City Council Regular Meeting
Regular MeetingPort Lavaca, TX · May 8, 2023
Minutes
Port Lavaca, TX CITY COUNCIL REGULAR MEETING May 08, 2023
CITY COUNCIL REGULAR MEETING
Monday, May 08, 2023 at 6:30 PM
City Council Chambers | 202 N. Virginia Street, Port Lavaca TX 77979
MINUTES
STATE OF TEXAS §
COUNTY OF CALHOUN §
CITY OF PORT LAVACA §
On this the 8th day of May, 2023, the City Council of the City of Port Lavaca, Texas, convened in
a regular session at 6:30 p.m. at the regular meeting place in Council Chambers at City Hall, 202 North
Virginia Street, Port Lavaca, Texas, with the following members in attendance:
I. ROLL CALL
Jack Whitlow Mayor
Jerry Smith Councilman, District 1
Tim Dent Councilman, District 2
Allen Tippit Councilman, District 3
Rosie G. Padron Councilwoman, District 4, Mayor Pro Tem
Jim Ward Councilman, District 5
Ken Barr Councilman, District 6
And with the following absent: None
Constituting a quorum for the transaction of business, at which time the following business was transacted:
II. CALL TO ORDER
• Mayor Whitlow called the meeting to order at 6:32 p.m. and presided.
III. INVOCATION
• Councilman Ward gave the invocation.
IV. PLEDGE OF ALLEGIANCE
• Mayor Whitlow – Pledge of Allegiance.
V. PRESENTATION(S)
1. Proclamation - May is Motorcycle Awareness Month
2. Proclamation - National Police Week is May 14 – May 20, 2023
3. Proclamation - National Public Works Week is May 21 – May 27, 2023 “Connecting the
World through Public Works”
Page 1 of 11
Port Lavaca, TX CITY COUNCIL REGULAR MEETING May 08, 2023
VI. COMMENTS FROM THE PUBLIC
(Limited to 3 minutes per individual unless permission to speak longer is received in advance. You may make public
comments as you would at a meeting by logging on with your computer and using “Join Zoom Meeting” information
on first page of this agenda).
• Mayor asked for comments from the public and Councilman Ward expressed his
appreciation for all city employees.
VII. CONSENT AGENDA - (Council will consider/discuss the following items and take any action
deemed necessary)
A. Minutes of April 10, 2023 Regular Meeting
B. Review of Credit Card Statement
C. Receive Monthly Financial Highlight Report
D. Receive Victoria Economic Development Corporation (VEDC) Monthly Report
Motion made by Councilman District 6 Barr
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of staff, Council hereby approves all consent agenda
items as listed.
Seconded by Councilman District 1 Smith
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
VIII. ACTION ITEMS - (Council will consider/discuss the following items and take any action
deemed necessary)
1. Consider approval of the Annual Comprehensive Financial Report (ACFR) for the Fiscal
Year ending September 30, 2022, prepared by the Audit Firm of Pattillo, Brown &Hill,
L.L.P. Presenter is Susan Lang
Finance Director Lang advised Council that the City is required to engage in an independent audit of its
financial statement on an annual basis. The City’s financial statements were audited by the public
accounting firm of Pattillo, Brown & Hill, L.L.P. (PBH).
The results of the audit and highlights of the City’s financial position were shared with the Finance
Committee on April 24, 2023. Present at the meeting were City Council members Tim Dent, Jerry Smith
and Allen Tippit. City staff included Interim City Manager Jody Weaver and Finance Director Susan
Lang. Representatives from PBH reporting the results included Audit Partner, Paula Lowe and Audit
Supervisor, Travis Rogers.
Page 2 of 11
Port Lavaca, TX CITY COUNCIL REGULAR MEETING May 08, 2023
The City received an Unqualified Opinion, which is the highest level of assurance that the financial
statements are presented fairly, in all material respects, and are presented in accordance with generally
accepted accounting principles.
The audited financial statements for the fiscal year ended Sept. 30, 2022 showed an increase in total Net
Position, which may serve over time as a useful indicator of a government’s financial position, of
$1,919576. Additionally, the combined governmental ending fund balances for the year ended 9/30/22
were $10,243,050. The City’s general fund, which is the major operating fund for the city, had an
unassigned fund balance of $7,701,244, or 66% of the total general fund expenditures. This represents a
healthy reserve.
Motion made by Councilman District 1 Smith
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of staff, Council hereby approves the Annual
Comprehensive Financial Report (ACFR) for the Fiscal Year ending September 30, 2022, prepared by the
Audit Firm of Pattillo, Brown &Hill, L.L.P.
Seconded by Councilwoman District 4 (Mayor Pro Tem) Padron
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
2. Consider ratification of Amended Bank Depository Agreement, Depository Pledge
Agreement, and Securities Account Control Agreement between the City of Port Lavaca,
First National Bank in Port Lavaca and Pershing, a BNY Mellon Company for a five (5) year
period affective February 01, 2023. Presenter is Jody Weaver
Interim City Manager Weaver advised Council that the City approved and executed a depository
agreement and depository pledge agreement with First National Bank (FNB) on January 9, 2023 to be
effective February 1, 2023 for a term of five (5) years. The agreement was forwarded to the bank for
execution by the remaining parties, which included First National Bank in Port Lavaca, and Pershing, a
BNY Mellon Company (Pershing).
On March 14, 2023, staff was informed by First National Bank that the Pledged Collateral agreement the
city had previously provided to the bank for review in December, 2022 would not be acceptable to
Pershing. Instead, Pershing offered a Securities Account Control Agreement for consideration.
The City was provided an alternative agreement furnished by Pershing, and as a result, there was a need
to amend the Depository Agreement and Depository Pledge Agreement in order to insert language which
referred to the Securities Account Control Agreement.
Members of the Finance Committee were involved in the review of the documents as well as the City’s
Attorney. These documents were ultimately approved and executed by all parties.
Page 3 of 11
Port Lavaca, TX CITY COUNCIL REGULAR MEETING May 08, 2023
Proper agreements are not only required by Federal and State law, they also provide the mechanism to
ensure the City’s funds are fully collateralized in the event of a bank failure. Without the proper
agreements in place, the City would only receive the $250,000.00 FDIC insurance as a recovery of all
funds deposited in the bank.
Additionally, the implications on the city‘s annual audit would include a finding in the government
auditing standards report due to the City not being in compliance with a state law to have all deposits
properly collateralized, with not disclosures mentioning that all cash deposits were not properly
collateralized.
Motion made by Councilman District 5 Ward
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of staff, Council hereby approves ratification of
Amended Bank Depository Agreement, Depository Pledge Agreement, and Securities Account Control
Agreement between the City of Port Lavaca, First National Bank in Port Lavaca and Pershing, a BNY
Mellon Company for a five (5) year period affective February 01, 2023.
Seconded by Councilman District 2 Dent
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
3. Consider appointment/reappointment of member(s) to Port Commission to fill term-expired
vacancy(‘s) and/or start a new term. Presenter is Jody Weaver
Interim City Manager Weaver advised Council that the term of current board members of the Port
Commission will be expiring in May 2023. They have all expressed a desire to be reappointed for a new
two-year term. The members in question are Alex Davila, Mike McGuire, Jim O’Neil, Larry Nichols and
Mike Kovarek.
Motion made by Councilman District 2 Dent
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, Council hereby approves reappointment of Alex Davila, Mike McGuire, Jim O’Neil, Larry
Nichols and Mike Kovarek to the Port Commission for each to serve two-year terms.
Seconded by Councilman District 1 Smith
Page 4 of 11
Port Lavaca, TX CITY COUNCIL REGULAR MEETING May 08, 2023
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
4. Consider Resolution No. R-050823-1 of the City of Port Lavaca, Texas finding that AEP
Texas Inc.'s application to amend its Distribution Cost Recovery Factors (DCRF) to increase
distribution rates within the city should be denied; authorizing participation with the cities
served by AEP Texas; authorizing hiring of legal counsel; finding that the city's reasonable
rate case expenses shall be reimbursed by the company; finding that the meeting at which
this resolution is passed is open to the public as required by law; requiring notice of this
resolution to the company and legal counsel. Presenter is Anne Marie Odefey
Motion made by Councilman District 3 Tippit
WHEREAS, the City of Port Lavaca, Texas ("City") is an electric utility customer of AEP Texas Inc.
("AEP" or "Company"), and a regulatory authority with an interest in the rates and charges of AEP; and
WHEREAS, the City is a member of the Cities Served by AEP ("Cities"), a membership of similarly
situated cities served by AEP that have joined together to efficiently and cost effectively review and
respond to electric issues affecting rates charged in AEP's service area; and
WHEREAS, on or about April 5, 2023 AEP filed with the City an Application to Amend its Distribution
Cost Recovery Factor ("DCRF"), PUC Docket No. 54824, seeking to increase electric distribution rates
by approximately $39.7 million (an approximately $1.63 increase to the average residential customer's
bill from the rates just approved in the Company’s most recent DCRF case) and impose a Rider Mobile
TEEE Facilities to recover $30.67 million (an approximately $1.30 increase to the average residential
customer’s bill) related to mobile generation facilities; and
WHEREAS, all electric utility customers residing in the City will be impacted by this ratemaking
proceeding if it is granted; and
WHEREAS, Cities are coordinating its review of AEP's DCRF filing with designated attorneys and
consultants to resolve issues in the Company's application; and
WHEREAS, Cities members and attorneys recommend that members deny the DCRF.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
Section 1. That the City is authorized to participate with Cities in PUC Docket No. 54824.
Section 2. That subject to the right to terminate employment at any time, the City of hereby
authorizes the hiring of the law firm of Lloyd Gosselink and consultants to negotiate with the
Company, make recommendations to the City regarding reasonable rates, and to direct any necessary
administrative proceedings or court litigation associated with an appeal of this application filed with
the PUC.
Page 5 of 11
Port Lavaca, TX CITY COUNCIL REGULAR MEETING May 08, 2023
Section 3. That the rates proposed by AEP to be recovered through its DCRF and Rider
Mobile TEEE Facilities charged to customers located within the City limits, are hereby found to be
unreasonable and shall be denied.
Section 4. That the Company shall continue to charge its existing rates to customers within
the City.
Section 5. That the City's reasonable rate case expenses shall be reimbursed in full by AEP
within 30 days of presentation of an invoice to AEP.
Section 6. That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time, place,
and purpose of said meeting was given as required.
Section 7. That a copy of this Resolution shall be sent to Leila Melhem, American Electric
Power Service Corporation, 400 West 15th Street, Suite 1520, Austin, Texas 78701 and to Thomas
Brocato, General Counsel to the Cities, at Lloyd Gosselink Rochelle & Townsend, 816 Congress
Ave., Suite 1900, Austin, Texas 78701.
Seconded by Councilman District 5 Ward
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
5. Consider Resolution No. R-050823-2 of the City of Port Lavaca, Texas to approve Annual
Review of the City of Port Lavaca’s Investment Policy and Strategy. Presenter is Susan
Lang
Finance Director Lang advised Council that as a requirement of the Texas Public Funds Investment Act
and as per the City’s Investment Policy and Strategy, the City shall perform an annual review of the
investment policy. On Monday, April 24, 2023, the City’s Finance & Investment Committee convened
to review the current investment policy and found the proposed policy with changes to be adequate for
the City’s needs. Staff and the Finance Committee recommends approval of the annual review of the
City’s Investment Policy and Strategy by Resolution No. R-050823-2, a copy which is on file in the Office
of the City Secretary, in its entirety.
Motion made by Councilman District 2 Dent
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of staff and the Finance Committee, Council hereby
approves Resolution No. R-050823-2 of the City of Port Lavaca, Texas to approve Annual Review of the
City of Port Lavaca’s Investment Policy and Strategy.
Page 6 of 11
Port Lavaca, TX CITY COUNCIL REGULAR MEETING May 08, 2023
Seconded by Councilman District 3 Tippit
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
6. Consider Resolution No. R-050823-3 of the City of Port Lavaca, Texas to adopt the City of
Port Lavaca’s Budgetary and Financial Management Policies for the 2023-2024 Fiscal Year.
Presenter is Susan Lang
Finance Director Lang advised Council that as a pre-cursor to the annual budget process, the Budgetary
& Financial Management Policies of the City were reviewed by the Finance committee meeting on April
24, 2023. Staff and the Finance Committee recommends approval of the City of Port Lavaca’s Budgetary
and Financial Management Policies for the 2023-2024 Fiscal Year by Resolution No. R-050823-3, a copy
which is on file in the Office of the City Secretary, in its entirety.
Motion made by Councilman District 3 Tippit
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of staff, Council hereby approves Resolution No. R-
050823-3 of the City of Port Lavaca, Texas to adopt the City of Port Lavaca’s Budgetary and Financial
Management Policies for the 2023-2024 Fiscal Year.
Seconded by Councilman District 5 Ward
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
7. Consider Resolution No. R-050823-4 of the City of Port Lavaca, Texas to adopt the Sidewalk
Plan as part of the City of Port Lavaca’s Comprehensive Plan adopted by Ordinance No. G-
9-16 on September 12, 2016. Presenter is Jody Weaver
Motion made by Councilman District 5 Ward
WHEREAS, a well-planned sidewalk/shared use path system helps to provide an affordable mode
of transportation available to all citizens and is an effective tool to encourage non-vehicular mobility and
promote a healthy lifestyle; and
WHEREAS, the City of Port Lavaca Comprehensive Plan recommends the City adopt a Sidewalk
Master Plan to ensure pedestrian safety and connectivity in the City; and
WHEREAS, a Sidewalk Master Plan will guide City staff, property owners and developers in
determining where sidewalks are needed to create an effective network of sidewalks and shared use paths
within the City; and
Page 7 of 11
Port Lavaca, TX CITY COUNCIL REGULAR MEETING May 08, 2023
WHEREAS, the City Council of the City of Port Lavaca, Texas finds it to be in the public interest
to adopt the Sidewalk Master Plan as presented; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS;
THAT, the City Council adopts the Sidewalk Master Plan to guide the City in future planning and
decision-making regarding the placement and construction of sidewalks and shared use paths, the
provisions of which shall be as set forth on the City’s website on the Comprehensive Plan page labeled
“Port Lavaca Sidewalk Plan – May 2023”.
Seconded by Councilman District 6 Barr
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
8. Consider Resolution No. R-050823-5 of the City of Port Lavaca, Texas to prepare and submit
Grant applications to the Texas General Land Office (GLO) Coastal Erosion Planning &
Response Act (CEPRA) Cycle 13 and Commitment of Public Funds as required for match
for the following projects: Harbor of Refuge Protection and Restoration and Lighthouse
Beach Restoration. Presenter is Jody Weaver
Motion made by Councilman District 3 Tippit
WHEREAS, the City of Port Lavaca is a coastal community sitting on the shores of Lavaca Bay,
a northwestern extension of the Matagorda Bay ecosystem and is committed to the long-term protection
and enhancement of our coastal and natural resources; and
WHEREAS, the Texas General Land Office (GLO) administers the Coastal Erosion Planning
Response Act (CEPRA) Program in Texas to provide state legislature appropriated grant funds to worthy
coastal jurisdictions through the review of submitted project goal summary applications and subsequent
award of project grant funds; and
WHEREAS, the Harbor of Refuge Protection and Restoration Project is included in the GLO 2023
Coastal Resiliency Masterplan as one of 121 projects prioritized as Tier 1 by the Texas General Land
Office through close input from a Technical Advisory Committee (TAC) to mitigate issues that negatively
impact the Texas coast; and
WHEREAS, in recognition of the critical importance of Port Lavaca’s coastal natural resources to
all residents and visitors to the Texas coast, the potential availability to leverage local dollars with State
and Federal funds, the societal benefits to current and future generations of Texans, the City of Port Lavaca
City Council considers it fitting and proper to commit local dollars as required match funds toward for the
implementation of these critical shoreline protection projects and provide public access to the same; and
Page 8 of 11
Port Lavaca, TX CITY COUNCIL REGULAR MEETING May 08, 2023
WHEREAS, The Matagorda Bay Mitigation Trust, whose mission is to support and fund
environmental mitigation projects, studies, and initiatives in the Matagorda and San Antonio Bay
ecosystems, has generously awarded the City of Port Lavaca a $200,000.00 grant to go towards the
required match dollars of a potential CEPRA grant award.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS;
THAT, the City Council hereby approves and supports the submission of two (2) CEPRA Cycle
13 grant applications to solicit funding for the following essential projects and hereby also commits to
establish and maintain public access to said shorelines:
1) Harbor of Refuge Protection and Restoration, Phase 1 including preliminary engineering,
permitting, and final design with a commitment of $275,200.00 of local match dollars,
$200,000.00 of which is the generous grant from the Matagorda Bay Mitigation Trust Fund.
2) Lighthouse Beach Restoration Project feasibility study, with a commitment of $50,000.00 of
local match dollars.
The City Manager is hereby authorized to execute any and all applications and contract forms as
necessary, dedicate/secure the required cash match, and coordinate staff’s efforts to submit the approved
Project Goal Summary grant applications to the General Land Office.
Seconded by Councilman District 1 Smith
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
9. Consider Resolution No. R-050823-6 of the City of Port Lavaca, Texas supporting City of
Port Lavaca’s Application to the Texas Department of Transportation’s (TxDOT) 2023
Transportation Alternatives Set-Aside (TA) Program. Presenter is Jody Weaver
Motion made by Councilman District 5 Ward
WHEREAS, the Texas Department of Transportation issued a call for projects in December 2022
for communities to apply for funding assistance through the Transportation Alternatives Set-Aside (TA)
Program; and
WHEREAS, the TA funds may be used for development of preliminary engineering (plans,
specifications, and estimates and environmental documentation) and construction of pedestrian and/or
bicycle infrastructure. The TA funds require a local match, comprised of cash or Transportation
Development Credits (TDCs), if eligible. The City of Port Lavaca would be responsible for all
non-reimbursable costs and 100% of overruns, if any, for TA funds; and
Page 9 of 11
Port Lavaca, TX CITY COUNCIL REGULAR MEETING May 08, 2023
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, the City of Port Lavaca supports funding this project as described in the 2023 TA Detailed
Application (including the preliminary engineering budget, if any, construction budget, the department’s
direct state cost for oversight, and the required local match, if any) and is willing to commit to the project’s
development, implementation, construction, maintenance, management, and financing. The City of Port
Lavaca is willing and able to enter into an agreement with the department by resolution or ordinance,
should the project be selected for funding.
Seconded by Councilwoman District 4 (Mayor Pro Tem) Padron
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
10. Consider recommendation of Planning Board for approval of a single-lot Final minor plat,
Sylvia Pina Mendoza Life Estate Subdivision, located at 914 Schooley Street, CAD Pin
#54708. Presenter is Derrick Smith
Development Services Director Smith advised Council that the applicant for the proposed subdivision
was deeded the land. With the probate, Sylvia Pina Mendoza was provided the land under CAD PIN
54708 with the remainder to a family member. Ms. Mendoza is now legally platting the property to obtain
proper building permits for a remodel and addition to her home. He said the applicant has also obtained
proper permits for the re-route of utilities. An easement has been created and new meters have been set to
separate the residential dwelling from the multi-family dwelling located off-premises. The Planning
Board has approved this request.
Motion made by Councilwoman District 4 (Mayor Pro Tem) Padron
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of the Planning Board and staff, Council hereby
approves a single-lot Final minor plat, Sylvia Pina Mendoza Life Estate Subdivision, located at 914
Schooley Street, CAD Pin #54708.
Seconded by Councilman District 6 Barr
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
11. Consider recommendation of Planning Board for approval of a conceptual retail store; to be
located on 1207 W. Austin Street, legal description for the lot is Burkeshire Subdivision (PL),
Lot PT 6, Acres 1.327, Property identification #10081. Presenter is Derrick Smith
Page 10 of 11
Port Lavaca, TX CITY COUNCIL REGULAR MEETING May 08, 2023
Development Services Director Smith advised Council that the applicant is proposing to construct a Dollar
General on the site. The proposed structure will be 12,644 square feet with 50 parking spaces. Smith said
the developer contacted him to confirm that the property had been platted and water/wastewater
availability for the site. The Planning Board has approved the conceptual retail store to be located at 1207
W. Austin.
Justin Weaver was in attendance and commented to Council that he had reservations about a General
Dollar Store opening up for business so near his own business on W. Austin Street.
Motion made by Councilman District 5 Ward
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
LAVACA, TEXAS:
THAT, in accordance with recommendation of the Planning Board and staff, Council hereby
approves a conceptual retail store; to be located on 1207 W. Austin Street, legal description for the lot is
Burkeshire Subdivision (PL), Lot PT 6, Acres 1.327, Property identification #10081.
Seconded by Councilman District 2 Dent
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
IX. ADJOURNMENT
Mayor asked for motion to adjourn.
Motion made by Councilman District 5 Ward
Seconded by Councilman District 6 Barr
Voting Yea:
Councilman District 1 Smith, Councilman District 2 Dent, Councilman District 3 Tippit, Councilwoman
District 4 (Mayor Pro Tem) Padron, Councilman District 5 Ward, Councilman District 6 Barr
Meeting adjourned at 7:40 p.m.
These minutes were approved on June 12, 2023.
ATTEST:
Jack Whitlow, Mayor
Mandy Grant, City Secretary
Page 11 of 11
Agenda
CITY COUNCIL REGULAR MEETING
Monday, May 08, 2023 at 6:30 PM
City Council Chambers | 202 N. Virginia Street, Port Lavaca TX 77979
PUBLIC NOTICE OF MEETING
The following item will be addressed at this or any other meeting of the city council upon the request
of the mayor, any member(s) of council and/or the city attorney:
Announcement by the mayor that council will retire into closed session for consultation with
city attorney on matters in which the duty of the attorney to the city council under the Texas
disciplinary rules of professional conduct of the state bar of Texas clearly conflicts with the
open meetings act (title 5, chapter 551, section 551.071(2) of the Texas government code).
(All matters listed under the consent agenda item are routine by the city council and will be enacted
by one motion. There will not be separate discussion of these items. If discussion is desired, that
item will be removed from the consent agenda and will be considered separately.)
AGENDA
Council will consider/discuss the following items and take any action deemed necessary.
MEETING PROCEDURE
Public notice is hereby given that the City Council of the City of Port Lavaca, Texas, will hold a regular
meeting Monday, May 8, 2023 beginning at 6:30 p.m., at the regular meeting place in Council
Chambers at City Hall, 202 North Virginia Street, Port Lavaca, Texas to consider the following items
of business.
The meeting will also be available via the video conferencing application “Zoom”,
Join Zoom Meeting:
https://us02web.zoom.us/j/88287065071?pwd=WTJqOFB4WU5sL0JJb2IyM3I2Q01MZz09
Meeting ID: 882 8706 5071
Passcode: 463897
One Tap Mobile
+13462487799,,81793583407#,,,,*995664# US (Houston)
Dial by your location
+1346 248 7799 US (Houston)
Port Lavaca, TX CITY COUNCIL REGULAR MEETING May 08, 2023
I. ROLL CALL
II. CALL TO ORDER
III. INVOCATION
IV. PLEDGE OF ALLEGIANCE
V. PRESENTATION(S)
Proclamation(s) by the Mayor
1. May is Motorcycle Awareness Month
2. National Police Week is May 14 – May 20, 2023
3. National Public Works Week is May 21 – May 27, 2023 -“Connecting the World through
Public Works”
VI. COMMENTS FROM THE PUBLIC
(Limited to 3 minutes per individual unless permission to speak longer is received in advance. You
may make public comments as you would at a meeting by logging on with your computer and using
"Join Zoom Meeting" information on first page of this agenda).
VII. CONSENT AGENDA - Council will consider/discuss the following items and take any action
deemed necessary
A. Minutes of April 10, 2023 Regular Meeting
B. Review of Credit Card Statement
C. Receive Monthly Financial Highlight Report
D. Receive Victoria Economic Development Corporation (VEDC) Monthly Report
VIII. ACTION ITEMS - Council will consider/discuss the following items and take any action deemed
necessary
1. Consider approval of the Annual Comprehensive Financial Report (ACFR) for the Fiscal Year
ending September 30, 2022, prepared by the Audit Firm of Pattillo, Brown &Hill,
L.L.P. Presenter is Susan Lang
2. Consider ratification of Amended Bank Depository Agreement, Depository Pledge
Agreement, and Securities Account Control Agreement between the City of Port Lavaca, First
National Bank in Port Lavaca and Pershing, a BNY Mellon Company for a five (5) year period
affective February 01, 2023. Presenter is Jody Weaver
3. Consider appointment/reappointment of member(s) to Port Commission to fill term-expired
vacancy(‘s) and/or start a new term. Presenter is Jody Weaver
4. Consider Resolution No. R-050823-1 of the City of Port Lavaca, Texas finding that AEP
Texas Inc.'s application to amend its Distribution Cost Recovery Factors (DCRF) to increase
distribution rates within the city should be denied; authorizing participation with the cities
served by AEP Texas; authorizing hiring of legal counsel; finding that the city's reasonable
rate case expenses shall be reimbursed by the company; finding that the meeting at which this
resolution is passed is open to the public as required by law; requiring notice of this resolution
to the company and legal counsel. Presenter is Anne Marie Odefey
Port Lavaca, TX CITY COUNCIL REGULAR MEETING May 08, 2023
5. Consider Resolution No. R-050823-2 of the City of Port Lavaca, Texas to approve Annual
Review of the City of Port Lavaca’s Investment Policy and Strategy. Presenter is Susan Lang
6. Consider Resolution No. R-050823-3 of the City of Port Lavaca, Texas to adopt the City of
Port Lavaca’s Budgetary and Financial Management Policies for the 2023-2024 Fiscal
Year. Presenter is Susan Lang
7. Consider Resolution No. R-050823-4 of the City of Port Lavaca, Texas to adopt the Sidewalk
Plan as part of the City of Port Lavaca’s Comprehensive Plan adopted by Ordinance No. G-
9-16 on September 12, 2016. Presenter is Jody Weaver
8. Consider Resolution No. R-050823-5 of the City of Port Lavaca, Texas to prepare and submit
Grant applications to the Texas General Land Office (GLO) Coastal Erosion Planning &
Response Act (CEPRA) Cycle 13 and Commitment of Public Funds as required for match for
the following projects: Harbor of Refuge Protection and Restoration and Lighthouse Beach
Restoration. Presenter is Jody Weaver
9. Consider Resolution No. R-050823-6 of the City of Port Lavaca, Texas supporting City of
Port Lavaca’s Application to the Texas Department of Transportation’s (TxDOT) 2023
Transportation Alternatives Set-Aside (TA) Program. Presenter is Jody Weaver
10. Consider recommendation of Planning Board for approval of a single-lot Final minor plat,
Sylvia Pina Mendoza Life Estate Subdivision, located at 914 Schooley Street, CAD Pin
#54708. Presenter is Derrick Smith
11. Consider recommendation of Planning Board for approval of a conceptual retail store; to be
located on 1207 W. Austin Street, legal description for the lot is Burkeshire Subdivision (PL),
Lot PT 6, Acres 1.327, Property identification #10081. Presenter is Derrick Smith
IX. ADJOURNMENT
Port Lavaca, TX CITY COUNCIL REGULAR MEETING May 08, 2023
CERTIFICATION OF POSTING NOTICE
This is to certify that the above notice of a regular meeting of The City Council of The City of Port Lavaca,
scheduled for Monday, May 08, 2023, beginning at 6:30 p.m., was posted at city hall, easily accessible
to the public, as of 2:00 p.m. Friday, May 05, 2023.
________________________________
Mandy Grant, City Secretary
ADA NOTICE
The Port Lavaca City Hall and Council Chambers are wheelchair accessible. Access to the building is
available at the primary north entrance facing Mahan Street. Special parking spaces are located in the
Mahan Street parking area. In compliance with the Americans with Disabilities Act, the City of Port
Lavaca will provide for reasonable accommodations for persons attending meetings. To better serve you,
requests should be received 24 hours prior to the meetings. Please contact City Secretary Mandy Grant
at (361) 552-9793 Ext. 230 for assistance.
Get email alerts for Port Lavaca
A daily email when new agendas and minutes are posted.