City Council

PUBLIC NOTICE City Council Work Session Agenda City Hall, City Council Chambers – 5th Floor 411 W. 8th Street Odessa, TX Tuesday, March 1st, 2022 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, March 1st, 2022 in the 5th Floor, City Council Chambers, City Hall, 411 W. 8th St, Odessa, Texas for the following purposes: Call to Order SEE ATTACHED AGENDA 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 February 2022 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, March 1st, 2022 3:00 p.m. Call to Order Invocation – Councilwoman Detra White 1. Presentation from Sci-Fi Networks regarding Fiber Deployment Shawn Parker 2. Discussion on NetOps Project Tracy Jones 3. Consider authorizing the abandonment of alley right-of-way located in Block 43, Original Town Yervand Hmayakyan 4. Consider a resolution authorizing OPD to apply for, accept and amend budget to appropriate awarded Mike Gerke funds and authorizing the expenditure of awarded grant funds from the Project Safe Neighborhood Program FY 2023 5. Discuss City owned property located at 221 E. 4th Street Phillip Urrutia 6. Consider a resolution allocating $1,000,000 from the reserved State and Local Hotel Occupancy Tax Michael Marrero to Odessa College for the purpose of a downtown revitalization project Adjourn  RESOLUTION NO. ODC-2021R- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ODESSA DEVELOPMENT CORPORATION APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT WITH NET OPS COMMUNICATIONS, LLC; AUTHORIZING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Net Ops Communications, LLC ( proposes to operate a residential, business, and industrial internet service provider and telecommunications company, classified as #518111 of the North American Industry Classification System (NAICS) in Ector County, Texas. The Company will increase primary jobs which satisfies the requirements of Sections 501 and 504 of the Local Government Code; and WHEREAS, the Company has plans to construct a hybrid fiber and wireless network for rural internet in Ector County. The total capital investment will be approximately $14 million; and WHEREAS, the Company will retain 4 jobs and will add 18 more jobs during the term of the agreement. Over the next 5 years this will translate in to approximately $_____ in annual payroll; and WHEREAS, based on the number of jobs and payroll over the next 5 years, the Company qualifies for a total grant of $_____ to be paid out over the 5-year-period if the Company maintains compliance with all terms and conditions of the agreement; 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 an Economic Development Agreement with Net Ops Communications, LLC in the amount of $_____ 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 18th day of October, 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 EDA with Net Ops Communications Page 1 of 2  Approved the 18th day of October, 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 EDA with Net Ops Communications Page 2 of 2 I. Contact Information Applicant/Business Name (Exact legal name i.e. Corporation, LLC, Limited Partnership) Net Ops Communications, LLC Mailing Address 13020 Highway 191, Suite E Physical Address (If different from mailing address) City State Zip Code Midland TX 79707 Phone Number/ Office Fax Number 432-362-3836 Phone Number Cell 432-631-7852 Email Address Website Mitchell@netopscom.net www.netopscom.net Applicant's Representative Title Mitchell Block President Odessa Development Corporation and the City of Odessa are public entities subject to the Open Records Act (CH. 552, Gov. Code). Applicant waives all rights to confidentiality regarding information it conveys to the Chamber, ODC, and the City of Odessa, unless it identifies in writing the information that is subject to confidentiality and such non-disclosure does not violate the Open Records Act. 4-9-21 Applicant's Signature Date 2 II. Project Information 1.Description of the Project and Type of Business 2. the estimated new capital investment for equipment and furniture; 3. percentage of physical assets purchased in Odessa; 4. list of new machinery, equipment and other physical assets. 1. Net Ops Communications, Internet Service Provider. Construction of hybrid fiber and wireless network for rural internet in Ector county. 2. Estimated cost for network construction and new equipment is $14 million. 3. Odessa does not have a distributor network for Fiber Optics. 4. Installer trucks, bucket trucks, trailers, backhoes, directional drills, plowing tractors, fiber blowers, drop cable plows, estimated 300miles of fiber distribution line, 3  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 3/8/2022 Yervand Hmayakyan Public Works No Work Session? Contacted Legal? Item Type Yes Yes Consent Resolution, CAPTION Consider authorizing the abandonment of alley right-of-way located in Block 43, Original Town (Resolution). SUMMARY Prosperity Bank has requested that the City abandon 0.069-acre tract of land being a portion of alley right-of-way between Texas Avenue and Jackson Avenue and north of 6th Street. The City will retain a 24 feet access and utility easement as part of a replat. The existing utilities will be re-routed through the dedicated access and utility easement. The abandonment will facilitate a commercial development (Prosperity Bank). Prosperity Bank has agreed to the compensation due for this abandonment. The $10,237 check for alley abandonment has been provided. City staff recommends approval of this item. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 4r-051 Alley Abandonment 3,002 square foot portion of alley Block 43 Original Town 2.2.22.docx, 4r-051 Exhibit A and B Alley Abandonment 3002 square foot portion of alley Block 43 Original town.pdf, Exhibit.pdf,  N E IBIT B W s on a l Se r Per vic e OF A 3,002 S.F. PORTION T od a or r ow OF T E ALLEY T ROUG BLOC 43 y a nd T om E ORIGINAL TOWN S ODESSA, ECTOR COUNTY, TE AS E:\2021\2021-038\Drawing\Drafting\Exhibit\2021-038 20' Alley Abandonment Exhibit.dwg, 2/1/2022 2:35:32 PM, DWG To PDF.pc3 ENVIRONMENTAL CIVIL ENGINEERING LAND SURVEYING ENG. ________ E.T. ________ 521 North Texas, Odessa Tx. 79761 F-001363 F-10034300 SVY. ________ DFT. ________ Phone # (432) 332-5058 E-Mail : lca@lcaodessa.com LCA JOB No. 2021-038 Personal Service, Today and Tomorrow  700 700 700 700 8'' PVC E 7th St MH527A034 100 100 8" VC-CIPP 200 200 8" VC-CIPP 300 300 WV-3579 WV19957 6'' PVC WV-3578 FH-1574 WV-10428 WV-10429 PROPOSED N Ja c k s o n A ve 24' ACCESS & UTILITY EASEMENT N Tex a s A ve 2 !! 2 !! 600 600 8'' PVC 20' ALLEY TO BE ABANDONED PROPOSED SEWER PROPOSED WATER (3,002 S.F. = 0.069 AC.) 600 600 6" PVC MH527A017 6" PVC 100 100 200 200 E 6th St 12" PVC 12" PVC 2 !! 300 300 12" WV10340 WV-7380 PVC 12'' PVC WV15823 12'' PVC WV-7381 FH-1461 FH-1600 WV-3580 500 500 The City provides this information "as is" without warranty of any kind and explicitly disclaims any representations and warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. The City assumes no liability for any errors, omissions or inaccuracies in the data provided regardless of how caused. Use of this data indicates a user's unconditional acceptance of all risks associated with the use of this information. ALLEY ABANDONMENT FOR PROSPERITY BANK /  RESOLUTION NO. 2021R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, AUTHORIZING THE ABANDONMENT AND CONVEYANCE OF 3,002 SQUARE FEET OF ALLEY LOCATED IN BLOCK 43, ORIGINAL TOWN, ODESSA, ECTOR COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the adjacent property owner has requested that the property be abandoned; and WHEREAS, the adjacent property owner is paying fair market value as determined by the Ector County Appraisal District; and; WHEREAS, the said property is in need of replatting in order to define drainage, traffic circulation, and public and private property ownership, which will provide a public purpose; and WHEREAS, the City of Odessa believes that a valid public need will be served by the abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That approximately 3,002 square feet of alley located in Block 43, Original Town, Odessa, Ector County, Texas, more particularly described by metes and bounds in Exhibit “A” and by map in Exhibit “B”, is hereby abandoned as a public alley right- of-way. Section 2. That said property is hereby authorized to be conveyed to the adjacent property owner for its fair market value consideration of Ten Thousand Two Hundred Thirty- Seven Dollars ($10, 237.00) as determined by the Ector County Appraisal District. Section 3. That said property is in need of replatting in order to define drainage, traffic circulation, and public and private property ownership, which in doing so will provide a public purpose. Section 4. That the City of Odessa believes that a valid public need will be served by the abandonment. Section 5. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 8th day of March, A.D., 2022, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ NE: Resolutions\4r-051 Alley Abandonment 3,002 square foot portion of alley Block 43 Original Town 2.24.22 Page 1 of 2  Approved this the 8th of March, A.D., 2022. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Natasha Brooks, City Attorney NE: Resolutions\4r-051 Alley Abandonment 3,002 square foot portion of alley Block 43 Original Town 2.24.22 Page 2 of 2  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 3/8/2022 Mike Gerke Police Yes Work Session? Contacted Legal? Item Type Yes Yes Consent Resolution, CAPTION Consider a resolution authorizing the City of Odessa Police Department to apply for and accept, $134,185.56, as additional revenue; amending the fiscal budget appropriate awarded funds and authorizing the expenditure of awarded grant funds from the Project Safe Neighborhoods Program, FY2023. (-RESOLUTION-) SUMMARY The one year grant is for projects designed to create and foster safe neighborhoods through a sustained reduction in violent crime, including, but not limited to, addressing criminal gangs and felonious possession and use of firearms. The Odessa Police Department will utilize funds to purchase surveillance equipment, accessories, and supplies. The equipment will help expand the foundation of placing incident management cameras in violent crime hot spots to empower Officers and Detectives with video needed to view real time crimes. The video will support the identification and subsequent investigation for successful prosecution. There is no cash match. Grant Funds: $134,185.56 FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2023 Grant Revenue No Available Funds Budget Est/Actual Cost Difference This Agenda Item: $ $134185.56 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $134185.56 Transfer Amount: $ Appropriation By: Grant, Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 2r-639 Apply for Accept Approp Expend Project Safe Neighborhoods Program 2022.pdf,  RESOLUTION NO. 2022R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, AUTHORIZING THE ODESSA POLICE DEPARTMENT TO APPLY FOR AND ACCEPT A DIRECT AWARD IN THE AMOUNT OF $134,185.56 FROM THE PROJECT SAFE NEIGHBORHOODS PROGRAM, FY 2022; AUTHORIZING AMENDING OF THE FISCAL YEAR BUDGET TO APPROPRIATE AWARDED GRANT FUNDS AS ADDITIONAL GRANT REVENUE AND AUTHORIZING THE EXPENDITURE OF AWARDED GRANT FUNDS FOR PURCHASING SURVEILLANCE EQUIPMENT, ACCESSORIES, AND SUPPLIES TO FACILITATE INFORMATION GATHERING IN AN AMOUNT NOT TO EXCEED $134,185.56; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS; AND DECLARING AN EFFECTIVE DATE WHEREAS, the Office of the Governor, Public Safety Office, Criminal Justice Division, has announced that it is accepting applications for the Project Safe Neighborhoods Program, FY2022, a one-year grant for projects designed to create and foster safer neighborhoods through a sustained reduction in violent crime, including, but not limited to, addressing criminal gangs and felonious possession and use of firearms; and WHEREAS, the Odessa Police Department requests authorization to apply for an award of $134,185.56, with which it will purchase surveillance equipment, accessories, and supplies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That the City Council of the City of Odessa authorizes the City of Odessa Police Department to apply for and accept a direct award from the Project Safe Neighborhoods Program, FY2022 in the amount of $134,185.56. Section 2. That a cash match is not required. Section 3. That the City Council of the City of Odessa authorizes amendment of the 2021-2022 fiscal year budget to appropriate awarded grant funds in the amount of $134,185.56 as additional grant revenue. Section 4. That the City Council of the City of Odessa hereby authorizes the expenditure of awarded grant funds, in an amount not to exceed the granted amount, for said purpose. Section 5. That the City Council of the City of Odessa hereby assures that, in the event of loss or misuse of grant funds, the City of Odessa will return to the Office of the Governor all funds received by this grant. Section 6. That the City Council of the City of Odessa hereby authorizes the City Manager to execute any necessary documents to implement this resolution. SD: RES\ 2r-639 – Apply for, Accept, Approp, Expend Project Safe Neighborhoods Program 2022\ 02-16-2022 Page 1 of 2  Section 7. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 08th day of March, A.D., 2022, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ Approved the 08th day of March, A.D., 2022. ______________________________ Javier Joven, Mayor ATTEST: _______________________________ Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: _______________________________ Natasha Brooks, City Attorney SD: RES\ 2r-639 – Apply for, Accept, Approp, Expend Project Safe Neighborhoods Program 2022\ 02-16-2022 Page 2 of 2  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 3/1/2022 Michael Marrero City Manager's Office Yes Work Session? Contacted Legal? Item Type Yes Yes Regular Resolution, CAPTION Consider a resolution allocating $1,000,000 from the reserved State and Local Hotel Occupancy Tax to Odessa College for the purpose of a downtown revitalization project. (RESOLUTION) SUMMARY Both the Conference Center and Ground Lease entered into by the City with Eofficial on November 8, 2016, include provisions whereby the City agrees to retain 100% of state and local Hotel Occupancy Tax (HOT) funds received by the City from the operation of the Odessa Marriott Hotel and Conference Center (Marriott) for up to 3 years to assist Eofficial in offsetting any loss arising from the operation of the hotel and conference center for any particular year within the 3 year period. Eofficial has foregone asking for the funds to supplement any loss from operations and instead has opted that the funds retained by the City under these provisions be used towards a downtown revitalization project. Odessa College is in the process of designing a multiphase project to develop a multi-use space in downtown Odessa for both Odessa College’s students and the community. The design is currently about 75% complete with the first phase including a green space and other outdoor amenities such as a splash pad, performance stage and outdoor seating. The second phase will include a multi-story building to house coworking office spaces, business development support for local entrepreneurs, community education courses, college classes and additional learning opportunities. The total cost of this project is estimated to be $15,548,580.00 On September 28, 2021 Council approved a resolution authorizing a donation agreement with Odessa College for the transfer of the land necessary to achieve this project. During the first two years of operations, the City has retained a total of $1,027,129.54 in combined state and local HOT funds from the Marriott. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 21-22 HOT fund Cost Available Funds Budget Est/Actual Cost Difference This Agenda Item: $ $1000000.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $1000000.00 Transfer Amount: $ Appropriation By: Additional Revenues, Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents OC Drawing 2.pdf, OC Drawing1.pdf,