City Council

PUBLIC NOTICE City Council Work Session Agenda City Hall, City Council Chambers – 5th Floor 411 W. 8th Street Odessa, TX Tuesday, June 7th, 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, June 7th, 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 June 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, June 7th, 2022 3:00 p.m. Call to Order Invocation – Councilwoman Detra White 1. City vs. County Food Drive Donny Kyker 2. Planning and Zoning Commission Update Jimmy Peacock 3. Consider approving an economic development agreement between ODC and 1Point Five P1 David Boutin 4. Consider the approval of façade grant for PAR II Companies, LLC Casey Hallmark 5. Consider a resolution to accept and appropriate funds from an anonymous donation made to OPD Mike Gerke 6. Consider Award of PSA to LCA for designing waterline replacements in Crane Avenue and a 12" Tom Kerr waterline from El Paso Avenue to N. Jackson Avenue 7. Consider award of PSA to LCA to design Dawn Avenue from 61st Street to Yukon Road Tom Kerr 8. Consider a resolution suspending Oncor’s Intent to Increase rates within the City of Odessa Phillip Urrutia 9. Discuss security measures for the health and safety of the community Mayor Joven  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/14/2022 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 Odessa Development Corporation and 1Point Five P1. (Resolution) SUMMARY 1Point Five P1 submitted an application for an economic development incentive grant. 1Point Five P1 consists of three reporting segments: oil and gas, chemical, and midstream and marketing. 1Point Five P1 plans to construct a direct air capture (DAC) plant at one of four locations, two of which are in the Permian Basin (Penwell and New Mexico) and the capital expenditure for the project will be approximately $810,000,000. This project would create 125 new jobs with an annual payroll of $7,933,000. Based on the capital investment, number of jobs, and payroll, the ODC recommends an incentive grant in the amount of $2,400,000 to be paid out over a 5-year-period if 1Point Five P1 maintains compliance with all terms and conditions of the agreement. Comments/Other Departments, Boards, Commissions or Agencies David Boutin, president of the Odessa Development Corporation will present this item. Supporting Documents 5r-158 Approving EDA with 1POINT FIVE P1.pdf, Agenda Item 1Point Five P1 Attachment.pdf, Compliance Committee Recommendation to ODC Board for Economic Development Incentives: Company Contact Information: Company Name: 1PointFive P1, LLC (1P5) Address: 5 Greenway Plaza, Suite 110; Houston, Texas 77046 Project: Occidental’s principal businesses consist of three reporting segments: oil and gas, chemical, and midstream and marketing. The oil and gas segment explores for, develops and produces oil (which includes condensate), natural gas liquids (NGL) and natural gas. The chemical segment (OxyChem) primarily manufactures and markets basic chemicals and vinyls. The midstream and marketing segment purchases, markets, gathers, processes, transports and stores oil (which includes condensate), NGL, natural gas, carbon dioxide (CO2) and power. It also optimizes its transportation and storage capacity, and invests in entities that conduct similar activities, such as Western Midstream Partners, L.P. The midstream and marketing segment also includes Occidental’s low carbon ventures (OLCV) businesses. OLCV seeks to leverage Occidental’s legacy of carbon management expertise to develop carbon capture, utilization and storage (CCUS) projects, including the commercialization of direct air capture (DAC) technology, and invests in other low-carbon technologies intended to reduce greenhouse gas (GHG) emissions from our operations and strategically partner with other industries to help reduce their emissions. Description of Company: The project will be focused on the commercialization of DAC technology, which captures carbon dioxide directly from the atmosphere, this will further the company’s commitment in reducing the amount of carbon dioxide in the atmosphere. The industrial grade CO2 produced will be used for enhanced oil recovery operations. This project will be the first full-scale commercialization if Description of Project: Carbon Engineering NAICS code number(s): 325120 FTE Jobs: Cumulative Retained FTEs: Retained Salary: Payroll FTEs Added Year 1: 25 Salary Added Year 1: $ 1,586,600.00 Year 1 $ 1,586,600.00 FTEs Added Year 2: 25 Salary Added Year 2: $ 1,586,600.00 Year 2 $ 3,732,200.00 FTEs Added Year 3: 25 Salary Added Year 3: $ 1,586,600.00 Year 3 $ 4,759,800.00 FTEs Added Year 4: 25 Salary Added Year 4: $ 1,586,600.00 Year 4 $ 6,346,400.00 FTEs Added Year 5: 25 Salary Added Year 5: $ 1,586,600.00 Year 5 $ 7,933,400.00 Total new FTEs added: 125 Total new salary added: $ 7,933,000.00 Total Total FTEs at Total Salary at Cumulative $24,358,400.00 Project Completion: Project Completion: $ 7,933,000.00 Payroll Capital Investment:  Address or Legal Description of Property: Penwell, Texas Dollar Amount of Capital Investment: $ 810,000,000.00 Incentives: Jobs Creation: $ 1,058,280.00 Capital Investment: $ 1,341,720.00 Total Incentive Recommended: $ $2,400,000.00 Select one: ___X__ One-fifth of the total grant shall be paid each year. _____ The following payment schedule is recommended over the 5-year term: Year 1 $ 480,000.00 OR ________ % of total grant Year 2 $ 480,000.00 OR ________ % of total grant Year 3 $ 480,000.00 OR ________ % of total grant Year 4 $ 480,000.00 OR ________ % of total grant Year 5 $ 480,000.00 OR ________ % of total grant I. Contact Information Applicant/Business Name (Exact legal name i.e. Corporation, LLC, Limited Partnership) 1PointFive P1, LLC (1P5) Mailing Address 5 Greenway Plaza, Suite 110 Physical Address (If different from mailing address) N/A City State Zip Code Houston TX 77046 Phone Number/ Office Fax Number (713) 497-2556 (Derek Willis, VP & Secretary) N/A Phone Number Cell N/A Email Address Website Derek_Willis@oxy.com www.oxy.com Applicant's Representative Title Michael Lateur (Duff & Phelps, a Kroll Company) Managing Director, Tax Services 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. Applicant's Signature Date 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. See Attachment 1: Project Information 2. See Attachment 1: Project Information 3. See Attachment 1: Project Information 4. See Attachment 1: Project Information III. Facility Information Current Property Values in Odessa Building Equipment N/A (1P5 has no real property in Ector County) N/A (1P5 has no personal property in Ector County) Address and Legal Description of each Address Of Location location (New or Expansion) circle one The prospective location of the project, a portion of the Shoe Bar Ranch near Penwell, TX, and the potential development area of approximately 100 acres (optioned) could include a combination of the following parcels: Estimated New Capital Investment for Estimated Dates for Construction Building Construction Start: Complete: $810,000,000 (real & personal property) Q4 2022 Q4 2024 IV. Company Information Year Description of the Company Established Occidental’s principal businesses consist of three reporting segments: oil and gas, chemical and midstream and marketing. The oil and gas segment explores for, develops and produces oil (which includes condensate), natural gas liquids (NGL) and natural gas. The chemical segment (OxyChem) primarily manufactures and markets basic chemicals and vinyls. The midstream and marketing segment purchases, markets, gathers, processes, transports and stores oil (which includes condensate), NGL, natural gas, carbon dioxide (CO2) and power. It also optimizes its transportation and storage capacity, and invests in entities that conduct 1920 (Occidental similar activities, such as Western Midstream Partners, L.P. The midstream and marketing Petroleum) segment also includes Occidental’s low carbon ventures (OLCV) businesses. OLCV seeks to 2020 (1P5) leverage Occidental’s legacy of carbon management expertise to develop carbon capture, utilization and storage (CCUS) projects, including the commercialization of direct air capture (DAC) technology, and invests in other low-carbon technologies intended to reduce greenhouse gas (GHG) emissions from our operations and strategically partner with other industries to help reduce their emissions. [Source: Annual Report (Form 10K) and Proxy Statement: www.oxy.com/investors/financial-information/annual- reports/] NAICS Code1 NAICS Code Description 325120 Industrial Gas Manufacturing  Attachment 1: Project Information Occidental Petroleum (Oxy), a leading producer of traditional energy resources, and its subsidiary Oxy Low Carbon Ventures (OLCV) have recently formed a joint venture with private equity firm Rusheen Capital Management to finance and deploy large-scale Direct Air Capture (DAC) technology licensed from Carbon Engineering, a clean energy company focused on the commercialization of DAC technology, which captures carbon dioxide directly from the atmosphere. The purpose of the joint venture, named 1PointFive, will be to further OLCV’s commitment to reducing the amount of carbon dioxide in the atmosphere by advancing and accelerating carbon capture, utilization, and storage (CCUS) technologies and projects around the world. The significance of the name 1PointFive is the joint venture’s mission to achieve climate stabilization and limit global warming to 1.5°C (of which DAC technology is a critical component). Oxy and OLCV will be providing significant financial, operational, and engineering resources to 1PointFive. As the combined corporate entity for OLCV and its partners’ proposed investment, 1PointFive is planning the development of a DAC facility that would produce industrial-grade carbon dioxide gas (CO2) for its own use, as well as the use of other potential off-takers with similar commercial applications. The DAC facility will be built in or near one of several United States energy basins in which Oxy operates, within reasonable proximity to its existing enhanced oil recovery (EOR) operations, accessible pipeline infrastructure, and sufficient electric, natural gas, and water utilities. The new DAC facility (the Project) would be the first full-scale commercialization of Carbon Engineering’s DAC technology anywhere in the world. The Project combines the operational expertise of Oxy and OLCV, and the innovative technology of Carbon Engineering to capture and permanently remove carbon dioxide directly from the atmosphere. The high-quality CO2 product manufactured by the DAC facility would be used as industrial gas feedstock by Oxy in their traditional energy production process, specifically through downhole injection at their existing EOR sites, to permanently sequester high volumes of carbon dioxide in underground geological storage. Carbon Engineering’s proprietary DAC technology is specifically designed to be deployed at a much larger scale than other DAC designs currently operating and demonstrates a significant advantage over less cost-competitive DAC technology developers and facilities. The proven DAC technology used by the Project would manufacture a continuous stream of high-quality carbon dioxide gas through the process of heating, treating, and compressing atmospheric air using only carbon-free renewable electricity, natural gas, and water as system inputs. Using large fans to draw in ambient air, the system would use two principal chemical loops and industrial processing units to extract and purify the carbon dioxide components of the air input. The DAC system’s two chemical loops are a caustic carbon dioxide capture loop and a solids carbon dioxide purification loop, operated by the carbon dioxide capture and caustic recovery equipment. The closed loop design effectively diminishes the need for material removal and make-up, as the products of each reaction become a reagent for another reaction within the DAC process. The major output streams of the DAC system are compressed CO2 (for utilization) and CO2-depleted air (discharged into the surrounding atmosphere). There are four major process components associated with the proposed DAC facility:  • Air Contactor • Pellet Reactor • Pellet Calciner • Slaker/Hydrator Additional Project components would include, but not be limited to the following: • Pellet Separator and Washing • Pumps • Pellet Dryer • Electrical and Instrumentation Controls • CO2 Purifier and Compressor • Piping • Cooling System • Water Treatment Facility • Compressors • Buildings • Evaporators The construction of the plant would include site preparation and earthworks, installation of foundations and supports, fabrication of major equipment and transportation to site, integration of modules and interconnecting works (i.e. piping, electrical, controls), erection of buildings and support infrastructure, utility interconnections, commissioning and start-up, production ramp-up, and handover to operations. There is currently no existing industrial-scale, commercialized deployment of Carbon Engineering’s DAC technology deployed anywhere in the world. Once constructed, 1PointFive’s Project would become the world’s largest DAC facility and carbon capture operation, processing and permanently sequestering approximately 500 kilotons of atmospheric CO2 per year. The Project would also represent the first significant application for the coupling of DAC technology and EOR operations in the United States. The pairing of DAC technology and CO2 sequestration through EOR operations would be a significant environmental commitment for the energy industry, providing a pathway for reduced carbon emissions from traditional energy production and the realization of an economically viable model for significant anthropogenic CO2 sequestration through EOR operations. The Project and its DAC technology deployment are expected to fundamentally alter the energy landscape by providing a pathway to decarbonize major carbon-emitting industries like fuel production, transportation, and construction. CO2 credits generated by the plant would be sold into regulated markets like California’s Low Carbon Fuel Standards (LCFS) market, as a low-carbon liquid fuel or as emissions offsets directly to corporations committed to decarbonization. Currently, low carbon fuel initiatives are being enacted all over the world, including major markets such as the United States’ west coast, Canada, and South America. With countries, industries, and companies continuously looking to offset their CO2 emissions, it is anticipated that by 2050 the carbon removal industry will be as large as the oil & gas industry is today.  RESOLUTION NO. 2022R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE ODESSA DEVELOPMENT CORPORATION AND 1POINT FIVE P1; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE WHEREAS, 1Point Five P1 (“Company”) proposes to operate a direct air capture (DAC) plant, classified as #325120 of the North American Industry Classification System (NAICS) in Ector County, Texas, and WHEREAS, Company will increase primary jobs which satisfies the requirements of Sections 501 and 504 of the Local Government Code; and WHEREAS, Company plans to construct a direct air capture (DAC) plant at one of four locations, two of which are in the Permian Basin (Penwell and New Mexico) and the capital expenditure for the project will be approximately $810,000,000; and WHEREAS, Company will create 125 new jobs with an annual payroll of $7,933,000 over the next 5 years; and WHEREAS, based on the number of jobs and payroll over the next 5 years, the Company qualifies for a total grant of $2,400,000 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 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 1Point Five P1 in the amount of $2,400,000 is hereby 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. CB: Resolutions\5r-158 Approving EDA with 1Point Five P1 Page 1 of 2  The foregoing resolution was approved and adopted on the 14th day of June, A.D., 2022, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ Approved this the 14th of June, A.D., 2022. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Natasha Brooks, City Attorney CB: Resolutions\5r-158 Approving EDA with 1Point Five P1 Page 2 of 2  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/14/2022 Casey Hallmark Downtown Odessa No Work Session? Contacted Legal? Item Type Yes Yes Regular Resolution,Other, CAPTION Consider the approval of façade grant for PAR II Companies, LLC. (RESOLUTION) SUMMARY PAR II Companies, LLC has submitted an application requesting a façade grant for their business located at 406 N. Grant through the Downtown Building Façade Improvement Program. ODC approved the application at their 5/18/2022 meeting. Total grant request: $24,944.80 Total owner investment: $7,686.20 Total business/property investment: $32,631.00 Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 5r-157 Approving Facade Grant-Par II Companies.pdf, PAR II application.pdf,  RESOLUTION NO. 2022R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, APPROVING A DOWNTOWN ODESSA, INC. FAÇADE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE ODESSA DEVELOPMENT CORPORATION AND PAR II COMPANIES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE 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, Par II Companies proposes to make façade improvements to a building located at 406 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, Par II Companies qualifies for a total grant of up to $24,944.80 to be paid upon completion of the project; 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 a Downtown Odessa, Inc. façade economic development agreement between the Odessa Development Corporation and Par II Companies in an amount of up to $24,944.80 is hereby 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. CB: Resolutions\5r-157 Approving Facade Grant-Par II Companies Page 1 of 2  The foregoing resolution was approved and adopted on the 14th day of June, A.D., 2022, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ Approved this the 14th of June, A.D., 2022. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Natasha Brooks, City Attorney CB: Resolutions\5r-157 Approving Facade Grant-Par II Companies Page 2 of 2  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/14/2022 Mike Gerke Police Yes Work Session? Contacted Legal? Item Type Yes Yes Consent Resolution, CAPTION Consider a resolution to accept and appropriate funds in the amount of $50,000 from an anonymous donation made to the City of Odessa Police Department. SUMMARY The Police Department has received funds in the amount of $50,000 from an anonymous donation. The funds will be used for Community Public Relations events and will be placed in a separate/specific donation account. Staff recommends this resolution be approved to accept and appropriate necessary funds received from the anonymous donation. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2022 Donation Revenue Yes Available Funds Budget Est/Actual Cost Difference This Agenda Item: $50000.00 $-50000.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $50000.00 Transfer Amount: $ Appropriation By: Additional Revenues, Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 4r-060 Anonymous donation $50000.00 to OPD fiscal year 2021-22.docx,  RESOLUTION NO. 2022R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF $50,000.00 FROM AN ANONYMOUS DONOR; ADDING THE AMOUNT OF $50,000.00 TO THE SPECIAL REVENUE FUND OF THE FISCAL YEAR 2021- 2022 BUDGET TO REFLECT SAID AMOUNT AS AN ADDITIONAL DONATED REVENUE; AND DECLARING AN EFFECTIVE DATE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That a donation to the City of Odessa Police Department in the amount of $50,000.00 from an anonymous donor is hereby accepted. Section 2. That the City Council of the City of Odessa authorizes adding the amount of $50,000.00 to the FY 2021-2022 budget, General Special Revenue Fund, reflecting said amount as additional donated revenue Section 3. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 14th day of June, A.D., 2022, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ Approved this the 14th day of June, A.D., 2022. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Natasha Brooks, City Attorney NE: \Resolutions\4r-060 Anonymous donation $50,000.00 to OPD fiscal year 2021-22 Page 1 of 1  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/14/2022 Thomas Kerr Public Works Yes Work Session? Contacted Legal? Item Type Yes Consent CAPTION Consider Award of Professional Service Agreement to Landgraf Crutcher and Associates for designing waterline replacements in Crane Avenue and a 12" waterline from El Paso Avenue to N. Jackson Avenue for a total cost of $289,284.00. SUMMARY Design services are needed for the following projects: Crane Avenue has multiple waterlines placed in the late 1940's in need of replacement prior to reconstruction of the roadway. Design cost of $120,820.00. The 12" Waterline from El Paso Avenue to N. Jackson Avenue is cast iron and in poor condition. This line was placed in the 1950's and is highly deteriorated. We experience routine water line failures on this segment of line. Design cost of $168,475.00. Funding from the Water fund Repair and Replacement account is available. Staff recommends award of PSA to Landgraf, Crutcher and Associates. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2021 Water Repair and Replacement Cost Available Funds Budget Est/Actual Cost Difference This Agenda Item: $289284.00 $289284.00 $0.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 2022-246 - Proposal - Crane Avenue Waterline Reconstruction - Signed.pdf, LCA Prop 12 WL El Paso to Jackson.pdf,  Cost Estimate - Construction Cost for Crane Ave Waterline Replacement Bid Item Qty Unit Description Unit Price Rounded Total 1 60 LF 4" waterline removal $6.67 $500.00 2 70 LF 4" waterline installation $43.50 $3,000.00 3 1720 LF 6" Waterline abandonment - Cast Iron / Transite / AC $10.00 $17,500.00 4 1925 LF 6" Waterline removal - Cast Iron / Transite / AC $10.00 $20,000.00 5 2905 LF 6" C-900 Waterline installation $51.85 $151,000.00 6 1055 LF 8" Waterline removal - Cast Iron $13.33 $14,000.00 7 1155 LF 8" C-900 Waterline installation $94.01 $109,000.00 8 145 LF 10" Waterline Removal - Asbestos Concrete $16.67 $3,000.00 9 220 LF 10" C-900 Waterline installation $115.00 $26,000.00 10 515 LF 12" Waterline removal - Cast Iron $20.00 $11,000.00 11 510 LF 12" C-900 Waterline installation $129.36 $66,000.00 12 1 EA Storm drain crossings $2,074.00 $2,000.00 13 20 EA Sewer Line Crossings $3,760.40 $76,000.00 14 2 EA 4" Valve removal $400.00 $1,000.00 15 2 EA 4" Valves Install $800.00 $2,000.00 16 13 EA 6" Valve removal $591.50 $8,000.00 17 19 EA 6" Valves Install $1,183.00 $23,000.00 18 5 EA 8" Valve removal $768.50 $4,000.00 19 9 EA 8" Valves Install $1,537.00 $14,000.00 21 3 EA 10" Valves Install $3,000.00 $9,000.00 22 1 EA 12" Valve Removal $1,743.50 $2,000.00 23 4 EA 12" Valves $3,487.00 $14,000.00 24 11 EA Fire Hydrant Assemblies $3,765.00 $42,000.00 27 30 EA Service Taps $1,200.00 $36,000.00 28 65 LF 1" piping for service tap $15.00 $1,000.00 29 270 LF 2" piping for service tap $20.00 $5,500.00 30 26 EA Meters - 1" $1,501.00 $39,000.00 31 7 EA Meters - 2" $2,000.00 $14,000.00 35 0 EA 12" Fittings (10% of above cost) 10.00% $71,000.00 36 120 Days Traffic Control $1,000.00 $120,000.00 37 1 LS Contingency (10%) 10.00% $90,000.00 Total $994,500.00  DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 5/17/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Shannon White Arthur J. Gallagher Risk Management Services Inc. PHONE FAX Six Desta Dr., Ste. 5900 (A/C, No, Ext): 432-640-0575 (A/C, No): 432-570-3450 E-MAIL Midland TX 79705 ADDRESS: shannon_white@ajg.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Arch Insurance Company 11150 LANDCRU-01 INSURED INSURER B : Continental Western Insurance Company 10804 Landgraf, Crutcher & Associates Inc INSURER C : United Fire & Casualty Group 13021 521 N Texas Ave Odessa, TX 79761 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1302842003 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS C X COMMERCIAL GENERAL LIABILITY Y Y 85325702 1/5/2022 1/5/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 100,000 X AI#CG7208 MED EXP (Any one person) $ 5,000 X Edition 07/17 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT PRO- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ C Y Y COMBINED SINGLE LIMIT $ 1,000,000 AUTOMOBILE LIABILITY 85325702 1/5/2022 1/5/2023 (Ea accident) X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS NON-OWNED X HIRED AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB X OCCUR Y Y 85325702 1/5/2022 1/5/2023 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION $ $ PER OTH- B WORKERS COMPENSATION Y WCA469112417 4/8/2022 4/8/2023 X STATUTE ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE N E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liability Y Y PAAEP0133901 11/6/2021 11/6/2022 Aggregate $2,000,000 Each Claim $1,000,000 Deductible $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Named Insureds include - dba LCA; dba Hole Story Additional Insured Certificate Holder is an Additional Insured as respects General Liability, Automobile, Professional Liability, and Umbrella policies, pursuant to and subject to the policy's terms, definitions, conditions and exclusions. Coverage is primary as required by written contract. Waiver of Subrogation Waiver of Subrogation applies to certificate holder, as respects Workers' Compensation, General Liability, Automobile, and Umbrella policies, pursuant to and See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Odessa PO Box 4398 Odessa TX 79760 AUTHORIZED REPRESENTATIVE USA © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD  AGENCY CUSTOMER ID: LANDCRU-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Arthur J. Gallagher Risk Management Services Inc. Landgraf, Crutcher & Associates Inc 521 N Texas Ave POLICY NUMBER Odessa, TX 79761 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE subject to the policy's terms, definitions, conditions and exclusions. Umbrella if follow form with the underlying coverages. Project: Crane Avenue Pavement and Waterline Reconstruction ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/14/2022 Thomas Kerr Public Works Yes Work Session? Contacted Legal? Item Type Yes No Consent CAPTION Consider Award of Professional Services Agreement to Landgraf, Crutcher and Associates to design Dawn Avenue from 61st Street to Yukon Road for $61,244. SUMMARY Dawn Ave. is under design as part of the Yukon Ridge developments south of 61st St. The City is responsible for the section of Dawn Ave. from 61st St. north to Yukon Rd. This PSA will engage the same engineering firm (LCA) to design this segment of Dawn congruently with the southern development. Cost for design of roadway that is the responsibility of the City is $61,244. Funding will be provided from the Streets Maintenance account. Staff recommends award of PSA to Landgraf, Crutcher and Associates. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2022 Street Maintenance Cost Available Funds Budget Est/Actual Cost Difference This Agenda Item: $ $68000.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents Dawn Ave Proposal for City of Odessa.pdf,  Dawn Ave. Extension Total 6/3/2022 Engineer Cost Estimate LCA Job 2022-252 Estimated Quantities ENGINEER ESTIMATE Item Qty Unit Description Unit Price Total Amount 1 23,926 S.Y. Furnish material, equipment and labor to Rough Cut all Streets & Alleys (to subgrade ± 0.2') $15.00 $358,890.00 2 23,926 S.Y. Furnish material, equipment and labor for 6" Subgrade Preparation $6.50 $155,519.00 3 23,926 S.Y. Furnish and place 8" Flexible Base $16.25 $388,797.50 4 23,926 S.Y. Furnish and place 2" Hot Mix Asphaltic Concrete Type "D" $20.00 $478,520.00 5 7,061 L.F. Furnish material and labor to construct 6" Standard Curb and Gutter $25.00 $176,525.00 6 360 L.F. Furnish material and labor to construct 36" HDPE/ADS Culvert Pipe $260.00 $93,600.00 7 4 EA. Furnish material and labor to construct 2-36" S.E.T. headwalls $13,650.00 $54,600.00 8 3,139 S.Y. Furnish material and labor to construct 4" Concrete Sidewalk 4' Wide $80.00 $251,120.00 9 8 EA. Furnish material, equipment and labor to install A.D.A. Compliant Type A Ramps $2,000.00 $16,000.00 10 15 EA. Furnish and install Street Light Bases, to include equipment, material and labor every 250' $880.00 $13,200.00 11 7,061 L.F. Furnish equipment, material and labor to install 2" Street Light Conduit $14.50 $102,384.50 12 5 EA. Furnish material and labor to adjust Water Valve in Pavement $75.00 $375.00 13 3 EA. Furnish material, equipment and labor to install 18" x 6" Tapping Sleeve and Valve $9,000.00 $27,000.00 14 2 EA. Furnish material, equipment and labor to install 18" x 8" Tapping Sleeve and Valve $10,000.00 $20,000.00 15 1 LS Furnish materials, equipment and labor to install SWPPP Controls $65,000.00 $65,000.00 16 1 LS Furnish all signs, barricades, and Traffic Control during the project $20,000.00 $20,000.00 17 1 LS Mobilization - De-Mobilization $200,000.00 $200,000.00 Total $2,421,531.00 Contingency (~15%) $363,000.00 Total Estimated $2,784,531.00 Note: This estimate does not include traffic signal cost.  Dawn Ave. Extension - City of Odessa 6/3/2022 Engineer Cost Estimate LCA Job 2022-252 Estimated Quantities ENGINEER ESTIMATE Item Qty Unit Description Unit Price Total Amount 1 8,308 S.Y. Furnish material, equipment and labor to Rough Cut all Streets & Alleys (to subgrade ± 0.2') $15.00 $124,620.00 2 8,308 S.Y. Furnish material, equipment and labor for 6" Subgrade Preparation $6.50 $54,002.00 3 8,308 S.Y. Furnish and place 8" Flexible Base $16.25 $135,005.00 4 8,308 S.Y. Furnish and place 2" Hot Mix Asphaltic Concrete Type "D" $20.00 $166,160.00 5 2,451 L.F. Furnish material and labor to construct 6" Standard Curb and Gutter $25.00 $61,275.00 8 1,090 S.Y. Furnish material and labor to construct 4" Concrete Sidewalk 4' Wide $80.00 $87,200.00 9 2 EA. Furnish material, equipment and labor to install A.D.A. Compliant Type A Ramps $2,000.00 $4,000.00 10 5 EA. Furnish and install Street Light Bases, to include equipment, material and labor every 250' $880.00 $4,400.00 11 2,461 L.F. Furnish equipment, material and labor to install 2" Street Light Conduit $14.50 $35,684.50 15 1 LS Furnish materials, equipment and labor to install SWPPP Controls $21,700.00 $21,700.00 16 1 LS Furnish all signs, barricades, and Traffic Control during the project $6,700.00 $6,700.00 17 1 LS Mobilization - De-Mobilization $67,000.00 $67,000.00 Total $767,746.50 Contingency (~15%) $115,000.00 Total Estimated $882,746.50 Note: This estimate does not include traffic signal cost.  Dawn Ave. Extension - LEECO 6/3/2022 Engineer Cost Estimate LCA Job 2022-252 Estimated Quantities ENGINEER ESTIMATE Item Qty Unit Description Unit Price Total Amount 1 15,618 S.Y. Furnish material, equipment and labor to Rough Cut all Streets & Alleys (to subgrade ± 0.2') $15.00 $234,270.00 2 15,618 S.Y. Furnish material, equipment and labor for 6" Subgrade Preparation $6.50 $101,517.00 3 15,618 S.Y. Furnish and place 8" Flexible Base $16.25 $253,792.50 4 15,618 S.Y. Furnish and place 2" Hot Mix Asphaltic Concrete Type "D" $20.00 $312,360.00 5 4,610 L.F. Furnish material and labor to construct 6" Standard Curb and Gutter $25.00 $115,250.00 6 360 L.F. Furnish material and labor to construct 36" HDPE/ADS Culvert Pipe $260.00 $93,600.00 7 4 EA. Furnish material and labor to construct 2-36" S.E.T. headwalls $13,650.00 $54,600.00 8 2,049 S.Y. Furnish material and labor to construct 4" Concrete Sidewalk 4' Wide $80.00 $163,920.00 9 6 EA. Furnish material, equipment and labor to install A.D.A. Compliant Type A Ramps $2,000.00 $12,000.00 10 10 EA. Furnish and install Street Light Bases, to include equipment, material and labor every 250' $880.00 $8,800.00 11 4,600 L.F. Furnish equipment, material and labor to install 2" Street Light Conduit $14.50 $66,700.00 12 5 EA. Furnish material and labor to adjust Water Valve in Pavement $75.00 $375.00 13 3 EA. Furnish material, equipment and labor to install 18" x 6" Tapping Sleeve and Valve $9,000.00 $27,000.00 14 2 EA. Furnish material, equipment and labor to install 18" x 8" Tapping Sleeve and Valve $10,000.00 $20,000.00 15 1 LS Furnish materials, equipment and labor to install SWPPP Controls $43,300.00 $43,300.00 16 1 LS Furnish all signs, barricades, and Traffic Control during the project $13,300.00 $13,300.00 17 1 LS Mobilization - De-Mobilization $133,000.00 $133,000.00 Total $1,653,784.50 Contingency (~15%) $248,000.00 Total Estimated $1,901,784.50 Note: This estimate does not include traffic signal cost.  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/14/2022 Phillip Urrutia City Manager's Office No Work Session? Contacted Legal? Item Type Yes Yes Regular Resolution,Other, CAPTION Consider a resolution suspending Oncor's Intent to Increase Rates within the City of Odessa. (RESOLUTION) SUMMARY On Friday, May 13, 2022, Oncor filed a Statement of Intent to Increase Rates with all cities in its service area. Oncor is seeking to increase rates by approximately $251 million over rates currently in place, or approximately 4.5% over present revenues. Residential customers would see an 11.2% increase in rates. If approved, a residential customer using 1,300 kWh per month would see a bill increase of about $6.02 per month. Additionally, the Company proposes to increase street lighting rates by 1.6%. The rate increase requested by Oncor will become effective on June 17, 2022, unless the city takes action to suspend the effective date. By statute, cities are permitted to extend the effective date by up to 90 days in order to study the filing. The city must take action to suspend the effective date by June 17, 2022 or the rate will go in to effect. Approval of this resolution suspends the proposed increase from ONCOR and allows for the consulting with the 169 city Steering Committee for review of the filing. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 2022 Oncor RC Suspension Resolution Model Staff Report.DOC, 4r-058 2022 Oncor RC Suspension Resolution.pdf, Ex. 2-Cities that have Ceded Original Jurisdiction.pdf, Memorandum to Cities re Oncor's Statement of Intent to Increase Rates Suspension Packet.pdf,  816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532 www.lglawfirm.com Mr. Brocato’s Direct Line: (512) 322-5857 Email: tbrocato@lglawfirm.com MEMORANDUM TO: Steering Committee of Cities Served by Oncor Members FROM: Thomas Brocato Jamie Mauldin Roslyn Dubberstein DATE: May 16, 2022 RE: Oncor Electric Delivery Company's Statement of Intent to Increase Rates Suspension Packet ACTION REQUIRED TO SUSPEND THE EFFECTIVE DATE BY JUNE 17, 2022 On Friday, May 13, 2022, Oncor filed a Statement of Intent to Increase Rates with all cities in its service area that retain original jurisdiction. The Company is seeking to increase rates by approximately $251 million over rates currently in place, or approximately 4.5% over present revenues. Residential customers would see an 11.2% increase in rates. If approved, a residential customer using 1,300 kWh per month would see a bill increase of about $6.02 per month. Additionally, the Company proposes to increase street lighting rates by 1.6%. The rate increase requested by Oncor will become effective on June 17, 2022, unless the city takes action to suspend the effective date. By statute, cities are permitted to extend the effective date by up to 90 days in order to study the filing. The city must take action to suspend the effective date by June 17, 2022. If your city does not have a regular council meeting scheduled before June 17th or is otherwise unable to take action on the suspension resolution June 17th, please contact us as soon as possible. Attached to this memo is a model suspension resolution and staff report. In the past, Oncor local managers have provided cities with a model denial resolution and may recommend that the city immediately deny the rate request. If this occurs, we do not recommend that you deny the request at this time. Suspending the effective date allows cities more time to review the application and decide on the final action, including settlement or denial of Oncor's requested rate increase. The Steering Committee of Cities Served by Oncor will discuss Oncor’s rate request at the quarterly meeting on June 2, 2022. During the call there will also be an opportunity for Steering Committee members to discuss strategy with Steering Committee consultants and attorneys. If you have any questions, please feel free to contact us: Thomas – tbrocato@lglawfirm.com / 512-322-5857 Jamie – jmauldin@lglawfirm.com / 512-322-5890 Roslyn – rdubberstein@lglawfirm.com / 512-322-5802 1669/35/7314214.1  EXHIBIT 2 PAGE 1 OF 2 CITIES THAT HAVE CEDED ORIGINAL JURISDICTION Abbott Crockett Itasca Alma Crowley Jewett Alvarado Cumby Jolly Alvord Cushing Josephine Angus Dawson Joshua Anna Dean Justin Annetta North Dorchester Kaufman Annetta South Dublin Keene Annona Ector Kemp Appleby Edgecliff Village Kerens Argyle Edgewood Knollwood Athens Edom Krum Aurora Elgin Ladonia Bangs Elkhart Lake Bridgeport Barry Emhouse Lake Dallas Bartlett Enchanted Oaks Lakeside City Bellevue Eureka Latexo Blanket Eustace Lavon Blooming Grove Everman Leona Boyd Forney Leroy Brownsboro Frost Lindsay Buckholts Garrett Lipan Buffalo Gholson Lorena Burke Godley Lovelady Bynum Golinda Lowry Crossing Caddo Mills Goodlow Lucas Cameron Gorman Mabank Campbell Grandfalls Malakoff Caney City Grandview Malone Canton Granger Marquez Carbon Grapeland McGregor Celeste Gun Barrel City Melissa Centerville Gunter Melvin Chico Hebron Mertens Chireno Hewitt Milano Clarksville Hickory Creek Mildred Cockrell Hill Hideaway Milford Collinsville Holland Millsap Comanche Honey Grove Mobile City Como Hubbard Moody Cool Hudson Morgan's Point Resort Corinth Huntington Mount Calm Corsicana Hutto Murchison Crandall Italy Mustang  EXHIBIT 2 PAGE 2 OF 2 CITIES THAT HAVE CEDED ORIGINAL JURISDICTION Nacogdoches Springtown Navarro St. Paul Nevada Streetman New Chapel Hill Taylor New Fairview Terrell Newark Thorndale Neylandville Thorntonville Northlake Thrall Oak Grove Tira Oak Leaf Tool Oak Valley Trinidad Oakwood Valley View Oglesby Van Alstyne Ovilla Venus Payne Springs Weir Pecan Gap Wells Pecan Hill West Penelope Westbrook Pflugerville Wickett Pleasant Valley Wills Point Ponder Windom Post Oak Bend Wolfe City Powell Yantis Poynor Zavalla Princeton Pyote Quinlan Ranger Reno - Lamar County Reno - Parker County Retreat Rhome Rice Richland Rockdale Rogers Rosser Roxton Royse City Runaway Bay Sadler Savoy Shady Shores Southmayd , RESOLUTION NO. 2022R-_____ RESOLUTION OF THE CITY OF ODESSA SUSPENDING THE JUNE 17, 2022 EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY’S REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE WHEREAS, on or about May 13, 2022, Oncor Electric Delivery Company (Oncor), pursuant to PURA §§ 33.001 and 36.001 filed with the City of Odessa a Statement of Intent to increase electric transmission and distribution rates in all municipalities exercising original jurisdiction within its service area effective June 17, 2022; and WHEREAS, the City of Odessa is a member of the Steering Committee of Cities Served by Oncor (“Steering Committee”) and will cooperate with the 169 similarly situated city members and other city participants in conducting a review of the Company’s application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company prior to getting reasonable rates and direct any necessary litigation; and WHEREAS, PURA § 36.108 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days after the date the rate change would otherwise be effective; and WHEREAS, PURA § 33.023 provides that costs incurred by Cities in ratemaking proceedings are to be reimbursed by the regulated utility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That the June 17, 2022 effective date of the rate request submitted by Oncor on or about May 13, 2022, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. NE: \Resolutions\4r-058 2022 Oncor RC Suspension Resolution Page 1 of 3  Section 2. As indicated in the City’s resolution approving membership in the Steering Committee, the Executive Committee of Steering Committee is authorized to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations regarding reasonable rates, and to intervene and direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Public Utility Commission. Section 3. That the City’s reasonable rate case expenses shall be reimbursed by Oncor. Section 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. Section 5. A copy of this Resolution shall be sent to Oncor, Care of Howard V. Fisher, Oncor Electric Delivery Company LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 and to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. The foregoing resolution was approved and adopted on the 14th day of June, A.D., 2022, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ Approved this the 14th day of June, A.D., 2022. Javier Joven, Mayor NE: \Resolutions\4r-058 2022 Oncor RC Suspension Resolution Page 2 of 3 ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Natasha Brooks, City Attorney NE: \Resolutions\4r-058 2022 Oncor RC Suspension Resolution Page 3 of 3