City Council

PUBLIC NOTICE City Council Work Session Agenda City Hall, City Council Chambers – 5th Floor 411 W. 8th Street Odessa, TX. Tuesday, June 15th, 2021 3:00 p.m. 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 p.m. on Tuesday, June 15th, 2021, at City Hall, 5th Floor Council Chambers, for the following purposes: Call to Order Invocation 1. Consider approving an economic development agreement between the Odessa Development Corporation and Nacero TX 1, LLC. 2. Fire Department 2019 C.O Projects Update 3. Police Department 2019 C.O Projects Update 4. Consider renewal of contract for Auctioneering Services 5. Consider TxDOT agreement for a temporary street closure 6. Consider first amended and restated Interlocal Agreement for Wastewater Treatment Services 7. Conduct public hearing and consider allocation of $842,418 in Program Year 2021 CDBG funds 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. 8. Conduct a public hearing and consider the reallocation of $50,000 in CDBG – Coronavirus Round 1 funds and $40,000 in CDBG – Coronavirus Round 3 funds 9. Consider allocation to outside agencies 10. Discuss 2019-20 Outside Audit 11. Discuss Open Meeting Training dates 12. 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. 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 June, 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  City Council Work Session Agenda City Hall, City Council Chambers – 5th Floor 411 W. 8th Street Odessa, TX. Tuesday, June 15th, 2021 3:00 p.m. Call to Order Invocation 1. Consider approving an economic development agreement between the Odessa Development Tim Edgmon Corporation and Nacero TX 1, LLC. 2. Fire Department 2019 C.O Projects Update Chief Alvarez 3. Police Department 2019 C.O Projects Update Chief Gerke 4. Consider renewal of contract for Auctioneering Services JoAnn Samaniego 5. Consider TxDOT agreement for a temporary street closure Hal Feldman 6. Consider first amended and restated Interlocal Agreement for Wastewater Treatment Services Tom Kerr 7. Conduct public hearing and consider allocation of $842,418 in Program Year 2021 CDBG funds Merita Sandoval 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. 8. Conduct a public hearing and consider the reallocation of $50,000 in CDBG – Coronavirus Round Merita Sandoval 1 funds and $40,000 in CDBG – Coronavirus Round 3 funds 9. Discuss allocation to Outside Agencies Cindy Muncy 10. Discuss 2019-20 Outside Audit Cindy Muncy 11. Discuss Open Meeting Training dates Norma Grimaldo 12. 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. Adjourn  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 approving an economic development agreement between the Odessa Development Corporation and Nacero TX 1 LLC. (Resolution) (Vote) SUMMARY Nacero TX 1 LLC (Nacero) is proposing to design, engineer, construct, commission and operate a new natural gas processing and gasoline production facility that will convert natural gas to methanol, and methanol to gasoline. This is a unique large-scale energy project that produces zero-sulfur gasoline from natural gas using an environmentally superior process with a smaller carbon footprint compared to traditional gasoline production processes. Company is classified as #325199 All other Basic Organic Chemical Manufacturing of the North American Industry Classification System (NAICS). Nacero satisfies the requirements of Chapters 501 and 504 of the Local Government Code as a “project authorizing the expenditure of economic development sales tax.” It proposes a capital investment of at least $7 billion on a site in Ector County and the creation of at least 400 permanent jobs over the next 10 years, Based on the investment and new jobs, Nacero qualifies for a grant in the amount of $20 million divided evenly over a 10-year period paid in arrears. ODC is expected to approve this item at their regular meeting on June 14, 2021. Comments/Other Departments, Boards, Commissions or Agencies Tim Edgmon, ODC President will present this item to the City Council. Supporting Documents 5r-142 Approving ODC - Nacero EDA.docx, EDA - Nacero FINAL.pdf, STATE OF TEXAS § COUNTY OF ECTOR § ECONOMIC DEVELOPMENT AGREEMENT ODESSA DEVELOPMENT CORPORATION (GRANT) This Economic Development Agreement (the “Agreement”) is entered into by and between the Odessa Development Corporation, a Texas non-profit corporation, whose address is 411 West 8th Street, P.O. Box 4398, Odessa, Texas, 79760 (hereinafter referred to as “ODC”) and Nacero TX 1 LLC, a Delaware limited liability company, whose home office is located at Two BriarLake Plaza, Suite 1000, 2050 West Sam Houston Parkway South, Houston, Texas, 77042 (hereinafter referred to as “Company”). ODC and Company are each a “Party” and are collectively referred to herein as the “Parties”. ARTICLE I BACKGROUND 1.1 Purpose: ODC is a tax-supported Type A Economic Development Corporation whose primary income is from sales tax collected within the City of Odessa and dedicated exclusively to economic development. The sales tax supporting ODC is authorized as a local option under Chapter 501 of the Texas Local Government Code, also referred to as the Development Corporation Act of 1979 (“the Act”) and was enacted by the voters of Odessa in November 1997. ODC exists for the primary and public purpose of developing, stabilizing, diversifying, and expanding the Odessa economy through retention, expansion, and recruitment of employment opportunities in order to benefit citizens of Odessa and the surrounding area. 1.2 Project: Based on the expressed purpose, Company satisfies the requirements of Chapters 501 and 504 of the Local Government Code as a “project authorizing the expenditure of economic development sales tax.” It proposes a Project to design, engineer, construct, commission and operate a new natural gas processing and gasoline production facility that will convert natural gas to methanol, and methanol to gasoline. The new industrial facility is proposed to be constructed on land in the unincorporated community of Penwell in Ector County, Texas, approximately 12 miles west of Odessa, Texas. Company is classified as #325199 of the North American Industry Classification System (NAICS) in Ector County, Texas. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, it is agreed as follows: ARTICLE II ECONOMIC DEVELOPMENT GRANT 2.1. Term: This Agreement becomes effective on the last date of execution hereof (“Effective Date”) and shall continue for a period of ten (10) years, unless sooner terminated by mutual agreement of the Parties, or upon an earlier termination as hereinafter provided. 2.2. Jobs: Company agrees to have in place no less than 310 Full-Time Equivalent Jobs in year 6, increasing to 330 in year 7 and maintained at 330 through year 10 as provided in the table below. For the purposes of this Agreement, Company may include Full-Time Equivalent Jobs of a wholly S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21 Page 1 of 15 owned subsidiary of Company if those employees are employed to work full-time on the site described herein. Number of Jobs (*) Annual Salaries Paid Year 6 310_ $_25,000,000 Year 7 330_ $_27,000,000 Year 8 330_ $_27,000,000 Year 9 330_ $_27,000,000 Year 10 330_ $_27,000,000 Total 330_ $_27,000,000 (*) This does not include contract maintenance, on a daily schedule, of approximately 100 FTE’s to be contracted to a third-party maintenance company by Nacero. The following requirements apply: .1 Company shall exercise its commercially reasonable efforts to advertise for bids with notice to local contractors. .2 Company shall exercise its commercially reasonable efforts to employ Odessa residents and to advertise the availability of job openings, taking into consideration cost and the requirements for the job. .3 For purposes of determining new jobs created or existing jobs retained, individual owners of 20% or more ownership of the company shall not be counted. .4 A Full-Time Equivalent Job (“FTE”) is defined as a job requiring a minimum of 1,820 hours of work per year, including allowance for vacation and sick leave. The FTE calculation may be used to calculate the number of jobs. .5 For purposes of determining new jobs created, a non-Odessa employee of Company or a wholly owned subsidiary of Company that transfers to the project site shall be counted as a new job. .6 Job retention is defined as a job which would have been eliminated without financial assistance. In addition, such payments must be for economic development and not simply as a subsidy to support a failing business. 2.3. Investment: Company agrees to own or lease and cause improvements to be constructed on the properties that Nacero has options to purchase within one year of the Effective Date. These properties, totaling approximately 2,530 acres are described in Exhibit A to this Agreement (the “Property”) Company warrants and by this Agreement commits to expend $5.2 billion (estimated total installed cost for 4-trains, in which construction is anticipated to begin in the first quarter of 2022). Nacero anticipates continued development of an additional 2-trains in which the Company commits to expend $2.1 billion (construction is anticipated to begin in 2026); therefore, the total investment for trains 1 through 6 that the company will expend no less than $7.3 billion (“Full Investment”). Company agrees to the investment schedule for years 1 through 5 as provided in the table below: S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21 Page 2 of 15  Year 1 at least $100 Million total Year 2 at least $1 Billion cumulative total Year 3 at least $3 Billion cumulative total Year 4 at least $5.2 Billion cumulative total/4 trains total investment Year 5 Maintain $5.2 Billion cumulative total and Production of gasoline 2.4. Operation of Business: Subject to the conditions as set forth herein, Company agrees to operate its enterprise on said Property as described in Section 1.2 at least until the end of the term designated herein. 2.5. Law: The parties are aware of statutory limitations on this grant and the use of funds under Chapter 501 and 504 of the Local Government Code and acknowledge that the funds herein granted or guaranteed shall be utilized solely for purposes authorized under that law and by the terms of this Agreement. 2.6. Termination: This Agreement shall remain in full force and effect until terminated by either Party by giving the other Party thirty (30) days’ advance written notice of its election to terminate in accordance with Section 5.10 herein. If a Party defaults in the performance of any of its obligations under this Agreement and fails to cure such default within thirty (30) days of receipt of written notice of such default, the non-defaulting Party may immediately terminate this Agreement by delivering written notice to the defaulting Party . The termination of this Agreement shall extinguish all rights, duties, obligations, and liabilities of ODC and Company under this Agreement, except all rights, duties, obligations, and liabilities accrued prior to such termination shall survive termination. ARTICLE III ECONOMIC INCENTIVES FOR DEVELOPMENT 3.1 Incentives: ODC shall provide the following type of incentive in the designated amount and in accordance with the payment schedule below, subject to annual confirmation of Company’s compliance with the terms and conditions of this Agreement. Type of Incentive Payment Grant $20,000,000 The following payment schedule has been approved by the ODC over the 10-year Term, provided Company remains in compliance with the terms and conditions set forth herein: Year 1 $2,000,000 Year 2 $2,000,000 Year 3 $2,000,000 Year 4 $2,000,000 Year 5 $2,000,000 Year 6 $2,000,000 Year 7 $2,000,000 Year 8 $2,000,000 Year 9 $2,000,000 Year 10 $2,000,000 Total Grant: $20,000,000 S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21 Page 3 of 15 If Company does not reach investment benchmark in any year during the first five (5) year Term, the incentive payment for that year shall be prorated based on the total percentage that the actual investment provided by Company in such year to the investment required by this Agreement. If Company does not reach Full Employment in any year during years 6 through 10 of the Term, the incentive payment for that year shall be prorated based on the total percentage that the actual full-time and full-time equivalent jobs provided by Company in such year to the total jobs required by this Agreement. 3.2 Payments: Company acknowledges that ODC must complete its audit to substantiate Company’s compliance prior to making a payment. .1 Company agrees that ODC will only be required to pay funds from moneys currently collected and budgeted by means of the economic development sales tax; and in the event that there are not sufficient funds for purposes of this Agreement, then the funding for this Agreement shall not be offset or charged against any other funds of ODC or the City of Odessa. .2 Payments to be made to Company shall require a written request for payment including a signed W-9 tax identification form for the current year and completion of the required reporting pursuant to 4.1 below, including providing all supporting documentation as required herein. The payment request and documentation should be directed to the Office of the City Attorney, Odessa Development Corporation, 411 W. 8th Street, P. O. Box 4398, Odessa, Texas 79760, or emailed to legal@odessa-tx.gov. .3 Company understands that its delay in submitting the required reporting documents within thirty (30) days could cause a delay in a timely audit and/or payment. .4 ODC shall have thirty (30) days to make payment after receipt of verification of compliance under this Agreement. ARTICLE IV SPECIAL CONDITIONS 4.1 Reports and Monitoring: Company agrees to the following reporting and monitoring provisions: .1 Company shall certify annually to ODC that Company is in compliance with each applicable term of this Agreement. Company shall also provide the compliance documentation as provided herein, and any other reports as ODC may reasonably deem necessary, and Company shall provide such documentation within thirty (30) days of its receipt of such request. .2 Company shall submit the following documentation to show compliance with the job requirement: a. Listing of employees for the reporting period including the following information for each employee: i. Employee name [or Unique Identity Number] and address ii. Employment status (active/inactive) iii. Hire date S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21 Page 4 of 15  iv. Termination date, if applicable v. Number of hours worked during the reporting period vi. Wages for the reporting period b. Texas Workforce Commission reports containing payroll data for the reporting period, c. IRS Forms 941 for the reporting period .3 Company shall submit the following documentation to show compliance with the investment requirement: Invoices and cancelled checks indicating vendor payment, Ector County Appraisal District valuations, contracts, or similar forms of documentation showing at least the minimum amount of investment required by the Agreement. .4 Company shall submit the following documentation to show compliance with the insurance requirement: Proof of property insurance to protect the property from all risks of direct loss or damage. .5 Company agrees that an audit shall be conducted by ODC on an annual basis by an independent third party with professional accounting qualifications, selected and paid for in full by ODC, to verify the annual status report and compliance with the Economic Development Agreement. The auditors performing the audit shall have access to and the right to examine all records and accounts directly relating to this Agreement and such other Company records and accounts as may be reasonably necessary to conduct and complete the audit and may make an onsite visit to Company’s accounting/human resource department to verify the information. .6 Company understands that any discrepancies or notable findings in the completed audits must be approved by the Compliance Committee prior to being reviewed by the ODC Board. .7 Company agrees and acknowledges that all requirements of this section shall also apply to any wholly owned subsidiary of Company if Company chooses to report any FTE of that wholly owned subsidiary to meet the requirements of this Agreement. Company further agrees and acknowledges that additional documentation may be required to prove to ODC that any reported FTE of a wholly owned subsidiary of Company comply with all the requirements of this Agreement, and that a failure of Company to provide such documentation or to comply with the other requirements of this section shall result in those FTE not being counted toward the requirements of this Agreement. 4.2 Insurance: Regarding existing improvements or any required expenditures on the Property or the commencement of construction, Company agrees to comply with the following insurance requirements: .1 Company shall, at its sole expense, obtain and maintain property insurance to protect the Property from “All Risks” of direct physical loss or damage for the entire term of this Agreement. Company agrees that a Builder’s Risk policy will be maintained during construction. .2 Certificates of the policy referred to shall be deposited by Company with the City of Odessa’s Risk Management department thirty (30) days prior to the renewal or anniversary date of the term of any such policy. Failure on the part of Company to obtain a new policy before the date fixed for the cancellation of an existing policy, so that the S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21 Page 5 of 15  insurance referred to shall be continuously in effect, will constitute a default on the part of Company entitling ODC, at its option, to terminate Company’s rights under this Agreement and to recapture any unearned incentives. .3 In the event the building is damaged by fire or other insured cause and Company chooses not to reconstruct the building and place it back in operation, ODC shall be entitled to receive funds equal to the amount to be recaptured by ODC under this Agreement and terminate this Agreement, in which event Company would not be entitled to receive any payments following such termination. .4 Company shall also maintain such additional insurance as may be required in its judgment and experience to adequately protect itself in connection with the activities to be performed pursuant to this Agreement. 4.3 Covenants: Company makes the following covenants to ODC and agrees that in the event of failure of Company to comply with such covenants, the breach of any one of which, if left uncured for more than thirty (30) days following Company’s receipt of written notice from ODC concerning such breach, shall constitute an event of default and ODC may terminate this Agreement at its sole discretion: .1 Company is a legal entity duly organized and existing in good standing and is duly authorized to do business in the State of Texas. .2 The execution of this Agreement has been duly authorized by its board of directors or an officer of Company empowered to execute such agreements and bind Company and is not in contravention of any law, rule, or regulations or of the provisions of Company’s articles of incorporation or by-laws or of any agreement or instrument to which Company is a party or by which it may be bound. .3 No material litigation or governmental proceeding is pending or, to the knowledge of any of Company's officers, threatened against or affecting Company, that would prevent Company from performing this Agreement. .4 No certificate or statement delivered by Company to ODC in connection herewith, or in connection with any transaction contemplated hereby, contains any knowingly untrue statement, or fails to state any fact necessary to keep the statements contained therein from being misleading. .5 There are no bankruptcy proceedings, or other such proceedings currently pending or contemplated by Company. .6 Company shall pay all ad valorem taxes due and owing by it to the City of Odessa and all other taxing authorities having jurisdiction. In addition, Company will pay all employment, income, franchise, and all other taxes due and owing by it to all local, state, and federal entities. 4.4 Suspension: ODC, under the following circumstances, at its sole discretion, may suspend its obligations under this Agreement or may terminate this Agreement: S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21 Page 6 of 15  .1 The insolvency of Company. “Insolvent” is defined to mean Company either has generally ceased to pay its debts in the ordinary course of business, has admitted in writing its inability to pay its debts as they become due, or is insolvent within the meaning of the federal bankruptcy law. .2 The appointment of a receiver of Company, or of all or any substantial part of its property, and the failure of such receiver to be discharged within sixty (60) days thereafter. .3 The adjudication of Company as a bankrupt. .4 The filing by Company of a petition to be adjudged bankrupt or a petition or answer seeking reorganization or admitting the material allegations of a petition filed against it in any bankruptcy or reorganization proceeding. ARTICLE V GENERAL TERMS 5.1 Entire Agreement: This Agreement, including all attachments, exhibits, and addenda, embodies the complete agreement of the Parties hereto, superseding all oral or written, previous and contemporaneous agreements between the Parties relating to matters in this Agreement. In the event of conflicting provisions between this Agreement and the attachments, this Agreement shall be controlling. 5.2 Amendments/Modification to Agreement: This Agreement, and any exhibits, attachments, or addendum, may be amended or modified only by a written instrument executed by all Parties. If there are any conflicts between the Amendment and a previous version, the terms of the Amendment will prevail. 5.3 Legal Relationships: No term or provision of this Agreement or act of Company in the performance of this Agreement shall be construed as making Company, or its employees, the agent, servant, employee, or contractor of the City of Odessa (“City”) or ODC. The City’s approval of this Agreement is required by the ODC Articles of Incorporation and Bylaws. The City is a third-party beneficiary and not a direct party to this Agreement. 5.4 Venue: The obligations of the parties to this Agreement are performable in the City of Odessa which is located primarily in Ector County, Texas, and if legal action is necessary to enforce same, exclusive venue shall lie in Ector County, Texas. 5.5 Applicable Laws; Governing Law: .1 This Agreement is subject to all legal requirements in the City Charter, the Code of Ordinances and all other applicable state and federal laws and Company agrees that it promptly will comply with all such applicable laws, regulations, orders, and rules of the State, City, and other such governmental agencies. .2 This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21 Page 7 of 15 5.6 Legal Construction: In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. There shall not be a higher duty or responsibility for any party because they draft the agreement. 5.7 Representation: Company represents that no ODC board member, City officer, or employee, has been compensated in any way with respect to this Agreement and its consideration. In no event will Company pay a fee to or in any other manner compensate any ODC board member, City officer, or employee, in connection with the approval of this Agreement. A breach under this Article shall result in automatic termination under this Agreement by Company. 5.8 Assignment: This Agreement may only be assigned with the mutual written consent of both parties. This Agreement may not be assigned to an entity that is exempt from ad valorem property taxes. If the assignment by Company is to an entity that is exempt from ad valorem property taxes or not approved by ODC and City, the total grant amount shall be repaid by Company to ODC within 60 days. 5.9 Representatives Not Personally Liable: No official agent, employee, or representative of ODC, City, or Company shall be personally liable in the event of any default or breach by any party under this Agreement or for any amount which may become due to any party or on any of the obligations under the terms of this Agreement. 5.10 Notices: All notices, communications, and reports required or permitted under this Agreement shall be personally delivered, delivered by electronic means, or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the address shown below. Mailed notices shall be deemed communicated as of five (5) days after mailing. If intended for ODC to: Norma Aguilar-Grimaldo ODC Assistant Secretary P.O. Box 4398, Odessa, Texas 79760-4398 Phone: (432) 335-3276 Email: cs@odessa-tx.gov If intended for Company to: Nacero TX 1 LLC Attn.: Jay McKenna, President and CEO Two BriarLake Plaza, Suite 1000 2050 West Sam Houston Pkwy South Houston, Texas 77042 5.11 Indemnity: Company shall indemnify and hold harmless ODC and City, their respective officers, employees, and agents from any and all claims, liabilities, losses, damages. and expenses arising out of or in any manner connected with this Agreement, but only to the extent resulting from or caused by the negligence, gross negligence, willful or intentional act or omission of Company, its officers, employees, and agents, and including all expenses, attorney’s fees, and court costs which may be reasonably incurred by City or ODC in litigation or in resisting any such claims or such causes of action. S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21 Page 8 of 15 5.12 Other Contracts: It is understood by Company that ODC has heretofore entered into and may hereafter enter into contracts with other companies or persons upon terms and conditions different from the terms and conditions of this Agreement and Company has no objection whatsoever to any such other contracts. 5.13 Discrimination: Company agrees that as to all of the programs and activities arising out of this Agreement, it shall comply fully with all Civil Rights Acts and specifically will not discriminate against any person on the basis of race, color, national origin, sex, or by reason of being disabled. 5.14 Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. ARTICLE VI CHAPTER 2264, TEXAS GOVERNMENT CODE 6.1 Purpose: The purpose of this Article is to comply with H.B. 1196 (Chapter 2264, Texas Government Code) adopted in the 2007 Legislative Session by the State of Texas. The terms used are as defined in the statute. 6.2 Conditions: Company agrees to the following conditions: .1 Company certifies that the business, or a branch, division, or department of the business, does not and will not knowingly employ an undocumented worker. An undocumented worker means an individual who, at the time of employment, is not: (A) lawfully admitted for permanent residence to the United States; or (B) authorized under law to be employed in that manner in the United States. .2 Company agrees that ODC is an “economic development corporation” as defined in the statute and the benefit or assistance provided to Company is a “public subsidy” as defined in the statute. .3 If after receiving the public subsidy, Company, or a branch, division, or department of Company, is convicted of a violation under 8 U.S.C. Section 1324a(f), Company shall repay the amount of the public subsidy with interest not later than the 120th day after the date ODC notifies Company of the violation. Interest shall begin to accrue on the day that Company is given notice of the violation at a rate of one percent (1%) per month. Interest stops accruing on the date Company mails or electronically transmits payment. .4 ODC may bring a civil action to recover any amounts owed to ODC under this Article and Chapter 2264, including court costs and attorney fees. .5 Company is not liable for a violation of this Article and Chapter 2264 by a subsidiary, affiliate, or franchise of Company, or by a person with whom Company contracts. [Signature Pages Follow] S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21 Page 9 of 15  EXECUTED this the ____ day of _______________, 2021, by ODC, signing by and through its Board President, duly authorized to execute same and by Company, acting through its duly authorized officials. ATTEST: “ODC” Odessa Development Corporation By: Norma Aguilar-Grimaldo, City Secretary and Tim Edgmon, Board President ODC Assistant Secretary “COMPANY” Nacero TX 1 LLC By: Jay McKenna, President and CEO APPROVED AS TO FORM: FOR APPROVAL ONLY: “CITY” City of Odessa By: Natasha Brooks, City Attorney Michael Marrero, City Manager S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21 Page 10 of 15  ODC STATE OF TEXAS § COUNTY OF ECTOR § This instrument was acknowledged before me on the ______ day of __________________, 2021, by Tim Edgmon, President of the Odessa Development Corporation. Notary Public in and for the State of Texas COMPANY STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the ______ day of __________________, 2021, by Attn.: Jay McKenna, President and CEO of Nacero TX 1 LLC. Notary Public in and for the State of Texas S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21 Page 11 of 15  EXHIBIT A PROPERTY DESCRIPTION PAGE 1 OF 4 METES & BOUNDS DESCRIPTION OF A 2,531.45-ACRE TRACT LOCATED IN SECTIONS 33, 34, 35, 40, 41, 42, 43, AND 44 BLOCK 44 T-2-S AND SECTION 6, BLOCK 44 T-3-S T&P RR CO. SURVEY ECTOR COUNTY, TEXAS BEING THE 2,531.45-ACRE PERIMETER OF ALL OF THE LAND DESCRIBED IN DOCUMENT NO. 2019-00009316 DEFINED AS A 601.10-ACRE TRACT LOCATED IN SECTIONS 43 BLOCK 44, T-2-S AND SECTION 6, BLOCK 44 T-3-S, A 6.27-ACRE TRACT LOCATED IN SECTIONS 43 AND 44, BLOCK 44, T-2-S, A 2.39-ACRE TRACT LOCATED IN SECTION 42 BLOCK 44, T-2-S, A 13.30-ACRE TRACT LOCATED IN SECTIONS 44, BLOCK 44 T-2-S AND SECTION 6, BLOCK 44 T-3-S, A 30.00-ACRE TRACT LOCATED IN SECTIONS 42, 41, 40, 33, 34, & 35 BLOCK 44 T-S-S, AN 11.52-ACRE TRACT AND A 1.03- ACRE TRACT LOCATED IN SECTION 42, BLOCK 44, T-2-S, THE REMAINING 610.08- ACRES LOCATED IN SECTION 44, BLOCK 44, T-2-S, THE REMAINING 618.66-ACRES IN LOCATED IN SECTION 42, BLOCK 44 T-2-S, AND TH REMAINING 636.99 ACRES IN SECTION 44, BLOCK 44 T-2-S, T&P RR CO. SURVEY, ECTOR COUNTY TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS NORTH OF THE UNION PACIFIC RAILROAD AND SOUTH OF THE UNION PACIFIC RAILROAD FOLLOWS: NORTH OF THE UNION PACIFIC RAILROAD: BEGINNING AT (Y= 10,602,739.62’ & X= 1,591,811.58’) A ½” IRON ROD WITH CAP MARKED “LCA ODESSA TX” (CONTROL MONUMENT) FOUND AT THE SOUTHWEST CORNER OF SAID 601.10-ACRE TRACT AS DESCRIBED IIN DOCUMENT NO. 2019- 00009316 OF THE OFFICIAL PULIC RECORDS OF ECTOR COUNTY TEXAS, AND ON THE NORTHERN RIGHT-OF-WAY LINE OF THE 200-FOOT UNION PACIFIC RAILROAD (aka T&P RAILWAY CO.) RIGHT-OF-WAY, AND THE SOUTHERN LINE OF SAID 601.10-ACRE TRACT, THENCE NORTH 14°24’29” WEST WITH THE WEST LINE OF SAID 601.10-ACRE TRACT, PASS THE COMMON NORTH LINE OF SAID SECTION 6 AND THE SOUTH LINE OF SAID SECTION 43 AT 1,823.86 FEET, A TOTAL DISTANCE OF 7,111.72 FEET TO A ½” IRON ROD WITH CAP MARKED “LCA ODESSA TX” FOUND AT THE NORTHWEST CORNER OF SAID 601.10-ACRE TRACT ON THE COMMON NORTH LINE OF SAID SECTION 43 AND THE SOUTH LINE OF SECTION 42 OF SAID BLOCK 44; THENCE SOUTH 76°04’54” WEST WITH THE NORTH LINE OF SAID SECTION 43 AND THE SOUTH LINE OF SAID SECTION 42, A DISTANCE OF 1,200.95 FEET, TO A 2” IRON PIPE (WITH A 1” IRON PIPE CENTERED INSIDE) MARKED “S27 S28 B45 S42 S43 B44 T-2-S WA” (CONTROL MONUMENT) FOUND AT THE COMMON CORNER OF SAID SECTION 42 AND 43, AND SECTION 27 AND 28, BLOCK 45 T-2-S T&P RY CO SURVEY, ECTOR COUNTY TEXAS; S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21  EXHIBIT A PROPERTY DESCRIPTION PAGE 2 OF 4 THENCE NORTH 14°24’45” WEST WITH THE COMMON LINE OF SAID SECTIONS 42 AND 27, A DISTANCE OF 5,286.34 FEET TO A 2” IRON PIPE MARKED “S26 S27 B45 T-2-S S31 S42 B44 T-2-S WA” (CONTROL MONUMENT) FOUND AT THE NORTHWEST CORNER OF SAID SECTION 42, THE SOUTHEAST CORNER OF SECTION 31, BLOCK 44, THE SOUTHEAST CORNER OF SECTION 26 AND THE NORTHEAST CORNER OF SECTION 27, BLOCK 45; THENCE NORTH 76°05’03” EAST WITH THE NORTHLINE OF SAID SECTION 42 AND THE SOUTHLINE OF SAID SECTION 31, A DISTANCE OF 5,270.89 FEET TO A 5/8” IRON ROD WITH ALUMINUM CAP MARKED “LCA ODESSA TX” (CONTROL MONUMENT) SET AT THE COMMON NORTHEAST CORNER OF SAID SECTION 42, THE NORTHWEST CORNER OF SECTION 41, WHENCE A 1 ½” IRON PIPE FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 31 AND THE SOUTHWEST CORNER OF SECTION 32 OF SAID BLOCK 44 BEARS NORTH 76°05’05” EAST A DISTANCE OF 8.1 FEET; THENCE NORTH 76°05’05” EAST WITH THE NORTHLINE OF SAID SECTION 41 AND THE SOUTHLINE OF SAID SECTION 31, PASS A 1 ½” IRON PIPE FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 31 AND THE SOUTHWEST CORNER OF SECTION 32 OF SAID BLOCK 44 AT 8.1 FEET, CONTINUING WITH THE COMMON NORTHLINE OF SAID SECTION 41 AND THE SOUTHLINE OF SECTION 32, A TOTAL DISTANCE OF 5,329.24 FEET TO A 5/8” IRON ROD WITH ALUMINUM CAP MARKED “LCA ODESSA TX” (CONTROL MONUMENT) FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 42, THE SOUTHWEST CORNER OF SAID SECTION 41, THE NORTHWEST CORNER OF SECTION 44, AND THE NORTHEAST CORNER OF SECTION 43 OF SAID BLOCK 44, WHENCE A 1 ½” IRON PIPE (BENT) FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 40 BEARS NORTH 76°06’21” EAST, A DISTANCE OF 5,306.79 FEET; THENCE SOUTH 14°12’42” EAST WITH THE COMMON EAST LINE OF SAID SECTION 41 AND THE WEST LINE OF SAID SECTION 40, A DISTANCE OF 991.23 FEET TO A ½” IRON ROD WITH CAP MARKED “LCA ODESSA TX” SET ON THE NORTH LINE OF THAT CERTAIN 30.00-ACE TRACT AS DESCRIBED IN SAID DOCUMENT NO. 2019-00009316; THENCE NORTH 63°33’07” EAST WITH THE NORTH LINE OF SAID 30-00-ACRE TRACT AND THROUGH SECTIONS 40, 33, AND 34 OF SAID BLOCK 44, A DISTANCE OF 10,832.82 FEET TO A ½” IRON ROD WITH CAP MARKED “LCA ODESSA TX (CONTROL MONUMNET) FOUND AT A CUT-BACK CORNER; THENCE NORTH 24°40’10” EAST, PASS THE COMMON EAST LINE OF SAID SECTION 34 AND THE WEST LIN OF SECTION 35 OF SAID BLOCK 35 AT 5.97 FEET, IN ALL A TOTAL OF 31.14 FEET TO A ½” IRON ROD WITH CAP MARKED “LCA ODESSA TX” FOUND AT A CUT-BACK CORNER ON THE WEST RIGHT-OF-WAY LIN OF FM 866, WHENCE A ½” IRON ROD BY A LEANING TEXAS DEPARTMENT OF TRANSPORTATION CONCRETE MONUMENT(CONTROL MONUMENT) BEARS NORTH 14°12’25” WEST, A DISTANCE OF 4,469.17 FEET; S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21  EXHIBIT A PROPERTY DESCRIPTION PAGE 3 OF 4 THENCE SOUTH 14°12’47” EAST WITH THE RIGHT-OF-WAY OF SAID FM 866, A DISTANCE OF 101.39 FEET TO A ½” IRON ROD WITH CAP MARKED “LCA ODESSA TX” FOUND ATA CUT-BACK CORNER, WHENCE A TEXAS DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MONUMENT BEARS SOUTH 14°12’25” EAST, A DISTANCE OF 1,273.02 FEET; THENCE NORTH 65°19’50” WEST WITH SAID CUT-BACK, PASS THE SAID COMMON LINE OF SECTION 35 AND 34 AT 20.41 FEET, IN ALL A TOTAL OF 25.11 FEET TO A ½” IRON ROD WITH CAP MARKED “LCA ODESSA TX” (CONTROL MONUMENT) FOUND AT A CUT- BACK CORNER; THENCE SOUTH 63°33’07” WEST THROUGH SAID SECTIONS 34, 33, AND 40, A DISTANCE OF 10,832.82 FEET TO A ½” IRON ROD WITH CAP MARKED “LCA ODESS TEXAS SET ON THE COMMON EAST LINE OF SAID SECTION 41 AND THE WEST LINE OF SAID SECTION 40, THENCE SOUTH 14°12’42” EAST WITH THE COMMON EAST LINE OF SAID SECTION 41 AND THE WEST LINE OF SAID SECTION 40, A DISTANCE OF 4,233.85 FEET TO A 5/8” IRON ROD WITH ALUMINUM CAP MARKED “LCA ODESSA TX” (CONTROL MONUMENT) FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 41 AND THE SOUTHWEST CORNER OF SAID SECTION 40, THE NORTHWEST CORNER OF SECTION 45, AND THE NORTHEAST CORNER OF SECTION 44 OF SAID BLOCK 44, WHENCE A 1 ½” IRON PIPE (BENT) FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 40 BEARS NORTH 76°06’21” EAST, A DISTANCE OF 5,306.79 FEET; THENCE SOUTH 14°20’30” EAST WITH THE EAST LINE OF SAID SECTION 44 AND THE WEST LINE OF SAID SECTION 45, A DISTANCE OF 3,859.06 FEET TO A 5/8” IRON ROD WITH ALUMINUM CAP MARKED “LCA ODESSA TX” SET ON THE INTERSECTION ON THE NORTHERN RIGHT-OF-WAY LINE OF SAID UNION PACIFIC RAILROAD A 200-FOOT RIGHT-OF-WAY, WHENCE A 1” G.I.P. FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 44 AND THE SOUTHWEST CORNER OF SAID SECTION 45 BEARS SOUTH 14°20’30” EAST, A DISTANCE OF 1,434.43 FEET; THENCE SOUTH 56°54’07” WEST WITH THE NORTHERN RIGHT-OF-WAY LINE OF SAID UNION PACIFIC RAILROAD, PASS THE COMMON SOUTHLINE OF SAID SECTION 44 AND THE NORTH LINE OF SECTION 6, BLOCK 44, T-3-S AT 4,365.17 FEET, PASS A ½” IRON ROD WITH CAP MARKED “LCA ODESSA TX” (CONTROL MONUMENT) FOUND AT THE SOUTHEAST CORNER OF THAT CERTAIN 13.30-ACRE TRACT AS DESCRIBED IN SAID DOCUMENT NO. 2019-00009316 AND THE SOUTHEAST CORNER OF SAID 601.10-ACRE TRACT AT 5,558.59 FEET, CONTINUING WITH THE NORTHRN RIGHT-OF-WAY OF SAID UNION PACIFIC RAILROAD, A TOTAL DISTANCE OF 9,897.77 FEET N TO THE POINT OF THE BEGININNING CONTAINING 2,481.94 SURFACE ACRES. S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21  EXHIBIT A PROPERTY DESCRIPTION PAGE 4 OF 4 SOUTH OF THE UNION PACIFIC RAILROAD: BEING A 49.51-ACRE PORTION OF SECTION 44, BLOCK 44, T-2-S T&P RY CO. SURVEY ECTOR COUNTY, TEXAS, AND BEING THAT PORTION OF SAID SECTION 44 LYING ON THE SOUTH SIDE OF THE UNION PACIFIC RAILROAD (aka TEXAS PACIFIC RAILWAY CO.) A 200-FOOT RIGHT-OF-WAY AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT (Y= 10,606,754.79’ & X= 1,600,458.59’) A 1” G.I.P. (CONTROL MONUMENT) FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 44, THE SOUTHEAST CORNER OF SECTION 45, BLOCK 44, WHENCE A 1’ IRON PIPE FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 45 BEARS NORTH 76°09’06” EAST, A DISTANCE OF 5,296.07 FEET; THENCE SOUTH 76°05’05” WEST WITH THE SOUTHLINE OF SAID SECTION 44 AND THE NORTHLINE OF SECTION 5, BLOCK 44 T-3-S, A DISTANCE OF 3,524.77 FEET TO A 5/8” IRON ROD WITH ALUMINUM CAP MARKED “LCA ODESSA TX” SET ON THE INTERSECTION ON THE SOUTHERN RIGHT-OF-WAY LINE OF SAID UNION PACIFIC RAILROAD 200-FOOT RIGHT-OF-WAY; THENCE NORTH 56°54’07” EAST WITH THE NORTHERN RIGHT-OF-WAY LINE OF SAID UNION PACIFIC RAILROAD RIGHT-OF-WAY , A DISTANCE OF 3,724.77 FEET TO A 5/8” IRON ROD WITH ALUMINUM CAP MARKED “LCA ODESSA TX” SET ON THE INTERSECTION ON THE SOUTHERN RIGHT-OF-WAY LINE OF SAID UNION PACIFIC 200- FOOT RIGHT-OF-WAY AND THE EAST LINE OF SAID SECTION 44, WHENCE A 5/8” IRON ROD WITH ALUMINUM CAP MARKED “LCA ODESSA TX” SET ON THE EAST LINE OF SAID SECTION 44 AND THE NORTHERN RIGHT-OF-WAY LINE OF SAID UNION PACIFIC RAILROAD BEARS NORTH 14°20’30” WEST, A DISTANCE OF 211.22 FEET; THENCE SOUTH 14°20’30” EAST WITH THE COMMON LINE OF SAID SECTIONS 44 AND 45, A DISTANCE OF 1,223.21 FEET TO THE POINT OF THE BEGINNING CONTAINING 49.51 SURFACE ACRES. BEARINGS, DISTANCES AND COORDINATES ARE RELATIVE TO THE TEXAS COORDINATE SYSTEM, 1983 NAD, CENTRAL ZONE, WITH THETA ANGLE OF -01°09’47” AND A COMBINED GRID FACTOR OF 0.999828936. ACREAGE STATED IS AVERAGE SURFACE. S:\LECH_SHARE\(C) Contracts\(C-7) Economic Development\(C-7-353)\EDA – Nacero FINAL 06.08.21  RESOLUTION NO. 2021R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE ODESSA DEVELOPMENT CORPORATION AND NACERO TX 1 LLC; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Nacero TX 1 LLC (“Company”) proposes to operate a natural gas processing and gasoline production facility that will convert natural gas to methanol, and methanol to gasoline, classified as #325199 of the North American Industry Classification System (NAICS) in Ector County, Texas, which satisfies the requirements of Chapters 501 and 504 of the Local Government Code as a “project authorizing the expenditure of economic development sales tax.”; and WHEREAS, Company will make a capital investment of at least Seven Billion Dollars to design, engineer, construct, and commission this facility on a site in Ector County and create at least 400 permanent jobs; and WHEREAS, based on the amount of investment and number of jobs and payroll during the term of the agreement, Company qualifies for a total grant of Twenty Million Dollars to be paid out over 10 years if Company maintains compliance with all terms and conditions of a future economic development agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: 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 an economic development agreement between the Odessa Development Corporation and Nacero TX 1 LLC in the amount of Twenty Million Dollars is approved. Section 3. That the City Manager or his designee is authorized to execute any documents necessary to implement this resolution. Section 4. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 15th 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: Resolutions\5r-142 – Approving ODC - Nacero EDA Page 1 of 2  Approved this the 15th of June, A.D., 2021. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Natasha Brooks, City Attorney CB: Resolutions\5r-142 – Approving ODC - Nacero EDA Page 2 of 2  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 County Ellen Friar - Ward Barbara Coleman - City of New Braunfels county Diana Allen - wise Gwyn Hughes, Frenship lsD county cheryl Lowry - Hunt Mande Reeves - Lubbock county Ken Bass - McLennancounty 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 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 DETOUR b ROUTE GRANT AVE TEXAS AVE 5TH STREET TEMPORARY f ROAD CLOSURE 4TH STREET ´ 1 inch = 121 feet  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 Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents First Amended and Restated Interlocal Agreement GCA.pdf,  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,  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  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 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  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,  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.  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 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