Opening Items

1. Invocation – Pastor Bob Pase, Grace Lutheran Church
2. Pledge of Allegiance

CONSENT AGENDA

3. MOTION APPROVING THE FOLLOWING MINUTES:
3a. REGULAR SESSION OF AUGUST 9, 2022
3b. SPECIAL SESSION OF AUGUST 16, 2022
4. 2022­100 – RESOLUTION AWARDING A CONTRACT FOR RIGHT OF WAY LITTER
COLLECTION SERVICES FOR THE SOLID WASTE DEPARTMENT TO DEE DEE
MILLER D/B/A DEE SKY SERVICES FOR AN AMOUNT NOT TO EXCEED $240,000.00
(DISTRICT: ALL) (GENERAL SERVICES)
5. 089­2022 – MOTION AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER’S
DESIGNEE TO ADVERTISE A REQUEST FOR COMPETITIVE SEALED BIDS FOR THE
MOMENTUM BANK BALLPARK PEDESTRIAN BRIDGE REHABILITATION PROJECT
FOR THE COMMUNITY SERVICES DEPARTMENT AND TO NEGOTIATE A CONTRACT
FOR SAID PROJECT? PROVIDED, HOWEVER, THAT SAID AGREEMENT SHALL NOT
BECOME EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL (DISTRICT 4)
(GENERAL SERVICES)
6. 2022­101 – RESOLUTION APPROVING A CONTRACT WITH HOHENBERGER, INC.,
D/B/A CSI: LUBBOCK, THROUGH BUYBOARD, FOR THE PURCHASE AND
INSTALLATION OF ACCESS CONTROL AND CAMERA SYSTEMS AT MULTIPLE CITY
BUILDINGS FOR A TOTAL COST OF $348,524.32? AND APPROPRIATING FUNDS FOR
SAID PROJECT (DISTRICT: ALL) (GENERAL SERVICES)
7. 2022­102 – RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT WITH PARKHILL, SMITH & COOPER, INC., D/B/A PARKHILL
FOR SURVEY, DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR
PHASE II OF NEW WATER AND WASTEWATER UTILITIES ALONG BRIARWOOD
AVENUE BETWEEN GOLDEN GATE AVENUE AND STATE HIGHWAY 158 FOR A
COST OF $115,000.00? AND APPROPRIATING FUNDS (DISTRICT 4) (GENERAL
SERVICES)
8. 2022­103 – RESOLUTION AUTHORIZING THE PURCHASE OF MICROSOFT
ENTERPRISE VOLUME AND TRUE­UP LICENSING FROM SOFTWARE ONE, INC.,
THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES, FOR THE
COMMUNICATION AND INFORMATION SYSTEMS DEPARTMENT AT A TOTAL COST
OF $326,997.53? RATIFYING THE SIGNING OF THE CHANGE OF RESELLER
AGREEMENT? AND RESCINDING RESOLUTION 2021­075 (DISTRICT: NONE)
(GENERAL SERVICES)
9. 090­2022 – MOTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
COMMEMORATIVE AIR FORCE, INC., TO PROVIDE FOR THE 2022 AIRSHOW AT
MIDLAND INTERNATIONAL AIR & SPACE PORT (DISTRICT 4) (AIRPORTS)
10. 2022­104 – RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN
THE MIDLAND DEVELOPMENT CORPORATION AND THE UNIVERSITY OF TEXAS OF
THE PERMIAN BASIN, AS AUTHORIZED BY CHAPTER 791 OF THE TEXAS LOCAL
GOVERNMENT CODE, TO ADVERTISE OR PUBLICIZE THE CITY OF MIDLAND FOR
THE PURPOSE OF DEVELOPING NEW AND EXPANDED BUSINESS ENTERPRISES
(DISTRICT: ALL) (CITY MANAGER)
11. 091­2022 – MOTION APPROVING A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE MIDLAND DEVELOPMENT CORPORATION AND PARKHILL, SMITH, &
COOPER, INC., FOR PROFESSIONAL SERVICES RELATED TO A SITE ASSESSMENT
AND DEVELOPMENT AT MIDLAND INTERNATIONAL AIR & SPACE PORT (DISTRICT
4) (CITY MANAGER)
13. 093­2022 – MOTION APPROVING A CONTRACT BETWEEN THE MIDLAND
DEVELOPMENT CORPORATION AND RON OSBORN, INC., DBA ADVANCED
ENVIRONMENTAL SERVICES FOR THE ABATEMENT OF HAZARDOUS MATERIALS
WITHIN THE STRUCTURES LOCATED ON CERTAIN REAL PROPERTY DESCRIBED
AS LOTS 1A AND 9­12, BLOCK 35, ORIGINAL TOWN OF MIDLAND, CITY OF MIDLAND,
MIDLAND COUNTY, TEXAS (DISTRICT 2) (CITY MANAGER)
14. 094­2022 – MOTION APPROVING A CONSULTING SERVICES AGREEMENT
BETWEEN THE MIDLAND DEVELOPMENT CORPORATION AND STRONG
ENVIRONMENTAL SERVICES, LLC, FOR SERVICES RELATED TO THE ABATEMENT
OF HAZARDOUS MATERIALS WITHIN THE STRUCTURES LOCATED AT CERTAIN
REAL PROPERTY DESCRIBED AS LOTS 1A AND 9­12, BLOCK 35, ORIGINAL TOWN
OF MIDLAND, CITY OF MIDLAND, MIDLAND COUNTY, TEXAS (DISTRICT 2) (CITY
MANAGER)
15. 2022­105 – RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIDLAND, TEXAS,
APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE EXECUTIVE
COMMITTEE OF CITIES SERVED BY ATMOS WEST TEXAS (“CITIES”) AND ATMOS
ENERGY CORP., WEST TEXAS DIVISION (THE “COMPANY”) REGARDING THE
COMPANY’S 2022 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 SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE
PUBLIC INTEREST? APPROVING AN ATTACHMENT ESTABLISHING A BENCHMARK
FOR PENSIONS AND RETIREE MEDICAL BENEFITS? 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 AUTHORIZING AND DIRECTING THE CITY SECRETARY TO
DELIVER THIS RESOLUTION TO THE COMPANY AND CITIES’ LEGAL COUNSEL
(DISTRICT: NONE) (CITY MANAGER)
16. 2022­106 – RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AND
SALE AGREEMENT BETWEEN THE CITY OF MIDLAND, TEXAS, AND THE ARTS
COUNCIL OF MIDLAND FOR THE SALE OF CERTAIN REAL PROPERTY DESCRIBED
AS LOTS 19­24, BLOCK 176, AND LOTS 1­18, BLOCK 177, SOUTHERN ADDITION,
CITY AND COUNTY OF MIDLAND, TEXAS? AND AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL LEGAL DOCUMENTS AND INSTRUMENTS NECESSARY AND
APPROPRIATE FOR THE CLOSING OF THE SALE OF SAID REAL PROPERTY
(DISTRICT 2) (COMMUNITY SERVICES)
17. 095­2022 – MOTION AUTHORIZING THE EXECUTION OF A RIGHT­OF­WAY LICENSE
(22­329­027) WITH NUSTAR PERMIAN TRANSPORTATION & STORAGE, L.L.C.,
REGARDING CITY­OWNED PROPERTY DESCRIBED AS SECTION 24 BLOCK 37, T­3­
S, T&P RR CO. SURVEY, MIDLAND COUNTY, TEXAS. (DISTRICT: NONE) (UTILITIES)

Item 12

092­2022 – MOTION APPROVING A PROMOTIONAL AGREEMENT BETWEEN THE
MIDLAND DEVELOPMENT CORPORATION AND HIGHER ORBITS, INC., TO
ADVERTISE AND PUBLICIZE THE CITY OF MIDLAND FOR THE PURPOSE OF
DEVELOPING NEW AND EXPANDED BUSINESS ENTERPRISES (DISTRICT: ALL)
(CITY MANAGER)

Item 16

2022­106 – RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AND
SALE AGREEMENT BETWEEN THE CITY OF MIDLAND, TEXAS, AND THE ARTS
COUNCIL OF MIDLAND FOR THE SALE OF CERTAIN REAL PROPERTY DESCRIBED
AS LOTS 19­24, BLOCK 176, AND LOTS 1­18, BLOCK 177, SOUTHERN ADDITION,
CITY AND COUNTY OF MIDLAND, TEXAS? AND AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL LEGAL DOCUMENTS AND INSTRUMENTS NECESSARY AND
APPROPRIATE FOR THE CLOSING OF THE SALE OF SAID REAL PROPERTY
(DISTRICT 2) (COMMUNITY SERVICES)

SECOND READINGS

18. 10330 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF
MIDLAND TO REZONE LOT 1, BLOCK 1, BUSH TENNIS CENTER ADDITION, AND LOT
4, BLOCK 1, CROSS POINTE ADDITION, SECTION 2, CITY AND COUNTY OF
MIDLAND, TEXAS, FROM PD, PLANNED DEVELOPMENT DISTRICT FOR A
RECREATION CENTER, IN PART, AND MF­16, MULTIPLE­FAMILY DWELLING
DISTRICT, IN PART, TO LR, LOCAL RETAIL DISTRICT (GENERALLY LOCATED ON THE NORTH SIDE OF BRIARWOOD AVENUE, APPROXIMATELY 2,000 FEET WEST OF
HOLIDAY HILL ROAD)? 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
(DISTRICT 4) (DEVELOPMENT SERVICES) (FIRST READING HELD AUGUST 09,
2022)
19. 10332 – AN ORDINANCE EXTENDING THE BOUNDARIES OF THE CITY OF MIDLAND,
TEXAS, BY ADDING THERETO A CERTAIN AREA ADJOINING THE PRESENT CITY
LIMITS, BEING A 2.27­ACRE TRACT OF LAND OUT OF SECTION 22, BLOCK 40, T­1­S,
T&P RR CO. SURVEY, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED ON THE
EAST SIDE OF DUMFRIES ROAD, APPROXIMATELY 3,590 FEET NORTH OF
HIGHWAY 158)? ORDERING PUBLICATION? AND ORDERING RECORDATION BY THE
CITY SECRETARY (DISTRICT 4) (DEVELOPMENT SERVICES) (FIRST READING HELD
AUGUST 09, 2022)
20. 10333 – AN ORDINANCE ESTABLISHING THE INITIAL ZONING CLASSIFICATION OF
THE AREA INDICATED AS BEING A 2.27­ACRE TRACT OF LAND OUT OF SECTION
22, BLOCK 40, T­1­S, T&P RR CO. SURVEY, MIDLAND COUNTY, TEXAS, AS AN AE,
AGRICULTURAL ESTATE DISTRICT? SAID TRACT BEING GENERALLY LOCATED ON
THE EAST SIDE OF DUMFRIES ROAD, APPROXIMATELY 3,590 FEET NORTH OF
HIGHWAY 158? 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 (DISTRICT 4)
(DEVELOPMENT SERVICES) (FIRST READING HELD AUGUST 09, 2022)
21. 10334 – AN ORDINANCE ESTABLISHING INTERSECTION STOPS AT VARIOUS
LOCATIONS WITHIN THE CITY OF MIDLAND, TEXAS? AUTHORIZING AND DIRECTING
THE TRAFFIC ENGINEER TO INSTALL APPROPRIATE SIGNS AND MARKINGS AT THE
DESIGNATED LOCATIONS? CONTAINING A CUMULATIVE CLAUSE? CONTAINING A
SAVINGS AND SEVERABILITY CLAUSE? PROVIDING FOR A MAXIMUM PENALTY OR
FINE OF TWO HUNDRED DOLLARS ($200.00)? AND ORDERING PUBLICATION
(DISTRICT: ALL) (ENGINEERING SERVICES) (FIRST READING HELD AUGUST 09,
2022)

PUBLIC HEARINGS

22. 10335 – GATHER PUBLIC INPUT ON THE PROPOSED 2022­2023 BUDGET? AND
CONSIDER AN ORDINANCE OF THE CITY OF MIDLAND PROVIDING FUNDS FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023,
BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING AND
SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER
REVENUES AND UNAPPROPRIATED FUND BALANCE OF THE CITY OF MIDLAND
FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF THE
VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS TO
THE CITY? AND ORDERING PUBLICATION (DISTRICT: NONE) (FINANCE)
23. 10336 – TAX RATE INCREASE FOR FISCAL YEAR 2022­2023? AND CONSIDER AN
ORDINANCE FIXING THE TAX LEVY FOR THE CITY OF MIDLAND, TEXAS, FOR THE
FISCAL YEAR BEGINNING ON OCTOBER 1, 2022, AND ENDING ON SEPTEMBER 30,
2023 (DISTRICT: NONE) (FINANCE)
24. 10337 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF
MIDLAND TO REZONE A 1.7­ACRE TRACT OF LAND OUT OF LOT 6, BLOCK 7,
SKYVIEW DEVELOPMENT, SECTION 10, CITY AND COUNTY OF MIDLAND, TEXAS,
FROM AE, AGRICULTURAL ESTATE DISTRICT TO CE, COUNTRY ESTATE DISTRICT
(GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF
TODD DRIVE AND MARIE 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 (DISTRICT 2) (DEVELOPMENT SERVICES)
25. 10338 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF
MIDLAND TO REZONE A 0.77­ACRE TRACT OF LAND OUT OF THE SOUTHEAST
QUARTER OF SECTION 10, BLOCK 39, T­2­S, T&P RR CO. SURVEY, CITY AND
COUNTY OF MIDLAND, TEXAS, FROM C, COMMERCIAL DISTRICT TO O­1, OFFICE
DISTRICT (GENERALLY LOCATED ON THE WEST SIDE OF WAYSIDE DRIVE,
APPROXIMATELY 57 FEET NORTH OF EAST GIST AVENUE)? 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 (DISTRICT 2) (DEVELOPMENT
SERVICES)
26. 10339 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF
MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOTS 1 AND
2, BLOCK 12, WEST END ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS
(GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF
WEST TEXAS AVENUE AND NORTH C STREET), WHICH IS PRESENTLY ZONED O­1,
OFFICE DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL
ALCOHOLIC BEVERAGES IN A RESTAURANT FOR ON­PREMISES CONSUMPTION?
MAKING SAID DESIGNATION 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 (DISTRICT 3) (DEVELOPMENT SERVICES)
27. 10340 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF
MIDLAND TO REZONE THE TRACT OF LAND DESCRIBED AS LOTS 7 THROUGH 9,
BLOCK 93, A 0.263­ACRE PORTION OF BLOCK 96, THE NORTH 40 FEET OF THE
WEST 175 FEET OF BLOCK 104, THE ABANDONED PORTIONS OF THE BRUNSON
STREET RIGHT­OF­WAY, A 14,408­SQUARE FOOT PORTION OF WEST INDIANA
STREET RIGHT­OF­WAY, AND A 2,650­SQUARE FOOT PORTION OF THE
ABANDONED BRUNSON AVENUE RIGHT­OF­WAY, WEST END ADDITION, CITY
AND COUNTY OF MIDLAND, TEXAS, FROM 2F, TWO­FAMILY DWELLING (DUPLEX)
DISTRICT, IN PART, AND SF­1, SINGLE­FAMILY DWELLING DISTRICT, IN PART, TO PD,
PLANNED DEVELOPMENT DISTRICT FOR A CIVIC CENTER AND COMMUNITY
CENTER (GENERALLY LOCATED ON THE EAST SIDE OF THE INTERSECTION
OF SOUTH L STREET AND WEST INDIANA AVENUE)? 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 (DISTRICT 3) (DEVELOPMENT SERVICES)
28. 10341 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF
MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 36,700­
SQUARE FOOT PORTION OF LOT 3A, BLOCK 1, NORTH PARK ADDITION, SECTION 5,
CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE EAST
SIDE OF NORTH MIDKIFF ROAD, APPROXIMATELY 340 FEET NORTH OF WEST
LOOP 250 NORTH), WHICH IS PRESENTLY ZONED RR, REGIONAL RETAIL DISTRICT,
ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC
BEVERAGES IN AN INDOOR COMMERCIAL AMUSEMENT FACILITY FOR ONPREMISES CONSUMPTION? MAKING SAID DESIGNATION 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 (DISTRICT 1) (DEVELOPMENT
SERVICES)