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City Council

Regular Meeting

Odessa, TX · May 18, 2021

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Minutes

CITY COUNCIL WORK SESSION MINUTES CITY OF ODESSA, TEXAS May 18, 2021 On May 18, 2021, a work session meeting of the Odessa City Council was held at 3:00 p.m., Odessa, Texas. Due to the COVID-19, the meeting was teleconferenced, as allowed by the Governor’s executive order. City Council was present through teleconference. 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; 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 Sprawls gave the invocation. Police Department Crime Statistics. Mike Gerke, Police Chief, reported crime statistics for 2019 through April 2020. There was no change with the murder statistics but the rape, robberies were down. There was a property increase in burglary. He reported a five-year comparison on Part I Crimes. In 2020, the crimes had lowered. The crimes were related to the populations inside the city limits. The population was higher than represented. Chief Gerke reviewed the violent crime rates and property rates five-year history. He explained the rape category which included child molestations, family issues and date rape. The sexual assaults were in the rape category. Chief Gerke stated that the police focused on the violent crime as it caused the most social harm. There were procedural changes in reports with the patrol officers following up. Animal Shelter construction contract award. Chief Gerke recommended the contract award be to Onyx Contractors to construct the Animal Shelter for $8,308,472. The cost was underbudget. The animal shelter’s problems included concrete issues, inadequate sewer line slope, chain link issues, evaporative cooling, shared ventilation issues, and no fire suppression. The proposed shelter would be a modern facility that included a vet clinic. The new shelter would include dog rooms, cat rooms, playrooms and a secured sallyport. There would be a partial tear down of the current facility once the new shelter was constructed. The cost included the construction and the bulk of the equipment for the facility. He provided the capacity for animals in the new shelter. In the future, one or two staff additional personnel would be needed. There was no interest for a vet staff to be onsite. Chief Gerke stated that citizens requested a different philosophy from an euthanized shelter to a live release shelter. The new shelter provided the capabilities of 100% live release rate. He reported that the loose animals caused population growth, and many were not vaccinated which could spread diseases to domesticated animals. Mayor Joven asked if the unspent funds could be redirected. Mr. Marrero stated that the uncommitted funds could be reprogrammed under the intent from the issuance of the debt which included infrastructure. Mrs. Muncy clarified that the funds could be used for identified categories and must fall in the criteria established in the ordinance but could be redirected to Council Work Session Minutes May 18, 2021 Page 2 a different identified category. Council could not consider issuing another ordinance for the uncommitted funds. It must stay within the capacity issued in the Certificates of Obligation (CO). Mrs. Muncy explained the use and the spending of the 2019 CO funds. Council member White asked that Council be cautious in finding creative financing on redirecting the CO funds as it was borrowed for specific purposes. Council member Thompson stated that the purpose of the COs was clear, and it was specific. Discuss professional services agreement for outside audit services. Mrs. Muncy stated that the audit service was based on qualifications and competence. She recommended that the current auditor contract with Weaver be extended two more years then have a request for proposals. She stated that there was a change in software systems and the auditor was familiar with the transitions. She reviewed the request for proposals process. Council member Thompson agreed. Council member White was good with staff’s recommendation. Resolution approving Downtown infrastructure grant for The House Downtown Bar, LLC. Alexa Moulakis, Downtown Event Coordinator, stated that The House was located at 513 N. Grant and would be an upscale lounge atmosphere. The total investment was over $86,000. The infrastructure grant would be for $40,951.25. Mr. Marrero stated that the grant allowed items only to bring the building up to code compliance. Resolution approving Downtown infrastructure and façade grants for Icon Tavern. Ms. Moulakis stated that Icon Tavern was located at 418 N. Grant with a sports bar atmosphere. The owners wanted it to be open for football season. The infrastructure total investment was $499,079.06. The infrastructure grant would be for $145,685.26. The façade grant request had a total investment of $148,925. The façade grant would be the cap of $25,000. Resolution approving Downtown infrastructure and façade grants for PediCardio. Ms. Moulakis stated that PediCario was located at 520 N. Lincoln. The headquarters would be moved to Downtown. The total investment for the infrastructure was $425,1077. The infrastructure grant was for $161,213.50. The façade total investment was $91,850. The façade grant was $25,000. The ODC and the Downtown Design Committee reviewed and approved the requests. Remove from the table to 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 remove from the table to go into executive session under 551.071. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Motion was made by Council member White and seconded by Council member Thompson to go into executive session under 551.071. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Motion was made by Council member Matta and seconded by Council member Thompson to return from executive session. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Council Work Session Minutes May 18, 2021 Page 3 Nay: None Motion was made by Council member Sprawls and seconded by Council member Matta to reject the maintenance service contract agreement sent by UTPB. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Motion was made by Council member Willis and seconded by Council member Matta 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 5:27 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor

Agenda

PUBLIC NOTICE ODESSA CITY COUNCIL WORK SESSION Tuesday, May 18th, 2021 at 3:00 p.m. Meeting link: https://cityofodessa-ibv.my.webex.com/cityofodessa- ibv.my/j.php?MTID=m58d1d3dab64cd838b5c83a4acb814c74 Meeting number: 182 860 0140 Password: Odessa123 (63377212 from phones and video systems) 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 Odessa City Council will have a Work Session at 3:00 a.m. on Tuesday, May 18th, 2021 via Webex, for the following purposes: Call to Order Invocation 1. Police Department Crime Statistics 2. Consider awarding contract for construction of Odessa Animal Shelter 3. Discuss Professional Services Agreement for Outside Audit Services 4. Consider resolution approving Downtown Infrastructure Grant for The House Downtown Bar, LLC. 5. Consider resolution approving Downtown Infrastructure and Façade Grants for Icon Tavern 6. Consider resolution approving Downtown Infrastructure and Façade Grants for PediCardio 7. 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. Adjourn This Notice is being posted on the bulletin board located outside the south entrance of the City Hall building and on the bulletin board of the first floor of City Hall, Odessa, Texas the _______ day of May, 2021 at ________, ___. m. It is also posted on the City of Odessa’s website www.odessa-tx.gov. The said time being more then seventy-two (72) hours prior to the time at which the subject meeting will be convened and called to order. The Work Session meeting is available to all persons regardless of disability. Individuals with disabilities who require 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 (24) hours in advance of the meeting. Norma Aguilar-Grimaldo City Secretary, TRMC, CMC ODESSA CITY COUNCIL WORK SESSION AGENDA Tuesday, May 18th, 2021 3:00 p.m. Meeting link: https://cityofodessa-ibv.my.webex.com/cityofodessa- ibv.my/j.php?MTID=m58d1d3dab64cd838b5c83a4acb814c74 Meeting number: 182 860 0140 Password: Odessa123 (63377212 from phones and video systems) Call to Order Invocation 1. Police Department Crime Statistics Chief Gerke 2. Consider awarding contract for construction of Odessa Animal Shelter Chief Gerke 3. Discuss Professional Services Agreement for Outside Audit Services Cindy Muncy 4. Consider resolution approving Downtown Infrastructure Grant for The House Downtown Bar, LLC. Alexa Moulakis 5. Consider resolution approving Downtown Infrastructure and Façade Grants for Icon Tavern Alexa Moulakis 6. Consider resolution approving Downtown Infrastructure and Façade Grants for PediCardio Alexa Moulakis 7. 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. Ajourn CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 5/25/2021 Mike Gerke Police Yes Work Session? Contacted Legal? Item Type Yes Yes Consent CAPTION Consider awarding the contract to Onyx Contractors for the construction of Odessa Animal Shelter, Project: PD-200002. SUMMARY Quorum Architects, Maverick Engineering and City Staff constructed a design and requested for proposals for the Odessa Animal Shelter and released it to contractors. Following the submission of 5 proposals, a committee consisting of Quorum Architects and City Staff reviewed and scored the proposals and selected Onyx Contractors as the recommended contractor. Approval of this item will allow Onyx Contractors to furnish all labor, materials and necessary work to complete the build of the Odessa Animal Shelter in accordance with plans, specifications and clarifications for the lump sum of $8,308,472. Proposed Project Duration: 365 Days This will be funded out of Acct: 52110420-58050 Capital Outlay - Buildings. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2021 Cost No Available Funds Budget Est/Actual Cost Difference This Agenda Item: $8308472.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: Transfer Amount: Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents Animal Shelter - Bid Proposals - Onyx Contractors.pdf, CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 5/25/2021 Alexa Moulakis Downtown Odessa No Work Session? Contacted Legal? Item Type Yes Yes Regular Resolution, CAPTION Consider a resolution approving a Downtown Infrastructure Grant for The House Downtown Bar, LLC. (RESOLUTION) SUMMARY The House Downtown Bar, LLC, located at 513 N. Grant, has applied for a Downtown Infrastructure Grant in the amount of $40,951.25 to make necessary repairs, renovations and upgrades to the inside of the building. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents RESOLUTION NO. ODC-2021R-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ODESSA DEVELOPMENT CORPORATION APPROVING A DOWNTOWN ODESSA, INC. INFRASTRUCTURE ECONOMIC DEVELOPMENT AGREEMENT WITH THE HOUSE DOWNTOWN BAR, LLC; AUTHORIZING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE WHEREAS, the Downtown Infrastructure Improvement Program is designed to encourage businesses to promote or develop new or expanded business enterprises in the Odessa Downtown area pursuant to 501.103 of the Texas Local Government Code by encouraging business owners to rehab buildings located in the downtown Odessa Boundaries and make them suitable for businesses to flourish while adhering to current City of Odessa Building Code guidelines; and WHEREAS, ODC will reimburse qualified businesses up to fifty percent (50%) but not more than $200,000 toward the total project cost for a qualifying infrastructure project; and WHEREAS, The House Downtown Bar, LLC proposes to make infrastructure improvements to a building located at 513 N. Grant Ave., Odessa, TX 79761 which satisfies the requirements of Sec. 501.103 Texas Local Government Code and Sec. 11-4-1 Odessa City Code; and WHEREAS, based on their proposed infrastructure improvement plans, The House Downtown Bar, LLC. qualifies for a total grant of up to $40,951.25 to be paid upon completion of the project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ODESSA DEVELOPMENT CORPORATION: Section 1. That the statements of fact in the Preamble are found to be true and correct and are approved as findings. Section 2. That a Downtown Odessa, Inc. Infrastructure Economic Development Agreement with the House Downtown Bar, LLC in an amount of up to $40,951.25 is approved and authorized for execution. Section 3. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 13th day of May, A.D., 2021, by the following vote: Tim Edgmon ___ Melanie Hollmann ___ David Boutin ___ Chris Cole ___ Kriston Crow ___ Larry G. Robinson ___ Jeff Russell ___ CB: ECONOMIC-ODC\RESOLUTIONS\2021\Approving Infrastructure Grant-The House Downtown Bar, LLC Page 1 of 2 Approved the 13th day of May, A.D., 2021. Tim Edgmon, President APPROVED AS TO FORM: ATTEST: Natasha Brooks, City Attorney as Attorney for Norma Aguilar-Grimaldo, City Secretary as ODC Board Assistant Secretary for ODC Board CB: ECONOMIC-ODC\RESOLUTIONS\2021\Approving Infrastructure Grant-The House Downtown Bar, LLC Page 2 of 2 CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 5/25/2021 Alexa Moulakis Downtown Odessa No Work Session? Contacted Legal? Item Type Yes Yes Regular Resolution, CAPTION Consider a resolution approving Downtown Infrastructure and Facade Grants for Icon Tavern. (RESOLUTION) SUMMARY Icon Tavern, located at 418 N Grant, has applied for a Downtown Infrastructure grant in the amount of $145,685.26 to make necessary repairs to the inside of their building and for a Facade grant in the amount of $25,000.00 to make renovations and upgrades to the facade of their building. The applicant is the owner of the building. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents RESOLUTION NO. ODC-2021R-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ODESSA DEVELOPMENT CORPORATION APPROVING A DOWNTOWN ODESSA, INC. INFRASTRUCTURE ECONOMIC DEVELOPMENT AGREEMENT WITH ICON TAVERN SPORTS AND ENTERTAINMENT; AUTHORIZING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Downtown Infrastructure Improvement Program is designed to encourage businesses to promote or develop new or expanded business enterprises in the Odessa Downtown area pursuant to 501.103 of the Texas Local Government Code by encouraging business owners to rehab buildings located in the downtown Odessa Boundaries and make them suitable for businesses to flourish while adhering to current City of Odessa Building Code guidelines; and WHEREAS, ODC will reimburse qualified businesses up to fifty percent (50%) but not more than $200,000 toward the total project cost for a qualifying infrastructure project; and WHEREAS, Icon Tavern Sports and Entertainment proposes to make infrastructure improvements to a building located at 418 N. Grant Ave., Odessa, TX 79761 which satisfies the requirements of Sec. 501.103 Texas Local Government Code and Sec. 11-4-1 Odessa City Code; and WHEREAS, based on their proposed infrastructure improvement plans, Icon Tavern Sports and Entertainment qualifies for a total grant of up to $145,685.26 to be paid upon completion of the project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ODESSA DEVELOPMENT CORPORATION: Section 1. That the statements of fact in the Preamble are found to be true and correct and are approved as findings. Section 2. That a Downtown Odessa, Inc. Infrastructure Economic Development Agreement with Icon Tavern Sports and Entertainment in an amount of up to $145,685.26 is approved and authorized for execution. Section 3. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 13th day of May, A.D., 2021, by the following vote: Tim Edgmon ___ Melanie Hollmann ___ David Boutin ___ Chris Cole ___ Kriston Crow ___ Larry G. Robinson ___ Jeff Russell ___ LECH\(A) Administrative\(A-5) Organization\A-5-77\ODC RESOLUTIONS\2021\Approving Infrastructure Grant-Icon Tavern Sports and Entertainment Page 1 of 2 Approved the 13th day of May, A.D., 2021. Tim Edgmon, President APPROVED AS TO FORM: ATTEST: Natasha Brooks, City Attorney as Attorney for Norma Aguilar-Grimaldo, City Secretary as ODC Board Assistant Secretary for ODC Board LECH\(A) Administrative\(A-5) Organization\A-5-77\ODC RESOLUTIONS\2021\Approving Infrastructure Grant-Icon Tavern Sports and Entertainment Page 2 of 2 RESOLUTION NO. ODC-2021R-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ODESSA DEVELOPMENT CORPORATION APPROVING A DOWNTOWN ODESSA, INC. FAÇADE ECONOMIC DEVELOPMENT AGREEMENT WITH ICON TAVERN SPORTS AND ENTERTAINMENT; AUTHORIZING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE WHEREAS, Texas Local Government Code Sec. 504.105 allows a Type A economic development corporation to spend no more than ten percent (10%) of the corporate revenues for promotional purposes; and WHEREAS, the Downtown Building Façade Improvement Program is designed to encourage local businesses in the Odessa Downtown area to make exterior improvements which enhance the appearance of their buildings, to better attract other businesses to the downtown area and to demonstrate the economic vitality of the Downtown area for economic development purposes; and WHEREAS, Icon Tavern Sports and Entertainment proposes to make façade improvements to a building located at 418 N Grant Ave., Odessa, TX 79761 which satisfies the requirements of Sec. 504.105 Texas Local Government Code and Sec. 11-4-2 Odessa City Code; and WHEREAS, based on their proposed façade improvement plans, Icon Tavern Sports and Entertainment qualifies for a total grant of up to $25,000 to be paid upon completion of the project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ODESSA DEVELOPMENT CORPORATION: Section 1. That the statements of fact in the Preamble are found to be true and correct and are approved as findings. Section 2. That a Downtown Odessa, Inc. Façade Economic Development Agreement with Icon Tavern Sports and Entertainment in an amount of up to $25,000 is approved and authorized for execution. Section 3. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 13th day of May, A.D., 2021, by the following vote: Tim Edgmon ___ Melanie Hollmann ___ David Boutin ___ Chris Cole ___ Kriston Crow ___ Larry G. Robinson ___ Jeff Russell ___ LECH\(A) Administrative\(A-5) Organization\A-5-77\ODC RESOLUTIONS\2021\Approving Façade Grant-Icon Tavern Sports and Entertainment Page 1 of 2 Approved the 13th day of May, A.D., 2021. Tim Edgmon, President APPROVED AS TO FORM: ATTEST: Natasha Brooks, City Attorney as Attorney for Norma Aguilar-Grimaldo, City Secretary as ODC Board Assistant Secretary for ODC Board LECH\(A) Administrative\(A-5) Organization\A-5-77\ODC RESOLUTIONS\2021\Approving Façade Grant-Icon Tavern Sports and Entertainment Page 2 of 2 CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 5/25/2021 Alexa Moulakis Downtown Odessa No Work Session? Contacted Legal? Item Type Yes Yes Regular Resolution, CAPTION Consider a resolution approving Downtown Infrastructure and Facade Grants for Nasuhoglu Investments, Inc. dba PediCardio of West Texas. (RESOLUTION) SUMMARY Nasuhoglu Investments, Inc. dba PediCardio of West Texas, located at 520 N. Lincoln, has applied for an Infrastructure grant in the amount of $161,213.50 to make necessary repairs to the inside of their building and for a facade grant in the amount of $25,000.00 to make renovations and upgrades to the facade of their building. The applicant is the owner of the building. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents RESOLUTION NO. ODC-2021R-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ODESSA DEVELOPMENT CORPORATION APPROVING A DOWNTOWN ODESSA, INC. INFRASTRUCTURE ECONOMIC DEVELOPMENT AGREEMENT WITH NASUHOGLU INVESTMENTS, INC. DBA PEDICARDIO OF WEST TEXAS; AUTHORIZING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Downtown Infrastructure Improvement Program is designed to encourage businesses to promote or develop new or expanded business enterprises in the Odessa Downtown area pursuant to 501.103 of the Texas Local Government Code by encouraging business owners to rehab buildings located in the downtown Odessa Boundaries and make them suitable for businesses to flourish while adhering to current City of Odessa Building Code guidelines; and WHEREAS, ODC will reimburse qualified businesses up to fifty percent (50%) but not more than $200,000 toward the total project cost for a qualifying infrastructure project; and WHEREAS, Nasuhoglu Investments, Inc. dba PediCardio of West Texas proposes to make infrastructure improvements to a building located at 520 N Lincoln Ave., Odessa, TX 79761 which satisfies the requirements of Sec. 501.103 Texas Local Government Code and Sec. 11-4-1 Odessa City Code; and WHEREAS, based on their proposed infrastructure improvement plans, Nasuhoglu Investments, Inc. dba PediCardio of West Texas qualifies for a total grant of up to $161,213.50 to be paid upon completion of the project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ODESSA DEVELOPMENT CORPORATION: Section 1. That the statements of fact in the Preamble are found to be true and correct and are approved as findings. Section 2. That a Downtown Odessa, Inc. Infrastructure Economic Development Agreement with Nasuhoglu Investments, Inc. dba PediCardio of West Texas in an amount of up to $161,213.50 is approved and authorized for execution. Section 3. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 13th day of May, A.D., 2021, by the following vote: Tim Edgmon ___ Melanie Hollmann ___ David Boutin ___ Chris Cole ___ Kriston Crow ___ Larry G. Robinson ___ Jeff Russell ___ CB: ECONOMIC-ODC\RESOLUTIONS\2021\Approving Infrastructure Grant-Nasuhoglu Investments Page 1 of 2 Approved the 13th day of May, A.D., 2021. Tim Edgmon, President APPROVED AS TO FORM: ATTEST: Natasha Brooks, City Attorney as Attorney for Norma Aguilar-Grimaldo, City Secretary as ODC Board Assistant Secretary for ODC Board CB: ECONOMIC-ODC\RESOLUTIONS\2021\Approving Infrastructure Grant-Nasuhoglu Investments Page 2 of 2 RESOLUTION NO. ODC-2021R-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ODESSA DEVELOPMENT CORPORATION APPROVING A DOWNTOWN ODESSA, INC. FAÇADE ECONOMIC DEVELOPMENT AGREEMENT WITH NASUHOGLU INVESTMENTS DBA PEDICARDIO OF WEST TEXAS; AUTHORIZING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE WHEREAS, Texas Local Government Code Sec. 504.105 allows a Type A economic development corporation to spend no more than ten percent (10%) of the corporate revenues for promotional purposes; and WHEREAS, the Downtown Building Façade Improvement Program is designed to encourage local businesses in the Odessa Downtown area to make exterior improvements which enhance the appearance of their buildings, to better attract other businesses to the downtown area and to demonstrate the economic vitality of the Downtown area for economic development purposes; and WHEREAS, Nasuhoglu Investments, Inc. dba PediCardio of West Texas proposes to make façade improvements to a building located at 520 N Lincoln Ave., Odessa, TX 79761 which satisfies the requirements of Sec. 504.105 Texas Local Government Code and Sec. 11- 4-2 Odessa City Code; and WHEREAS, based on their proposed façade improvement plans, Nasuhoglu Investments, Inc. dba PediCardio of West Texas qualifies for a total grant of up to $25,000 to be paid upon completion of the project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ODESSA DEVELOPMENT CORPORATION: Section 1. That the statements of fact in the Preamble are found to be true and correct and are approved as findings. Section 2. That a Downtown Odessa, Inc. Façade Economic Development Agreement with Nasuhoglu Investments, Inc. dba PediCardio of West Texas in an amount of up to $25,000 is approved and authorized for execution. Section 3. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 13th day of May, A.D., 2021, by the following vote: Tim Edgmon ___ Melanie Hollmann ___ David Boutin ___ Chris Cole ___ Kriston Crow ___ Larry G. Robinson ___ Jeff Russell ___ CB: ECONOMIC-ODC\RESOLUTIONS\2021\Approving Façade Grant-Nasuhoglu Investments Page 1 of 2 Approved the 13th day of May, A.D., 2021. Tim Edgmon, President APPROVED AS TO FORM: ATTEST: Natasha Brooks, City Attorney as Attorney for Norma Aguilar-Grimaldo, City Secretary as ODC Board Assistant Secretary for ODC Board CB: ECONOMIC-ODC\RESOLUTIONS\2021\Approving Façade Grant-Nasuhoglu Investments Page 2 of 2

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