City Council

CITY COUNCIL Javier Joven Mark Matta, District 1 Mayor Steven Thompson, District 2 Gilbert Vasquez, District 3 Greg Connell, District 4 John Beckmeyer Chris Hanie, District 5 City Manager Denise Swanner, At-Large City Council Meeting Agenda City Hall, 411 W. 8th St. City Council Chambers – Fifth Floor December 19, 2023 3:00 p.m. I. Call to order Mayor Joven II. Invocation Mayor Joven III. Regular IV. Consider accepting the second disbursement of ARPA funds issued on John Beckmeyer June, 2022 to the City of Odessa in the amount of $10,161,479.50. (Resolution) V. Consider a resolution to accept and appropriate funds in the amount of John Beckmeyer $100,000.00 from an anonymous donor for a donation to the tornado victims of the City of Clarksville, Tennessee. (Resolution) VI. Consider the appointment or reappointment and salary of a Presiding Dan Jones Municipal Court Judge and Associate Municipal Court Judge for a term of two (2) years. (Ordinance - Second and Approval) VII. PSI will be presenting their assessment of the Bob Derrington Water Kevin Niles Reclamation Plant. VIII. Adjourn.  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 12/19/2023 John Beckmeyer City Manager's Office Yes Work Session? Contacted Legal? Item Type Yes Yes Consent Resolution, CAPTION Consider accepting the second disbursement of ARPA funds issued on June, 2022 to the City of Odessa in the amount of $10,161,479.50. (Resolution) SUMMARY Since the first case of coronavirus disease 2019 (covid-19) was discovered in the United States in January 2020, the pandemic has caused severe intertwined public health and economic crises. In March 2021, as these crises continued, the American Rescue Plan Act of 2021 (ARPA) established the Coronavirus State and Local Fiscal Recovery Funds to provide state, local and Tribal governments with the resources needed to respond to the pandemic and its economic effects and to build a stronger, more equitable economy during the recovery; and Resolution No. 2021R-67 adopted on the 14th day of September 2021, allocated $10,161,479.50 in ARPA funds for local agencies. Resolution No. 2023R-112 adopted on the 28th of November 2023 deallocated $6,390,374 of the $10,161,479.50 allocated by Resolution No. 2021R-67. The City Council of the City of Odessa must expend all funds by December 31, 2026, any funds not obligated or expended for eligible uses by the timeline but be returned to the Treasury, including any unobligated or unexpended funds that have been provided to subrecipients and contracts as part of the award closeout process pursuant to 2 C.F.R. 200.344(d); and The total amount to be expended is $9,551,853. Account - 8600-00-000-00000-0000-0000-10005 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: Additional Revenues, Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 4r-149 accept ARPA funds June 2022.pdf,  RESOLUTION NO. 2023R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, ACCEPT THE SECOND DISBURSEMENT OF THE AMERICAN RESCUE PLAN ACT FUNDS (ARPA) ISSUED ON JUNE 30, 2022 TO THE CITY OF ODESSA IN THE AMOUNT OF $10,161,479.50; AUTHORIZING THE CITY MANAGER TO SIGN ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS NOTICED AND WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW AND DECLARING AN EFFECTIVE DATE WHEREAS, since the first case of coronavirus disease 2019 (covid-19) was discovered in the United States in January 2020, the pandemic has caused severe intertwined public health and economic crises. In March 2021, as these crises continued, the American Rescue Plan Act of 2021 (ARPA) established the Coronavirus State and Local Fiscal Recovery Funds to provide state, local and Tribal governments with the resources needed to respond to the pandemic and its economic effects and to build a stronger, more equitable economy during the recovery; and WHEREAS, Resolution No. 2021R-67 adopted on the 14th day of September, 2021, allocated $10,161,479.50 in ARPA funds for local agencies. WHEREAS, Resolution No. 2023R-112 adopted on the 28th of November, 2023 deallocated $6,390,374 of the $10,161,479.50 allocated by Resolution No. 2021R-67. WHEREAS, the City Council of the City of Odessa must expend all funds by December 31, 2026, any funds not obligated or expended for eligible uses by the timeline but be returned to the Tresuary, including any unobligated or unexpended funds that have been provided to subrecipients and contracts as part of the award closeout process pursuant to 2 C.F.R. 200.344(d); and WHEREAS, the total amount to be expended is $9,551,853; 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 the City Council of the City of Odessa must allocate and expend for eligible uses the monies provided to the City of Odessa by the American Rescue Plan Act fund (ARPA) by December 31, 2026. Section 3. That this resolution shall be effective at the time of its adoption. Ne: \Resolutions\4r-149 Accept Arpa Funds issued June 2022 Page 1 of 2  The foregoing resolution was approved and adopted on the 19th day of December, A.D., 2023, by the following vote: Mark Matta ___ Steven P. Thompson ___ Gilbert Vasquez ___ Greg Connell ___ Chris Hanie ___ Denise Swanner ___ Javier Joven ___ Approved the 19th day of December, A.D., 2023. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Daniel C. Jones, City Attorney Ne: \Resolutions\4r-149 Accept Arpa Funds issued June 2022 Page 2 of 2  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 12/19/2023 John Beckmeyer City Manager's Office Yes Work Session? Contacted Legal? Item Type No Yes Consent Resolution, CAPTION Consider a resolution to accept and appropriate funds in the amount of $100,000.00 from an anonymous donor for a donation to the tornado victims of the City of Clarksville, Tennessee. (Resolution) SUMMARY The City of Odessa received an anonymous donation of $100,000.00. The donation is for the tornado victims of Clarksville, Tennessee. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? Donation Revenue Yes Available Funds Budget Est/Actual Cost Difference This Agenda Item: $ $100,000.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $100000.00 Transfer Amount: $ Appropriation By: Additional Revenues, Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 4r-157 Anonymous donation of $100,000.00 for tornado victims of Clarksville, Tennessee.pdf,  RESOLUTION NO. 2023R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, ACCEPTING AND APPROPRIATING THE TOTAL AMOUNT OF $100,000.00 DONATION FROM AN ANONYMOUS DONOR FOR THE TORNADO VICTIMS OF THE CITY OF CLARKSVILLE, TENNESEE; AUTHORIZING THE CITY MANAGER TO SIGN ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS NOTICED AND WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW AND DECLARING AN EFFECTIVE DATE WHEREAS the City of Odessa received an anonymous donation in the amount of $100,000.00; and WHEREAS, the donation is for the tornado victims of Clarksville, Tennessee, from the City of Odessa, Texas, city of love; 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 the funds from an anonymous donor in the amount of $100,000.00 is accepted and appropriated for the tornado victims of the City of Clarksville, Tennessee is hereby approved. Section 3. That the City Manager or his designee is hereby 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 19th day of December, A.D., 2023, by the following vote: Mark Matta ___ Steven P. Thompson ___ Gilbert Vasquez ___ Greg Connell ___ Chris Hanie ___ Denise Swanner ___ Javier Joven ___ NE: \Resolutions\4r-157 Anonymous donation of $100,000.00 for tornado victims of Clarksville, Tennessee Page 1 of 2  Approved the 19th day of December, A.D., 2023. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Daniel C. Jones, City Attorney NE: \Resolutions\4r-157 Anonymous donation of $100,000.00 for tornado victims of Clarksville, Tennessee Page 2 of 2  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 12/19/2023 Dan C. Jones City Attorney’s Office No Work Session? Contacted Legal? Item Type No Yes Consent Ordinance, CAPTION Consider the appointment or reappointment and salary of a Presiding Municipal Court Judge and Associate Municipal Court Judge for a term of two (2) years. (Ordinance - Second and Approval) SUMMARY The City of Odessa has two (2) municipal courts of record known as Municipal Court No. 1 and Municipal Court No. 2. There is a need to appoint or reappoint a Presiding Municipal Court Judge and an Associate Municipal Court Judge for a term of two (2) years each commencing January 1, 2024. Each judge shall receive such salary as may be fixed by the city council in accordance with state law and shall perform such duties as are provided by law for a municipal judge in home rule cities. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 5o-049 Appt _ Salary Presiding-Associate MC Judge.pdf,  ORDINANCE NO. 2023-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, APPOINTING ROBERT MARTIN AS PRESIDING JUDGE AND KEITH KIDD AS ASSOCIATE JUDGE OF THE CITY OF ODESSA MUNICIPAL COURT; ESTABLISHING A TERM; ESTABLISHING A SALARY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED WAS NOTICED AND IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE AND DECLARING AN EFFECTIVE DATE WHEREAS pursuant to Sec. 30.00006 of the Texas Government Code, Sec. 68 of the City of Odessa Charter, and Sec. 7-1-3 of the Odessa City Code, the governing body of a municipality is authorized to appoint or reappoint its municipal judge(s); and WHEREAS the City of Odessa has two (2) municipal courts of record known as Municipal Court No. 1 and Municipal Court No. 2; and WHEREAS there is a need to appoint a Presiding Municipal Court Judge and an Associate Municipal Court Judge for a term of two (2) years each commencing January first of even-numbered years; and WHEREAS each judge shall receive such salary as may be fixed by the city council in accordance with state law and shall perform such duties as are provided by law for a municipal judge in home rule cities; and WHEREAS funds have been budgeted for such purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That Robert Martin is hereby appointed as Presiding Judge over Municipal Court No. 1 for a term of two (2) years commencing January 1, 2024. That the CB Ordinances\5o-049 Appt & Salary Presiding-Associate MC Judge Page 1 of 3 Presiding Judge shall receive an annual salary of One Hundred Forty-Two Thousand Five Hundred Dollars ($142,500). Section 2. That Keith Kidd is hereby appointed as Associate Judge over Municipal Court No. 2 for a term of two (2) years commencing January 1, 2024. That the Associate Judge shall receive an annual salary of One Hundred Six Thousand Eight Hundred Sixty-Two Dollars ($106,862). Section 3. That should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so declared to be invalid. Section 4. That this ordinance, since it does not impose any penalty or fine, shall go into effect following adoption on second approval as provided by City Charter Sections 61 and 65, without the need for publication. The foregoing ordinance was first approved on the 12th day of December, A.D., 2023, by the following vote: Mark Matta AYE Steven P. Thompson AYE Gilbert Vasquez AYE Greg Connell AYE Chris Hanie AYE Denise Swanner AYE Javier Joven AYE The foregoing ordinance was adopted on second and final approval on the 19th day of December, A.D., 2023, by the following vote: Mark Matta ___ Steven P. Thompson ___ Gilbert Vasquez ___ Greg Connell ___ Chris Hanie ___ Denise Swanner ___ Javier Joven ___ CB Ordinances\5o-049 Appt & Salary Presiding-Associate MC Judge Page 2 of 3  Approved this the 19th day of December, A.D., 2023. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Daniel C. Jones, City Attorney CB Ordinances\5o-049 Appt & Salary Presiding-Associate MC Judge Page 3 of 3  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 12/19/2023 Kevin Niles Utilities No Work Session? Contacted Legal? Item Type Yes Yes Regular Presentation, CAPTION PSI will be presenting their assessment of the Bob Derrington Water Reclamation Plant. SUMMARY An assessment of the Bob Derrington Water Reclamation Plant was conducted by PSI who is ready to present their findings to City Council. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents