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City Council Special Meeting

Special Meeting

Port Lavaca, TX · September 26, 2022

AgendaPacketMinutes

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 Page 1 of 3 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: https://us02web.zoom.us/j/83682252113?pwd=aldESktUMC85Zld5ZU5tUnY4cDBXUT09 Meeting ID: 836 8225 2113 Passcode: 580800 One Tap Mobile +13462487799,,83682252113#,,,,*580800# US (Houston) Dial by your location +1 346 248 7799 US (Houston) 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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