Opening Items

1. Invocation – Pastor Jon Slayden, Hope Community Church
2. Pledge of Allegiance

Public Comment

Receive public comments where individuals may address the City Council on City related
issues and projects not on the present agenda. Any deliberation of or decision by the City
Council regarding the item being discussed shall be limited to a motion to place the item on
the agenda for a subsequent meeting. (Please limit comments to three minutes or less.)

Miscellaneous

130­2022 – MOTION REGARDING THE PEDESTRIAN ISLAND ALONG WADLEY
AVENUE NORTH OF ABELL JUNIOR HIGH, INCLUDING POSSIBLE REMOVAL OR
MODIFICATION, OR OTHER ACTION RELATED THERETO (DISTRICT 4) (CITY
MANAGER)

Consent Agenda

3. MOTION APPROVING THE FOLLOWING MINUTES:
3a. BRIEFING SESSION OF OCTOBER 25, 2022
3b. REGULAR SESSION OF OCTOBER 25, 2022
5. 2022­153 – RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT WITH PARKHILL, SMITH & COOPER, INC., D/B/A PARKHILL
TO PROVIDE AN EVALUATION AND ANALYSIS OF TREATMENT TECHNIQUES FOR
THE PAUL DAVIS WELLFIELD FOR THE UTILITIES DEPARTMENT FOR AN AMOUNT
OF $325,500.00? APPROVING $48,825.00 FOR CONTINGENCIES? AND
APPROPRIATING FUNDS (DISTRICT: NONE) (GENERAL SERVICES)
7. 2022­155 – RESOLUTION AUTHORIZING THE PURCHASE OF HERBICIDE FOR THE
PLANT FARM FROM HELENA AGRI­ENTERPRISES, LLC OF STANTON, TEXAS, AND
PRO CHEM SALES OF LUBBOCK, TEXAS, AT A TOTAL COST OF $156,086.95
(DISTRICT: NONE) (GENERAL SERVICES)
8. 2022­156 – RESOLUTION ACCEPTING THE PROPOSAL SUBMITTED BY QBE
INSURANCE GROUP THROUGH STEALTH PARTNER GROUP OF DALLAS, TEXAS,
FOR STOP LOSS INSURANCE? AUTHORIZING THE NEGOTIATION AND EXECUTION
OF ALL CONTRACTS AND DOCUMENTS NECESSARY TO EFFECT THE CITY’S
ACCEPTANCE OF SAID PROPOSAL? AND AUTHORIZING PAYMENT (DISTRICT:
NONE) (GENERAL SERVICES)
9. 2022­157 – RESOLUTION AUTHORIZING PURCHASE OF A VERSALIFT AERIAL
BUCKET LIFT TRUCK FROM SOUTHWEST INTERNATIONAL TRUCKS INC. THROUGH
BUYBOARD FOR A TOTAL COST OF $253,888.78 (DISTRICT: NONE) (GENERAL
SERVICES)
12. 126­2022 – MOTION APPOINTING MARCIA BENTLEY­GERMAN AS THE CITY
GOVERNANCE OFFICER/CITY SECRETARY OF THE CITY OF MIDLAND EFFECTIVE
MARCH 1, 2023? AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT
AGREEMENT WITH MARCIA BENTLEY­GERMAN (DISTRICT: ALL) (ADMINISTRATIVE
SERVICES)
14. 2022­160 – RESOLUTION APPROVING THE ISSUANCE OF PERMITS TO PIONEER
NATURAL RESOURCES USA, INC. (“OPERATOR”) TO DRILL 10 OIL AND GAS WELLS
LOCATED IN SECTION 17, BLOCK 38, T­1­S, T&P RR CO. SURVEY, CITY OF
MIDLAND, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED BETWEEN 435 FEET
AND 436 FEET SOUTH OF ARAPAHOE ROAD AND BETWEEN 1,182 FEET AND
AND 436 FEET SOUTH OF ARAPAHOE ROAD AND BETWEEN 1,182 FEET AND
1,362 FEET WEST OF ELKINS ROAD)? AND PROVIDING THAT SAID PERMITS DO
NOT REQUIRE A NEW ROAD REPAIR AGREEMENT BUT SHALL BE CONSOLIDATED
UNDER AN EXISTING ROAD REPAIR AGREEMENT (DISTRICT 1) (DEVELOPMENT
SERVICES)
15. 2022­161 – RESOLUTION APPROVING THE ISSUANCE OF PERMITS TO PERMIAN
DEEP ROCK OIL CO., LLC (“OPERATOR”) TO DRILL 12 OIL AND GAS WELLS
LOCATED IN SECTION 14, BLOCK 39, T­1­S, T&P RR CO. SURVEY, CITY OF
MIDLAND, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED BETWEEN 1,638
FEET AND 1,998 FEET EAST OF NORTH A STREET EXTENSION AND BETWEEN
1,832 FEET AND 2,020 FEET SOUTH OF WEST LOOP 250 NORTH)? GRANTING
VARIANCES FOR SEVEN OF SAID OIL AND GAS WELLS TO BE LOCATED CLOSER
THAN 500 FEET OF AN OCCUPIED RESIDENCE OR COMMERCIAL STRUCTURE?
AND PROVIDING THAT SAID PERMITS DO NOT REQUIRE A NEW ROAD REPAIR
AGREEMENT BUT SHALL BE CONSOLIDATED UNDER AN EXISTING ROAD REPAIR
AGREEMENT (DISTRICT 3) (DEVELOPMENT SERVICES)
16. 128­2022 – MOTION AUTHORIZING THE EXECUTION OF AN EMPLOYMENT
AGREEMENT WITH THE CITY MANAGER (DISTRICT: ALL) (LEGAL)

Item 4

2022­152 – RESOLUTION AWARDING A CONTRACT FOR THE FAIRGROUNDS ROAD ­
LOOP 250 TO MOCKINGBIRD LANE PAVING PROJECT TO JONES BROS. DIRT &
PAVING CONTRACTORS, INC. OF ODESSA, TEXAS, AT A TOTAL COST OF
$2,758,651.04? APPROPRIATING FUNDS? AND AUTHORIZING PAYMENT (DISTRICT 1)
(GENERAL SERVICES)

Item 6

2022­154 – RESOLUTION AWARDING A CONTRACT FOR THE PECK/TERRELL LIFT
STATION ELIMINATION AND NEW SEWER INSTALLATION PROJECT TO TEC
EXCAVATION, INC., FOR THE UTILITIES DEPARTMENT FOR THE TOTAL COST OF
$925,277.00? APPROVING $185,055.40 FOR CONTINGENCIES? AND TRANSFERRING
AND APPROPRIATING FUNDS (DISTRICT 2) (GENERAL SERVICES)

Item 10

2022­158 – RESOLUTION APPROVING THE PURCHASE OF THREE (3) AUTOMATED
REFUSE TRUCKS FROM CHASTANG ENTERPRISES, INC., THROUGH BUYBOARD
AT A TOTAL COST OF $1,159,210.00 (DISTRICT: NONE) (GENERAL SERVICES)

Item 11

2022­159 – RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT WITH GEOGRAPHIC INFORMATION SERVICES, INC., D/B/A
AXIM GEOSPATIAL, LLC, FOR AERIAL LIDAR COLLECTION MAPPING SERVICES
THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES AT A TOTAL
COST OF $178,200.00 FOR THE COMMUNICATION AND INFORMATION SYSTEMS
DEPARTMENT (DISTRICT: ALL) (GENERAL SERVICES)

Item 13

127­2022 – MOTION AUTHORIZING THE ACCEPTANCE OF A FUTURE DONATION OF
A CEDRIC BENSON STATUE TO BE PLACED INSIDE ASTOUND BROADBAND
STADIUM AT THE SCHARBAUER SPORTS COMPLEX? AND AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS AND
INSTRUMENTS FOR THE ACCEPTANCE OF SAID FUTURE DONATION (DISTRICT 4)
(COMMUNITY SERVICES)

Second Readings

17. 10352 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF
MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOT 3G,
BLOCK 6, SCOTSDALE ADDITION, SECTION 19, CITY AND COUNTY OF MIDLAND,
TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF WEST WADLEY AVENUE,
APPROXIMATELY 535 FEET WEST OF NORTH MIDLAND DRIVE), WHICH IS
PRESENTLY ZONED RR, REGIONAL RETAIL 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 4) (DEVELOPMENT
SERVICES) (FIRST READING HELD OCTOBER 25, 2022)
18. 10353 – AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR LOT 7, BLOCK 50,
EAST MIDLAND ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY
LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SOUTH
STREET AND TYLER STREET), BY PERMITTING A REDUCED MINIMUM LOT WIDTH IN
THE EVENT THAT THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND IS
AMENDED TO REZONE THE PROPERTY FROM HI, HEAVY INDUSTRIAL DISTRICT TO
SF­3, SINGLE­FAMILY DWELLING DISTRICT? CONTAINING A CUMULATIVE CLAUSE?
CONTAINING A SAVINGS AND SEVERABILITY CLAUSE? PROVIDING FOR A MAXIMUM
PENALTY OR FINE OF TWO THOUSAND DOLLARS ($2,000.00)? ORDERING
RECORDATION BY THE CITY SECRETARY IN THE DEED RECORDS OF MIDLAND
COUNTY, TEXAS? AND ORDERING PUBLICATION (DISTRICT 2) (DEVELOPMENT
SERVICES) (FIRST READING HELD OCTOBER 25, 2022)
19. 10354 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF
MIDLAND TO REZONE LOT 1, BLOCK 26, WEDGWOOD PARK ADDITION, SECTION 4,
CITY AND COUNTY OF MIDLAND, TEXAS, FROM O­1, OFFICE DISTRICT, TO RR,
REGIONAL RETAIL DISTRICT (GENERALLY LOCATED ON THE EAST SIDE OF NORTH
MIDLAND DRIVE, APPROXIMATELY 510 FEET NORTH OF NEELY 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) (FIRST READING HELD OCTOBER 25, 2022)
20. 10355 – AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR THE WEST 40
FEET OF LOT 4 AND THE EAST 25 FEET OF LOT 5, BLOCK J, GARRETT PLACE
ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE
SOUTH SIDE OF WEST INDIANA AVENUE, APPROXIMATELY 80 FEET EAST OF
CARLTON STREET), BY PERMITTING A REDUCED MINIMUM LOT DEPTH?
CONTAINING A CUMULATIVE CLAUSE? CONTAINING A SAVINGS AND SEVERABILITY
CLAUSE? PROVIDING FOR A MAXIMUM PENALTY OR FINE OF TWO THOUSAND
DOLLARS ($2,000.00)? ORDERING RECORDATION BY THE CITY SECRETARY IN THE
DEED RECORDS OF MIDLAND COUNTY, TEXAS? AND ORDERING PUBLICATION
(DISTRICT 3) (DEVELOPMENT SERVICES) (FIRST READING HELD OCTOBER 25,
2022)
21. 10356 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF
MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITHOUT TERM FOR LOT 22
AND THE WEST 97.3 FEET OF LOT 23, BLOCK 81, PERMIAN ESTATES ADDITION,
CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE NORTH
SIDE OF WEST WALL STREET, APPROXIMATELY 438 FEET WEST OF THOMASON
DRIVE), WHICH IS PRESENTLY ZONED RR, REGIONAL RETAIL DISTRICT, ALLOWING
SAID PROPERTY TO BE USED FOR AUTOMOBILE OR OTHER MOTORIZED VEHICLE
SALES AND SERVICE? 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 2) (DEVELOPMENT
SERVICES) (FIRST READING HELD OCTOBER 25, 2022)

Public Hearings

22. 2022­162 – RESOLUTION REAUTHORIZING AND ADOPTING GUIDELINES AND
CRITERIA FOR TAX ABATEMENT AGREEMENTS AS AUTHORIZED BY CHAPTER 312
OF THE TEXAS TAX CODE? AND AUTHORIZING THE CITY SECRETARY TO SUBMIT A
COPY OF THIS RESOLUTION TO THE TEXAS COMPTROLLER OF PUBLIC
ACCOUNTS (DISTRICT: ALL) (CITY MANAGER)
23. 129­2022 – THE PROPOSED GRANTING OF OIL AND GAS WELL PERMITS TO
PIONEER NATURAL RESOURCES, USA, INC. (“OPERATOR”) FOR THE DRILLING OF
THE FOLLOWING OIL AND GAS WELLS: STIMSON W17A 1H? STIMSON W17B 2H?
STIMSON W17C 3H? STIMSON W17D 4H? STIMSON W17E 5H? STIMSON W17F 6H?
STIMSON W17G 7H? STIMSON W17H 8H? STIMSON W17I 9H? AND STIMSON W17J
10H? SAID WELLS BEING GENERALLY LOCATED BETWEEN 375 FEET AND 376
FEET SOUTH OF ARAPAHOE ROAD AND BETWEEN 1,040 FEET AND 1,220 FEET
EAST OF TODD DRIVE EXTENSION? PUBLIC HEARING ONLY (DISTRICT 1)
(DEVELOPMENT SERVICES)
24. 10357 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF
MIDLAND TO REZONE LOT 7, BLOCK 50, EAST MIDLAND ADDITION, CITY AND
COUNTY OF MIDLAND, TEXAS, FROM HI, HEAVY INDUSTRIAL DISTRICT TO SF­3,
SINGLE­FAMILY DWELLING DISTRICT (GENERALLY LOCATED AT THE NORTHEAST
CORNER OF THE INTERSECTION OF SOUTH STREET AND NORTH TYLER STREET)?
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. 10358 – AN ORDINANCE VACATING AND ABANDONING A 0.067­ACRE PORTION OF
ALLEY RIGHT­OF­WAY LOCATED ADJACENT TO LOTS 5 THROUGH 9, BLOCK 17,
KELVIEW HEIGHTS ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS
(GENERALLY LOCATED ON THE NORTH SIDE OF SCHARBAUER DRIVE,
APPROXIMATELY 209 FEET WEST OF NORTH BIG SPRING STREET)? ADOPTING
THE APPRAISAL BY THE CITY MANAGER OF $5,836.00? RETAINING A
NONEXCLUSIVE UTILITY EASEMENT? AND ORDERING RECORDATION BY THE CITY
SECRETARY (DISTRICT 3) (DEVELOPMENT SERVICES)

Executive Session

28. Pursuant to Texas Government Code § 551.101, the City Council will hold an Executive
Session, which is closed to the public, to discuss the following matters as permitted under
Session, which is closed to the public, to discuss the following matters as permitted under
the following sections of the Texas Government Code:
a. Section 551.072, Deliberation Regarding Real Property
a.1. Discuss the purchase, exchange, lease or value of real property
b. Section 551.087, Deliberate Economic Development Negotiations
b.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