Ken Barr Councilman, District 6. Mayor Whitlow called the meeting to order at 6:33 P.M. and presided.

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1 STATE OF TEXAS COUNTY OF CALHOUN CITY OF PORT LAVACA On this the 11 th day of March, 2013, the City Council of the City of Port Lavaca, Texas, convened in 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: Jack Whitlow Mayor Floyd Felder Councilman, District 1 Raymond Perez Councilman, District 2, Mayor Pro-Tem Lee Rivera Councilman, District 3 Gregory Falcon Councilman, District 4 Jim Ward Councilman, District 5 And with the following absent: Ken Barr Councilman, District 6 Constituting a quorum for the transaction of business, at which time the following business was transacted: CALL TO ORDER Mayor Whitlow called the meeting to order at 6:33 P.M. and presided. Pastor Kevin Levrier, Freedom House Assembly of God, gave the invocation. Mayor Whitlow led the pledge of allegiance to the American and Texas flags. Presentations by Mayor: o Employee Service Award)s): Tony Atkinson 25 years Wastewater Department Mayor asked for Comments from the public and heard from the following: o Nathanael Ward 224 E. Main Port Lavaca Parking lot repairs Page 1 of 10

2 CONSENT AGENDA: (A) MINUTES OF FEBRUARY 11, 2013 REGULAR MEETING (B) (C) MINUTES OF FEBRUARY 25, 2013 WORKSHOP CONSIDER CONTRACT BETWEEN THE CITY OF PORT LAVACA AND THE CALHOUN COUNTY YMCA FOR OPERATION OF CITY MUNICIPAL POOL (D) PAYMENT OF INVOICES EXCEEDING $1,500 Councilman Perez made a motion to pass the following: 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. Councilman Felder seconded this motion. CONSIDER FIRST READING OF AN ORDINANCE OF THE CITY OF PORT LAVACA, TEXAS, EXTENDING THE HOURS FOR THE SALE OR OFFER FOR SALE OF ALCOHOL BEVERAGES DURING EXTENDED HOURS BY THE HOLDER OF A RETAIL DEALER S ON-PREMISES LATE HOURS LICENSE OR THE HOLDER OF A MIXED BEVERAGE LATE HOURS PERMIT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, OR FOR ANY VIOLATION OF ANY PROVISION OR REGULATION WHICH GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, WHICH SHALL BE PUNISHED BY PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING SEVERABILITY, REPEAL, PUBLICATION CLAUSES AND EFFECTIVE DATE Mayor Whitlow read for the first reading: Page 2 of 10

3 CONSIDER FIRST READING OF AN ORDINANCE OF THE CITY OF PORT LAVACA, TEXAS, EXTENDING THE HOURS FOR THE SALE OR OFFER FOR SALE OF ALCOHOL BEVERAGES DURING EXTENDED HOURS BY THE HOLDER OF A RETAIL DEALER S ON-PREMISES LATE HOURS LICENSE OR THE HOLDER OF A MIXED BEVERAGE LATE HOURS PERMIT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, OR FOR ANY VIOLATION OF ANY PROVISION OR REGULATION WHICH GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, WHICH SHALL BE PUNISHED BY PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING SEVERABILITY, REPEAL, PUBLICATION CLAUSES AND EFFECTIVE DATE The following citizens expressed their comments: 1) Kevin Levrier 1412 Justice Dr. Port Lavaca 2) Mike Gresham 2217 Vail Dr. Port Lavaca 3) David Chapa 527 Bay Street Port Lavaca 4) Dan Nunley 1693 Sweetwater Road Port Lavaca 5) Judy Torres 516 Bonorden Port Lavaca 6) Russell Cain 2025 Hwy 35 South Port Lavaca 7) Jim Munro 110 Martin Rd Port Lavaca 8) Teri Austin 106 S. Commerce Port Lavaca 9) Chris Wall Chamber of Commerce Port Lavaca 10) Mr. J. T. Kisiah 346 Bay Meadow Drive Port Lavaca 11) Joe Rivera 576 Hackberry Road Port Lavaca Councilman Rivera made a motion BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT LAVACA, TEXAS: THAT said ordinance is hereby approved on this it s first reading. Councilman Ward seconded this motion. Rivera, Falcon, and Ward Felder and Perez Page 3 of 10

4 CONSIDER ACCEPTING TRANSFER OF OWNERSHIP OF THE SOUTHERN PACIFIC RAILROAD TRAIN CABOOSE FROM THE CALHOUN COUNTY HISTORICAL COMMISSION TO THE CITY OF PORT LAVACA City Manager Turner advised that along with the Caboose, the City would also like to have the Train Depot restored to its original state and make it a tourist attraction. Members of the Calhoun County Historical Commission, Phil Thomae, Susan Thomae and Mary Bell Mietzen presented the key to the Caboose to Mayor Whitlow. Councilman Felder made a motion to pass the following: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT LAVACA, TEXAS: THAT, in accordance with recommendation of staff, Council hereby approves accepting transfer of ownership of the Southern Pacific Railroad Train Caboose from the Calhoun County Historical Commission to the City of Port Lavaca. Councilman Ward seconded this motion. CONSIDER REQUEST OF OUR LADY OF THE GULF CATHOLIC CHURCH TO CELEBRATE VIA CRUCES TRANSLATED AS THE WAY OF THE CROSS PARADE MARCH, ON FRIDAY, MARCH 29, 2013 AND WAIVE ANY FEES ASSOCIATED WITH THE EVENT Mr. Louis Bonuz was in attendance and requested that Council allow Our Lady of the Gulf Catholic Church to conduct the annual parade called Via Cruces or Way of the Cross on Friday, March 29, 2013 and outlined the proposed route for the parade. He also asked for assistance with traffic control and waiver of any fees associated with the event. Councilman Ward made a motion THAT Council hereby approves the request of Our Lady of the Gulf Catholic Church to conduct the annual parade called Via Cruces or Way of the Cross on Friday, March 29, 2013 and directs staff to provide any necessary assistance regarding traffic control and safety issues and waives all fees associated with the event. Page 4 of 10

5 Councilman Felder seconded said motion CONSIDER AMENDMENT TO LEASE BETWEEN CITY AND TOWER OF AMERICA, LLLP FOR THE PROPERTY LOCATED AT 628 W. GEORGE STREET Public Works Director Gurley advised Council that Tower of America, LLLP currently has a lease for the property located at 628 W. George that was executed on August 07, He said the amended contract would be for fifty (50) years after the effective date in consideration of a one-time payment in the amount of ninety thousand and no/100 dollars ($90,000.00) rent. He stated the $90, will be used to purchase a playground unit for Wilson Park to help offset the cost to the general fund. Staff recommends approval of the first amendment to Tower of America, LLLP lease dated August 07, Councilman Falcon made a motion to pass the following: 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 first amendment to Tower of America, LLLP lease dated August 07, 2001, to be for fifty (50) years after the effective date in consideration of a one-time payment in the amount of ninety thousand and no/100 dollars ($90,000.00) rent. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute all instruments necessary to effect such agreement. Councilman Ward seconded this motion. Page 5 of 10

6 CONSIDER REPLACEMENT OF UTILITY BILLING S DRIVE-UP SYSTEM Finance Director Jones advised Council the Utility Billing s Drive-Up System needs to be replaced because the system is outdated. She said that repairs last a very short time and technicians have to be called back to do some more work. She stated this project will cost $12, for equipment and installation and was not budgeted; however, will be covered by utility reserves/savings. Staff recommends Council approve replacement of Utility Billing s Drive-Up System for an amount not to exceed $13, Councilman Falcon made a motion to pass the following: 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 replacement of Utility Billing s Drive-Up System for an amount not to exceed $13, Councilman Ward seconded this motion. After some lengthy discussion about adding video to the Utility Billing s Drive-Up System project, consensus was that it would cost more than the recommended $13, and decision was to raise amount not to exceed $25, Councilman Falcon and Councilman Ward advised they would rescind both their motions. Councilman Falcon made a motion THAT, He hereby rescinds the preceding motion of replacement of Utility Billing s Drive-Up System for an amount not to exceed $13, Councilman Ward advised He also rescinded the second to the original motion of replacement of Utility Billing s Drive-Up System for an amount not to exceed $13,000.00; and seconded the motion to rescind. Councilman Falcon made a motion to pass the following: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT LAVACA, TEXAS: Page 6 of 10

7 THAT, in accordance with recommendation of staff, Council hereby approves replacement of Utility Billing s Drive-Up System for an amount not to exceed $25, Councilman Felder seconded this motion. ADJOURN Councilman Ward made a motion to adjourn the meeting Councilman Falcon seconded said motion Meeting adjourned at 7:45 P.M. ATTEST: Mayor City Secretary Page 7 of 10

8 PUBLIC NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF PORT LAVACA, TEXAS, WILL HOLD A REGULAR MEETING MONDAY, MARCH 11, 2013 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 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 COUNCIL UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICTS WITH CHAPTER 551 OF TITLE 5, SECTION (2) OF THE TEXAS GOVERNMENT CODE. (All matters listed under the Consent Agenda item are considered to be 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.) CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE PRESENTATIONS BY THE MAYOR: o EMPLOYEE SERVICE AWARD(S) TONY ATKINSON WASTEWATER DEPARTMENT 25 YEARS COMMENTS FROM THE PUBLIC (Limited to 3 minutes per individual unless permission to speak longer is received in advance) Page 8 of 10

9 AGENDA: (COUNCIL WILL CONSIDER/DISCUSS THE FOLLOWING ITEMS AND TAKE ANY ACTION DEEMED NECESSARY) 1. CONSENT AGENDA: (A) MINUTES OF FEBRUARY 11, 2013 REGULAR MEETING (B) MINUTES OF FEBRUARY 25, 2013 WORKSHOP (C) CONSIDER CONTRACT BETWEEN THE CITY OF PORT LAVACA AND THE CALHOUN COUNTY YMCA FOR OPERATION OF CITY MUNICIPAL POOL (D) PAYMENT OF INVOICES EXCEEDING $1, CONSIDER FIRST READING OF AN ORDINANCE OF THE CITY OF PORT LAVACA, TEXAS, EXTENDING THE HOURS FOR THE SALE OR OFFER FOR SALE OF ALCOHOL BEVERAGES DURING EXTENDED HOURS BY THE HOLDER OF A RETAIL DEALER S ON-PREMISES LATE HOURS LICENSE OR THE HOLDER OF A MIXED BEVERAGE LATE HOURS PERMIT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, OR FOR ANY VIOLATION OF ANY PROVISION OR REGULATION WHICH GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, WHICH SHALL BE PUNISHED BY PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING SEVERABILITY, REPEAL, PUBLICATION CLAUSES AND EFFECTIVE DATE 3. CONSIDER ACCEPTING TRANSFER OF OWNERSHIP OF THE SOUTHERN PACIFIC RAILROAD TRAIN CABOOSE FROM THE CALHOUN COUNTY HISTORICAL COMMISSION TO THE CITY OF PORT LAVACA 4. CONSIDER REQUEST OF OUR LADY OF THE GULF CATHOLIC CHURCH TO CELEBRATE VIA CRUCES TRANSLATED AS THE WAY OF THE CROSS PARADE MARCH, ON FRIDAY, MARCH 29, 2013 AND WAIVE ANY FEES ASSOCIATED WITH THE EVENT 5. CONSIDER AMENDMENT TO LEASE BETWEEN CITY AND TOWER OF AMERICA, LLLP FOR THE PROPERTY LOCATED AT 628 W. GEORGE STREET 6. CONSIDER REPLACEMENT OF UTILITY BILLING S DRIVE-UP SYSTEM ADJOURN Page 9 of 10

10 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, MARCH 11, 2013, BEGINNING AT 6:30 P.M., WAS POSTED AT CITY HALL, EASILY ACCESSIBLE TO THE PUBLIC, AS OF 5:00 P.M. WEDNESDAY, MARCH 06, MANDY GRANT, CITY SECRETARY BY: 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 City Council meetings. To better serve you, requests should be received 24 hours prior to the meetings. Please contact City Secretary Mandy Grant at (361) Ext. 230 for assistance. Page 10 of 10