SPECIAL PORT COMMISSION MEETING
Special MeetingPort Lavaca, TX · November 8, 2022
Minutes
SPECIAL PORT COMMISSION MEETING
Tuesday, November 08, 2022, at 10:00 AM
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 November 2022, the Port Commission of the City of Port Lavaca, Texas,
convened for a Special session at 10:00 a.m. in the regular meeting place in City Council Chambers
at City Hall, 202 North Virginia Street, Port Lavaca, Texas, with the following Commissioners in
attendance:
ROLL CALL:
Alex Davila Chairman
Raymond Butler Commissioner / Secretary
Mike McGuire Commissioner
Sue Traylor Commissioner
Michael Kovarek Commissioner
Jamie O'Neil Commissioner
Larry Nichols Commissioner
CALL TO ORDER
ACTION ITEMS: LEASES
1. CONSIDER EXISTING LEASE OF TRACT 17, 17Ar. AND NEW LEASE OF TRACT 11
AT THE HARBOR OF REFUGE.
Chairman Davila announced this agenda item would be discussed in closed session.
2. ANNOUNCEMENT BY THE CHAIRMAN THAT THE PORT COMMISSION WILL
RETIRE TO CLOSED SESSION.
Chairman Davila announced that Port Commission would retire into closed session at 10:03 a.m.
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING November 08, 2022
3. RETURN TO OPEN SESSION AND TAKE ANY ACTION NECESSARY ON ITEM
DICUSSED IN CLOSED SESSION.
Chairman Davila announced that Port Commission was back in open session at 10:48 a.m.
(A)
Motion made by Commissioner McGuire
NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY
OF PORT LAVACA, TEXAS:
THAT, Chairman Davila, makes recommendation to lease Tract 11 to Encore with the following
recommendations, Twenty-Five Hundred ($2,500) dollars with a one-year (1) lease and a one-year (1) option with
an annual MCI of 2% minimum and a 5% maximum.
Motion died due to lack of a second.
(B)
Motion made by Commissioner Butler
NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY
OF PORT LAVACA, TEXAS:
THAT, Chairman Davila, makes recommendation to lease Tract 11 to Encore with the following
recommendations, Twenty-Five Hundred ($2,500) dollars with a one-year (1) lease.
Motion died due to lack of a second.
(C)
Motion made by Commissioner O’Neil
NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY
OF PORT LAVACA, TEXAS:
THAT, Chairman Davila, makes recommendation to lease Tract 11 to Encore with the following
recommendations, Twenty-Five Hundred ($2,500) dollars with a five-year (5) lease, no option, with an annual MCI
of 2% minimum and a 5% maximum.
Seconded by Commissioner Nichols.
Motion failed by the following vote:
Voting Aye:
Jamie O'Neil, Michael Kovarek, Larry Nichols
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING November 08, 2022
Voting Nay:
Mike McGuire, Raymond Butler, Sue Traylor, and Alex Davila
(D)
Motion made by Commissioner Traylor
NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY
OF PORT LAVACA, TEXAS:
THAT, Chairman Davila, makes recommendation to lease Tract 11 to Encore with the following
recommendations, Twenty-Five Hundred ($2,500) dollars with a three-year (3) lease, no option, with an annual
increase on October 1st, using the actual variable MCI.
Seconded by Commissioner Butler.
Motion passed by the following vote:
Voting Aye:
Alex Davila, Mike McGuire, Larry Nichols, Michael Kovarek, Raymond Butler, and Sue Traylor.
Voting Nay: James O’Neil
(E)
Motion made by Commissioner Nichols
NOW THEREFORE, LET IT BE RESOLVED BY THE PORT COMMISSION OF THE CITY
OF PORT LAVACA, TEXAS:
THAT, Chairman Davila, makes recommendation to designate Tract 11, 12, 13 and “No Man’s Land” to
be know as Tract 11 as shown on Exhibit A.
Seconded by Commissioner Kovarek.
Motion passed by the following vote:
Voting Aye:
Alex Davila, Mike McGuire, Larry Nichols, Michael Kovarek, Raymond Butler, Sue Traylor and James
O’Neil.
Voting Nay:
None
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING November 08, 2022
ADJOURNMENT
Commissioner Nichols made a motion to adjourn the meeting.
Commissioner Butler seconded this motion.
Motion passed by the following vote:
Voting Aye:
Alex Davila, Mike McGuire, Larry Nichols, Michael Kovarek, Raymond Butler, Sue Traylor, and Jamie
O'Neil.
Voting Nay: None
Meeting adjourned at 11:05 a.m.
These minutes were approved on November 15, 2022.
ATTEST:
Alex Davila, Chairman
Rachel Garza, Admin. Assistant
Agenda
SPECIAL PORT COMMISSION MEETING
Tuesday, November 08, 2022 at 10:00 AM
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 Port Commission upon the
request of the chairman, any member(s) of Port Commission and/or the City Attorney:
Announcement by the Chairman that Port Commission will retire into closed session for
consultation with City Attorney on matters in which the duty of the attorney to the Port
Commission 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 Port Commission 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
Port Commission will consider/discuss the following items and take any action deemed necessary.
CALL TO ORDER
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 on Zoom by
logging on with your computer and/or smart phone as described in the zoom invitation below.
ACTION ITEMS: LEASES
1. CONSIDER EXISTING LEASE OF TRACT 17, 17Ar. AND NEW LEASE OF TRACT 11
AT THE HARBOR OF REFUGE.
2. ANNOUNCEMENT BY THE CHAIRMAN THAT THE PORT COMMISSION WILL
RETIRE TO CLOSED SESSION.
• TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF
REAL PROPERTY (DELIBERATION IN AN OPEN MEETING WOULD HAVE A
DETRIMENTAL EFFECT ON THE POSITION OF THE GOVERNMENTAL BODY
IN NEGOTIATIONS WITH A THIRD PARTY), IN ACCORDANCE WITH
CHAPTER 551, TITLE 5, SECTION 551.072 OF THE TEXAS GOVERNMENT
CODE
Port Lavaca, TX SPECIAL PORT COMMISSION MEETING November 08, 2022
3. RETURN TO OPEN SESSION AND TAKE ANY ACTION NECESSARY ON
ITEM DICUSSED IN CLOSED SESSION.
ADJOURNMENT
CERTIFICATION OF POSTING NOTICE
This is to certify that the above notice of a regular meeting of The Port Commission of The City of Port
Lavaca, scheduled for Tuesday, November 08, 2022, beginning at 10:00 a.m., was posted at city hall,
easily accessible to the public, as of 5:00 p.m. Friday, November 08, 2022.
/s/ Rachel Garza .
Rachel Garza, Administrative Assistant
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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