Call to Order

1. Invocation - Rev. Roy Smith, True Lite Christian Fellowship
2. Pledge of Allegiance

Presentations

Presentation of special events, organizations, individuals, or periods of time
including, but not limited to:
a. Presentation of Proclamation for Women History Day.
b. Recognize the S. Javaid Anwar Family for their contributions to the
Midland Parks and Recreation Endowment Fund.

Consent Agenda

5. Consider a motion approving the following minutes:
a. Regular meeting of February 23, 2016.
b. Special meeting of February 24, 2016.
6. Consider a resolution awarding a contract for the Fiscal Year 2016 Mill and Inlay
Project to Jones Bros. Dirt & Paving Contractors, Inc. of Odessa, Texas, at a
total cost of $1,907,589.09; and authorizing payment therefor. (PURCHASING)
(2016 - 068)


9. Consider a resolution approving the purchase of one (1) 2-3 cubic yard dump
body from BTE Body Co., Inc., of Irving, Texas, one (1) utility service body and
one (1) platform body from Fabco Industries, Inc., of Odessa, Texas, and two (2)
utility service bodies from J&B Trailers of Midland, Texas, at a total cost of
$94,659.00. (PURCHASING) (2016 - 071)
10. Consider a resolution approving plans and specifications and authorizing
advertisement for bids for janitorial services for City buildings. (PURCHASING)
(2016 - 072)
11. Consider a resolution authorizing the execution of Amendment Number Twelve
to the Professional Services Agreement with Parkhill, Smith & Cooper,
Incorporated, for improvements contained in the Airport Capital Improvement
Program; said amendment to include additional site assessment services; and
appropriating funds. (AIRPORTS) (2016 - 073)
12. Consider a resolution authorizing the Department of Airports to reimburse the
Federal Aviation Administration in the amount of $418,549.51 for funds spent on
the East Side Development Project; authorizing the execution of Federal Aviation
Administration Amended Grant Number 55 in the amount of $673,545.00; and
appropriating funds. (AIRPORTS) (2016 - 074)
13. Consider a resolution finding that Parkhill, Smith & Cooper, Incorporated, is the
most qualified submitter of qualifications for professional engineering and
architectural services for the purpose of certain Airport Capital Improvement
Projects that may be constructed at Midland International Air & Space Port or
Midland Airpark Airport. (AIRPORTS) (2016 - 075)
14. Consider a motion approving the Midland Development Corporation’s sale of the
property described as Lot 6, Block 9, Midland International Airport Industrial Park
Addition, Section 5, Midland, Midland County, Texas, for an office facility for the
Texas Department of Public Safety. (CITY MANAGER'S OFFICE) (036-2016)

16. Consider a resolution approving the issuance of a permit to Diamondback E&P
LLC (“Operator”) to drill an oil and gas well within the City limits located 306 feet
from the south line and 2,528 feet from the east line, Section 8, Block 39, T-1-S,
T&P RR Co. Survey, City and County of Midland, Texas (Generally located
approximately 405 feet north of the Green Tree Boulevard extension and
approximately 2,528 feet west of North Midkiff Road); and providing that said
permit does not require a new Road Repair Agreement but shall be consolidated
under an existing Road Repair Agreement. (DEVELOPMENT SERVICES) (2016
- 077)
17. Consider a resolution approving the issuance of a permit to Diamondback E&P
LLC (“Operator”) to drill an oil and gas well within the City limits located 306 feet
from the south line and 2,468 feet from the east line, Section 8, Block 39, T-1-S,
T&P RR Co. Survey, City and County of Midland, Texas (Generally located
approximately 405 feet north of the Green Tree Boulevard extension and
approximately 2,468 feet west of North Midkiff Road); and providing that said
permit does not require a new Road Repair Agreement but shall be consolidated
under an existing Road Repair Agreement. (DEVELOPMENT SERVICES) (2016
- 078)
18. Consider a resolution approving the issuance of a permit to Diamondback E&P
LLC (“Operator”) to drill an oil and gas well within the City limits located 306 feet
from the south line and 2,498 feet from the east line, Section 8, Block 39, T-1-S,
T&P RR Co. Survey, City and County of Midland, Texas (Generally located
approximately 405 feet north of the Green Tree Boulevard extension and
approximately 2,498 feet west of North Midkiff Road); and providing that said
permit does not require a new Road Repair Agreement but shall be consolidated
under an existing Road Repair Agreement. (DEVELOPMENT SERVICES) (2016
- 079)
19. Consider a resolution approving the issuance of a permit to Diamondback E&P
LLC (“Operator”) to drill an oil and gas well within the City limits located 306 feet
from the south line and 2,558 feet from the east line, Section 8, Block 39, T-1-S,
T&P RR Co. Survey, City and County of Midland, Texas (Generally located
approximately 405 feet north of the Green Tree Boulevard Extension and
approximately 2,558 feet west of North Midkiff Road); and providing that said
permit does not require a new Road Repair Agreement but shall be consolidated
under an existing Road Repair Agreement. (DEVELOPMENT SERVICES) (2016
- 080)
20. Consider a resolution approving an amendment to the permit issued to Trail
Ridge Energy Partners II LLC (“Operator”) to drill an oil and gas well within the
City limits located 250 feet from the north line and 1,130 feet from the west line,
Section 19, Block 38, T-1-S, T&P RR Co. Survey, City and County of Midland,
Texas (Generally located on the east side of the North Fairgrounds Road
Extension, south of the Mockingbird Lane Extension); said amendment
authorizes a reduction in the height of the berm around the tanks within the tank
battery and alteration of the size and location of vessels within the tank battery. (
DEVELOPMENT SERVICES) (2016 - 081)
21. Consider a resolution authorizing the execution of a Right-of-Way License
between the City of Midland and Diamondback E&P, LLC, regarding City-owned
property described as Sections 13 & 14, Block 40, Township 1 South, T&P RR
Co. Survey, Midland County, Texas. (ENGINEERING SERVICES) (2016 - 082)
22. Consider a motion on request by Maverick Engineering to defer public
improvements for Saltbrush Estates, and to waive the corresponding financial
security guarantee valued at $295,885.44, an amount equal to the estimated
cost of construction. The subject property is generally located west of the
intersection of North County Road 1150 and Jadan Kate Road. A portion of the
property lies within the Midland City Limits, and it crosses the county line
between Midland and Martin Counties. (ENGINEERING SERVICES) (037-2016)
23. Consider a motion on request by Schumann Engineering Co. Inc. to defer public
improvements for Empire Heights, and to waive the corresponding financial
security guarantee valued at $1,590,571.00, an amount equal to the estimated
cost of construction. The subject property is generally located approximately
710 feet west of the intersection of East County Road 91 and South County
Road 1120, approximately 2.55 miles outside the City of Midland corporate limits
in the Extraterritorial Jurisdiction of the City of Midland, in Midland County,
Texas. (ENGINEERING SERVICES) (038-2016)
24. Consider a resolution approving a Mutual Termination and Release Agreement
between the Midland Development Corporation and the City of Midland for the
Market Street Paving and Water Line Extension Project; and transferring
unexpended funds to the Midland Development Corporation. (ENGINEERING
SERVICES) (2016 - 083)
25. Consider a resolution authorizing the execution of a Right-of-Way License
between the City of Midland and Vitol Midstream, LLC, regarding City-owned
property described as Section 9, Block 37, Township 3 South, T&P RR Co.
Survey, Midland County, Texas. (ENGINEERING SERVICES) (2016 - 084)
26. Consider a resolution authorizing the execution of a Right-of-Way License
between the City of Midland and Oryx Southern Delaware Oil Gathering and
Transport, LLC, regarding City-owned property described as Sections 4, 5, and
8, Block 38, Township 2 South, T&P RR Co. Survey, Midland County, Texas.
(ENGINEERING SERVICES) (2016 - 085)
27. Consider a resolution authorizing the acceptance of a 0.0057-acre Water Line
Easement located in Section 1, Block 39, T-2-S, T&P RR Co. Survey, Midland
County, Texas, from Western-T Corporation; and ordering recordation by the
City Secretary. (ENGINEERING SERVICES) (2016 - 086)
28. Consider a resolution authorizing the acceptance of a 0.0092-acre Water Line
Easement located in Section 1, Block 39, T-2-S, T&P RR Co. Survey, Midland
County, Texas, from Western-T Corporation; and ordering recordation by the
City Secretary. (ENGINEERING SERVICES) (2016 - 087)
29. Consider a motion on request by Schumann Engineering Co. Inc. to defer public
improvements for Dove Acres, and to waive the corresponding financial security
guarantee valued at $107,469.00, an amount equal to the estimated cost of
construction. The subject property is an 21.85-acre development, located
approximately 8,480 feet north of Loop 250 and Elkins Road (North County Road
1150), approximately 780 feet south outside the City of Midland corporate limits
in the Extraterritorial Jurisdiction of the City of Midland, in Midland County,
Texas. (ENGINEERING SERVICES) (039-2016)
30. Consider a motion on request by Schumann Engineering Co. Inc. to defer public
improvements for Hollyhock Addition, and to waive the corresponding financial
security guarantee valued at $68,463.42, an amount equal to the estimated cost
of construction. The subject property is generally located approximately 840 feet
east of the intersection of State Highway 349 and East County Road 120,
approximately 3,290 feet south outside the City of Midland corporate limits in the
Extraterritorial Jurisdiction of the City of Midland, in Midland County, Texas.
(ENGINEERING SERVICES) (040-2016)
31. Consider a resolution authorizing the submission of an application to the Office
of the Governor, Texas Criminal Justice Division, for the Body-Worn Camera
Program Grant. (POLICE) (2016 - 088)
32. Consider a resolution authorizing an Operating Certificate for Red Raider Rides
to operate a limousine business; setting forth conditions accompanying the
certificate; and establishing the terms of the certificate. (POLICE) (2016 - 089)
33. Consider a resolution authorizing the execution of a Sanitary Sewer Discharge
License Agreement with Affordable Dewatering Service, LLC, for the purpose of
discharging treated wastewater at 2201 South Midkiff Street, Midland, Texas.
(UTILITIES) (2016 - 090)

Item 7

Consider a resolution approving plans and specifications and authorizing
advertisement for bids for the Beal Parkway Paving Project; said project will
provide for the construction of a shared-use roadway from Anetta Drive to
Thomason Drive. (PURCHASING) (2016 - 069)

Item 8

Consider a resolution approving the purchase of twenty-seven (27) cars and light
trucks for the Garage Division. (PURCHASING) (2016 - 070)

Item 15

Consider a resolution of the City Council of the City of Midland, Texas, approving
a negotiated resolution between the Atmos West Texas Cities Steering
Committee (“WTX Cities”) and Atmos Energy Corp., West Texas Division
regarding the company’s 2015 rate review mechanism filing; declaring existing
rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent
with the negotiated settlement; finding the rates to be set by the attached tariffs
to be just and reasonable and in the public interest; requiring the company to
reimburse cities’ reasonable ratemaking expenses; determining that this
resolution was passed in accordance with the requirements of the Texas Open
Meetings Act; adopting a savings clause; declaring an effective date; and
requiring delivery of this resolution to the company and the WTX Cities’ Legal
Counsel. (CITY MANAGER'S OFFICE) (2016-076)

Second Readings

34. Consider an ordinance on second reading changing the zoning classification by
amending Chapter One, Title XI, of the City Code of Midland, Texas, by
permitting Lot 6C, Block 3, Westridge Park Addition, Section 16, City and County
of Midland, Texas, which is presently zoned PD, Planned District for a Shopping
Center, to be used as an LR-3, Local Retail District (Generally located southeast
of the intersection of Andrews Highway and Catalina Drive); containing a
cumulative clause; containing a savings and severability clause; providing for a
maximum penalty or fine of two thousand dollars ($2,000.00); and ordering
publication. (DEVELOPMENT SERVICES)(First reading held February 23,
2016.)(9543)
35. Consider an ordinance on second reading establishing or amending certain fees
and charges of the City of Midland Community Services Department, Parks and
Recreation Division; and repealing prior ordinances or parts of ordinances in
conflict

Public Hearings

36. Hold a public hearing regarding a proposed Oil and Gas Permit to RSP Permian,
L.L.C. (Operator), for a permit to drill an oil & gas well within the City Limits,
(Mask HZ Unit No 1004H) located 230 feet from the north line and 275 feet from
the west line located in Section 10, Block X, Hilliard Survey, City of Midland and
County of Midland, Texas. (Generally located 251 feet east of North Garfield
Street and 1,095 feet north of Passage Way Extension.) This is a public hearing
only. No further action will be taken. (DEVELOPMENT SERVICES) (041-2016)
37. Hold a public hearing regarding a proposed Oil and Gas Permit to RSP Permian,
L.L.C. (Operator), for a permit to drill an oil & gas well within the City Limits,
(Mask HZ Unit No 1005H) located 230 feet from the north line and 315 feet from
the west line located in Section 10, Block X, Hilliard Survey, City of Midland and
County of Midland, Texas. (Generally located 291 feet east of North Garfield
Street and 1,095 feet north of Passage Way Extension.) This is a public hearing
only. No further action will be taken. (DEVELOPMENT SERVICES) (042-2016)
38. Hold a public hearing regarding a proposed Oil and Gas Permit to RSP Permian,
L.L.C. (Operator), for a permit to drill an oil & gas well within the City Limits,
(Mask HZ Unit No 1006H) located 230 feet from the north line and 830 feet from
the west line located in Section 10, Block X, Hilliard Survey, City of Midland and
County of Midland, Texas. (Generally located 806 feet east of North Garfield
Street and 1,095 feet north of Passage Way Extension.) This is a public hearing
only. No further action will be taken. (DEVELOPMENT SERVICES) (043-2016)
39. Hold a public hearing regarding a proposed Oil and Gas Permit to RSP Permian,
L.L.C. (Operator), for a permit to drill an oil & gas well within the City Limits,
(Mask HZ Unit No 1007H) located 230 feet from the north line and 870 feet from
the west line located in Section 10, Block X, Hilliard Survey, City of Midland and
County of Midland, Texas. (Generally located 846 feet east of North Garfield
Street and 1,095 feet north of Passage Way Extension.) This is a public hearing
only. No further action will be taken. (DEVELOPMENT SERVICES) (044-2016)
40. Hold a public hearing and consider a resolution authorizing the Temporary Use
of Land for a Church Family Fair and a Carnival on Lot 8, Block 7, Glendale
Addition, and Lot 13A, Block 7, Glendale Addition, Section 2, City and County of
Midland, Texas (Generally located northeast of the intersection of North Tyler
Street and Garden Lane); and making said permit subject to certain special
conditions and restrictions contained herein. (DEVELOPMENT SERVICES)
(2016 - 091)
41. Hold a public hearing and consider an ordinance changing the zoning
classification by amending Chapter One, Title XI, of the City Code of Midland,
Texas, by permitting Lot 2 and the south 20 feet of Lot 1, Block 104A, Wilshire
Park Addition, Section 9, City and County of Midland, Texas, which is presently
zoned PD, Planned District for an Office Center, in part, and PD, Planned District
for a Shopping Center, in part, to be used as a PD, Planned District for a
Housing Development (Generally located northeast of the intersection of Beal
Parkway and Leisure Drive); containing a cumulative clause; containing a
savings and severability clause; providing for a maximum penalty or fine of two
thousand dollars ($2,000.00); and ordering publication. (DEVELOPMENT
SERVICES) (9545)
42. Hold a public hearing and consider an ordinance declaring certain structures
located at 304 North Lee Street, 721 North Lincoln Street, 1101 West Wall
Street, 1109 East Illinois Avenue, and 1211 North Lamesa Road, to be
dilapidated, substandard or unfit for human habitation and hazards to the public
health, safety and welfare; ordering their destruction or removal; directing the
City Secretary to publish notice; and directing the Building Official to deliver a
copy of this ordinance to affected owners, lienholders and mortgagees; said
ordinance being authorized by Chapter 214 of the Texas Local Government
Code. (DEVELOPMENT SERVICES) (9546)

Miscellaneous

43. Consider an ordinance granting to Sharyland Utilities, L.P., its successors and
assigns, an Electric Power Franchise to use the present and future streets,
alleys, highways, public utility easements, and public ways of the City of Midland,
Texas, providing for compensation therefor, providing for an effective date and a
term of said franchise, providing for written acceptance of this franchise,
providing for the repeal of all existing franchise ordinances to Sharyland Utilities,
L.P., its predecessors and assigns, and finding that the meeting at which this
ordinance is passed is open to the public. (CITY MANAGER'S OFFICE) (9547)
44. Consider an ordinance amending the official municipal budget for Fiscal Year
2015-2016 in order to provide additional funds to the Sports and Entertainment
Association of Midland; the additional funding provided to the Sports and
Entertainment Association of Midland will be used for upcoming events; the
additional funds will allow for the promotion of tourism in the City of Midland; and
appropriating funds. (CITY SECRETARY'S OFFICE) (9548)
45. Consider an ordinance changing the zoning use classification of the property
described as Lot 1, Block 1, Green Acres, City and County of Midland, Texas
(Generally located on the west side of North Highway 349, approximately 400
feet north of the intersection of North Highway 349 and Arapahoe Road), which
is presently zoned LR-2, Local Retail District, by permitting said property to be
used under a Specific Use Permit with Term for a Billboard; making said permit
subject to certain conditions and restrictions contained herein; containing a
cumulative clause; containing a savings and severability clause; providing for a
maximum penalty or fine of two thousand dollars ($2,000.00); and ordering
publication. (DEVELOPMENT SERVICES) (9549)
46. Consider an ordinance changing the zoning use classification of the property
described as the north 100 feet of the south 400 feet of the west half of Block 2,
and the south 75 feet of the north 465 feet of the west half of Block 2, Brookshire
Village, First Section, City and County of Midland, Texas (Generally located on
the east side of North Big Spring Street, approximately 225 feet north of West
Wadley Avenue), which is presently zoned LR-2, Local Retail District, by
permitting said property to be used under a Specific Use Permit with Term for a
Billboard; making said permit subject to certain conditions and restrictions
contained herein; containing a cumulative clause; containing a savings and
severability clause; providing for a maximum penalty or fine of two thousand
dollars ($2,000.00); and ordering publication. (DEVELOPMENT SERVICES)
(9550)
47. Consider a resolution authorizing the execution of a Workforce Housing
Incentive Agreement with Midland Community Development Corporation for the
development of single-family residential construction in the City and County of
Midland, Texas; said agreement being authorized by Chapter 380 of the Texas
Local Government Code; establishing an incentive program for the construction
of single-family workforce housing; appropriating funds in the amount of
$153,000.00; and authorizing payment therefor. (DEVELOPMENT SERVICES)
(2016 - 092)
48. Consider a motion for an interpretation of Ordinance 8495 regarding the addition
of playground equipment and a shade structure to Common Area E, Block 8,
Grassland Estates West, Section 5 (Generally located on the south side of
Prairie Ridge Drive, approximately 640-feet west of Haywood Drive).
(DEVELOPMENT SERVICES) (045-2016)

Executive Session

49. Pursuant to Texas Government Code §551.101, the Council will hold an
Executive Session which is closed to the public to discuss the following matters
as permitted under the following Texas Government Code Sections:
a. Section 551.087 Deliberate Economic Development Negotiations
a.1. Discuss business prospects that the City seeks to have, locate,
stay, or expand in or near the City of Midland, Texas, and discuss
possible incentives.