City Council Regular Meeting

i MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING JANUARY 12, 2026 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, Russell Machann, Larry Pittman, Steve Schneider, and David Voulgaris. Councilmember absent was: None. Staff members present were: City Manager, Joseph R. Pace; City Attorney, Paul Webb; Finance Director, Joan Andel; City Secretary/ Assistant City Manager, Paula Favors; Planning and Development Director, Gwyn Teves; Assistant to the City Manager, Brandi Jimenez; Police Chief, Terry David Lynch; and Public Works Director, Roderick Siemen. Visitors present were: Wharton Economic Development Director, Courtland Holman, Robert Moore with BSR Properties, Pat Blair, William Locke, Ray Roberson, Susie Carlson, and Colby Primeaux with the Wharton County Leader Journal. Roll Call and Excused Absences. All Councilmembers were present. Public Comments. No comments were made. Wharton Moment. Mayor Tim Barker called for Wharton Moments. The following were given: 1. Mayor Tim Barker stated that it had been six years since losing Mr. David Copeland. Mayor Barker reminded everyone that January 12th was observed as David Copeland Day. 2. Mayor Barker wished a Happy 40th Birthday to the Assistant to the City Manager, Brandi Jimenez. He stated that he had known Brandi since she was a baby, and she would visit her father at the Mayor' s business, Wharton Feed, where he worked. Review and Consider: The first item on the agenda was to review and consider the reading of the minutes from the regular meeting held on December 8, 2025. After some discussion, Councilmember Russell Machann City of Wharton City Council Regular Meeting Minutes- January 12, 2026 Page 2 of 9 moved to approve the minutes from the regular held on December 8, 2025. meeting Councilmember Steve Schneider seconded the motion. All voted in favor. The second item on the agenda was to review and consider the City of Wharton Financial Report for November 2025. Finance Director Joan Andel presented the City of Wharton Financial Report for November 2025. After some discussion, Councilmember Russell Machann moved to approve the City of Wharton Financial Report for November 2025. Councilmember David Voulgaris seconded the motion. All voted in favor. The third item on the agenda was to review and consider a request from Mrs. Patricia Blair, Chair of the Wharton County Historical Commission, to apply for a historical marker to be placed at the Depot. Ms. Patricia Blair, Chair of the Wharton County Historical Commission, stated that she had submitted a request to allow the submission of an application for a Texas Historical Marker for the Depot to the City Manager' s office. Mrs. Blair said she would complete the application, and the Mayor' s signature would be required by the May 15, 2026, application deadline. She said the application submission fee was $ 100. 00, payable by the City. Mrs. Blair stated that if the application was approved, the marker fee was $ 2, 500. 00, which the City may be required to pay. She said the Commission intended to seek donations toward the marker fee from the railroads if the Council requested it, and the City would also need to install the marker. After some discussion, Councilmember Russell Machann moved to approve City pay the $ 100 the request that the application submission fee and that the Commission seek donations toward the marker fee. Councilmember Burnell Neal seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a Petition for Release from Extraterritorial Jurisdiction from Mr. W Fireworks Inc. City Secretary Paula Favors presented a Petition for Release from the Extraterritorial Jurisdiction from Mr. Fireworks Inc., received on December 16, 2025. Mrs. Favors stated that under Texas Local Government Code Section 42, a property may be released from a municipality' s ETJ upon filing a petition that meets all requirements. She said the petition met the requirements and, under Section 42. 104, a municipality shall immediately release the area from its ETJ if the requirements are met. After some discussion, Councilmember Terry Freese moved to approve the release from the Extraterritorial Jurisdiction request of Mr. Fireworks, Inc. Councilmember Steve Schneider 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 accepting a donation from Nan Ya Plastics Corporation USA to the Wharton Police Department and authorizing the Mayor of the City of Wharton to execute all documents related to said donations. Police Chief Terry David Lynch presented a memorandum regarding a$ 7, 000 donation from Nan Ya Plastics Corporation USA to the Wharton Police Department for equipment. After some discussion, Councilmember Russell Machann moved to approve the City of Wharton Resolution No. 2026- 01, which read as follows: CITY OF WHARTON RESOLUTION NO. 2026- 01 City of Wharton City Council Regular Meeting Minutes- January 12, 2026 Page 3 of 9 A RESOLUTION OF THE WHARTON CITY COUNCIL ACCEPTING A DONATION FROM NAN YA PLASTICS CORPORATION USA TO THE WHARTON POLICE DEPARTMENT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID DONATIONS. WHEREAS, The Wharton Police Department has received a donation from Nan Ya Plastics Corporation USA in the amount of$ 7, 000. 00 to be used for equipment; and, WHEREAS, The City of Wharton City Council wishes to accept said donation from Nan Ya Plastics Corporation USA; and, WHEREAS, The said donation will cover the cost of equipment; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents relating to said donations. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby accepts the donation from Nan Ya Plastics Corporation USA in the amount of$ 7, 000. 00. SECTION II. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute all documents related to said donations. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 12t' day of January 2026. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Burnell Neal seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider a resolution of the City Council of the City of Wharton regarding a special council to perform all legal services necessary to assist the City with the acquisition of real property and property interests for public purposes, including but City of Wharton City Council Regular Meeting Minutes- January 12, 2026 Page 4 of 9 not limited to eminent domain proceedings, in compliance with all applicable laws. Director of Planning & Development Gwyn Teves stated that the City of Wharton had been working with the U. S. Army Corps of Engineers( USACE) on the Wharton Colorado Levee Project and had received authorization to begin Phase II and the Baughman Slough acquisitions. Mrs. Teves said that, as a requirement for acquisition, the City Council adopted a Public Purpose Ordinance to address the potential need for condemnation proceedings. She said the City Staff requested Statements of Qualifications for legal services to handle these parcels. Proposals were received on January 2, 2026, from the following: 1. Baker Moran Attorneys at Law 2. Husch Blackwell 3. Hutcheson Bowers LLLP Mrs. Teves stated that while all firms had demonstrated sufficient experience and excellent qualifications for the condemnation process, the Staff recommended that Council finalize a contract with Baker Moran Attorneys at Law. City Attorney Paul Webb had questions about the firms and requested time to review the proposals, and that the item be placed on a future City Council agenda. After some discussion, no action was taken. The seventh item on the agenda wa s to review and consider the BSR Wharton 33 LLC, Development: A. Resolution: A resolution of the Wharton City Council approving a Development Agreement with BSR Wharton 33, LLC, and the City of Wharton, and authorizing the Mayor of the City of Wharton to execute all documents related to said agreement. B. Resolution: A resolution of the Wharton City Council accepting a Drainage Easement Agreement between the City of Wharton and BSR Wharton 33, LLC, and authorizing the Mayor of the City of Wharton to execute said agreement. Director of Planning & Development Gwyn Teves stated the City Staff had been working with BSR Wharton 33, LLC, regarding a potential easement to the City of Wharton to assist with current drainage concerns in the Lake Nett Subdivision. Mrs. Teves said that during conversations, the property owners expressed interest in developing the property, which had been vacant for some time. City Manager Joseph R. Pace and the City Staff met with representatives of BSR Wharton 33, LLC, to discuss the company' s development plans. She said BSR Wharton 33, LLC would like to enter into a development agreement with the City to develop its property in lieu of financial compensation for granting the City the easement, and the development agreement outlines a request for the following variances and agreements: 1. 40' x 120' dimensions for the lot sizes 2. Petition for Voluntary Annexation into the City Limits 3. Eligibility for the City of Wharton Incentive Policy Resolution No. 2020- 34 City of Wharton City Council Regular Meeting Minutes- January 12, 2026 Page 5 of 9 Mrs. Teves presented the draft Development Agreement, Incentive Policy, Site Plan, and Draft Easement Agreement. She said that both agreements were reviewed and constructed between the City Attorney and the Legal Counsel of BSR. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2026- 03 and 2026- 04, which read as follows: CITY OF WHARTON RESOLUTION NO. 2026- 03 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING A DEVELOPMENT AGREEMENT WITH BSR WHARTON 33, LLC., AND THE CITY OF WHARTON AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AGREEMENT. WHEREAS, BSR Wharton 33, LLC., and the City of Wharton wish to enter into a Development 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 as follows: Section I. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute the Development Agreement with BSR Wharton 33, LLC., and the City of Wharton. Section II. The Mayor of the City of Wharton is hereby authorized to execute the agreement. Section III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 12th day of January 2026. CITY OF WHARTON, TEXAS By: TIM BARKER City of Wharton City Council Regular Meeting Minutes- January 12, 2026 Page 6 of 9 Mayor ATTEST: PAULA FAVORS City Secretary CITY OF WHARTON RESOLUTION NO. 2026- 04 A RESOLUTION OF THE WHARTON CITY COUNCIL ACCEPTING A DRAINAGE EASEMENT AGREEMENT BETWEEN THE CITY OF WHARTON AND BSR WHARTON 33, LLC AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE SAID AGREEMENT. WHEREAS, The Wharton City Council wishes to enter into a Drainage Easement Agreement with BSR Wharton 33, LLC; and, WHEREAS, The City of Wharton and BSR Wharton 33, LLC wish to be bound by the conditions as set forth in said agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute the Drainage Easement Agreement with BSR Wharton 33, LLC. 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 the Mayor of the City of Wharton to execute the Drainage Easement Agreement with BSR Wharton 33, LLC. Section II. The City of Wharton and BSR Wharton, 33, LLC are hereby bound by the conditions as set forth in said agreement. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 12"' day of January 2026. CITY OF WHARTON, TEXAS By: TIM BARKER i City of Wharton City Council Regular Meeting Minutes- January 12, 2026 Page 7 of 9 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 a resolution authorizing the Mayor of the City of Wharton to execute an amendment to the contract with City Attorney Paul Webb for Legal Services for the City of Wharton, Texas. Mayor Tim Barker presented a copy of the amendment to the contract for legal services between the City of Wharton and City Attorney Paul Webb. Mayor Barker stated the new agreement raised the hourly rate from $ 175. 00 to $ 225. 00. After some discussion, Councilmember Russell Machann moved to approve the request, but to raise the hourly rate to $ 250.00, and City of Wharton Resolution No. 2026- 05, which read as follows: CITY OF WHARTON RESOLUTION NO. 2026- 05 A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH CITY ATTORNEY PAUL WEBB FOR LEGAL SERVICES FOR THE CITY OF WHARTON, TEXAS. WHEREAS, The City of Wharton City Council hereby authorizes Tim Barker, Mayor to execute an amendment to the agreement with City Attorney Paul Webb for legal services for the City of Wharton, Texas; and, WHEREAS, The City of Wharton and City Attorney Paul Webb agree to be bound by the conditions as set forth in the contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The City Council of the City of Wharton hereby authorizes Mayor Tim Barker of the City of Wharton to execute an amendment to the contract with City Attorney Paul Webb for legal services for the City of Wharton, Texas. Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 12t' of January 2026. City of Wharton City Council Regular Meeting Minutes- January 12, 2026 Page 8 of 9 CITY OF WHARTON, TEXAS By: TIM BARKER 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 a Pay Request from Branch Construction for the field verification of the lead service line inventory( LSLI). Public Works Director Roderick Semien presented a copy of the pay request from Branch Construction for the field verification of the lead service line inventory ( LSLI) in the amount of $ 80, 000. 00. After some discussion, Councilmember Terry Freese moved to approve the $ 80, 000. 00 pay request from Branch Construction. Councilmember David Voulgaris seconded the motion. All voted in favor. The tenth 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. Economic Development Executive Director Courtland Holman requested that the City Council consider having a committee meeting to fill the vacancy on the EDC Board of Directors. After some discussion, no action was taken. Adjournment. Councilmember David Voulgaris moved to adjourn the meeting. The meeting adjourned at 7: 29 p. m. City of Wharton City Council Regular Meeting Minutes- January 12, 2026 Page 9 of 9 CITY OF WHARTON, TEXAS TIM BARKER Mayor ZiT:a-1v\'— P ULA FAVORS City Secretary Y tom.