burleson LLC, for the plat of Wharton, Block 3, Lot 3A, 3B & 3D- 1 for redevelopment. Director Teves stated the Planning Commission was recommending approval of this item and is sending it forward to the Council for a final decision. After some discussion, Councilmember Terry Freese moved to approve the request from Mr. 1. Ray Kerlick on behalf of 101 W. Burleson LLC, for the plat of Wharton, Block 3, Lot 3A, 3B & 3D- 1 for redevelopment. Councilmember Russell Machann and Councilmember Burnell Neal seconded the motion. All voted in favor. The tenth 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. Closure of Polk Street from Milam Street to halfway to Burleson Street on the day of the event. City Manager Joseph R. Pace presented a copy of an additional request from Ms. Margaret Montgomery Kostka of the Monterey Square Business Association, which provided her request for the aforementioned item. City Manager Pace stated the closure would include Sorella' s Italian Restaurant, so they could sell pizza slices in that area of the closure. After some discussion, Councilmember Terry Freese moved to approve the request from the Monterey Square Business Association for the following for the Monterey Square Wine and Arts Fair on October 11, 2025, for the Closure of Polk Street from Milam Street to halfway to Burleson Street on the day of the event. Councilmember Russell Machann seconded the motion. All voted in favor. The eleventh item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the Mayor of the City of Wharton to execute a Temporary Access Agreement with CenterPoint Energy to remove an encroaching fence. Director of Planning & Development Gwyn Teves stated the City was notified by CenterPoint via letter on August 6, 2025, that a fence was encroaching on their property off of Sheppard Street. Director Teves said the fence was believed to belong to the City from the bordering property, and City Staff responded to the property to investigate and found that the fence was the City' s and was part of a parcel acquisition for Phase 1 of the Levee. She said that it does encroach on CenterPoint property by approximately 10- 15 feet and a length of approximately 1000 feet. Director Teves stated that since it was determined City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 16 of 21 that the City Staff would be able to handle the fence removal, CenterPoint was contacted to notify them that the situation would be remedied. She said that since the removal was to take place on the CenterPoint property, it was a requirement that a Temporary Access Agreement be signed by the City to perform the removal. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2025- 62, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 62 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE A TEMPORARY ACCESS AGREEMENT WITH CENTERPOINT ENERGY TO REMOVE AN ENCROACHING FENCE. WHEREAS, The Wharton City Council wishes to authorize a Temporary Access Agreement with CenterPoint Energy; and, WHEREAS, The City of Wharton and CenterPoint wish to be bound by the conditions set forth in said agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute the agreement; and, WHEREAS, The Wharton City Council wishes this resolution to become effective immediately upon its passage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, THAT: Section I. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute a Temporary Access Agreement with CenterPoint Energy. Section II. The City of Wharton and CenterPoint Energy are hereby bound by the conditions set forth in the agreement. Section III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 25th day of August 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 17 of 21 PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. All voted in favor. The twelfth item on the agenda was to review and consider a resolution of the Wharton City Council creating a proficiency allowance for the City of Wharton' s Emergency Medical Service EMS) Department Employees. EMS Director Christy Gonzales presented a copy of a memorandum regarding a proficiency allowance for the City of Wharton' s Emergency Medical Service ( EMS) Department Employees. Director Gonzales stated that each certification listed on the resolution was essential in its category of emergency medicine. She said that Proficiency pay would be available to all Emergency Medical Service Department' s full-time employees who become and maintain the listed certifications. After some discussion, Councilmember Larry Pittman moved to approve the City of Wharton Resolution No. 2025- 63, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 63 A RESOLUTION OF THE WHARTON CITY COUNCIL CREATING A PROFICIENCY ALLOWANCE FOR THE CITY OF WHARTON' S EMERGENCY MEDICAL SERVICE ( EMS) DEPARTMENT EMPLOYEES. WHEREAS, the Wharton City Council has determined there is a need to improve education for the City of Wharton' s Emergency Medical Service( EMS) Department employees; and, WHEREAS, the Wharton City Council wishes to create proficiency allowances for the Emergency Medical Service( EMS) Department; and, WHEREAS, the Wharton City Council hereby has established a proficiency allowance policy for the City of Wharton' s Emergency Medical Service( EMS) Department Employees; and, WHEREAS, the Wharton City Council wishes to authorize proficiency allowance for the City of Wharton Emergency Medical Service ( EMS) Department Employees who hold current certifications; and, WHEREAS, the Wharton City Council approves this policy in the fiscal year' s budget; and, WHEREAS, the Wharton City Council wishes to authorize the City Manager to implement the policies and procedures as set forth in this proficiency allowance resolution. 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 City of Wharton employees' proficiency allowance policy, as follows: EMS: Advanced Stroke Life Support( ASLS) 75. 00 per month City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 18 of 21 Advanced Cardiac Life Support( ACLS) 75. 00 per month Advanced Medical Life Support( AMLS) 75. 00 per month Pediatric Advanced Life Support( PALS) 75. 00 per month Texas EMS Instructor 75. 00 per month Advanced Burn Life Support( ABLS) 75. 00 per month Pre- Hospital Trauma Life Support( PHTLS) 75. 00 per month Pediatric Education for Pre- Hospital Provider( PEPHP) 75. 00 per month International Trauma Life Support( ITLS) 75. 00 per month Tactical Emergency Casualty Care( TECC) 75. 00 per month Critical Care Transport— Paramedic 75. 00 per month BLS/ CPR/ AED Instructor 75. 00 per month Instructor of any of the following: 75. 00 per month each BLS/ CPR/ AED, ACLS, AMLS, PALS, DTX EMS, PHTLS, ITLS, TECC, ASLS Section. II. That the Wharton City Council hereby authorizes the City Manager to implement the policies and procedures as set forth in this policy. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this the 25" day of August 2025. CITY OF WHARTON By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the City Manager of the City of Wharton to execute a Municipal Maintenance Performance Agreement with the Wharton Economic Development Corporation. Wharton Economic Development Director Courtland Holman presented a copy of an agreement from Wharton Economic Development Corporation regarding the Municipal Maintenance Performance Agreement that would fund the City' s agreement with TxDOT for the Landscape and Maintenance Agreement the City had approved. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2025- 64, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 64 City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 19 of 21 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE A MUNICIPAL MAINTENANCE PERFORMANCE AGREEMENT WITH THE WHARTON ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, The Wharton City Council wishes to authorize a Municipal Maintenance Performance Agreement with the Wharton Economic Development Corporation for the maintenance of approximately 89 acres along Highway 59 at its intersection with FM 102 and Highway 60; and, WHEREAS, The City of Wharton and Wharton Economic Development Corporation wish to be bound by the conditions set forth in said agreement; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute the agreement; and, WHEREAS, The Wharton City Council wishes this resolution to become effective immediately upon its passage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, THAT: Section I. The Wharton City Council hereby authorizes the City Manager of the City of Wharton to execute a Municipal Maintenance Performance Agreement with Wharton Economic Development Corporation. Section II. The City of Wharton and Wharton Economic Development Corporation are hereby bound by the conditions set forth in the agreement. Section III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 25th day of August 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Larry Pittman seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 20 of 21 The fourteenth item on the agenda was to review and consider the Wharton Economic Development Corporation Fiscal Year 2025- 2026 Annual Budget. Wharton Economic Development Director Courtland Holman presented a copy of the Wharton Economic Development Corporation Fiscal Year 2025- 2026 Annual Budget. After some discussion, no action was taken. The fifteenth 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 sixteenth item on the agenda was to review and consider an update on the City of Wharton' s ongoing projects. City Manager Joseph R. Pace presented an update on the City of Wharton' s ongoing projects. After some discussion, no action was taken. The seventeenth item on the agenda was to review and consider the City Council Boards, Commissions, and Committee Reports: A. Finance Committee Meeting held August 11, 2025. After some discussion, no action was taken. The eighteenth item on the agenda was to review and consider appointments, resignations, and vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. B. Appointments. C. Vacancies. After some discussion, Councilmember Terry Freese moved to appoint the following: B. Appointments. Term Expiring: Teri Mathis Beautification Commission June 30, 2027 Councilmember Russell Machann seconded the motion. All voted in favor. The nineteenth item on the agenda was to review and consider Department Head Reports: A. City Secretary/ Personnel. B. Code Enforcement. C. Community Services Department/ Civic Center. D. Emergency Management. E. M. S. Department. F. Fire Department. G. Legal Department. H. Municipal Court. City of Wharton City Council Regular Meeting Minutes- August 25, 2025 Page 21 of 21 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 There being no further discussion, Councilmember David Voulgaris moved to adjourn. All voted in favor. The meeting adjourned at 7: 27 p. m. CITY OF WHARTON, TEXAS r By: TIM BARKEIf Mayor A E PA A FAVORS City Secretary