City Council Special Meeting
Special MeetingPort Lavaca, TX · September 26, 2022
Minutes
Port Lavaca, TX CITY COUNCIL SPECIAL MEETING September 26, 2022
CITY COUNCIL SPECIAL MEETING
Monday, September 26, 2022 at 6:00 PM
Council Chambers at City Hall, 202 N. Virginia Street, Port Lavaca, Texas
MINUTES
STATE OF TEXAS §
COUNTY OF CALHOUN §
CITY OF PORT LAVACA §
On this the 26th day of September, 2022, the City Council of the City of Port Lavaca, Texas,
convened in a special meeting at 6:00 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
CITY COUNCIL SPECIAL MEETING
II. CALL TO ORDER
• Mayor Whitlow called the meeting to order at 6:02 p.m. and presided.
III. COMMENTS FROM THE PUBLIC – Comments will be limited to three (3) Minutes per
individual unless permission to speak longer is received in advance.
• Mayor asked for comments from the public and there were none.
IV. ACTION ITEMS - Council will consider/discuss the following items and take any action deemed
necessary.
1. Announcement by Mayor that City 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
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Port Lavaca, TX CITY COUNCIL SPECIAL MEETING September 26, 2022
of Texas clearly conflicts with the Open Meetings Act (Title 5, Chapter 551, Section
551.071(2) of the Texas Government Code). Presenter is Mayor Whitlow
Mayor Whitlow announced that Council would retire into closed session at 6:03 p.m.
2. Return to Open Session and take any action deemed necessary with regard to matters in
closed session. Presenter is Mayor Whitlow
Mayor Whitlow announced that Council was back in open session at 7:11 p.m.
A. Discuss and take any action deemed necessary to authorize Guadalupe-Blanco River
Authority (GBRA) to sell the Port Lavaca Water Treatment Plant to Undine, Inc. or
its assigns.
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, Council hereby authorizes Guadalupe-Blanco
River Authority (GBRA) to sell the Port Lavaca Water Treatment Plant to Undine, Inc. or its assigns.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute all instruments
necessary to effect such agreement.
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
B. Discuss and take any action deemed necessary to approve replacement of the Raw
Water Contract between the City of Port Lavaca and Guadalupe-Blanco River
Authority (GBRA).
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, Council hereby approves, by City Resolution
No. R-092622-1, replacement of the Raw Water Contract between the City of Port Lavaca and Guadalupe-
Blanco River Authority (GBRA).
BE IT FURTHER RESOLVED, that the Interim City Manager and the Mayor is hereby authorized
to execute all instruments necessary to effect such agreement.
Page 2 of 3
Port Lavaca, TX CITY COUNCIL SPECIAL MEETING September 26, 2022
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
C. Discuss and take any action deemed necessary to approve a Contract between the
City of Port Lavaca and Undine, Inc. for the treatment of water purchased from
Guadalupe-Blanco River Authority (GBRA), subject to the sale of the Port Lavaca
Water Treatment Plant to Undine, Inc. or its assigns.
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, Council hereby approves, by City Resolution
No. R-092622-2, a Contract between the City of Port Lavaca and Undine, Inc. for the treatment of water
purchased from Guadalupe-Blanco River Authority (GBRA), subject to the sale of the Port Lavaca Water
Treatment Plant to Undine, Inc. or its assigns.
BE IT FURTHER RESOLVED, that the Interim City Manager and the Mayor is hereby authorized
to execute all instruments necessary to effect such agreement.
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
V. ADJOURN SPECIAL MEETING
Motion made by Councilman District 2 Dent
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
Special Meeting adjourned at 7:21 p.m.
These minutes were approved on October 10, 2022.
Jack Whitlow, Mayor
Mandy Grant, City Secretary
Page 3 of 3
Agenda
CITY COUNCIL SPECIAL MEETING
Monday, September 26, 2022 at 6:00 PM
Council Chambers at City Hall, 202 N. Virginia Street, Port Lavaca, Texas
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.
COVID-19 MEETING PROCEDURE
Public notice is hereby given that the City Council of the City of Port Lavaca, Texas, will conduct a Special
Meeting on Monday, September 26, 2022 beginning at 6:00 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:
Due to COVID-19 concerns, social distancing guidelines will be encouraged for in-person attendance.
The meeting will also be available via the video conferencing application “ZOOM”.
Join Zoom Meeting:
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Meeting ID: 836 8225 2113
Passcode: 580800
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Port Lavaca, TX CITY COUNCIL SPECIAL MEETING September 26, 2022
I. ROLL CALL
II. CALL TO ORDER
III. COMMENTS FROM THE PUBLIC - Comments will be limited to three (3) Minutes
per individual unless permission to speak longer is received in advance
IV. ACTION ITEMS - Council will consider/discuss the following items and take any action
deemed necessary
1. Announcement by Mayor that City 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). Presenter is Mayor Whitlow
2. Return to Open Session and take any action deemed necessary with regard to matters in closed
session. Presenter is Mayor Whitlow
A. Discuss and take any action deemed necessary to authorize Guadalupe-Blanco River
Authority (GBRA) to sell the Port Lavaca Water Treatment Plant to Undine, Inc. or its assigns.
B. Discuss and take any action deemed necessary to approve replacement of the Raw
Water Contract between the City of Port Lavaca and Guadalupe-Blanco River Authority
(GBRA).
C. Discuss and take any action deemed necessary to approve a Contract between the City
of Port Lavaca and Undine, Inc. for the treatment of water purchased from Guadalupe-Blanco
River Authority (GBRA), subject to the sale of the Port Lavaca Water Treatment Plant to
Undine, Inc. or its assigns.
V. ADJOURN SPECIAL MEETING
VI. CERTIFICATION OF POSTING NOTICE
This is to certify that the above notice of a Special Meeting of the City Council of the City of Port
Lavaca, scheduled for Monday, September 26, 2022, beginning at 6:00 p.m., was posted at city
hall, easily accessible to the public, as of 4:30 p.m. Thursday, September 22, 2022.
________________________________
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.
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