City Council Regular Meeting

P U B L I C N O T I C E

City of Odessa City Council meetings to be held with Social Distancing guidelines.

In accordance with the Open Meetings Act, Chapter 551 of the Government Code of

Texas, notice is hereby given to all interested persons that the City Council of the City of

Odessa will meet on Tuesday, June 22, 2021 at 6:00 p.m. in the Council Chambers, fifth floor, City Hall, 411 W 8th St. Odessa, Texas for the following purposes:

See attached agenda

This Notice is being posted on the south door of City Hall and on the bulletin board of the first floor of City Hall, Odessa, Texas, this the ______day of June 2021 at

______.m., said time being more than seventy-two hours prior to the time at which the subject meeting will be convened and called to order. The public notice is also posted on the City of Odessa’s website www.odessa-tx.gov

City Council Meetings are available to all persons regardless of disability.

Individuals with disabilities who require special assistance should contact the City

Secretary's Office at 432/335-3276, or 411 West 8th Street, First Floor, Odessa, Texas, during normal business hours at least twenty-four hours (24) in advance of the meeting.

Norma Aguilar-Grimaldo, TRMC, CMC City Secretary

CITY COUNCIL Javier Joven Mark Matta, District 1 Mayor Steven Thompson, District 2 Detra White, District 3 Tom Sprawls, District 4 Michael Marrero Mari Willis, District 5 City Manager Denise Swanner, At-Large

City Council Meeting Agenda City Hall, 411 W. 8th St. City Council Chambers – Fifth Floor

June 22, 2021 6:00 p.m.

I. INVOCATION Pastor Byron McWilliams First Baptist Church

II. PLEDGE OF ALLEGIANCE AND TEXAS PLEDGE Council Member Sprawls Honor the Texas Flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.

III. PROCLAMATIONS, AWARDS AND PRESENTATIONS. Mayor Joven

Any member of the public may address the City Council regarding any of its agenda items before or during the consideration of the item.

IV. CONSENT AGENDA

These items are considered to be routine or have been previously discussed, and can be approved in one motion, unless a Council Member asks for separate consideration of an item.

A. Consider approval of City Council minutes, June 8, 2021. Norma A. Grimaldo

B. Consider approval of City Council Work Session minutes, Norma A. Grimaldo June 15, 2021.

C. Consider approval of the original zoning request by Leeco Energy Randy Brinlee & Investment Inc., owner, for Special Dwelling District (SPD) on a 119.92 acre tract in Section 2, Block 42, T-2-S, T&P RR Co. Survey, City of Odessa, Ector County, Texas (proposed Yukon Ridge, 1st Filing ) northwest of the intersection of E. 61st St. and N. Grandview Ave.) (Ordinance - Second and Final Approval)

D. Consider approval of the request by Leeco Energy and Investment, Randy Brinlee Inc., owner, LCA, agent, for original zoning of Special Dwelling District (SPD) on an 8.06 acre tract located in Section 2, Block 42, T-2-S, T&P RR. Co. Survey, City of Odessa, Ector County, Texas (proposed Desert Ridge, 2nd Filing, Phase 7 Subdivision) (northeast of the intersection of Dawn Ave. and Wrigley Dr.) (Ordinance - Second and Final Approval) Council Agenda June 22, 2021 Page 2

E. Consider approval of the request by Maribel Caballero, applicant, Randy Brinlee to rezone from Special Dwelling District (SPD) to Office (O) of an approx. 0.138 acre tract, being Lot 28, Block 2, Odessa Housing, City of Odessa, Ector County, Texas (northeast of the intersection of Coronado Ave. and W. 8th St.) (Ordinance - Second and Final)

F. Consider changes to modify Sec. 12-2-7 (School Zones) of the City Hal Feldman Code of Ordinances. (Ordinance - Second and Final Approval)

G. Consider an ordinance for a temporary speed limit for a TxDOT Hal Feldman construction project. (Ordinance - Second and Final Approval)

H. Consider a TxDOT agreement for a temporary street closure. Hal Feldman (Resolution)

I. Consider contract renewal for auctioneering services. JoAnn Samaniego

V. OTHER COUNCIL ACTION

1. Consider accepting the 2020 Comprehensive Annual Financial Cindy Muncy Report.

PUBLIC HEARING

2. Open a public hearing to consider approval of the request by Randy Brinlee Permian Basin Womens Resource Center, Inc., Newton Engineering, agent, to rezone from Multi-Family Residence-One (MF-1) to Office (O) of 0.39 acre tract, being Lots 1-3, Block 11A, Herbert & Wight Addition, City of Odessa, Ector County, Texas (northwest of the intersection of N. Sam Houston Ave. and W. 8th St.) (Ordinance - First Approval)

3. Conduct a public hearing and consider the reallocation of $50,000 Merita Sandoval in Community Development Block Grant-Coronavirus Round 1 funds (CDBG-CV1) and $40,000 in Community Development Block Grant-Coronavirus Round 3 funds (CDBG-CV3). (Resolution)

4. Conduct a public hearing and consider the allocation of $842,418 Merita Sandoval in Program Year 2021 Community Development Block Grant funds (CDBG) and $12,044 in unprogrammed CDBG funds and $95,414 in CDBG program income funds. In addition, consider the allocation of $275,124 in 2021 HOME Investment Partnership Program funds. (Resolution)

RESOLUTION

5. Consider the first amended and restated interlocal agreement for Thomas Kerr Wastewater Treatment Services.

6. Consider outside agency requests for funding for FY 2021-22 Cindy Muncy budget.

Council Agenda June 22, 2021 Page 3

7. Consider approval employing the Law Firms of Cotton Bledsoe Council Tighe & Dawson, PC, Brockett & Mcneel LLP, and Keith Stretcher to represent the City of Odessa in the lawsuit with AIM Media LLC d/b/a The Odessa American.

MISCELLANEOUS

8. Appointment of Boards. Council

BOARD NAME APPOINTED APPOINTED BY EXPIRATION DATE

8a. Historic Preservation Commission* Norlene McBride 6-14 & 12-19 Council 04-30-2020 J. Tillapaugh (Historian) 5-96 & 12-19 Council 04-30-2020 Grace King (Landmark owner) 5-96 & 12-19 Council 04-30-2020 *Membership requirements

8b. Midland Odessa Urban Transit District Vacant Council 01-31-2022

8c. PermiaCare MH/MR Board of Trustees Margaret Jones 10-96 & 6-19 Council 6/30/2021

8d. Tax Incentive Committee Kevin Demel (Local Business Rep.) 5-01 & 1-20 Council 3-31-2021

9. Citizen comments on non-agenda items.

10. Adjourn.

COURTESY RULES

Thank you for your presence. The City Council appreciates your interest in Odessa City Government.

PLEASE SILENCE OR TURN OFF ALL MOBILE DEVICES.

If you wish to address the Council, obtain a speaker card just inside the Council Chambers, complete the information requested on the card, and deliver to the City Secretary before the meeting or as soon as you can. Speakers will be heard as the individual item(s) in which they have registered an interest come before the Council.

Your remarks will be limited in duration depending on the number of people wanting to speak on a particular item. PLEASE GIVE YOUR NAME AND ADDRESS FOR THE RECORD. Delay or interruption of the proceedings will not be tolerated.

ASSISTANCE Please call (432) 335-3276 if you need assistance with interpretation or translation for this meeting.

Si usted necesita ayuda con la interpretación o traducción de cualquier material en este sitio o en una reunión pública de la Ciudad de Odessa por favor llame al (432) 335-3276.

Council Agenda June 22, 2021 Page 4

AMERICANS WITH DISABILITIES ACT NOTICE

The City of Odessa wants to ensure that City Council Meetings are accessible to persons with disabilities. If any individual needs special assistance or accommodations in order to attend a City Council meeting, please contact the City Secretary’s Office at (432) 335-3276, in advance so accommodations can be made.

June 18th, 2021

To the Honorable Mayor and City Council:

I would like to note the following items as the more significant, which Council will consider at its upcoming meeting on Tuesday, June 22nd, 2021.

CONSENT AGENDA

H. If approved, this item will authorize an agreement with TxDOT for a temporary street closure on Grant Avenue between 4th and 6th Streets for two events being hosted by Downtown Odessa. The first event is scheduled for July 24th and will be a country music festival. The second event will be on October 2nd and is for a rock concert.

V. OTHER COUNCIL ACTION

1. Council will consider approving and accepting the 2020 Comprehensive Annual Financial Report (CAFR). Weaver will be on hand to make this presentation to Council.

PUBLIC HEARING

3. This public hearing will consider the reallocation of $50,000 in CDBG-Coronavirus Round 1 funds and $40,000 in CDBG-Coronavirus Round 3 funds. These funds were returned by SHARE and Boys and Girls Clubs of the Permian Basin respectively.

4. This public hearing will be to consider the allocation of the 2021 CDBG funding as well as the 2021 HOME Investment Partnership program funds. The U.S. Department of Housing and Urban Development notified the City that they have been allocated $847,418 in program year funds with an addition of $12,044 in unprogrammed funds and $95,414 in CDBG program income funds. The City received $275,124 in HOME funds. Requests have been received from agencies and Council will allocate based off those requests.

RESOLUTION

6. Council will consider outside agency requests received for the FY 2021-22 budget year. Based off of those requests, Council will review and delegate out funding.

Sincerely,

Michael Marrero City Manager CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Norma Grimaldo City Secretary No Work Session? Contacted Legal? Item Type No No Regular

CAPTION Proclamations, Presentations and Awards. SUMMARY Proclamations, Presentations and Awards.

Comments/Other Departments, Boards, Commissions or Agencies

Supporting Documents CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Norma Grimaldo City Secretary No Work Session? Contacted Legal? Item Type No No Consent

CAPTION Consider approval of City Council minutes. SUMMARY City Council minutes June 8, 2021.

Comments/Other Departments, Boards, Commissions or Agencies

Supporting Documents 6-8-21.pdf,

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS

June 8, 2021

On June 8, 2021, a regular meeting of the Odessa City Council was held at 6:00 p.m. in the Council Chambers, 5th floor, City Hall, 411 W. 8th, Odessa, Texas.

City Council present: Mayor Javier Joven; Council members: Mark Matta, District One; Steven P. Thompson, District Two; Detra White, District Three; Tom Sprawls, District Four; Mari Willis, District Five; and Denise Swanner, At-Large.

Others present: Michael Marrero, City Manager; Norma Aguilar-Grimaldo, City Secretary; Natasha Brooks, City Attorney; Phillip Urrutia, Assistant City Manager; Cindy Muncy, Assistant City Manager; and other members of City staff.

A quorum being present, Mayor Joven called the meeting to order, and the following proceedings were held:

The invocation was given by Pastor Jeff Cleere, Chapel Hill Baptist Church, and followed by the Pledge of Allegiance and Texas flags.

CONSENT AGENDA ITEMS

A. City Council minutes, May 25, 2021; B. City Council work session minutes, June 1, 2021; C. Ordinance No. 2021-14 - Request by Sonya A. Wilson, owner, to rezone from Neighborhood Services (NS) to General Residential (GR) on the west 134' of Lot 21, Block 3, Smith Heights, City of Odessa, Ector County, Texas (southeast of the intersection of Murphy St. and Fitch Ave.); D. Ordinance No. 2021-15 - Request by Tania Hospitality Management LLC and Carl Floyd, owners, Maverick Engineering, agent, for original zoning of Light Industrial (LI) on a 17.35 ac. tract in Section 32, Block 42, T-2-S, City of Odessa, Ector County, Texas (northwest of the intersection of Walther Rd. and W. Remington Rd.); E. Resolution No. 2021R-36 - Odessa Fire Rescue to accept and appropriate funds from the Law Enforcement Officer Standards and Education (LEOSE) funds; F. Resolution No. 2021R-37 - Accept and appropriate funds for $105,000 donated to the City of Odessa Police Department from Bustin for Badges function; G. Resolution No. 2021R-38 – Accept JRAC funds for the Odessa Fire Rescue; H. Reject bids for the installation of a new concessions/restroom building at Floyd Gwin Park.

Motion was made by Council member White and seconded by Council member Swanner to approve the consent agenda items. The motion was approved by the following vote:

Council Minutes June 8, 2021 Page 2

Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None

OTHER COUNCIL ACTION

PUBLIC HEARING

Open a public hearing to consider approval of the original zoning request by Leeco Energy & Investment Inc., owner, for Special Dwelling District (SPD) on a 119.92 acre tract in Section 2, Block 42, T-2-S, T&P RR. Co. Survey, City of Odessa, Ector County, Texas (proposed Yukon Ridge, 1st Filing) (northwest of the intersection of E. 61st St. and N. Grandview Ave.) Randy Brinlee, Director of Development Services, reviewed the location for zoning. The purpose was to facilitate 658 residential single-family lots. It would provide for a compatible development to the existing land uses to the area. The Planning and Zoning Commission recommended for approval. No one came forward and the public hearing was closed.

Motion was made by Council member Matta and seconded by Council member Thompson to approve the ordinance on first approval. The motion was approved by the following vote:

Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None

Open a public hearing to consider approval of the request by Leeco Energy and Investment Inc., owner, LCA, agent, for original zoning of Special Dwelling District (SPD) on an 8.06 acre tract located in Section 2, Block 42, T-2-S, T&P RR. Co. Survey, City of Odessa, Ector County, Texas (proposed Desert Ridge, 2nd Filing, Phase 7 Subdivision) (northeast of the intersection of Dawn Ave. and Wrigley Dr.) Mr. Brinlee stated that the protests had concerns of no alleys on the development as it would have a trash roll out. He reviewed the location which was vacant. The purpose was to provide for 60 residential single-family lots. The Planning and Zoning Commission recommended for approval. No one came forward and the public hearing was closed.

Motion was made by Council member Willis and seconded by Council member Sprawls to approve the ordinance on first approval. The motion was approved by the following vote:

Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None

Open a public hearing to consider approval of the request by Maribel Caballero, applicant, to rezone from Special Dwelling District (SPD) to Office (O) of an approx. 0.138 acre tract, being Lot 28, Block 2, Odessa Housing, City of Odessa, Ector County, Texas (northeast of the intersection of Coronado Ave. and W. 8th St.) Mr. Brinlee reviewed the location which was vacant. The purpose was to allow for office use development. A site plan was submitted and there was adequate parking. It would complement the neighborhood. The Planning and Zoning Commission recommended for approval. No one came forward and the public hearing was closed.

Motion was made by Council member Thompson and seconded by Council member Swanner to approve the ordinance on first approval. The motion was approved by the following vote:

Council Minutes June 8, 2021 Page 3

Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None

ORDINANCE

Temporary speed limit for a TxDOT construction project. Hal Feldman, Traffic Engineer, stated that the request was for a temporary speed reduction zone, on Loop 338 and Parkway, from 55 mph to 45 mph. It would be for the construction time of September through November 2021.

Motion was made by Council member Sprawls and seconded by Council member Matta to approve the ordinance on first approval. The motion was approved by the following vote:

Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None

Changes to modify Section 12-2-7 (School Zones) of the City Code of Ordinances. Mr. Feldman stated that the crossing guard company and the City requested school zones changes. He reviewed the following proposed changes: Clover & 52nd - propose to remove the existing school zone and crossing guard; Reagan (in front of school) - propose to install a new school zone on 21st; Grandview & 21st - propose to remove existing school zone; Dixie & 13th - propose to remove the existing school zone and crossing guard; Dixie & Monahans - propose to remove the existing school zone and crossing guard; Lincoln & Clements - propose to remove the existing school zone and crossing guard; and 87th & Rainbow - propose to remove existing school zone. The removals have no children crossing. The proposed school zones would utilize the need of the crossing guard based on activity. The Traffic Advisory Committee recommended the changes.

Motion was made by Council member Swanner and seconded by Council member Willis to approve the ordinance on first approval. The motion was approved by the following vote:

Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None

RESOLUTION

Resolution No. 2021R-39 – Adopt a resolution of the City Council of the City of Odessa, Texas, relating to the giving of notice of intention to issue City of Odessa, Texas Combination Tax and Revenue Certificates of Obligation, Series 2021 for purposes of funding the improvements to the City's existing Water Treatment Plant. Mrs. Muncy stated that the notice was for issuance of the Certificates of Obligation (COs) for funding the Water Treatment Plant for improvements. Several presentations were made with past and current Council. The Council members toured the plant. Council reviewed how to fund in 2020 but paused due to COVID. The Texas Water Development Board was explored but could not fund the project. During meetings in January and March 2021, the financial advisor presented options for funding. Council directed staff to proceed with the Certificates of Obligation funding. The COs have been issued for many years since 1993. It would be a self-supported debt through the Water and Sewer Fund. The Legislature supported the CO’s and prescribed debt for specific designated uses including public works infrastructure. The pledge was to obtain the best interest rate. The water and sewer rate would be increased by 6.43%. The construction would take three years to complete. The Council Minutes June 8, 2021 Page 4 issuance would be on July 27 with the market and selling in late August. The design was 95% complete. Hutch Musallam, Carollo Engineers, explained the final review design being completed in July. It would be sent to TCEQ for review. He reviewed the Water Treatment Plant’s condition assessment with renovations being needed.

James Goates, 20 St. Andrews, thanked the Council for its service and common sense. He stated that the City had a few tools for financing. The COs save the city money, time, and the chance for best interest rates. He stated Council was elected to protect the City and staff has done a good job. The CO’s were a good thing. Tim Harry, 304 E. 89th St., gave kudos to management and staff. He agreed that the plant needed an overhaul. He asked why this was delayed with pet projects. He was part of the water industry and wanted the availability to review the Master Plan. He questioned the target to meet 55 MGD while the current plant treated 50 MGD. He stated that the needs of the city needed to be addressed. He questioned why there was not a citizen committee, out of town consultants and not kept local. Clayton Smith, 3616 Springbrook, had not seen the specs. He objected on the process and disagreed about the comment of citizens not having the management degree. He stated that citizens deserve the opportunity to review, know where funds were going, and vote it down. Peggy Dean, 65 Prestwick, stated that it was critical to secure water for citizens. Paying cash was not an option as most large purchases were financed over time. She stated that it was a complicated issue as several presentations were made with past and current Councils. She stated that Council represented the citizens and have the responsibility to secure the water. If sent to an election, there would need to be a concentrated effort to educate, volunteers to raise funds and launch a campaign as the staff and Council could not be proponents for the project. If it failed, then it was not possible to consider for three years. Wallace Dunn, 1602 Everglade, thanked the City Council. He stated, serving in the military, respect was earned and was discouraged with the disagreement. He stated Council needed to be a team and asked if the water project was an emergency. He stated it was not an emergency as it worked during the February freeze. He asked about the $14 million design and what do the taxpayers receive. He asked that it be put to a vote or would fight against it if it was not placed for a vote. Dean Combs, 3733 Blossom Lane, thanked the Council for service and leadership. He stated that the COs were a funding mechanism to finance infrastructure that encompassed the entire State. He stated that this should not place the City at risk. The City has a A+ rating and received awards. He stated that the voters elected Council to lead, and it was the responsibility to lead. Larry Robinson, 2301 E. 8th St., asked about the surplus of funds. George Williford, Hilltop Security, stated that the CO was supported by utility. Mr. Robinson stated that the total cost per person was $3,000 and believed that this be taken to a vote. He wanted the opportunity to vote as with the COs people were being blind sighted. Jana Smith designated time to Tim Harry. Jeff Russell, 1703 Redbud, asked, as a taxpayer, that the item be tabled for the taxpayer issue funded debt. The COs would be paid by children and grandchildren and the taxpayer deserved the right to be educated on the debt project. He stated that there were no clear plans on the project as the design was not completed. He asked for detailed description, timeline, and the contingencies. The citizens deserve the right, as voters, to vote and there should be education and outreach and the spending should be defined. He stated prior Councils chose other projects such as the animal shelter and convention center. He urged to follow the Mayor’s lead. Ned Luscomb, 12133 E. Hwy 158, Gardendale, has a business in District 2 and knocked on voters’ doors in the 2020 election. He stated that the issue should be taken to the voters and the voters did not appreciate Council’s decision in raising taxes without input. Kris Crow, 2388 Bainbridge, asked to table the vote and educate the citizens on the item, as no townhall meeting has been held on issues. He stated that Council was not elected to make decisions but make voters vote to bring items before Council. He stated that there were many unanswered questions that included if it was an emergency. It should be voted at the May election. He asked to give the voters a chance to Council Minutes June 8, 2021 Page 5 prove if it was better for the city. He had a petition ready to be signed to take to vote. He stated “no tax without vote”. Dawn Tucker, 6209 Mecca, was against the COs. She stated that there was a drop in oil and gas in the city and debt should not be placed on the citizens and elderly. She stated that the Council approved funds for the Ellen Noel Art Museum and spent on other projects but could have been spent on water. She stated that the City had $233 million in debt liabilities. She stated it may cost more money and voters should be able to vote. Chris Gonzales, 901 W. 21st., stated that Council members should not decide but were representatives and the voters should decide their own decision. He stated that Council should not be part of bad business. Jane Smith and Steve Harry designated their time to Tim Harry. Mr. Harry stated as part of the industry it could be done cheaper, better, and faster. He treated water daily in the oil field and could take on the task. He questioned if consideration was given to using the local industry. He asked how much could the City save on insurance overhead as it may be in Council member Thompson’s arena. His company received the City’s insurance contract in December. He stated to consider paying tax abatements or have a public/private partnership. The employment was needed, and the public was encouraged to buy the Basin but the design services were from outside of the city. He stated money needed to flow back through our economy and urged to table the item. A dialogue should be created and a plan laid out to vote upon. Sylvia Sanchez designated the time to Larry Robinson. Mr. Robinson stated there was no transparency as it was not posted properly. It was only posted within the agenda and did not comply with the law. He stated that the surplus debt should be studied and people need water but want to vote. Joline Hawkins chose not to speak. Christian Sanchez, 306 McKnight, understood the COs and it did not stick well with him or others. He stated transparency was the key and people should have the option to vote. He stated that there were excess reserve funds with the Odessa Development Corporation and Pioneer funds. He asked to table the item and put to a citywide vote. He stated that Council was elected to represent and not speak for citizens. Tisha Crow, 2388 Bainbridge, was grateful for Council’s service. She stated that citizens spoke eloquently, from the heart, honest, and forthright. The debt was closer to $130 million, and people were asking for transparency. She implored Council to consider the request, investigate and listen to the people in the city. She asked to step back and not circumvent the will of vote. She stated that the Council was not elected to take debt but run the city and take the issue to vote. Tommy Ervin, 1005 N. Moss and President of Ector County Utility District (ECUD), stated that there were 23,000 West Odessa customers that received city water. He had the knowledge that the plant needed renovating. He stated that the plant would fail. ECUD has a 30-year contract with the City for water and would need more water soon. Council member Swanner asked about the time moved six months. Mr. Musallam stated that the March update moved the schedule for a July design completion date. Updates were made on cost estimates and vendor quotes. The final cost would be known when the bids were received. The City would select a qualified bidder. Tom Kerr, Director of Public Works/Utilities stated that the design was based on estimates. The budget was difficult to estimate as there were high bids in recent projects. Mrs. Muncy stated that the timeline for the issuance was accordance to state law. She reviewed the process. The notice will be posted on the website and newspaper as required. Council member Matta stated that the public opinion spoke volumes and hoped Council would consider. Council member Thompson stated that there were a lot of accusations. He understood that Council met, reviewed items, and made decisions on behalf of constituents. He stated that the community was growing, houses were being built and the water pressure was growing. The project needed to get underway. Council member Sprawls stated it was difficult. He confirmed that the audience in attendance was in favor of building the Water Treatment Plant. The question was the form of government. He heard a pastor speak on electing officials and allow council to make decisions. He understood the passion. ECUD bought water at a cost plus and their rates would be raised without their say as they reside in the county. He stated it was difficult to measure and cared about the discussions. Council Council Minutes June 8, 2021 Page 6 member Willis heard both sides. She spent time, not taken lightly, and wanted to give back to the city. She stated time was taken to make decisions that were not easy. Tours were taken and meetings were held with Council. She stated that Council would not always vote with everyone’s satisfaction but did its best with the information provided. Mayor Joven asked about the principal and interest totaling $133,668,250. Mr. Williford confirmed the amount and the best interest rate would be obtained. Mayor Joven stated it was based on market conditions. Mr. Williford stated that the $131 million would be paid out of water and sewer revenues and it was itemized. Council member Matta asked, with Odessa’s growth, would the added five million gallons a day suffice the growth. Mr. Kerr stated that the capacity was 55 MGD and currently the City reached 36 MGD. The plant capacity projections were beyond 2043.

Motion was made by Council member Willis and seconded by Council member White to approve the resolution. The motion was approved by the following vote:

Aye: Thompson, White, Sprawls, and Willis Nay: Joven, Matta, and Swanner

Resolution No. 2021R-40 – Support the application to TxDOT’s 2021 Transportation Alternatives call for projects. Mr. Feldman stated that an application was submitted for a 2021 Transportation Alternative for non-motorized projects. The project was for a sidewalk on Faudree for the Park Senior Living and required a resolution of support. The project was based on a reimbursement program which the City would pay for the project and be reimbursed minus the 20% local match. The funds would be paid out of the Street Maintenance Fund.

Motion was made by Council member Thompson and seconded by Council member Matta to approve the resolution. The motion was approved by the following vote:

Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None

Resolution No. 2021R-41 – Setting a public hearing on July 13, 2021, at 6:00 p.m. in the Council Chambers, fifth floor, City Hall, 411 W. 8th Street, Odessa, Texas, to consider the imposition of impact fees for the designated Roadway, Water and Wastewater service areas as required by Section 395.047 of the Local Government Code. Mr. Kerr stated that the resolution would set the public hearing on July 13, 2021, at the Council meeting for roadway, water and wastewater impact fees as required by state law. The public hearing would allow for any member of the public to speak for or against the imposition of impact fees.

Motion was made by Council member Swanner and seconded by Council member Willis to approve the resolution. The motion was approved by the following vote:

Aye: Joven, Matta, Thompson, White, Sprawls, Willis and Swanner Nay: None

Resolution No. 2021R-42 – Professional services agreement with Kimley Horn for a Downtown Master Plan update. Mr. Urrutia stated that the professional services agreement with Kimley Horn was to update the Downtown Master Plan. Kimley Horn revised its plan with a reduction of time and cost. The plan would not affect the results of the plan. Meetings would be held virtually. The TIRZ board recommended the revised agreement. Council Minutes June 8, 2021 Page 7

Council member Swanner thanked the board for the research. Council member Matta stated it was a great job in working with Council. Council member Willis stated it was a great example of working together.

Motion was made by Council member Sprawls and seconded by Council member Swanner to approve the resolution. The motion was approved by the following vote:

Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None

MISCELLANEOUS

Consider and discuss the annual review of the Code of Conduct. Mrs. Grimaldo stated that, as required by Ordinance No. 2019-55, the City Council shall annually review the code of conduct. The Council shall consider recommendations and update it, as necessary. After the review, a statement of affirmation shall be signed. Ms. Brooks stated that if Council has reviewed the code of conduct, the statement can be signed and turned in. If there were any suggested changes, it would be brought to the Council for consideration and review.

Appointment of Boards: Historic Preservation Commission and Tax Incentive Committee. No action.

Citizen’s comments on non-agenda items. Council member Thompson clarified that the comment made on the Certificates of Obligation item, with him owning an insurance company was not correct. He has not owned the insurance company for eight years and proper forms were filled out.

Motion was made by Council member Willis and seconded by Council member White to adjourn the meeting. The motion was approved by the following vote:

Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None

The meeting adjourned at 8:06 p.m.

ATTEST: APPROVED:

Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor

CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Norma Grimaldo City Secretary No Work Session? Contacted Legal? Item Type No No Consent

CAPTION Consider approval of City Council Work Session minutes. SUMMARY Consider approval of City Council Work Session minutes, June 15, 2021.

Comments/Other Departments, Boards, Commissions or Agencies

Supporting Documents 6-15-21 Work Session.pdf,

CITY COUNCIL WORK SESSION MINUTES CITY OF ODESSA, TEXAS

June 15, 2021

On June 15, 2021, a work session meeting of the Odessa City Council was held at 3:00 p.m., Council Chamber, City Hall, 411 W. 8th St., Odessa, Texas.

City Council absent: Council member Mari Willis, District Five.

Others present: Michael Marrero, City Manager; Norma Aguilar-Grimaldo, City Secretary; Natasha Brooks, City Attorney; Cindy Muncy, Assistant City Manager; Phillip Urrutia, Assistant City Manager; and other members of City staff.

A quorum being present, Mayor Joven called the meeting to order, and the following proceedings were held:

Council member Thompson gave the invocation.

Resolution No. 2021R-43 – Odessa Development Corporation economic development agreement with Nacero. Mr. Edgmon stated that there were two minor changes that the ODC board approved on the contract. The Legal Department reviewed and Nacero confirmed the changes. An addition was made to Section 4.2, Insurance, to add that the company will hold insurance policies with industry standard. The other change was in Section 4.4 “Terminate” would be replaced with “Suspend” in the section title. The statement will be left as written. It provided the option to suspend or terminate. Motion was made by Council member Thompson and seconded by Council member Swanner to approve the resolution. The motion was approved by the following vote:

Aye: Joven, Matta, Thompson, White, Sprawls, and Swanner Nay: None

Fire Department 2019 CO projects update. John Alvarez, Fire Chief, provided an update on Fire Stations #6 & #9. Fire Station #6 had the platting in process. The construction start date would be July 4 with 365 days for build. Once the pad was built, there would be a groundbreaking. He acknowledged Larry Lee and Mike Withrow for securing the lot. There would be an art piece, as 1% of the budget was required to go to art. The art would commemorate Larry Lee. The cost of the station was $6,767,006 plus other costs included IT, architect, and Newton Engineering. On Fire Station #9, there was progress, but due to the rain there were some delays in construction but no concerns. April 5 was the construction start date and Mary 1, 2022 would be the completion date. The fire trucks and ambulance were ordered. The furnishings were a separate cost. He was working with staff in traffic for signals. Police Department 2019 CO projects update. Mike Gerke, Police Chief, stated that the Animal Shelter had a $10.5 million budget and $390,345 was spent in architect and engineering services. He reviewed the allocated expenses. There was an estimated Council Work Session Minutes June 15, 2021 Page 2

$492,805 remaining in funds. The multi-purpose building had a budget of $3.6 million and $3,286,384 was spent. There was $313,616 of remaining funds. He reviewed the spent allocation of funds. There was a delay with the flooring of building materials. Renew contract for auctioning services. Mr. Urrutia stated that the contract was with Renee Bates for auctioneering services to dispose of City surplus property. Renee Bates would receive 5% commission. The contract has been with Renee Bates since 2007. He checked the buy board and the range for services was 7% to 25% commission. TxDOT agreement for a temporary street closure. Hal Feldman, Traffic Engineer, stated that the temporary street closure was Grant St. from 4th St. to 6th St. Downtown Odessa would have two events, July 24 and October 2, on Grant St. It would provide for street closure for the events. First amended and restated interlocal agreement for wastewater treatment services. Tom Kerr, Director of Public Works/Utilities, introduced Charles Harris with Gulf Coast Authority (GCA). It was proposed to amend the agreement for wastewater treatment services. GCA operated an industrial wastewater facility and provided industrial waste services. A notice of termination was provided on November 12, 2020, with the effective date of December 31, 2021. GCA intended to negotiate and provide services. The contract was beneficial to the City to maintain industrial wastewater services. He reviewed the changes in the agreement including the financial obligation. The term of the amended agreement was December 31, 2022, with two-year renewal not to exceed 50 years. The City paid for flow that GCA treated. It was beneficial for processing the industrial wastewater which was kept out of the City’s wastewater system. Allocation of $842,418 in Program Year 2021 Community Development Block Grant funds (CDBG) and $12,044 in unprogrammed CDBG funds and $95,414 in CDBG program income funds. In addition, consider the allocation of $275,124 in 2021 HOME Investment Partnership Program funds. Merita Sandoval, Director of Community Development, stated that there was $949,876 in CDBG Funds and $275,124 in HOME Funds. There was a total request of $1,196,770.

Reallocation of $50,000 in Community Development Block Grant-Coronavirus Round 1 funds (CDBG-CV1) and $40,000 in Community Development Block Grant-Coronavirus Round 3 funds (CDBG-CV3). Mrs. Sandoval reported that there was a return of Coronavirus funds of $90,000 from the Boys and Girls Club and SHARE. It was recommended to allocate the funds to the rent, mortgage, and utility program. There were people that have not returned applications. Staff was doing its due diligence on verification. Twenty applications were approved that spent $53,000. Seven applications were waiting to be reviewed and there were 300 applications.

Discuss allocation to outside agencies. Mrs. Muncy explained the handout of the FY 22 outside agency application listing. The listing identified funds used, awarded, rolled over, and requested. Most requests were repeats but there were three new organizations that applied. She reviewed the Texas Winter organization. Mrs. Muncy stated that there was a target allocation of $3 million as it has been done the past 25 years. There was $8 million of HOT funds but $24,000 a month was set aside for the hotel. Council member Thompson asked about offsetting funds. Mrs. Muncy stated questions could be asked to the agencies. Zack Beseril, Budget Manger, stated that most of the organizations were expected to spend its funds. Mayor Joven asked about the UTPB athletics. Mr. Beseril stated that contract has been for at least five years. The rollover was due to COVID. Unspent funds would return to the Hotel/Motel Fund. There were different times of reporting that included after the event or quarterly. Council Work Session Minutes June 15, 2021 Page 3

Discuss 2019-20 outside audit. Mrs. Muncy stated that the audit was for FY ending September 30, 2020. The audit was based on the City’s new software system for the first year. The upcoming FY budget will be considered for August 3 and the Council would have its budget book two weeks prior. The Ector County Appraisal District’s final property tax value was due by July 25. David Duree, Weaver Partner, acknowledged City staff’s hard work through COVID and the system change. He reviewed the process with the standards, compliance and grants, and basis of accounting. The audit process was a risk-based approach that used revenue recognition. There was a walk through systems that included disbursements, grants, payroll and purchasing. Testing was done of financial statements using analytics, sampling, and compliance. Meredith McKeehan, Weaver Senior Manager, reported the audit results. The financial statements had an unmodified, clean, opinion. There were no material weaknesses identified or noncompliance material. There were significant deficiencies that were not material weaknesses. The major programs of CARES and FTA EZ Rider had an unmodified opinion with no weaknesses or deficiencies. She stated that the single audit had no internal control, no weaknesses or compliance issues. She highlighted the summary of the auditor’s results.

Mrs. Muncy reviewed the comprehensive annual financial report. She identified the management discussion and analysis financial highlights that showed comparative information. The governmental funds ended with a fund balance of $217.9 million which included capital projects. The analysis showed the changes in net position. Capital assets reflected $20 million increase in government funds and business activities had a $12 million increase. An itemized debt schedule was outlined with a decrease. The City’s rating by Moody’s was “Aa2” and Standard & Poor’s rating was “A+”. Mrs. Muncy reviewed the statement of activities with expenditures and net change in position. The government fund assets were $233 million, liabilities of $11.8 million, and uncollectable of $3.3 million. The budgeted sales tax was ahead by $3 million. There was a slight increase in collections and down in fines and forfeitures due to less transactions. A savings was made due to a hiring freeze and a stop to supplemental projects. She reviewed the Water and Sewer Fund and the proprietary funds. She highlighted significant accounting policies. The City had 60 days for contingency and 25 days for budget stabilization for a total of $24 million. She commented on retirement funds with TMRS, Odessa Firefighters Relief Retirement Fund and the other postemployment benefits (OPEB). The City was required to contribute a rate for TMRS. The City contributed to the Firemen’s pension at 26%. She highlighted the long term debt and Fund Balance. Statistical information was provided by staff that showed a ten-year history.

Discuss Open Meeting training dates. Ms. Brooks stated an Open Meeting training would cover a variety of topics. Possible dates were July 6 and July 8, and it would be a three to four hour comprehensive training. The City boards that were subject to open meetings would be invited to attend the training. Council member Swanner asked that the two Municipal Court Judges be invited. The Council had a consensus for July 6. The meeting would begin at 10 a.m.

Executive Session - Recess for executive session: As authorized by the Texas Government Code, Section 551.071 (Consultation with Attorney), the City Council may adjourn into executive session for proposed contract. Reconvene in open session for possible action. Motion was made by Council member Matta and seconded by Council member Sprawls to go into executive session under 551.071. The motion was approved by the following vote:

Council Work Session Minutes June 15, 2021 Page 4

Aye: Joven, Matta, Thompson, White, Sprawls, and Swanner Nay: None

Motion was made by Council member Sprawls and seconded by Council member White to return from executive session. The motion was approved by the following vote:

Aye: Joven, Matta, Thompson, White, Sprawls, and Swanner Nay: None

Motion was made by Council member Matta and seconded by Council member Swanner to adjourn the meeting. The motion was approved by the following vote:

Aye: Joven, Matta, Thompson, White, Sprawls, and Swanner Nay: None

The meeting adjourned at 5:34 p.m.

ATTEST: APPROVED:

Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor

CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Randy Brinlee Planning & Zoning No Work Session? Contacted Legal? Item Type No Yes Consent Ordinance,

CAPTION Consider approval of the original zoning request by Leeco Energy & Investment Inc., owner, for Special Dwelling District (SPD) on a 119.92 acre tract in Section 2, Block 42, T-2-S, T&P RR Co. Survey, City of Odessa, Ector County, Texas (proposed Yukon Ridge, 1st Filing ) northwest of the intersection of E. 61st St. and N. Grandview Ave.) (Ordinance -- Second and Final Approval) SUMMARY The City Council approved this request on First Reading on June 8, 2021.

The property involved in this request is located northwest of the intersection of E. 61st St. and N. Grandview Ave. The site is currently designated Future Development (FD) and is vacant. Land use in the area consists of vacant land to the north, west and east and residential development to the south.

The applicant is Leeco Energy & Investment, Inc., owner, LCA, agent, and the purpose of the original zoning request of Special Dwelling District (SPD) is to allow for 658 single family residential lots (approx. avg. size between 5,130-5,500 sq. ft.).

The proposed zone request is not contrary to the established land uses in the general area or the land use plan of the City of Odessa's Master Plan and is not out of line and consistent with development in the area. The proposed zoning district will be encircled by existing single-family housing and will facilitate a compatible development to the existing land uses in the area.

The Planning and Zoning Commission gave unanimous approval (5 members present) of this request on May 20, 2021 to Special Dwelling District (SPD).

Comments/Other Departments, Boards, Commissions or Agencies The Planning Staff concurs with the Planning and Zoning Commission recommendation. Supporting Documents 1) Response summary - Leeco (proposed Yukon Ridge).pdf, 2) Response cards - Leeco (proposed Yukon Ridge).pdf, 3) Zoning map - Leeco (proposed Yukon Ridge).pdf, 4) Zoning exhibit - Leeco (proposed Yukon Ridge).pdf, 5) SPD Use LIst - Leeco (proposed Yukon Ridge).pdf, 6) P_Z Com memo - Leeco (proposed Yukon Ridge).pdf, 7) OZ-014 - Leeco (Proposed Yukon Ridge).pdf, SUMMARY OF RESPONSE TO NEIGHBORING PROPERTY OWNERS

Leeco – proposed Yukon Ridge

DATE OF NEWSPAPER PUBLICATION: May 9, 2021

NOTICES MAILED OUT: 9

NOTICES RETURNED: 3

NUMBER OF PROTESTS: 0

NUMBER OF APPROVALS: 1

DOES PROTEST REPRESENT 20% OF THE AREA WITHIN 200 FOOT RADIUS OF THE ZONING REQUEST? NO

*SEE ATTACHED NOTIFICATION MAP FOR APPROVAL AND PROTEST AREAS.

SPECIAL DWELLING

The following uses are allowed in the Special Dwelling (SPD) District:

PRIMARY RESIDENTIAL USES (14-2-2.1)

Single Family Dwelling Detached Single Family Dwelling Attached Two-Family Dwelling (Duplex) Residence Home for the Elderly (by Specific Use Permit) Housing, Special Arrangement and Types

ACCESSORY AND INCIDENTAL USES (14-2-2.2)

Accessory Building or Use (Residential) Beauty Shop -- One Chair Accessory Use (by Specific Use Permit) Garage or Estate Sale Accessory Use Home Occupation Off-Street Parking Required for Primary Use Stable, Private (by Specific Use Permit) Swimming Pool (Private) Temporary Field Office, Construction Yard or Office (Subject to temporary permit issued by Building Official)

UTILITY AND SERVICE USES (14-2-2.3)

Electrical Substation (High Voltage Bulk Power) (by Specific Use Permit) Electrical Transmission Line (High Voltage) (by Specific Use Permit) Fire Station or Similar Public Safety Building Gas Line and/or Regulating Station Library, Public (by Specific Use Permit) Local Utility Line Municipal Office Building or City Hall (by Specific Use Permit) Sewage Pumping Station Storm Water Retention Basin or Pumping Station Telephone Exchange--Switching, Relay or Transmitting Station Only Water Reservoir, Water Well or Pumping Station Water Stand Pipe and Elevated Storage Tank

RECREATIONAL AND ENTERTAINMENT USES (14-2-2.4)

Country Club (Private (by Specific Use Permit) Golf Course (Commercial) (by Specific Use Permit) Park or Playground (Public) Park or Playground (Other Than Public) (by Specific Use Permit) (Special Dwelling -- Cont.) Page 2

(Recreational and Entertainment Uses -- Cont.)

Playfield or Stadium (Public) (by Specific Use Permit) Swim or Tennis Club (by Specific Use Permit) Zoo (Public) (by Specific Use Permit)

EDUCATIONAL, INSTITUTIONAL & SPECIAL USES (714-2-2.5)

Cemetery or Mausoleum (by Specific Use Permit) Church or Rectory College or University (by Specific Use Permit) Community Center (Public) Convent or Monastery (by Specific Use Permit) Day Care Center Home for Senior Citizens or Nursing Home (by Specific Use Permit) Hospital, Acute Care (by Specific Use Permit) Hospital, Chronic Care (by Specific Use Permit) Institution of Religious, Charitable or Philanthropic Nature (bySpecific Use Permit) Kindergarten or Nursery School (by Specific Use Permit) School, Public or Denominational

AUTOMOTIVE & TRANSPORTATION RELATED USES (14-2-2.6)

Railroad Track or Right-of-Way

SIGN AND IDENTIFICATION USES (14-2-2.8) (see Section 14-10-1)

Apartment or Housing Project Identification Sign Apartment or Housing Project Informational Sign Construction Sign Temporary Development Sign Temporary Institutional Identification Sign Institutional Information Sign Name Plate Real Estate Sign (Temporary)

AGRICULTURAL TYPE USES (14-2-2.10)

Farm, Garden or Orchard

(Special Dwelling -- Cont.) Page 3

NATURAL RESOURCE STORAGE AND EXTRACTION (14-2-2.11)

Petroleum or Gas Well (permitted in any district carrying Drill Reservation "DR" suffix subject to Oil and Gas Ordinance)

SPECIAL INDUSTRIAL PROCESSES (14-2-2.12)

Asphalt or Concrete Batching Plant (Temporary) (by Specific Use Permit)

Planning and Zoning Commission memo

DATE OF P&Z MEETING: May 20, 2021

APPLICANT: Leeco Energy & Investment, Inc., owner LCA, consultant

REQUEST: Original zoning of SPD (Special Dwelling District)

PROPERTY INVOLVED: Approx. 119.92 acre tract in Section 2, Block 42, T-2-S, T&P RR Co. Survey, City of Odessa, Ector County, Texas (northwest of the intersection of E. 61st St. and N. Grandview Ave.)

The property involved in this request is located northwest of the intersection of E. 61st St. and Grandview Ave. The site is currently designated Future Development (FD) and is vacant. Land use in the area consists of vacant land to the north, west and east and residential development to the south.

The applicant is Leeco Energy & Investment, Inc, owner, LCA, consultant, and the purpose of the original zoning request of Special Dwelling District (SPD) is to allow for 658 single family residential lots (approx. avg. size between 5,130-5,500 sq. ft.).

Using the City’s identified priorities contained in the City of Odessa’s Comprehensive Plan to evaluate zoning amendments the following comments are offered:

Comprehensiveness: The proposed zone request is not contrary to the established land uses in the general area or the land use plan of the City of Odessa’s Master Plan.

Livability: The proposed zoning would not have a negative impact on this site or surrounding properties. The proposed single-family development is not out of line and consistent with development in the area.

Reasonableness: The proposed zoning district will be encircled by existing single-family housing and will facilitate a compatible development to the existing land uses in the area.

Based upon the preceding analysis, Staff recommends approval of the request.

ORDINANCE NO. 2021-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ODESSA, TEXAS, AMENDING THE ODESSA CITY

CODE CHAPTER 14 “ZONING” ARTICLE 14-1 “GENERAL

PROVISIONS” SECTION 14-1-4 “ZONING DISTRICT

MAP” BY ADDING THE ORIGINAL ZONING

CLASSIFICATION OF SPECIAL DWELLING DISTRICT

(SPD) ON A 119.92 ACRE TRACT IN SECTION 2, BLOCK

42, T-2-S, T&P RR CO. SURVEY, CITY OF ODESSA,

ECTOR COUNTY, TEXAS (PROPOSED YUKON RIDGE,

1ST FILING) (NORTHWEST OF THE INTERSECTION OF

E. 61ST STREET AND N. GRANDVIEW AVENUE);

PROVIDING A PENALTY CLAUSE AND OTHER

APPROPRIATE CLAUSES.

WHEREAS, all legal requirements, including public notice, hearing and recommendation by the Planning and Zoning Commission prerequisite to the amendment contained herein have been complied with and fulfilled; and

WHEREAS, The City Council considers the herein contained amendment to the

Odessa City Code Chapter 14 “Zoning” Article 14-1 “General Provisions” Section 14-1-4

“Zoning District Map” to be in harmony with the general plan of development in the City of

Odessa and consistent with the health, safety and welfare of the inhabitants of the City of

Odessa;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

ODESSA, TEXAS:

Section 1. That the Odessa City Code Chapter 14 “Zoning” Article 14-1 “General

Provisions” Section 14-1-4 “Zoning District Map” is hereby amended by granting the original

LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-6 Original Zoning\OZ-014 - Leeco (Proposed Yukon Ridge) Page 1 of 3 zoning classification of Special Dwelling District (SPD) on a 119.92 acre tract in Section 2,

Block 42, T-2-S, T&P RR Co. Survey, City of Odessa, Ector County, Texas (proposed Yukon

Ridge, 1st Filing) as shown on the attached Exhibit “A”. This site is located northwest of the intersection of E. 61st Street and N. Grandview Avenue. These changes shall be shown on the

official zoning district map of the City of Odessa and elsewhere as provided by ordinance.

Section 2. That should any section, clause or provision of this ordinance be

declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity

of this ordinance or any other ordinance of the city as a whole or any part thereof, other than

the part so declared to be invalid.

Section 3. That any person violating the provisions of this ordinance shall be

deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $2000.00 as

provided by City Code Section 1-1-9 “General Penalty,” which section is adopted by reference

and made a part hereof.

Section 4. That the caption and penalty clause of this ordinance shall be published

in a newspaper of general circulation in the city of Odessa, as provided by City Charter section

65.

Section 5. That this ordinance shall go into effect five (5) days after its publication

following adoption on second approval as provided by City Charter section 65.

The foregoing ordinance was first approved on the 8th day of June, A.D., 2021, by the following vote:

Mark Matta AYE Steven P. Thompson AYE Detra White AYE Tom Sprawls AYE Mari Willis AYE Denise Swanner AYE Javier Joven AYE

LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-6 Original Zoning\OZ-014 - Leeco (Proposed Yukon Ridge) Page 2 of 3 The foregoing ordinance was adopted on second and final approval on the 22nd day of

June, A.D., 2021, by the following vote:

Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___

Approved this the 22nd day of June, A.D., 2021.

Javier Joven, Mayor

ATTEST:

Norma Aguilar-Grimaldo, City Secretary

APPROVED AS TO FORM:

Natasha Brooks, City Attorney

LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-6 Original Zoning\OZ-014 - Leeco (Proposed Yukon Ridge) Page 3 of 3 ORDINANCE NO. 2021-__ EXHIBIT "A" PAGE 1 OF 4 ORDINANCE NO. 2021-__ EXHIBIT "A" PAGE 2 OF 4 ORDINANCE NO. 2021-__ EXHIBIT "A" PAGE 3 OF 4 ORDINANCE NO. 2021-__ EXHIBIT "A" PAGE 4 OF 4 CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Randy Brinlee Planning & Zoning No Work Session? Contacted Legal? Item Type No Yes Consent Ordinance,

CAPTION Consider approval of the request by Leeco Energy and Investment, Inc., owner, LCA, agent, for original zoning of Special Dwelling District (SPD) on an 8.06 acre tract located in Section 2, Block 42, T-2-S, T&P RR. Co. Survey, City of Odessa, Ector County, Texas (proposed Desert Ridge, 2nd Filing, Phase 7 Subdivision) (northeast of the intersection of Dawn Ave. and Wrigley Dr.) (Ordinance -- Second and Final Approval) SUMMARY The City Council approved this request on First Reading on June 8, 2021.

The property involved in this request is located northeast of the intersection of Dawn Ave. and Wrigley Dr. The site is currently designated Future Development (FD) and is vacant. Land use in the area consists of single-family residential development and vacant land.

The applicant is Leeco Energy and Investment, Inc., owner, LCA, agent, and the purpose of the original zoning request is to accommodate 60 lots (approx. 6,000-7,500 sq. ft.) for single-family residential development.

A Special Dwelling District (SPD) zoning would be a continuation of existing zoning in the area, would not be out of line with the City of Odessa's Comprehensive Master Plan and is consistent with the identified City priority of "vibrant new neighborhoods" and a "diverse range of housing," The proposed development is intended to be a quality new neighborhood that will maintain its long-term value through the attention to design and neighborhood amenities, which is consistent with the City's priority for a high quality of life for its residents.

The Planning and Zoning Commission gave unanimous approval (5 members present) of this request on May 20, 2021 to Special Dwelling District (SPD).

Comments/Other Departments, Boards, Commissions or Agencies The Plannign Staff concurs with the Planning and Zoning Commission recommendation. Supporting Documents 1) Response summary - Leeco (proposed Desert Ridge).pdf, 2) Response cards - Leeco (proposed Desert Ridge).pdf, 3) Zoning map - Leeco (proposed Desert Ridge).pdf, 4) Zoning exhibit - Leeco (proposed Desert Ridge).pdf, 5) SPD Use List - Leeco (proposed Desert Ridge).pdf, 6) P_Z Com memo - Leeco (proposed Desert Ridge).pdf, 7) OZ-013 - Leeco (Proposed Desert Ridge).pdf, SUMMARY OF RESPONSE TO NEIGHBORING PROPERTY OWNERS

Leeco –proposed Desert Ridge

DATE OF NEWSPAPER PUBLICATION: May 9, 2021

NOTICES MAILED OUT: 5

NOTICES RETURNED: 0

NUMBER OF PROTESTS: 2

NUMBER OF APPROVALS: 0

DOES PROTEST REPRESENT 20% OF THE AREA WITHIN 200 FOOT RADIUS OF THE ZONING REQUEST? NO.

*SEE ATTACHED NOTIFICATION MAP FOR APPROVAL AND PROTEST AREAS.

SPECIAL DWELLING

The following uses are allowed in the Special Dwelling (SPD) District:

PRIMARY RESIDENTIAL USES (14-2-2.1)

Single Family Dwelling Detached Single Family Dwelling Attached Two-Family Dwelling (Duplex) Residence Home for the Elderly (by Specific Use Permit) Housing, Special Arrangement and Types

ACCESSORY AND INCIDENTAL USES (14-2-2.2)

UTILITY AND SERVICE USES (14-2-2.3)

RECREATIONAL AND ENTERTAINMENT USES (14-2-2.4)

(Recreational and Entertainment Uses -- Cont.)

Playfield or Stadium (Public) (by Specific Use Permit) Swim or Tennis Club (by Specific Use Permit) Zoo (Public) (by Specific Use Permit)

EDUCATIONAL, INSTITUTIONAL & SPECIAL USES (714-2-2.5)

AUTOMOTIVE & TRANSPORTATION RELATED USES (14-2-2.6)

Railroad Track or Right-of-Way

SIGN AND IDENTIFICATION USES (14-2-2.8) (see Section 14-10-1)

AGRICULTURAL TYPE USES (14-2-2.10)

Farm, Garden or Orchard

(Special Dwelling -- Cont.) Page 3

NATURAL RESOURCE STORAGE AND EXTRACTION (14-2-2.11)

Petroleum or Gas Well (permitted in any district carrying Drill Reservation "DR" suffix subject to Oil and Gas Ordinance)

SPECIAL INDUSTRIAL PROCESSES (14-2-2.12)

Asphalt or Concrete Batching Plant (Temporary) (by Specific Use Permit)

Planning and Zoning Commission memo

DATE OF P&Z MEETING: May 20, 2021

APPLICANT: Leeco Energy and Investment, Inc., owner LCA, agent

REQUEST: Original zoning of Special Dwelling District (SPD)

PROPERTY INVOLVED: 8.06 acre tract located in Section 2, Block 42, T-2-S, T&P RR. Co. Survey, City of Odessa, Ector County, Texas (proposed Desert Ridge, 2nd Filing, Phase 7 (northeast of the intersection of Dawn Ave. and Wrigley Dr.)

Using the City’s identified priorities contained in the City of Odessa’s Comprehensive Plan to evaluate zoning amendments the following comments are offered:

Consistency: A Special Dwelling District (SPD) zoning would be a continuation of existing zoning in the area and would not be out of line with the City of Odessa’s Comprehensive Master Plan.

Land Use/Housing: The proposed land use for this area is consistent with the identified City priority of “vibrant new neighborhoods” and a “diverse range of housing.”

Livability: The proposed development is intended to be a quality new neighborhood that will maintain its long-term value through the attention to design and neighborhood amenities, which is consistent with the City’s priority for a high quality of life for its residents.

Based upon the preceding analysis, Staff recommends approval of this request.

ORDINANCE NO. 2021-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ODESSA, TEXAS, AMENDING THE ODESSA CITY

CODE CHAPTER 14 “ZONING” ARTICLE 14-1 “GENERAL

PROVISIONS” SECTION 14-1-4 “ZONING DISTRICT

MAP” BY ADDING THE ORIGINAL ZONING

CLASSIFICATION OF SPECIAL DWELLING DISTRICT

(SPD) ON AN 8.06 ACRE TRACT LOCATED IN SECTION

2, BLOCK 42, T-2-S, T&P RR. CO. SURVEY, CITY OF

ODESSA, ECTOR COUNTY, TEXAS (PROPOSED

DESERT RIDGE, 2ND FILING, PHASE 7 SUBDIVISION)

(NORTHEAST OF THE INTERSECTION OF DAWN

AVENUE AND WRIGLEY DRIVE); PROVIDING A

PENALTY CLAUSE AND OTHER APPROPRIATE

CLAUSES.

WHEREAS, The City Council considers the herein contained amendment to the

Odessa City Code Chapter 14 “Zoning” Article 14-1 “General Provisions” Section 14-1-4

“Zoning District Map” to be in harmony with the general plan of development in the City of

Odessa and consistent with the health, safety and welfare of the inhabitants of the City of

Odessa;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

ODESSA, TEXAS:

Section 1. That the Odessa City Code Chapter 14 “Zoning” Article 14-1 “General

Provisions” Section 14-1-4 “Zoning District Map” is hereby amended by granting the original

LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-6 Original Zoning\OZ-014 - Leeco (Proposed Desert Ridge) Page 1 of 3 zoning classification of Special Dwelling District (SPD) on an 8.06 acre tract located in Section

2, Block 42, T-2-S, T&P RR. Co. Survey, City of Odessa, Ector County, Texas (proposed Desert

Ridge, 2nd Filing, Phase 7 Subdivision) as shown on the attached Exhibit “A”. This site is located northeast of the intersection of Dawn Avenue and Wrigley Drive. These changes shall be shown on the official zoning district map of the City of Odessa and elsewhere as provided by ordinance.

Section 2. That should any section, clause or provision of this ordinance be

declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity

of this ordinance or any other ordinance of the city as a whole or any part thereof, other than

the part so declared to be invalid.

Section 3. That any person violating the provisions of this ordinance shall be

deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $2000.00 as

provided by City Code Section 1-1-9 “General Penalty,” which section is adopted by reference

and made a part hereof.

Section 4. That the caption and penalty clause of this ordinance shall be published

in a newspaper of general circulation in the city of Odessa, as provided by City Charter section

65.

Section 5. That this ordinance shall go into effect five (5) days after its publication

following adoption on second approval as provided by City Charter section 65.

The foregoing ordinance was first approved on the 8th day of June, A.D., 2021, by the following vote:

Mark Matta AYE Steven P. Thompson AYE Detra White AYE Tom Sprawls AYE Mari Willis AYE Denise Swanner AYE Javier Joven AYE

LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-6 Original Zoning\OZ-014 - Leeco (Proposed Desert Ridge) Page 2 of 3 The foregoing ordinance was adopted on second and final approval on the 22nd day of

June, A.D., 2021, by the following vote:

Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___

Approved this the 22nd day of June, A.D., 2021.

Javier Joven, Mayor

ATTEST:

Norma Aguilar-Grimaldo, City Secretary

APPROVED AS TO FORM:

Natasha Brooks, City Attorney

LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-6 Original Zoning\OZ-014 - Leeco (Proposed Desert Ridge) Page 3 of 3 ORDINANCE NO. 2021-__ EXHIBIT "A" PAGE 1 OF 3 ORDINANCE NO. 2021-__ EXHIBIT "A" PAGE 2 OF 3 ORDINANCE NO. 2021-__ EXHIBIT "A" PAGE 3 OF 3 CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Randy Brinlee Planning & Zoning No Work Session? Contacted Legal? Item Type No Yes Consent Ordinance,

CAPTION Consider approval of the request by Maribel Caballero, applicant, to rezone from Special Dwelling District (SPD) to Office (O) of an approx. 0.138 acre tract, being Lot 28, Block 2, Odessa Housing, City of Odessa, Ector County, Texas (northeast of the intersection of Coronado Ave. and W. 8th St.) (Ordinance - Second and Final) SUMMARY The City Council approved this request on First Reading on June 8, 2021.

The property involved in this request is located northeast of the intersection of Coronado Ave. and W. 8th St. The site is currently zoned Special Dwelling District (SPD) and is vacant. Land use in the area consists of single-family residential development, apartments, a daycare and vacant land.

The applicant is Maribel Caballero, and the purpose of the rezone request is to facilitate office use development on the property.

The subject area is located in an established residential area of the City of Odessa. While the rezone request is considered standalone it is on a corner lot facing a main thoroughfare (8th St.) and will facilitate development of a facility providing services to the adjacent residential development. The applicant has submitted a proposed site plan that will allow adequate parking and access to the location and minimize any impact to adjacent properties. The proposed zone change would be a good compliment to the neighborhood and provide a service to the neighboring residents.

The Planning and Zoning Commission gave unanimous approval (4 members present) of this request on May 20, 2021 to Office (O).

Comments/Other Departments, Boards, Commissions or Agencies The Planning Staff concurs with the Planning and Zoning Commission recommendation. Supporting Documents 1) Response summary - Maribel Caballero.pdf, 2) Response cards - Maribel Caballero.pdf, 3) Zoning map - Maribel Caballero.pdf, 4) Proposed site plan - Maribel Caballero.pdf, 5) Office Use List - Maribel Caballero.pdf, 6) P_Z Com memo - Maribel Caballero.pdf, 7) RZ-012 - Maribel Caballero.pdf, SUMMARY OF RESPONSE TO NEIGHBORING PROPERTY OWNERS

Maribel Caballero

DATE OF NEWSPAPER PUBLICATION: May 9, 2021

NOTICES MAILED OUT: 7

NOTICES RETURNED: 0

NUMBER OF PROTESTS: 1

NUMBER OF APPROVALS: 3

DOES PROTEST REPRESENT 20% OF THE AREA WITHIN 200 FOOT RADIUS OF THE ZONING REQUEST? NO

*SEE ATTACHED NOTIFICATION MAP FOR APPROVAL AND PROTEST AREAS.

OFFICE

The following uses are allowed in the Office (O) District:

PRIMARY RESIDENTIAL USES (14-2-2.1)

Single Family Dwelling Detached Single Family Dwelling Attached Two Family Dwelling (Duplex) Three or Four Family Dwelling Multiple-Family Dwelling (Apartment) Residence Home for the Elderly Hotel or Motel

ACCESSORY AND INCIDENTAL USES (14-2-2.2)

Accessory Building or Use (Residential) Accessory Building or Use (Business or Industry) Beauty Shop -- One Chair Accessory Use Garage or Estate Sale Accessory Use Home Occupation Off-Street Parking Required for Primary Use Off-Street Parking Excess to Minimum Requirement Swimming Pool (Private) Temporary Field Office, Construction Yard or Office (Subject to temporary permit issued by Building Official)

UTILITY AND SERVICE USES (14-2-2.3)

Electrical Substation (High Voltage Bulk Power) Electrical Transmission Line (High Voltage) Fire Station or Similar Public Safety Building Gas Line and/or Regulating Station Library, Public Local Utility Line Municipal Office Building or City Hall Public Building, Shop or Yard of Local, State or Federal Agency Wireless Communications Systems (by Specific Use Permit) Radio or Television Transmitting Station Sewage Pumping Station Storm Water Retention Basin or Pumping Station Telephone Business Office Telephone Exchange--Switching, Relay or Transmitting Station Only Water Reservoir, Water Well or Pumping Station Water Stand Pipe and Elevated Storage Tank Water Treatment Plant (by Specific Use Permit)

(Office -- Cont.) Page 2

RECREATIONAL AND ENTERTAINMENT USES (14-2-2.4)

Country Club (Private) Golf Course (Commercial) (by Specific Use Permit) Park or Playground (Public) Park or Playground (Other Than Public) (by Specific Use Permit) Private Club (by Specific Use Permit) Swim or Tennis Club (by Specific Use Permit) Swimming Pool or Tennis Complex (Commercial) (by Specific Use Permit) Theater or Playhouse (Indoor)

EDUCATIONAL, INSTITUTIONAL & SPECIAL USES (14-2-2.5)

Art Gallery or Museum Cemetery or Mausoleum (by Specific Use Permit) Church or Rectory College or University Convent or Monastery Day Care Center Fraternal Club or Lodge (by Specific Use Permit) Home for Senior Citizens or Nursing Home Hospital, Acute Care Hospital, Chronic Care Institution or Center for Alcoholic, Narcotic or Psychiatric Patients Institution of Religious, Charitable of Philanthropic Nature Institutional Out-Patient Medical Clinic Kindergarten or Nursery School School, Business School, Public or Denominational

AUTOMOTIVE & TRANSPORTATION RELATED USES (14-2-2.6)

Heliport (by Specific Use Permit) Helistop (by Specific Use Permit) Parking Lot or Structure Commercial (Primary Use) (by Specific Use Permit) Parking Lot or Structure Non-Commercial Railroad Track or Right-of-Way

RETAIL AND SERVICE TYPE USES (14-2-2.7)

Bank or Savings and Loan Office Book or Stationery Shop Clinic, Medical or Dental Custom Personal Service Shop (by Specific Use Permit) (Office -- Cont.) Page 3

(Retail and Service Type Uses -- Cont.)

Incidental or Accessory Retail or Service Use Laboratory, Medical or Dental Mortuary or Funeral Home Office, General Business or Professional Reprographic Service Restaurant or Cafeteria (Not Drive-In) (With Dining Room) (by Specific Use Permit) Studio -- Decorator, Artist or Photographer Studio, Health, Exercise and Reducing Studio, -- Music, Dance or Drama Travel Bureau or Travel Consultant Veterinarian Office Only (No Animal Pens)

SIGN AND IDENTIFICATION USES (14-2-2.8) (see Section 14-10-1)

Apartment or Housing Project Identification Sign Apartment or Housing Project Informational Sign Construction Sign Temporary Development Sign Temporary General Business Sign Institutional Identification Sign Institutional Information Sign Name Plate Office Identification Sign Real Estate Sign (Temporary)

COMMERCIAL TYPE USES (14-2-2.9)

Laboratory, Scientific or Research

NATURAL RESOURCE STORAGE AND EXTRACTION (14-2-2.11)

Petroleum or Gas Well (permitted in any district carrying Drill Reservation "DR" suffix subject to Oil and Gas Ordinance)

SPECIAL INDUSTRIAL PROCESSES (14-2-2.12)

Asphalt or Concrete Batching Plant (Temporary) (by Specific Use Permit)

Planning and Zoning Commission Memo

DATE OF P&Z MEETING: May 20, 2021

APPLICANT: Maribel Caballero

REQUEST: Rezone from Special Dwelling District (SPD) to Office (O)

PROPERTY INVOLVED: An approx. 0.138 acre tract, being Lot 28, Block 2, Odessa Housing, City of Odessa, Ector County, Texas (northeast of the intersection of Coronado Ave. and W. 8th St.)

The applicant is Maribel Caballero, and the purpose of the rezone request is to construct an office check cashing/bill pay service.

Using the City’s identified priorities contained in the City of Odessa’s Comprehensive Plan to evaluate zoning amendments the following comments are offered:

Comprehensiveness: The subject area is located in an established area of the City of Odessa. While the rezone request is considered standalone it is on a corner lot facing a main thoroughfare (8th St.)

Livability: The proposed zoning would not have a negative impact on this site or surrounding properties.

Reasonableness: The applicant has submitted a site plan to show adequate parking and access to the location. The proposed zone change would be a good compliment to the neighborhood and provide a service to the neighboring residents.

ORDINANCE NO. 2021-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ODESSA, TEXAS, AMENDING THE ODESSA CITY

CODE CHAPTER 14 “ZONING” ARTICLE 14-1 “GENERAL

PROVISIONS” SECTION 14-1-4 “ZONING DISTRICT

MAP” BY CHANGING THE ZONING CLASSIFICATION

FROM SPECIAL DWELLING DISTRICT (SPD) TO OFFICE

(O) OF AN APPROXIMATELY 0.138 ACRE TRACT, BEING

LOT 28, BLOCK 2, ODESSA HOUSING, CITY OF

ODESSA, ECTOR COUNTY, TEXAS (NORTHEAST OF

THE INTERSECTION OF CORONADO AVENUE AND W.

8TH STREET); PROVIDING A PENALTY CLAUSE AND

OTHER APPROPRIATE CLAUSES.

WHEREAS, The City Council considers the herein contained amendment to the

Odessa City Code Chapter 14 “Zoning” Article 14-1 “General Provisions” Section 14-1-4

“Zoning District Map” to be in harmony with the general plan of development in the City of

Odessa and consistent with the health, safety and welfare of the inhabitants of the City of

Odessa;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

ODESSA, TEXAS:

Section 1. That the Odessa City Code Chapter 14 “Zoning” Article 14-1 “General

Provisions” Section 14-1-4 “Zoning District Map” is hereby amended by changing the original

zoning classification from Special Dwelling District (SPD) to Office (O) of an approx. 0.138 acre

LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-19 Rezone\RZ-012 - Maribel Caballero Page 1 of 3 tract, being Lot 28, Block 2, ODESSA HOUSING, City of Odessa, Ector County, Texas, as shown on the attached Exhibit “A.” This land is located northeast of the intersection of Coronado

Avenue and W. 8th Street. This change shall be shown on the official zoning district map of the

City of Odessa and elsewhere as provided by ordinance.

Section 2. That should any section, clause or provision of this ordinance be

declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity

of this ordinance or any other ordinance of the city as a whole or any part thereof, other than

the part so declared to be invalid.

Section 3. That any person violating the provisions of this ordinance shall be

deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $2000.00 as

provided by City Code Section 1-1-9 “General Penalty,” which section is adopted by reference

and made a part hereof.

Section 4. That the caption and penalty clause of this ordinance shall be published

in a newspaper of general circulation in the city of Odessa, as provided by City Charter section

65.

Section 5. That this ordinance shall go into effect five (5) days after its publication

following adoption on second approval as provided by City Charter section 65.

The foregoing ordinance was first approved on the 8th day of June, A.D., 2021, by the following vote:

Mark Matta AYE Steven P. Thompson AYE Detra White AYE Tom Sprawls AYE Mari Willis AYE Denise Swanner AYE Javier Joven AYE

LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-19 Rezone\RZ-012 - Maribel Caballero Page 2 of 3 The foregoing ordinance was adopted on second and final approval on the 22nd day of

June, A.D., 2021, by the following vote:

Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___

Approved this the 22nd day of June, A.D., 2021.

Javier Joven, Mayor

ATTEST:

Norma Aguilar-Grimaldo, City Secretary

APPROVED AS TO FORM:

Natasha Brooks, City Attorney

LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-19 Rezone\RZ-012 - Maribel Caballero Page 3 of 3 ORDINANCE NO. 2021-__ EXHIBIT "A" CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Hal Feldman Traffic Engineering No Work Session? Contacted Legal? Item Type No Yes Consent Ordinance,

CAPTION Consider changes to modify Sec. 12-2-7 (School Zones) of the City Code of Ordinances. (Ordinance - Second and Final Approval) SUMMARY School Zones

1. Clover & 52nd - Propose to remove the existing school zone and crossing guard

2. Reagan (in front of school) - Propose to install a new school zone on 21st

3. Grandview & 21st - Propose to remove existing school zone

4. Dixie & 13th - Propose to remove the existing school zone and crossing guard

5. Dixie & Monahans - Propose to remove the existing school zone and crossing guard

6. Lincoln & Clements - Propose to remove the existing school zone and crossing guard

7. 87th & Rainbow - Propose to remove existing school zone

Comments/Other Departments, Boards, Commissions or Agencies The Traffic Advisory Committee reviewed and approved these changes on May 19, 2021. Supporting Documents 5o-034 Amend 12-2-7 School Zones.pdf, Exhibits.pdf, Request spreadsheet.pdf, ORDINANCE NO. 2021-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ODESSA, TEXAS, AMENDING THE ODESSA CITY

CODE CHAPTER 12 “TRAFFIC AND VEHICLES”

ARTICLE 12-2 “OPERATION OF VEHICLES” SECTION

12-2-7 “SCHOOL ZONES”; PROVIDING A PENALTY

CLAUSE AND OTHER APPROPRIATE CLAUSES.

WHEREAS, Traffic Engineering investigations by the City of Odessa have revealed that it would materially contribute to traffic safety to make the hereinafter described amendments.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF

ODESSA, TEXAS

Section 1. That the Odessa City Code Chapter 12 “Traffic and Vehicles,” Article 12-

2 “Operation Of Vehicles” Section 12-2-7 “School Zones” is hereby amended by deleting and adding the following:

Sec. 12-2-7 School zones

Pursuant to city code section 12-1-3(a), the following is a list of all school zones found within the city limits. Any portion of a street or highway signalized, marked, and signposted by the traffic engineering division as a school zone, during the time specified on the signs or when beacons are flashing, shall have a speed limit of twenty (20) miles per hour, except as otherwise indicated:

ADDING:

21st Street. On 21st Street beginning at the alley east of Redbud Avenue and extending east to the alley west of Grandview Avenue.

DELETING:

52nd Street. On 52nd Street beginning at a point 215 feet west of the west curbline of Clover Avenue and extending east for a distance of 410 feet.

87th Street. On 87th Street beginning at the east curbline of Cornell Avenue and extending east for a distance of 590 feet to the west curbline of West Harvard Circle. (30 mph)

Clements Street. On Clements Street beginning at a point 165 feet east of the east curbline of Lincoln Avenue and extending west for a distance of 370 feet to a point approximately 165 feet west of the west curbline of Lincoln Avenue.

CB: Ordinances\5o-34 Amend 12-2-7 School Zones Page 1 of 3 Dixie Boulevard. On Dixie Boulevard beginning at the alley 175 feet south of 13th Street and extending north for a distance of 410 feet to the alley north of 13th Street. (25 mph)

Dixie Boulevard. On Dixie Boulevard beginning at a point 28 feet north of the north curbline of Snyder Street and extending north for a distance of 460 feet.

Grandview Avenue. On Grandview Avenue beginning 300 feet north of the north curbline of 21st Street and extending south for a distance of 501 feet. (25 mph)

Section 2. That should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so declared to be invalid.

Section 3. That any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $200.00 as provided in Section 1-1-9, “General Penalty”, Odessa City Code, which section is adopted by reference and made a part hereof.

Section 4. That the caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the city of Odessa as provided by City Charter section

65.

Section 5. That this ordinance shall go into effect five (5) days after its publication following adoption on second approval as provided by City Charter section 65.

The foregoing ordinance was first approved on the 8th day of June, A.D., 2021, by the following vote:

Mark Matta AYE Steven P. Thompson AYE Detra White AYE Tom Sprawls AYE Mari Willis AYE Denise Swanner AYE Javier Joven AYE

CB: Ordinances\5o-34 Amend 12-2-7 School Zones Page 2 of 3 The foregoing ordinance was adopted on second and final approval on the 22nd day of

June, A.D., 2021, by the following vote:

Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___

Approved this the 22nd day of June, A.D., 2020.

Javier Joven, Mayor

ATTEST:

Norma Aguilar-Grimaldo, City Secretary

APPROVED AS TO FORM:

Natasha Brooks, City Attorney

CB: Ordinances\5o-34 Amend 12-2-7 School Zones Page 3 of 3 CLOVER/52ND PROPOSED REMOVAL OF SCHOOL ZONE AND CROSSING GUARD

N Everglade Ave E 51st St E 52nd St E 53rd St SCHOOL ZONE

Clover Ave AND CROSSING GUARD REMOVE SCHOOL ZONE

Locust Ave

AGENDA ITEM # 1 E 51st St E 52nd St E 53rd St

REAGAN ELEMENTARY CONSIDER SCHOOL ZONE E 21st St 21st E

Redbud Ave Redbud Ave ELEMENTARY REAGAN INSTALL SCHOOL ZONE REMOVE SCHOOL ZONE

Nimitz Dr

SCHOOL ZONE N Grandview Ave

Fargo Ave E 24th St 24th E

E 21st St AGENDA ITEM # 2

GRANDVIEW/21ST CONSIDER SCHOOL ZONE E 21st St 21st E

Redbud Ave Redbud Ave ELEMENTARY REAGAN INSTALL SCHOOL ZONE REMOVE SCHOOL ZONE

Nimitz Dr

SCHOOL ZONE N Grandview Ave

Fargo Ave E 24th St 24th E AGENDA ITEM # 3

E 21st St DIXIE/13TH CONSIDER SCHOOL ZONE & CROSSING GUARD E 13th St

REMOVE SCHOOL ZONE N Dixie Blvd N Dixie Blvd & CROSSING GUARD E 12th St Wilshire Dr AGENDA ITEM # 4 Honeysuckle St

Honeysuckle St REMOVE SCHOOLZONE & CROSSINGGUARD

E Monahans St

Snyder St S DixieBlvd

Snyder St

DIXIE/MONAHANS CONSIDER SCHOOL ZONE & CROSSING GUARD AGENDA ITEM # 5 LINCOLN/CLEMENTS CONSIDER SCHOOL ZONE & CROSSING GUARD S Sam Houston Ave

REMOVE SCHOOL ZONE & CROSSING GUARD

S Lincoln Ave

Schell St

W Clements St AGENDA ITEM # 6

S Lee Ave 87TH/RAINBOW CONSIDER SCHOOL ZONE

E 87th St

Cornell Ave Cornell Ave

SCHOOL ZONE

Rainbow Dr Duke Ave

W Harvard Cir Harvard Cir

AGENDA ITEM # 7 E Harvard Cir

CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Hal Feldman Traffic Engineering No Work Session? Contacted Legal? Item Type No Yes Consent Ordinance,

CAPTION Consider an ordinance for a temporary speed limit for a TxDOT construction project. (Ordinance - Second and Final Approval) SUMMARY TxDOT is planning on constructing a traffic signal at the intersection of North Loop 338 and JBS Parkway. The project is scheduled to begin construction in September 2021 and be completed in November 2021. Since JBS Parkway is a City owned roadway, TxDOT is asking for the City to initiate a temporary Construction speed limit during the project.

The limits of the construction zone on JBS Parkway will be from Loop 338 and extending south for 1,200 feet. The speed limit will be reduced from 55 mph to 45 mph.

The temporary construction speed zone will expire when the project is complete and the construction signs are removed.

Comments/Other Departments, Boards, Commissions or Agencies

Supporting Documents 5o-033 JBS Temporary Speed Reduction.pdf, Parkway location map.pdf, ORDINANCE NO. 2021-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ODESSA, TEXAS, AMENDING THE ODESSA CITY

CODE CHAPTER 12 “TRAFFIC AND VEHICLES”

ARTICLE 12-2 “OPERATION OF VEHICLES” SECTION

12-2-8 “TEMPORARY SPEED LIMITS” WHICH

AUTHORIZES THE TEMPORARY AMENDMENT OF THE

SPEED LIMIT FOR JOHN BEN SHEPPERD PARKWAY

FROM 55 MPH TO 45 MPH WITH REDUCED SPEED

ZONE SIGNS FOR A SPECIFIED PERIOD; PROVIDING A

PENALTY CLAUSE AND OTHER APPROPRIATE

CLAUSES.

WHEREAS, Traffic Engineering investigations by the City of Odessa have revealed that it would materially contribute to traffic safety to make the hereinafter described amendments.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF

ODESSA, TEXAS

Section 1. That in order to do construction the Odessa City Code Chapter 12

“Traffic and Vehicles” Article 12-2 “Operation of Vehicles” Section 12-2-8 “Temporary Speed

Limits” is hereby amended to temporarily reduce the speed limit for John Ben Shepperd

Parkway for the designated period as follows:

Sec. 12-2-8 Temporary Speed Limits

(b) John Ben Shepperd Parkway. From North Loop 338 south for 1,200 feet. A temporary construction speed zone of 45 miles per hour will be in effect when signs are displayed within the construction project. The completion and/or acceptance of the project shall cancel the provision of this ordinance applying to said project and any remaining construction reduced speed zone signs shall be removed. John Ben Shepperd Parkway will revert back to the 55 mile per hour speed restriction upon expiration of this temporary speed ordinance.

Section 2. That should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction be invalid, the same shall not affect the validity of

CB: Ordinances\5o-33 JBS Temporary Speed Reduction Page 1 of 3 this ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so declared to be invalid.

Section 4. That the caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the city of Odessa as provided by City Charter section

65.

Section 5. That this ordinance shall go into effect five (5) days after its publication following adoption on second approval as provided by City Charter section 65.

The foregoing ordinance was first approved on the 8th day of June, A.D., 2021, by the following vote:

Mark Matta AYE Steven P. Thompson AYE Detra White AYE Tom Sprawls AYE Mari Willis AYE Denise Swanner AYE Javier Joven AYE

The foregoing ordinance was adopted on second and final approval on the 22nd day of

June, A.D., 2021, by the following vote:

Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___

CB: Ordinances\5o-33 JBS Temporary Speed Reduction Page 2 of 3 Approved this the 22nd day of June, A.D., 2020.

Javier Joven, Mayor

ATTEST:

Norma Aguilar-Grimaldo, City Secretary

APPROVED AS TO FORM:

Natasha Brooks, City Attorney

CB: Ordinances\5o-33 JBS Temporary Speed Reduction Page 3 of 3

CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Hal Feldman Traffic Engineering No Work Session? Contacted Legal? Item Type Yes Yes Consent Resolution,

CAPTION Consider a TxDOT agreement for a temporary street closure. (Resolution) SUMMARY Downtown Odessa, Inc., is making arrangements for two separate events. These events will encompass Grant Avenue between 4h and 6th streets.

July 24th will be for a country music festival. October 2nd will be for a rock concert.

This agreement allows the City to close a TxDOT right-of-way for a public event.

Comments/Other Departments, Boards, Commissions or Agencies

Supporting Documents Location map.pdf, Resolution.pdf,

EXHIBIT A

6TH STREET

b DETOUR G ROUTE T R E A X N A T

S 5TH STREET

A V V E E

f TEMPORARY ROAD CLOSURE

4TH STREET

1 inch = 121 feet CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 JoAnn Samaniego Purchasing Yes Work Session? Contacted Legal? Item Type Yes No Consent

CAPTION Consider Renewal of Contract for Auctioneering Services SUMMARY Approval of auctioneering service's contract with Rene' Bates Auctioneers of McKinney, TX., auctions are conducted "online." The original agreement was approved on May 8, 2007; City Council approved for a term of four (4) years, with an option to review for an additional one (1) year period. Approval of this agenda item authorized a one (1) year renewal. Attached is the correspondence for the Ector County Joint Purchasing Group accepting renewal under the same terms.

Commission Rate: 5% of sales Average Annual Auction Revenue: $910,317.05 Contract Period: May 14, 021, thru May 13, 2022 Approval is recommended

FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2021 Revenue Available Funds Budget Est/Actual Cost Difference This Agenda Item: ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: Transfer Amount: Appropriation By:

Comments/Other Departments, Boards, Commissions or Agencies Revenue is in direct relation to type and quantity of surplus items being sold. The contract is administered by the Ector County Governmental Purchasing Group. Supporting Documents Auctioneer Award Letter 2021-22 (002).pdf, ECTOR COUNTY PURCHASING DEPARTMENT 1010 E 8th Street Odessa, TX 79761 March 24,2021

Rene Bates Auctioneers, lnc. 4660 County Road 1006 McKinney, TX 7 57 01 -6617 Attn: Michelle Bates 972-548-9636

Dear Ms. Bates, This Tuesday, Ector County Commissioners Court, on behalf of the Ector County Joint Purchasing Group, approved the yearly extension of the proposal for ON-LINE AUCTIONEER SERVICES to your company.

The Original Agreement was originally approved May 14,2007, for a term of four (4) years, with Ector County and the Ector County Governmental Purchasing Group. This includes a Compensation Commission rate/fee, of 5% for all items, paid to the Auctioneer by each participating Entity.

After the initial term, the Ector County Governmental Purchasing Group reserves the right to extend this agreement on an annual basis, which will be from May 14,2021 - May 13,2022.

This agreement may be terminated by either party in writing at any time by giving thirty (30) days prior written notice.

We look fonrvard to the continued working relationship between your company and each entity participating in this bid.

Sin

cy Soto, , CPPB Purchasing Agent

Auctioneer Award, Page 1 of 2 cc: JoAnn samaniego - city of odessa Josette Dobbins - EclsD Cheryl McQueen - Medical Center Hospital Cindy Curnutt - Odessa College Joe Vargas - Permian Basin Community Centers Ellen Friar - Ward County Barbara Coleman - City of New Braunfels Diana Allen - wise county Gwyn Hughes, Frenship lsD cheryl Lowry - Hunt county Mande Reeves - Lubbock county Ken Bass - McLennan county chris Lonning - potter county Scott Henderson - Taylor County

Auctioneer Award, Page2 of 2 CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Cindy Muncy City Manager's Office No Work Session? Contacted Legal? Item Type Yes Yes Consent

CAPTION Consider accepting the 2020 Comprehensive Annual Financial Report. SUMMARY Council will review and consider the acceptance of the 2020 Comprehensive Annual Financial Report (CAFR) which will be presented by Weaver LLP.

Comments/Other Departments, Boards, Commissions or Agencies

Supporting Documents CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Randy Brinlee Planning & Zoning No Work Session? Contacted Legal? Item Type No Yes Regular Ordinance,Hearing,

CAPTION Open a public hearing to consider approval of the request by Permian Basin Womens Resource Center, Inc., Newton Engineering, agent, to rezone from Multi-Family Residence-One (MF-1) to Office (O) of 0.39 acre tract, being Lots 1-3, Block 11A, Herbert & Wight Addition, City of Odessa, Ector County, Texas (northwest of the intersection of N. Sam Houston Ave. and W. 8th St.) (Ordinance -- First Approval) SUMMARY The property involved in this request is located northwest of the intersection of N. Sam Houston Ave. and W. 8th St. The site is currently zoned Multi-Family Residence-One (MF-1) and is vacant. Land uses in the area consists of single-family residential development to the north, and office to the east, south and west.

The applicant is Permian Basin Womens Resource Center, Inc., owner, Newton Engineering, agent, and the purpose of the zone change request is to facilitate office use development and to coordinate the zoning with the property to the west (802 N. Washington Ave.) which is also owned by the applicant.

This request is not out of line with the City of Odessa's Comprehensive Plan and the proposed development is intended to compliment the applicant's adjacent land use activity. This request will be infill development with access to existing/planned streets and utilities and will add necessary service to the City.

The Planning and Zoning Commission gave unanimous approval (5 members present) of this request on June 3, 2021 to Office (O).

Comments/Other Departments, Boards, Commissions or Agencies The Planning Staff concurs wirh the Planning and Zoning Commission recommendation. Supporting Documents 1) Response summary -- PB Womens Respirce Cemter.pdf, 2) Response Cards -- PB Womens Resource Center.pdf, 3) Zoning map -- PB Womens Resource Center.pdf, 4) Office Use LIst -- PB Womens Resource Center.pdf, 5) P_Z Com memo -- PB Womens Resource Center.pdf, 6) RZ-013 - PB Womens Resource Center.pdf, SUMMARY OF RESPONSE TO NEIGHBORING PROPERTY OWNERS

Permian Basin Womens Resource Center, Inc.

DATE OF NEWSPAPER PUBLICATION: May 23, 2021

NOTICES MAILED OUT: 8

NOTICES RETURNED: 0

NUMBER OF PROTESTS: 1

NUMBER OF APPROVALS: 1

DOES PROTEST REPRESENT 20% OF THE AREA WITHIN 200 FOOT RADIUS OF THE ZONING REQUEST? NO

*SEE ATTACHED NOTIFICATION MAP FOR APPROVAL AND PROTEST AREAS.

OFFICE

The following uses are allowed in the Office (O) District:

PRIMARY RESIDENTIAL USES (14-2-2.1)

ACCESSORY AND INCIDENTAL USES (14-2-2.2)

UTILITY AND SERVICE USES (14-2-2.3)

(Office -- Cont.) Page 2

RECREATIONAL AND ENTERTAINMENT USES (14-2-2.4)

EDUCATIONAL, INSTITUTIONAL & SPECIAL USES (14-2-2.5)

AUTOMOTIVE & TRANSPORTATION RELATED USES (14-2-2.6)

RETAIL AND SERVICE TYPE USES (14-2-2.7)

Bank or Savings and Loan Office Book or Stationery Shop Clinic, Medical or Dental Custom Personal Service Shop (by Specific Use Permit) (Office -- Cont.) Page 3

(Retail and Service Type Uses -- Cont.)

SIGN AND IDENTIFICATION USES (14-2-2.8) (see Section 14-10-1)

COMMERCIAL TYPE USES (14-2-2.9)

Laboratory, Scientific or Research

NATURAL RESOURCE STORAGE AND EXTRACTION (14-2-2.11)

Petroleum or Gas Well (permitted in any district carrying Drill Reservation "DR" suffix subject to Oil and Gas Ordinance)

SPECIAL INDUSTRIAL PROCESSES (14-2-2.12)

Asphalt or Concrete Batching Plant (Temporary) (by Specific Use Permit)

Planning and Zoning Commission memo

DATE OF P&Z MEETING: June 3, 2021

APPLICANT: Permian Basin Womens Resource Center, Inc., owner Newton Engineering, agent

REQUEST: Rezone from Multi-Family Residence-One (MF-1) to Office (O)

PROPERTY INVOLVED: An approx. 0.39 acre tract, being Lots 1-3, Block 11A, Herbert & Wight Addition, City of Odessa, Ector County, Texas (northwest of the intersection of N. Sam Houston Ave. and W. 8th St.)

The property involved in this request is located northwest of the intersection of N. Sam Houston Ave. and W. 8th St. The site is currently zoned Multi-Family Residence-One (MF-1) and is vacant. Land uses in the area consist of single-family residential development to the north, and offices to the east, south and west.

The applicant is Permian Basin Womens Resource Center, Inc., owner, Newton Engineering, agent, and the purpose of the request is to facilitate office use for development and to coordinate the zoning with the property to the west (802 N. Washington Ave.) which is also owned by the applicant.

Using the City’s identified priorities contained in the City of Odessa’s Comprehensive Plan to evaluate zoning amendments the following comments are offered:

Comprehensiveness: This request is not out of line with the City of Odessa’s Comprehensive Plan.

Livability: The proposed development is intended to compliment the applicants adjacent land use activity.

Reasonableness: This request will be infill development with access to existing/planned streets and utilities and will add necessary service to the City.

Based upon the preceding analysis, Staff recommends approval of the request.

ORDINANCE NO. 2021-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ODESSA, TEXAS, AMENDING THE ODESSA CITY

CODE CHAPTER 14 “ZONING” ARTICLE 14-1 “GENERAL

PROVISIONS” SECTION 14-1-4 “ZONING DISTRICT

MAP” BY CHANGING THE ZONING CLASSIFICATION

FROM MULTI-FAMILY RESIDENCE-ONE (MF-1) TO

OFFICE (O) OF 0.39 ACRE TRACT, BEING LOTS 1-3,

BLOCK 11A, HERBERT & WIGHT ADDITION, CITY OF

ODESSA, ECTOR COUNTY, TEXAS (NORTHWEST OF

THE INTERSECTION OF N. SAM HOUSTON AVENUE

AND W. 8TH STREET); PROVIDING A PENALTY CLAUSE

AND OTHER APPROPRIATE CLAUSES.

WHEREAS, all legal requirements, including public notice, hearing and

recommendation by the Planning and Zoning Commission prerequisite to the amendment

contained herein have been complied with and fulfilled; and

WHEREAS, The City Council considers the herein contained amendment to the

Odessa City Code Chapter 14 “Zoning” Article 14-1 “General Provisions” Section 14-1-4

“Zoning District Map” to be in harmony with the general plan of development in the City of

Odessa and consistent with the health, safety and welfare of the inhabitants of the City of

Odessa;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

ODESSA, TEXAS:

Section 1. That the Odessa City Code Chapter 14 “Zoning” Article 14-1 “General

Provisions” Section 14-1-4 “Zoning District Map” is hereby amended by changing the original zoning classification from Multi-Family Residence-One (MF-1) to Office (O) of 0.39 acre tract,

LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-19 Rezone\RZ-013 - PB Womens Resource Center Page 1 of 3 being Lots 1-3, Block 11A, HERBERT & WIGHT ADDITION, City of Odessa, Ector County,

Texas, as shown on the attached Exhibit “A.” This land is located northwest of the intersection of N. Sam Houston Avenue and W. 8th Street. This change shall be shown on the official zoning district map of the City of Odessa and elsewhere as provided by ordinance.

Section 2. That should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so declared to be invalid.

Section 3. That any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $2000.00 as provided by City Code Section 1-1-9 “General Penalty,” which section is adopted by reference

and made a part hereof.

Section 4. That the caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the city of Odessa, as provided by City Charter section

65.

Section 5. That this ordinance shall go into effect five (5) days after its publication following adoption on second approval as provided by City Charter section 65.

The foregoing ordinance was first approved on the 22nd day of June, A.D., 2021, by the

following vote:

Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___

LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-19 Rezone\RZ-013 - PB Womens Resource Center Page 2 of 3 The foregoing ordinance was adopted on second and final approval on the 13th day of

July, A.D., 2021, by the following vote:

Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___

Approved this the 13th day of July, A.D., 2021.

Javier Joven, Mayor

ATTEST:

Norma Aguilar-Grimaldo, City Secretary

APPROVED AS TO FORM:

Natasha Brooks, City Attorney

LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-19 Rezone\RZ-013 - PB Womens Resource Center Page 3 of 3 ORDINANCE NO. 2021-__ EXHIBIT “A”

LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-19 Rezone\RZ-013 - PB Womens Resource Center Page 1 of 1

CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Merita Sandoval Community Development Yes Work Session? Contacted Legal? Item Type Yes No Regular Resolution, Hearing,

CAPTION Conduct a public hearing and consider the reallocation of $50,000 in Community Development Block Grant-Coronavirus Round 1 funds (CDBG-CV1) and $40,000 in Community Development Block Grant- Coronavirus Round 3 funds (CDBG-CV3). RESOLUTION SUMMARY The City of Odessa was allocated $514,553 in CDBG-Coronavirus Round 1 funds (CDBG-CV1) and $908,413 CDBG-Coronavirus Round 3 funds (CDBG-CV3) from the U. S. Department of Housing and Urban Development. The CDBG-CV1 funds were allocated by City Council on XXX and the CDBG-CV3 funds were allocated on XXX.

SHARE returned $50,000 of CDBG-CV1 funds and the Boys and Girls Clubs of the Permian Basin returned $40,000 of CDBG-CV3 funds to the City of Odessa.

FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? Available Funds Budget Est/Actual Cost Difference This Agenda Item: ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: Transfer Amount: Appropriation By:

Comments/Other Departments, Boards, Commissions or Agencies

Supporting Documents CDBG-CV Request.pdf, Resolution_CDBG-CV.docx, RESOLUTION NO. 2021R-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, REALLOCATING $50,000 OF THE CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT – CORONAVIRUS ROUND 1 (CDBG-CV1) FUNDING AND $40,000 OF THE CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT – CORONAVIRUS ROUND 3 (CDBG-CV3) FUNDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY CONTRACTS OR DOCUMENTS NECESSARY TO DISTRIBUTE THESE FUNDS; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the City Council allocated $50,000 in CDBG-CV1 funds to SHARE on July 14, 2020 and SHARE returned these funds to the City of Odessa; and

WHEREAS, the City Council allocated $40,000 in CDBG-CV3 funds to the Boys and Girls Clubs of the Permian Basin on November 24, 2020 and the Boys and Girls Clubs of the Permian Basin returned these funds to the City of Odessa.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS:

Section 1. That after careful consideration of all proposed uses for the available CDBG-CV funds, the City Council hereby determines that the aforementioned funds shall be reallocated to the following project and activity as shown on the attached Exhibit “A”.

Section 2. That the City Manager is hereby authorized to sign any contracts or other documents necessary to distribute these funds.

Section 3. That this resolution shall be effective at the time of its adoption.

The foregoing resolution was approved and adopted on the 22nd day of June, A.D., 2021, by the following vote:

Javier Joven ______

Mark Matta ______

Steven P Thompson ______

Detra White ______

Tom Sprawls ______

Mari Willis ______

Denise Swanner ______

Approved the 22nd day of June, A.D., 2021.

______

Javier Joven, Mayor

ATTEST:

______Norma Aguilar-Grimaldo, City Secretary

APPROVED AS TO FORM:

______

Natasha Brooks, City Attorney

EXHIBIT “A” Allocation of CDBG-CV Funds

AMOUNT PROJECT FUNDED REQUESTED Community Development Department – Mortgage/Rent/Utility $90,000 Assistance

TOTAL CDBG-CV REQUESTS $90,000

CDBG-CV AVAILABLE FUNDING AND REQUESTS FOR CDBG-CV FUNDING

CDBG – CORONAVIRUS (CDBG-CV) 1 FUNDS AVAILABLE

CDBG-CV ROUND 1 $ 50,000

CDBG-CV ROUND 3 $ 40,000 TOTAL AVAILABLE FOR ALLOCATION: $ 90,000

COMMUNITY DEVELOPMENT DEPARTMENT CDBG-CV REQUESTS

Mortgage/Rent/Utility Assistance $ 90,000

DEPARTMENT CDBG-CV REQUEST: $ 90,000

1 This represents funds previously allocated by City Council to SHARE & Boys & Girls Clubs of the Permian Basin and then returned by the organizations for reallocation to other activities. Mortgage/Rent/Utility Assistance Program ...... $90,000

The Community Development Department Rental, Utility and Mortgage Assistance program provide low to moderate income citizens who are in danger of being evicted from their home due to the impact of the coronavirus to pay rent, utilities and/or mortgage payments including past due charges. These funds will provide for a maximum of $3,000. per month to cover expenses for up to 3 months.

The requested funds will supplement the $573,750 previously allocated by the City Council.

REGULATION: §570.207(b)(4) Income payment. Emergency grant payments may over a period of up to three consecutive months to provider of such items or services on behalf of an individual or family. CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Merita Sandoval Community Development Yes Work Session? Contacted Legal? Item Type Yes No Regular Resolution, Hearing,

CAPTION Conduct a public hearing and consider the allocation of $842,418 in Program Year 2021 Community Development Block Grant funds (CDBG) and $12,044 in unprogrammed CDBG funds and $95,414 in CDBG program income funds. In addition, consider the allocation of $275,124 in 2021 HOME Investment Partnership Program funds. RESOLUTION SUMMARY The City of Odessa has been allocated $847,418 in Program Year 2021 CDBG funds from the U. S. Department of Housing and Urban Development. There is an addition $12,044 in unprogrammed CDBG funds and $95,414 in CDBG program income funds. The City has also been allocated Program Year 2021 HOME funds in the amount of $275,124 from the U. S. Department of Housing and Urban Development.

FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? Available Funds Budget Est/Actual Cost Difference This Agenda Item: $0.00 $0.00 $0.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $0.00 Transfer Amount: $0.00 Appropriation By:

Comments/Other Departments, Boards, Commissions or Agencies

Supporting Documents Department Requests.pdf, HOME Request.pdf, Outside Agencies.pdf, Resolution_Reg.docx, RESOLUTION NO. 2021R-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, ALLOCATING $842,416 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR VARIOUS PURPOSES FOR THE 2021 PROGRAM YEAR; REALLOCATING $95,414 OF CDBG PROGRAM INCOME, REALLOCATING $12,044 OF UNPROGRAMMED CDBG FUNDS AND AUTHORIZING THE TRANSFER OF SAID FUNDS, FOR ADDITIONAL FUNDING, TO THE 2021 PROGRAM YEAR; ALLOCATING $275,124 OF HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR VARIOUS PURPOSES FOR THE 2021 PROGRAM YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY CONTRACTS OR DOCUMENTS NECESSARY TO DISTRIBUTE THESE FUNDS; AND DECLARING AN EFFECTIVE DATE.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS:

Section 1. That after careful consideration of all proposed uses for the available CDBG funds, the City Council hereby determines that the aforementioned funds shall be allocated to the following projects and activities as shown on the attached Exhibit “A”.

Section 2. That the sum of $12,044 of unprogrammed funds is hereby reallocated and authorized to be transferred to the 2021 CDBG Program year.

Section 3. That the sum of $95,414 of program income funds is hereby reallocated and authorized to be transferred to the 2021 CDBG Program year.

Section 4. That after careful consideration of proposed uses for the available HOME Investment Partnership Program funds, the City Council hereby determines that the funds shall be allocated to the following projects and activities as shown on the attached Exhibit “B”.

Section 5. That the City Manager is hereby authorized to sign any contracts or other documents necessary to distribute these funds.

Section 6. That this resolution shall be effective at the time of its adoption.

The foregoing resolution was approved and adopted on the 22nd day of June, A.D., 2021, by the following vote:

Javier Joven ______

Mark Matta ______

Steven P Thompson ______

Detra White ______

Tom Sprawls ______

Mari Willis ______

Denise Swanner ______

Approved the 22nd day of July, A.D., 2021.

______

Javier Joven, Mayor ATTEST:

______Norma Aguilar-Grimaldo, City Secretary

APPROVED AS TO FORM:

______Natasha Brooks, City Attorney EXHIBIT “A” Allocation of CDBG Funds

AMOUNT PROJECT FUNDED REQUESTED Program Administration – Community Development $180,000.00 Housing Rehabilitation – Community Development $458,395.00 Demolition – Community Development $230,000.00 Family Promise – Public Service Activities $20,000.00 Meals on Wheels – Public Service Activities $79,000.00 Special Olympics – Public Service Activities $16,650.00 Hollingsworth Head Start – Public Facilities Improvements $75,535.00 TOTAL CDBG REQUESTS $1,059,580.00

EXHIBIT “B” Allocation of HOME Investment Partnership Program Funds

AMOUNT PROJECT FUNDED REQUESTED Homeowner Rehab Program $206,343.00 Community Housing Development Organization (CHDO) $41,269.00 HOME Program Administration $27,512.00 TOTAL HOME REQUESTS $275,124.00

2021 REQUESTS FOR CDBG FUNDING

COMMUNITY DEVELOPMENT DEPARTMENT CDBG REQUESTS

Program Administration $ 180,000

Demolition Activities $ 230,000

Housing Rehabilitation $ 458,395

DEPARTMENT CDBG REQUEST: $ 868,395

2021 DEPARTMENT CDBG REQUESTS

Program Administration ...... $180,000

Administrative costs will be used to pay operating costs as well as salary and benefits for the Program Assistant and the Demolition Inspector. The staff is responsible for administering the Community Development Block Grant (CDBG) Program and the HOME Investment Partnership Program (HOME). Community Development interprets CDBG and HOME federal regulations, conducts public hearings/meetings, reviews proposed projects and activities to determine funding eligibility, monitors subrecipients, provides technical assistance concerning CDBG and HOME, conducts environmental assessments of funded projects/activities, and enforces Davis-Bacon federal wage rate requirements for all CDBG and HOME funded projects. REGULATION: §570.206(a) General management, oversight, and coordination: Eligible when reasonable costs of overall program management, coordination, monitoring, and evaluation of community development activities are carried out.

Housing Rehabilitation ...... $458,395

The CDBG Housing Rehabilitation program provides assistance to low and moderate- income homeowners for the rehabilitation or reconstruction of their homes. The purpose of the program is to preserve owner-occupied homes. The program is carried out by the Construction Manager and the Housing Assistant under the supervision of the Director. A total of $138,395 will be expended for salaries; benefits and operating costs in the administration of the program and $320,000 will be expended for the rehabilitation or reconstruction of owner-occupied homes. REGULATION: §570.202(a)(1) Types of buildings and improvements eligible for rehabilitation assistance. Eligible when CDBG funds are used to finance the rehabilitation of privately owned buildings and improvements for residential purposes.

Demolition Program ...... $230,000

The removal of unsafe buildings is a priority in neighborhood revitalization in the community. A continuous survey conducted by the Community Development staff identifies residential and commercial structures that are unoccupied, open, and dilapidated. The staff presents the structures to the Board of Survey for their recommendation. Additional cost factors for commercial structures require that an Asbestos Survey be conducted and/or abatement before demolition.

HOME INVESTMENT PARTNERSHIP PROGRAM (HOME)

2021 HOME FUNDING & REQUESTS

2021 HOME FUNDS AVAILABLE

HOME ALLOCATION $ 275,124

TOTAL AVAILABLE FOR ALLOCATION: $ 275,124

2021 HOME FUNDS REQUESTS

HOME Program Administration $ 27,512

Homeowner Rehab Program $ 206,343

Community Housing Development Organization $ 41,269 (CHDO)

TOTAL HOME REQUESTS FOR FUNDING: $ 275,124

2021 OUTSIDE AGENCY CDBG REQUESTS

OUTSIDE AGENCY CDBG REQUESTS PUBLIC SERVICE ACTIVITIES (15% maximum allowed: $138,839) Family Promise $ 20,000

Meals on Wheels $ 79,000

Special Olympics Texas – Area 18 $ 16,650 PUBLIC SERVICE ACTIVITIES: $ 115,650

PUBLIC FACILITIES IMPROVEMENTS Greater Opportunities of the Permian Basin $ 75,535

PUBLIC FACILITIES IMPROVEMENTS: $ 75,535

OUTSIDE AGENCY REQUESTS: $ 191,185

Family Promise ...... $20,000

The purpose of the project is to help seven (7) homeless families with children become self-sufficient. This is done by providing food, lodging, transportation, child care and all personal expenses while families participate in financial literacy training and personal counseling. The program stresses self-sufficiency and breaking the cycle of homelessness. REGULATION: §570.201(e) Public Service Activities

Meals on Wheels ...... $79,000

The purpose of the project is to provide 85 elderly and disabled homebound individuals with nutritious meals five days per week. In addition, the individuals will receive food items to be used for weekend meals. REGULATION: §570.201(e) Public Service Activities

Special Olympics Texas – Area 18 ...... $16,650

This project is to improve the lives of 111 persons with intellectual disabilities residing within Odessa by helping them learn and adapt, effectively engage in, and contribute to society at large. SOTX utilizes sports as a tool to foster meaningful connections and bridge differences for Special Olympic athletes - creating a positive attitude change within communities. REGULATION: §570.201(e) Public Service Activities

GOPB – Hollingsworth Head Start ...... $75,535

This project is a renovation of the Hollingsworth Head Start playground area by fully removing and replacing the current playground surfacing material with new artificial turf style material. The current playground cover is loose particle wood chips which escapes in shoes, pockets, or gets carried away in storms and must be replaced periodically. The wood chips make the playground inaccessible for children with disabilities. REGULATION: §570.201 Public Facilities Improvements

CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Thomas Kerr Public Works No Work Session? Contacted Legal? Item Type Yes Yes Consent Resolution,

CAPTION Consider the first amended and restated Interlocal Agreement for Wastewater Treatment Services. SUMMARY Gulf Coast Authority has provided the City with an amended and restated Interlocal Agreement for Wastewater Treatment Services. The provision for additional water to Gulf Coast Waste Disposal Authority is subject to the following conditions:

The City of Odessa will determine the location on the pipeline from which the water is to be taken. The City of Odessa must approve the device used to divert the water. The City of Odessa must approve the mechanism of measuring and assuring the proper amount of water is diverted. Gulf Coast Waste Disposal Authority shall pay for all of the equipment and expenses incurred to facilitate these modifications. The City of Odessa shall have the right to inspect and approve all modifications.

The additional water supply will be treated by Gulf Coast Waste Disposal Authority at no additional cost.

Comments/Other Departments, Boards, Commissions or Agencies

Supporting Documents 2r-623 Approving First Amended and Restated Interlocal Agreement for Wastewater Treatment Services with Gulf Coast Authority.pdf, First Amended and Restated Interlocal Agreement GCA.pdf, RESOLUTION NO. 2021R-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, APPROVING THE FIRST AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR WASTEWATER TREATMENT SERVICES WITH GULF COAST AUTHORITY; FOR THE PURPOSE OF PROVIDING TERMS AND CONDITIONS FOR OPERATION OF THE WASTEWATER TREATMENT FACILITY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS:

Section 1. That the first amended and restated Interlocal Agreement for Wastewater Treatment Services with the Gulf Coast Authority is approved.

Section 2. That the City Manager or his designee is authorized to execute any documents necessary to implement this resolution.

Section 3. That this resolution shall be effective at the time of its adoption.

The foregoing resolution was approved and adopted on the 22nd day of June, A.D., 2021, by the following vote:

Mark Matta ___ Steve Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___

Approved this the 22nd of June, A.D., 2021.

SD:RES:2r-623 Approving First Amended and Restated Interlocal Agreement for Wastewater Treatment Services with Gulf Coast Authority

Javier Joven, Mayor

ATTEST:

Norma Aguilar-Grimaldo, City Secretary

APPROVED AS TO FORM:

Natasha Brooks, City Attorney

SD:RES:2r-623 Approving First Amended and Restated Interlocal Agreement for Wastewater Treatment Services with Gulf Coast Authority

CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Cindy Muncy City Manager's Office No Work Session? Contacted Legal? Item Type Yes Yes Regular Resolution,

CAPTION Consider outside agency requests for funding for FY 2021-22 budget. (RESOLUTION) SUMMARY Agencies have requested funding from the City of Odessa FY 2021-22 budget. A copy of each application has been provided to Council for their review. The applicants have been informed of the Council meeting and should be available for any questions you might have regarding their requests.

Comments/Other Departments, Boards, Commissions or Agencies

Supporting Documents 2r-622 Allocating Outside Agency Funds for FY 2021-2022.pdf, Contact Listing.pdf, RESOLUTION NO. 2021R-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, ALLOCATING OUTSIDE AGENCY REQUESTS FOR FUNDING FROM HOTEL/MOTEL TAX AND GENERAL FUNDS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY CONTRACTS OR DOCUMENTS NECESSARY TO DISTRIBUTE THESE FUNDS; AND DECLARING AN EFFECTIVE DATE

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS:

Section 1. That after careful consideration of all proposed uses for the available Hotel/Motel Tax and General funds, the City Council hereby determines that the aforementioned funds shall be allocated to the following projects and activities shown on the attached Exhibit “A”.

Section 2. That the City Manager is hereby authorized to sign any contracts or other documents necessary to distribute these funds.

Section 3. That this resolution shall be effective at the time of its adoption.

The foregoing resolution was approved and adopted on the 22nd day of June, A.D., 2021, by the following vote:

Mark Matta Steven P. Thompson Detra White Tom Sprawls Mari Willis Denise Swanner Javier Joven

Approved the 22nd day of June, A.D., 2021.

______Javier Joven, Mayor ATTEST:

______Norma Aguilar-Grimaldo, City Secretary

APPROVED AS TO FORM:

______Natasha Brooks, City Attorney

SD: RES: 2r-622 Allocating Outside Agency Funds for FY 2021-2022 FY22 OUTSIDE AGENCY APPLICATION LISTING Profit (P)/ Non‐Profit (NP)/ Public Expected Amount # Name of Organization Contact Person Agency (A) Room Nights Description of Use Requested FY21 Awarded FY20 Awarded GENERAL FUND Children's Miracle 1 Network Haley Howey $ 50,000 $ 20,000 $ 20,000 Odessa Crime Stoppers, 2 Inc. Susan Rogers 60,000 60,000 60,000 3 Permiacare Cheryl McLaughlin 90,000 90,000 90,000 4 Odessa Teen Court Tammy Hawkins 66,950 65,000 67,170

5 UTPB First 5 Permian Basin Diana Ruiz ‐ 10,000 15,000 Young Professionals of 6 Odessa Bryan D. Mackay 24,750 15,000 20,000 TOTAL GF 291,700 260,000 272,170 HOTEL‐MOTEL FUND Black Cultural Council of JoAnn Davenport‐ Contract labor, Advertising 7 Odessa Littleton NP 1,200 75,000 55,000 75,000 8 Briar Patch Trade Days Diana Hamilton P90 Advertising, Hospitality 10,000 ‐ ‐ Commemorative Air Force Advertising 9 High Sky Wing Gena Linebarger NP 850 50,000 ‐ 50,000 ‐Personnel services ‐Training ‐Office supplies ‐Memberships ‐Advertising ‐Events ‐Communication ‐Security 10 Downtown Odessa Lawanna Lambert NP 225 ‐Liability insurance ‐Capital outlay 450,000 450,000 500,000 DTO ‐ Downtown LPB and ‐Banners 11 HD ‐ A N/A ‐Holiday decorations ‐ 80,000 100,000 Richard Esparza FWT Odessa Production Advertising 60,000 15,000 30,000 12 Andrea Quiroz P 96 ‐Admin. Costs ‐Hospitality items ‐Advertising ‐Insurance ‐Contract labor ‐Office expense Odessa Jackalopes Jr. ‐Equipment Costs ‐Security 13 Hockey Donnie Margettie P 550 ‐Facility rental ‐Transportation 20,400 10,000 15,000 Junior League of Odessa, Advertising ‐ MMP 14 Inc. Julie Marshall NP 1,000 20,000 15,000 15,000 ‐Adminisration ‐Hotel rooms ‐Advertising ‐Subgrants ‐Contract Labor ‐Public art ‐Equipment Costs ‐Staff development 15 Odessa Arts Randy Ham NP 3,500 ‐Facility rental ‐Other 572,000 700,000 700,000 ‐Admin. Costs ‐Hospitality items ‐Advertising/Marketing ‐Insurance ‐Equip. cost ‐Office expense 16 Discover Odessa Monica Tschauner NP 42,859 ‐Facility rent ‐Transportation 982,450 939,310 1,000,000 17 Discover Odessa‐ SERP ‐ NP 3,500 Sports recruitment 65,000 37,000 65,000

6/8/2021; 12:40 PM ‐Admin. Costs ‐Hospitality items ‐Advertising ‐Insurance ‐Contract labor ‐Office expense Odessa Jackalopes Hockey ‐Equipment Costs ‐Security 18 Team Kevin Leisgang P 1,100 ‐Facility rental ‐Transportation 71,161 30,000 30,000 Odessa Links, Inc. ‐Advertising 19 (Conference) Erika Chavez NP 2 ‐Contract Labor 15,000 4,500 15,000 ‐Admin. Costs ‐Equipment Costs ‐Advertising ‐Insurance 20 Parks Fall Festival Steve Patton, Director A20 ‐Contract labor ‐Security 15,000 15,000 100,000 ‐Admin. Costs ‐Facility rental ‐Advertising ‐Hospitality items ‐Contract labor ‐Insurance 21 Parks Starbright Village ‐ A 1,000 ‐Equipment Costs ‐Security 15,000 150,000 150,000 Advertising, Contract Labor Equpment, Facility Rent 22 Odessa USBC Joseph Kirby NP 3,600 30,000 ‐ ‐ Odessa Student 23 Crimestoppers ‐ ‐ 50,000 Permiacare‐ Family Hospitality items 24 Resiliency Center Chandra Coleman NP/A 84 7,500 ‐ ‐ Advertising 25 Permian Basin Fair & Expo Chelli Evans NP 250 150,000 125,000 125,000 26 Raliff Ranch Golf Links ‐ 48,908 50,000 Rock the Desert Ministries, 27 Inc. Allison Tull NP ‐ ‐ ‐ Sandhills Stock Show & Advertising 28 Rodeo Bill Wright/Chelli Evans NP 700 125,000 100,000 100,000 ‐Advertising ‐Facility rent ‐Hospitality/VIP ‐ For Auto ‐Insurance 29 Tejano Super Show Nick Hernandez, Sr. P 500 Competitions 92,575 25,000 25,000 Admin Costs, Advertising, Publications, Contract Facility Rent, Insurance, Labor, Office Expense, 30 Texas Winter Phillis Rand P16 Security Transportation 150,000 ‐ ‐ ‐Advertising Admin Costs, Contract UTPB Athletics ‐Recruitment Labor, Facility Rent, 135,000 100,000 100,000 31 Casey Carson Other 1,750 ‐Marketing Security, Tranportation ‐Ratliff Staff ‐Advertising Timing system ‐Hospitality rooms 32 West Texas Track Club Stella/Eugene Neboh NP 250 ‐Medal/ribbons ‐Ceremony 55,000 5,000 55,000 ‐Advertising 33 White‐Pool House Friends Christine Holcomb NP 625 ‐Maintenance 62,500 35,000 40,000 34 USATF West Texas ‐ 50,000 ‐ 35 Ector County Colliseum Interlocal Agreement N/A N/A N/A N/A 50,000 50,000 50,000 36 Admin. Fees N/A N/A N/A N/A N/A 26,559 32,599 32,599 TOTAL HOT‐MOT 3,305,144 3,072,317 3,472,599

TOTAL GF + HOT‐MOT $ 3,596,844 $ 3,332,317 $ 3,744,769

6/8/2021; 12:40 PM CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Natasha Brooks City Attorney’s Office No Work Session? Contacted Legal? Item Type Yes Yes Regular Resolution,

CAPTION Consider approval of resolution employing the Law Firms of Cotton Bledsoe Tighe & Dawson, PC, Brockett & Mcneel LLP, and Keith Stretcher to represent the City of Odessa in the lawsuit with AIM Media LLC d/b/a The Odessa American. SUMMARY The City of Odessa is in an ongoing lawsuit with the Odessa American.

This resolution would authorize the City Attorney to employ the law firms of Cotton Bledsoe Tighe & Dawson, PC, Brockett & McNeel LLP, and Keith Stretcher to represent the City of Odessa in all matters and actions before District and appellate courts of the state and in the courts of the United States, in which it may be heard in the case styled City of Odessa Texas vs. Aim Media Texas, LLC d/b/a The Odessa American including, but not limited to, filing and answering all motions and taking all necessary action and authorizing the City Attorney to negotiate and execute engagement agreements with the above mentioned attorneys and direct outside counsel regarding the case.

Comments/Other Departments, Boards, Commissions or Agencies

Supporting Documents 4r-035 Hiring of outside counsel 6.18.21.pdf, RESOLUTION NO. 2021R-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, EMPLOYING THE LAW FIRMS OF COTTON BLEDSOE TIGHE & DAWSON, PC, BROCKETT & MCNEEL LLP, AND KEITH STRETCHER TO REPRESENT THE CITY OF ODESSA IN ALL MATTERS AND ACTIONS BEFORE DISTRICT AND APPELLATE COURTS OF THE STATE AND IN THE COURTS OF THE UNITED STATES, IN WHICH IT MAY BE HEARD IN THE CASE STYLED CITY OF ODESSA, TEXAS VS. AIM MEDIA TEXAS, LLC d/b/a THE ODESSA AMERICAN; AUTHORIZING THE CITY ATTORNEY TO EXECUTE ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS:

Section 1. That the City Council hereby authorizes the City Attorney to employ the law firms of Cotton Bledsoe Tighe & Dawson, PC, Brockett & McNeel LLP, and Keith Stretcher to represent the City of Odessa in all matters and actions before District and appellate courts of the state and in the courts of the United States, in which it may be heard in the case styled City of Odessa Texas vs. Aim Media Texas, LLC d/b/a The Odessa American including, but not limited to, filing and answering all motions and taking all necessary action; authorizing the City Attorney to negotiate and execute engagement agreements with the above mentioned attorneys and direct outside counsel regarding the case.

Section 2. That the City Attorney or her designee is authorized to execute any documents necessary to implement this resolution.

Section 3. That this resolution shall be effective at the time of its adoption.

The foregoing resolution was approved and adopted on the 22nd day of June, A.D., 2021, by the following vote:

Mark Matta ___ Steve Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___

Approved this the 22nd of June, A.D., 2021.

Javier Joven, Mayor

NE: \Resolutions\4r-035 Hiring of outside counsel 6.18.21 Page 1 of 2

ATTEST:

Norma Aguilar-Grimaldo, City Secretary

APPROVED AS TO FORM:

Natasha Brooks, City Attorney

NE: \Resolutions\4r-035 Hiring of outside counsel 6.18.21 Page 2 of 2 CITY OF ODESSA CITY COUNCIL AGENDA ITEM

Meeting Date Contact Department Fiscal Impact? 6/22/2021 Norma Grimaldo City Secretary No Work Session? Contacted Legal? Item Type No No Regular

CAPTION Appointment of Boards. SUMMARY Historic Preservation Commission Midland Odessa Urban Transit District PermiaCare MH/MR Board of Trustees Tax Incentive Committee

Comments/Other Departments, Boards, Commissions or Agencies

Supporting Documents