OPENING ITEMS 1. Invocation – Edward Mayberry, Community Worship Center 2. Pledge of Allegiance
CONSENT AGENDA 3. MOTION APPROVING THE FOLLOWING MINUTES: 3a. REGULAR SESSION OF APRIL 12, 2022 5. 0432022 – MOTION APPROVING AN AMENDMENT TO THAT CERTAIN INCUBATOR AND MAKERSPACE GRANT AGREEMENT BETWEEN THE MIDLAND DEVELOPMENT CORPORATION AND THE UNIVERSITY OF TEXAS OF THE PERMIAN BASIN (DISTRICT: NONE) (CITY MANAGER) 6. 0442022 – MOTION APPROVING AN AMENDMENT TO THAT CERTAIN PURCHASE AND SALE AGREEMENT BETWEEN THE MIDLAND DEVELOPMENT CORPORATION AND THE ESTATE OF J.L. DAVIS FOR THE PURCHASE OF 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) 9. 0462022 – MOTION AUTHORIZING THE EXECUTION OF A RIGHTOFWAY LICENSE (22329019) WITH ENTERPRISE NAVITAS MIDSTREAM MIDLAND BASIN, LLC., REGARDING CITYOWNED PROPERTY DESCRIBED AS SECTION 19, BLOCK 36 AND SECTION 24, BLOCK 37, TOWNSHIP 3 SOUTH, T&P RR CO. SURVEY, MIDLAND COUNTY, TEXAS (DISTRICT: NONE) (UTILITIES)
2022051 – RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE CERTAIN REAL PROPERTY DESCRIBED AS LOTS 3A AND 4, BLOCK 6, WESTRIDGE PARK ADDITION, SECTION 44, CITY AND COUNTY OF MIDLAND, TEXAS? AUTHORIZING THE CITY MANAGER TO NEGOTIATE, EXECUTE AND FILE ALL DOCUMENTS NECESSARY TO PURCHASE SAID PROPERTY AND HOLD THE CLOSING? ORDERING THE CITY SECRETARY TO RECORD, OR ENSURE THAT THE TITLE COMPANY RECORDS, THE INSTRUMENT OF CONVEYANCE? AND APPROPRIATING FUNDS FOR SAID PURCHASE (DISTRICT 4) (GENERAL SERVICES)
2022052 – RESOLUTION APPROVING THE ISSUANCE OF PERMITS TO PERMIAN DEEP ROCK OIL CO., LLC (“OPERATOR”) TO DRILL 11 OIL AND GAS WELLS LOCATED IN SECTION 2, BLOCK 39, T2S, T&P RR CO. SURVEY, CITY OF MIDLAND, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED BETWEEN 231 FEET AND 2,422 FEET WEST OF SOUTH LAMESA ROAD AND BETWEEN 150 FEET AND 170 FEET SOUTH OF INTERSTATE 20)? AND WAIVING THE REQUIREMENT OF A ROAD REPAIR AGREEMENT (DISTRICT 2) (DEVELOPMENT SERVICES)
0452022 – MOTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ACCEPT, ON BEHALF OF THE CITY OF MIDLAND, A RIGHTOFWAY DEDICATION OUT OF SECTION 1, BLOCK 39, T1S, T&P RR CO. SURVEY, AND SECTION 6, BLOCK 38, T1S, W. M. BRECKON SURVEY, MARTIN COUNTY, TEXAS, FROM JONES BROS. DIRT & PAVING CONTRACTORS, INC. (“JONES BROS.”) FOR THE USE AND BENEFIT OF THE PUBLIC FOR STREET, ROAD, DRAINAGE AND PUBLIC UTILITY PURPOSES, OR FOR ANY OTHER ANCILLARY PUBLIC USE AS USUAL AND CUSTOMARY IN CONNECTION THEREWITH, WHICH SHALL SUPERSEDE THE RIGHTOFWAY DEDICATION GRANTED BY JONES BROS. TO THE CITY IN THAT CERTAIN INSTRUMENT DATED OCTOBER 22, 2015? AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT THE RIGHTOFWAY DEDICATION (DISTRICT 1) (ENGINEERING SERVICES)
SECOND READINGS 10. 10297 – AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR A 0.41ACRE TRACT OF LAND OUT OF LOT 3, ASHLIN PLACE, SECTION 2, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE SOUTHEAST SIDE OF LIVE OAK DRIVE, APPROXIMATELY 233 FEET SOUTH OF WEST SCHARBAUER DRIVE), BY PERMITTING (1) AN INCREASED MAXIMUM LIVING AREA OF AN ACCESSORY DWELLING UNIT AND (2) A REDUCED MINIMUM REAR YARD SETBACK? 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) (DEFERRED FROM APRIL 12, 2022) (FIRST READING HELD MARCH 22, 2022) 11. 10299 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR AN 8,126SQUARE FOOT PORTION OF LOT 6, BLOCK 44, FAIRMONT PARK ADDITION, SECTION 25, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF WEST LOOP 250 NORTH AND HENRY KOONTZ BOULEVARD), WHICH IS PRESENTLY ZONED PD, PLANNED DEVELOPMENT BOULEVARD), WHICH IS PRESENTLY ZONED PD, PLANNED DEVELOPMENT DISTRICT FOR A SHOPPING CENTER, 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 1) (DEVELOPMENT SERVICES) (FIRST READING HELD APRIL 12, 2022 ) 12. 10300 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 4, BLOCK 1, ROLLING GREEN ACRES ADDITION, SECTION 2, CITY AND COUNTY OF MIDLAND, TEXAS, FROM AE, AGRICULTURAL ESTATE DISTRICT TO LR, LOCAL RETAIL DISTRICT (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF CHUKAR LANE AND EAST BUSINESS INTERSTATE 20)? 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 (COUNCIL DISTRICT 2) (DEVELOPMENT SERVICES) (FIRST READING HELD APRIL 12, 2022 ) 13. 10301 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 3, BLOCK 6, EASTOVER ADDITION, THIRD EXTENSION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM MF22, MULTIPLEFAMILY DWELLING DISTRICT TO SF3, SINGLEFAMILY DWELLING DISTRICT (GENERALLY LOCATED ON THE WEST SIDE OF NORTH CALHOUN STREET, APPROXIMATELY 112 FEET SOUTH OF EAST ILLINOIS 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) (FIRST READING HELD APRIL 12, 2022 ) 14. 10302 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOTS 7 THROUGH 9, BLOCK 183, SOUTHERN ADDITION, CITY AND COUNTY OF MIDLAND, T E X A S ( G E N E R A L L Y L O C A T E D A T T H E N O R T H E A S T C O R N E R O F T H E INTERSECTION OF SOUTH BIG SPRING STREET AND WEST DAKOTA AVENUE), 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 2) (DEVELOPMENT SERVICES) (FIRST READING HELD APRIL 12, 2022 ) 15. 10303 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 1 AND THE EAST 6 FEET OF LOT 2, BLOCK 2, SCOTSDALE ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM PD, PLANNED DEVELOPMENT DISTRICT FOR AN OFFICE CENTER TO AN AMENDED PD, PLANNED DEVELOPMENT DISTRICT FOR AN OFFICE CENTER (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GULF AVENUE AND MIDLAND 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 (COUNCIL DISTRICT 2) (DEVELOPMENT SERVICES) (FIRST READING HELD APRIL 12, 2022 ) 16. 10304 – AN ORDINANCE VACATING AND ABANDONING A 0.192ACRE PORTION OF ALLEY RIGHTOFWAY LOCATED ADJACENT TO LOTS 1114, BLOCK 2, 349 RANCH ESTATES, LOTS 30 AND 31, BLOCK 2, 349 RANCH ESTATES, SECTION 2, AND LOT 28A, BLOCK 2, 349 RANCH ESTATES, SECTION 14, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF NORTH STATE HIGHWAY 349, APPROXIMATELY 245 FEET SOUTH OF WASHITA STREET)? ADOPTING THE APPRAISAL BY THE CITY MANAGER OF $8,399.00? AND ORDERING RECORDATION BY THE CITY SECRETARY (DISTRICT 1) (DEVELOPMENT SERVICES) (FIRST READING HELD APRIL 12, 2022 )
PUBLIC HEARINGS The City Council will hold public hearings on the following items: 17. HOLD A PUBLIC HEARING TO DISCUSS THE REDISTRICTING OF CITY OF MIDLAND COUNCIL MEMBER DISTRICTS BASED ON 2020 CENSUS DATA, INCLUDING EXAMPLE PLANS AND AMENDMENTS, TO DEVELOP A PLAN FOR FUTURE ADOPTION? AND TO RECEIVE PUBLIC COMMENT WITH REGARD TO THE REDRAWING OF COUNCIL MEMBER DISTRICT BOUNDARIES (DISTRICT: ALL) (CITY MANAGER) (DISTRICT: ALL) (CITY MANAGER) 18. 10305 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOTS 4 THROUGH 7, BLOCK 42, GREENWOOD ADDITION, THIRD, FOURTH, AND FIFTH SECTIONS, CITY AND COUNTY OF MIDLAND, TEXAS, FROM C, COMMERCIAL DISTRICT TO TH, TOWNHOUSE (ATTACHED) DWELLING DISTRICT (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SOUTH WEBSTER STREET AND CLOVERDALE 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 2) (DEVELOPMENT SERVICES) 19. 10306 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 3,000SQUARE FOOT PORTION OF THE NORTH 65 FEET OF LOTS 10, 11, AND 12, BLOCK 15, WEST END ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON WEST SIDE OF A STREET, APPROXIMATELY 75 FEET NORTH OF MISSOURI AVENUE), WHICH IS PRESENTLY ZONED CB, CENTRAL BUSINESS DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT FOR ONPREMISES CONSUMPTION? M A K I N G S A I D D E S I G N A T I O N S U B J E C T T O C E R T A I N C O N D I T I O N S A N D 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) 20. 10307 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 2,372SQUARE FOOT PORTION OF LOT 13A, BLOCK 53, ORIGINAL TOWN ADDITION, SECTION 7, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF MAIN STREET AND WALL STREET), WHICH IS PRESENTLY ZONED PD, PLANNED DEVELOPMENT DISTRICT FOR A HOUSING DEVELOPMENT, 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 2) (DEVELOPMENT SERVICES)
MISCELLANEOUS 21. 2022048 – RESOLUTION APPROVING AMENDMENTS TO THE PERMITS ISSUED TO DIAMONDBACK E&P LLC (“OPERATOR”) TO DRILL ELEVEN OIL AND GAS WELLS LOCATED IN SECTION 8, BLOCK 39, T1S, T&P RR CO. SURVEY, CITY OF MIDLAND, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED BETWEEN 405 AND 470 FEET NORTH OF GREEN TREE BOULEVARD EXTENSION AND BETWEEN 586 FEET AND 2,800 FEET EAST OF NORTH MIDLAND DRIVE)? SAID AMENDMENTS AUTHORIZING THE USE OF ELECTRIC DRIVE COMPRESSORS (DISTRICT 1) (DEVELOPMENT SERVICES) (DEFERRED FROM APRIL 12, 2022) 22. 2022049 – RESOLUTION GRANTING A VARIANCE FOR LOTS 7, 8, 9, AND 10, BLOCK 11, MOCKINGBIRD HEIGHTS ADDITION, SECTION 9, CITY AND COUNTY OF MIDLAND, T E X A S ( G E N E R A L L Y L O C A T E D A T T H E N O R T H W E S T C O R N E R O F T H E INTERSECTION OF WOOD DRIVE AND VALWOOD DRIVE), BY PERMITTING CONSTRUCTION OF RESIDENCES WHERE NO PORTION OF ANY STRUCTURE IS CLOSER THAN 320 FEET OF AN OIL AND GAS WELL? AND AUTHORIZING ISSUANCE OF BUILDING PERMITS (DISTRICT: 1) (DEVELOPMENT SERVICES) (DEFERRED FROM APRIL 12, 2022) 23. 0472022 – MOTION GRANTING PRINCE SIGNS, LLC’S APPEAL AND REVERSING THE BUILDING OFFICIAL’S DENIAL OF A SIGN PERMIT FOR LOT 9, BLOCK 2, LONESTAR BUSINESS PARK, SECTION 3, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF OCCIDENTAL PARKWAY AND NORTH STATE HIGHWAY 349) (DISTRICT 1) OCCIDENTAL PARKWAY AND NORTH STATE HIGHWAY 349) (DISTRICT 1) (DEVELOPMENT SERVICES) 24. MOTION MAKING APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS (CITY SECRETARY’S OFFICE) 25. RECESS AND RECONVENE AT 6:00 P.M. TO HOLD A PUBLIC HEARING TO DISCUSS THE REDISTRICTING OF CITY OF MIDLAND COUNCIL MEMBER DISTRICTS BASED ON 2020 CENSUS DATA, INCLUDING EXAMPLE PLANS AND AMENDMENTS, TO DEVELOP A PLAN FOR THE FUTURE ADOPTION? AND TO RECEIVE PUBLIC COMMENT WITH REGARD TO THE REDRAWING OF COUNCIL MEMBER DISTRICT BOUNDARIES (DISTRICT: ALL) (CITY MANAGER)
EXECUTIVE SESSION 27. 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 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 551.074, Personnel Matters b.1. Deliberate the duties of the City Manager
PUBLIC HEARINGS The City Council will hold public hearings on the following items: 17. HOLD A PUBLIC HEARING TO DISCUSS THE REDISTRICTING OF CITY OF MIDLAND COUNCIL MEMBER DISTRICTS BASED ON 2020 CENSUS DATA, INCLUDING EXAMPLE PLANS AND AMENDMENTS, TO DEVELOP A PLAN FOR FUTURE ADOPTION? AND TO RECEIVE PUBLIC COMMENT WITH REGARD TO THE REDRAWING OF COUNCIL MEMBER DISTRICT BOUNDARIES (DISTRICT: ALL) (CITY MANAGER) (DISTRICT: ALL) (CITY MANAGER) 18. 10305 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOTS 4 THROUGH 7, BLOCK 42, GREENWOOD ADDITION, THIRD, FOURTH, AND FIFTH SECTIONS, CITY AND COUNTY OF MIDLAND, TEXAS, FROM C, COMMERCIAL DISTRICT TO TH, TOWNHOUSE (ATTACHED) DWELLING DISTRICT (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SOUTH WEBSTER STREET AND CLOVERDALE 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 2) (DEVELOPMENT SERVICES) 19. 10306 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 3,000SQUARE FOOT PORTION OF THE NORTH 65 FEET OF LOTS 10, 11, AND 12, BLOCK 15, WEST END ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON WEST SIDE OF A STREET, APPROXIMATELY 75 FEET NORTH OF MISSOURI AVENUE), WHICH IS PRESENTLY ZONED CB, CENTRAL BUSINESS DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT FOR ONPREMISES CONSUMPTION? M A K I N G S A I D D E S I G N A T I O N S U B J E C T T O C E R T A I N C O N D I T I O N S A N D 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) 20. 10307 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 2,372SQUARE FOOT PORTION OF LOT 13A, BLOCK 53, ORIGINAL TOWN ADDITION, SECTION 7, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF MAIN STREET AND WALL STREET), WHICH IS PRESENTLY ZONED PD, PLANNED DEVELOPMENT DISTRICT FOR A HOUSING DEVELOPMENT, 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 2) (DEVELOPMENT SERVICES)
Apr 26, 2022 Council Meeting
OPENING ITEMS 1. Invocation – Edward Mayberry, Community Worship Center 2. Pledge of Allegiance
CONSENT AGENDA 3. MOTION APPROVING THE FOLLOWING MINUTES: 3a. REGULAR SESSION OF APRIL 12, 2022 5. 0432022 – MOTION APPROVING AN AMENDMENT TO THAT CERTAIN INCUBATOR AND MAKERSPACE GRANT AGREEMENT BETWEEN THE MIDLAND DEVELOPMENT CORPORATION AND THE UNIVERSITY OF TEXAS OF THE PERMIAN BASIN (DISTRICT: NONE) (CITY MANAGER) 6. 0442022 – MOTION APPROVING AN AMENDMENT TO THAT CERTAIN PURCHASE AND SALE AGREEMENT BETWEEN THE MIDLAND DEVELOPMENT CORPORATION AND THE ESTATE OF J.L. DAVIS FOR THE PURCHASE OF 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) 9. 0462022 – MOTION AUTHORIZING THE EXECUTION OF A RIGHTOFWAY LICENSE (22329019) WITH ENTERPRISE NAVITAS MIDSTREAM MIDLAND BASIN, LLC., REGARDING CITYOWNED PROPERTY DESCRIBED AS SECTION 19, BLOCK 36 AND SECTION 24, BLOCK 37, TOWNSHIP 3 SOUTH, T&P RR CO. SURVEY, MIDLAND COUNTY, TEXAS (DISTRICT: NONE) (UTILITIES)
2022051 – RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE CERTAIN REAL PROPERTY DESCRIBED AS LOTS 3A AND 4, BLOCK 6, WESTRIDGE PARK ADDITION, SECTION 44, CITY AND COUNTY OF MIDLAND, TEXAS? AUTHORIZING THE CITY MANAGER TO NEGOTIATE, EXECUTE AND FILE ALL DOCUMENTS NECESSARY TO PURCHASE SAID PROPERTY AND HOLD THE CLOSING? ORDERING THE CITY SECRETARY TO RECORD, OR ENSURE THAT THE TITLE COMPANY RECORDS, THE INSTRUMENT OF CONVEYANCE? AND APPROPRIATING FUNDS FOR SAID PURCHASE (DISTRICT 4) (GENERAL SERVICES)
2022052 – RESOLUTION APPROVING THE ISSUANCE OF PERMITS TO PERMIAN DEEP ROCK OIL CO., LLC (“OPERATOR”) TO DRILL 11 OIL AND GAS WELLS LOCATED IN SECTION 2, BLOCK 39, T2S, T&P RR CO. SURVEY, CITY OF MIDLAND, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED BETWEEN 231 FEET AND 2,422 FEET WEST OF SOUTH LAMESA ROAD AND BETWEEN 150 FEET AND 170 FEET SOUTH OF INTERSTATE 20)? AND WAIVING THE REQUIREMENT OF A ROAD REPAIR AGREEMENT (DISTRICT 2) (DEVELOPMENT SERVICES)
0452022 – MOTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ACCEPT, ON BEHALF OF THE CITY OF MIDLAND, A RIGHTOFWAY DEDICATION OUT OF SECTION 1, BLOCK 39, T1S, T&P RR CO. SURVEY, AND SECTION 6, BLOCK 38, T1S, W. M. BRECKON SURVEY, MARTIN COUNTY, TEXAS, FROM JONES BROS. DIRT & PAVING CONTRACTORS, INC. (“JONES BROS.”) FOR THE USE AND BENEFIT OF THE PUBLIC FOR STREET, ROAD, DRAINAGE AND PUBLIC UTILITY PURPOSES, OR FOR ANY OTHER ANCILLARY PUBLIC USE AS USUAL AND CUSTOMARY IN CONNECTION THEREWITH, WHICH SHALL SUPERSEDE THE RIGHTOFWAY DEDICATION GRANTED BY JONES BROS. TO THE CITY IN THAT CERTAIN INSTRUMENT DATED OCTOBER 22, 2015? AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT THE RIGHTOFWAY DEDICATION (DISTRICT 1) (ENGINEERING SERVICES)
SECOND READINGS 10. 10297 – AN ORDINANCE GRANTING A SPECIAL EXCEPTION FOR A 0.41ACRE TRACT OF LAND OUT OF LOT 3, ASHLIN PLACE, SECTION 2, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE SOUTHEAST SIDE OF LIVE OAK DRIVE, APPROXIMATELY 233 FEET SOUTH OF WEST SCHARBAUER DRIVE), BY PERMITTING (1) AN INCREASED MAXIMUM LIVING AREA OF AN ACCESSORY DWELLING UNIT AND (2) A REDUCED MINIMUM REAR YARD SETBACK? 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) (DEFERRED FROM APRIL 12, 2022) (FIRST READING HELD MARCH 22, 2022) 11. 10299 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR AN 8,126SQUARE FOOT PORTION OF LOT 6, BLOCK 44, FAIRMONT PARK ADDITION, SECTION 25, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE SOUTHEAST CORNER OF WEST LOOP 250 NORTH AND HENRY KOONTZ BOULEVARD), WHICH IS PRESENTLY ZONED PD, PLANNED DEVELOPMENT BOULEVARD), WHICH IS PRESENTLY ZONED PD, PLANNED DEVELOPMENT DISTRICT FOR A SHOPPING CENTER, 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 1) (DEVELOPMENT SERVICES) (FIRST READING HELD APRIL 12, 2022 ) 12. 10300 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 4, BLOCK 1, ROLLING GREEN ACRES ADDITION, SECTION 2, CITY AND COUNTY OF MIDLAND, TEXAS, FROM AE, AGRICULTURAL ESTATE DISTRICT TO LR, LOCAL RETAIL DISTRICT (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF CHUKAR LANE AND EAST BUSINESS INTERSTATE 20)? 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 (COUNCIL DISTRICT 2) (DEVELOPMENT SERVICES) (FIRST READING HELD APRIL 12, 2022 ) 13. 10301 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 3, BLOCK 6, EASTOVER ADDITION, THIRD EXTENSION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM MF22, MULTIPLEFAMILY DWELLING DISTRICT TO SF3, SINGLEFAMILY DWELLING DISTRICT (GENERALLY LOCATED ON THE WEST SIDE OF NORTH CALHOUN STREET, APPROXIMATELY 112 FEET SOUTH OF EAST ILLINOIS 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) (FIRST READING HELD APRIL 12, 2022 ) 14. 10302 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR LOTS 7 THROUGH 9, BLOCK 183, SOUTHERN ADDITION, CITY AND COUNTY OF MIDLAND, T E X A S ( G E N E R A L L Y L O C A T E D A T T H E N O R T H E A S T C O R N E R O F T H E INTERSECTION OF SOUTH BIG SPRING STREET AND WEST DAKOTA AVENUE), 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 2) (DEVELOPMENT SERVICES) (FIRST READING HELD APRIL 12, 2022 ) 15. 10303 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOT 1 AND THE EAST 6 FEET OF LOT 2, BLOCK 2, SCOTSDALE ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS, FROM PD, PLANNED DEVELOPMENT DISTRICT FOR AN OFFICE CENTER TO AN AMENDED PD, PLANNED DEVELOPMENT DISTRICT FOR AN OFFICE CENTER (GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GULF AVENUE AND MIDLAND 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 (COUNCIL DISTRICT 2) (DEVELOPMENT SERVICES) (FIRST READING HELD APRIL 12, 2022 ) 16. 10304 – AN ORDINANCE VACATING AND ABANDONING A 0.192ACRE PORTION OF ALLEY RIGHTOFWAY LOCATED ADJACENT TO LOTS 1114, BLOCK 2, 349 RANCH ESTATES, LOTS 30 AND 31, BLOCK 2, 349 RANCH ESTATES, SECTION 2, AND LOT 28A, BLOCK 2, 349 RANCH ESTATES, SECTION 14, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF NORTH STATE HIGHWAY 349, APPROXIMATELY 245 FEET SOUTH OF WASHITA STREET)? ADOPTING THE APPRAISAL BY THE CITY MANAGER OF $8,399.00? AND ORDERING RECORDATION BY THE CITY SECRETARY (DISTRICT 1) (DEVELOPMENT SERVICES) (FIRST READING HELD APRIL 12, 2022 )
PUBLIC HEARINGS The City Council will hold public hearings on the following items: 17. HOLD A PUBLIC HEARING TO DISCUSS THE REDISTRICTING OF CITY OF MIDLAND COUNCIL MEMBER DISTRICTS BASED ON 2020 CENSUS DATA, INCLUDING EXAMPLE PLANS AND AMENDMENTS, TO DEVELOP A PLAN FOR FUTURE ADOPTION? AND TO RECEIVE PUBLIC COMMENT WITH REGARD TO THE REDRAWING OF COUNCIL MEMBER DISTRICT BOUNDARIES (DISTRICT: ALL) (CITY MANAGER) (DISTRICT: ALL) (CITY MANAGER) 18. 10305 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOTS 4 THROUGH 7, BLOCK 42, GREENWOOD ADDITION, THIRD, FOURTH, AND FIFTH SECTIONS, CITY AND COUNTY OF MIDLAND, TEXAS, FROM C, COMMERCIAL DISTRICT TO TH, TOWNHOUSE (ATTACHED) DWELLING DISTRICT (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SOUTH WEBSTER STREET AND CLOVERDALE 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 2) (DEVELOPMENT SERVICES) 19. 10306 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 3,000SQUARE FOOT PORTION OF THE NORTH 65 FEET OF LOTS 10, 11, AND 12, BLOCK 15, WEST END ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON WEST SIDE OF A STREET, APPROXIMATELY 75 FEET NORTH OF MISSOURI AVENUE), WHICH IS PRESENTLY ZONED CB, CENTRAL BUSINESS DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT FOR ONPREMISES CONSUMPTION? M A K I N G S A I D D E S I G N A T I O N S U B J E C T T O C E R T A I N C O N D I T I O N S A N D 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) 20. 10307 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 2,372SQUARE FOOT PORTION OF LOT 13A, BLOCK 53, ORIGINAL TOWN ADDITION, SECTION 7, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF MAIN STREET AND WALL STREET), WHICH IS PRESENTLY ZONED PD, PLANNED DEVELOPMENT DISTRICT FOR A HOUSING DEVELOPMENT, 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 2) (DEVELOPMENT SERVICES)
MISCELLANEOUS 21. 2022048 – RESOLUTION APPROVING AMENDMENTS TO THE PERMITS ISSUED TO DIAMONDBACK E&P LLC (“OPERATOR”) TO DRILL ELEVEN OIL AND GAS WELLS LOCATED IN SECTION 8, BLOCK 39, T1S, T&P RR CO. SURVEY, CITY OF MIDLAND, MIDLAND COUNTY, TEXAS (GENERALLY LOCATED BETWEEN 405 AND 470 FEET NORTH OF GREEN TREE BOULEVARD EXTENSION AND BETWEEN 586 FEET AND 2,800 FEET EAST OF NORTH MIDLAND DRIVE)? SAID AMENDMENTS AUTHORIZING THE USE OF ELECTRIC DRIVE COMPRESSORS (DISTRICT 1) (DEVELOPMENT SERVICES) (DEFERRED FROM APRIL 12, 2022) 22. 2022049 – RESOLUTION GRANTING A VARIANCE FOR LOTS 7, 8, 9, AND 10, BLOCK 11, MOCKINGBIRD HEIGHTS ADDITION, SECTION 9, CITY AND COUNTY OF MIDLAND, T E X A S ( G E N E R A L L Y L O C A T E D A T T H E N O R T H W E S T C O R N E R O F T H E INTERSECTION OF WOOD DRIVE AND VALWOOD DRIVE), BY PERMITTING CONSTRUCTION OF RESIDENCES WHERE NO PORTION OF ANY STRUCTURE IS CLOSER THAN 320 FEET OF AN OIL AND GAS WELL? AND AUTHORIZING ISSUANCE OF BUILDING PERMITS (DISTRICT: 1) (DEVELOPMENT SERVICES) (DEFERRED FROM APRIL 12, 2022) 23. 0472022 – MOTION GRANTING PRINCE SIGNS, LLC’S APPEAL AND REVERSING THE BUILDING OFFICIAL’S DENIAL OF A SIGN PERMIT FOR LOT 9, BLOCK 2, LONESTAR BUSINESS PARK, SECTION 3, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF OCCIDENTAL PARKWAY AND NORTH STATE HIGHWAY 349) (DISTRICT 1) OCCIDENTAL PARKWAY AND NORTH STATE HIGHWAY 349) (DISTRICT 1) (DEVELOPMENT SERVICES) 24. MOTION MAKING APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS (CITY SECRETARY’S OFFICE) 25. RECESS AND RECONVENE AT 6:00 P.M. TO HOLD A PUBLIC HEARING TO DISCUSS THE REDISTRICTING OF CITY OF MIDLAND COUNCIL MEMBER DISTRICTS BASED ON 2020 CENSUS DATA, INCLUDING EXAMPLE PLANS AND AMENDMENTS, TO DEVELOP A PLAN FOR THE FUTURE ADOPTION? AND TO RECEIVE PUBLIC COMMENT WITH REGARD TO THE REDRAWING OF COUNCIL MEMBER DISTRICT BOUNDARIES (DISTRICT: ALL) (CITY MANAGER)
EXECUTIVE SESSION 27. 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 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 551.074, Personnel Matters b.1. Deliberate the duties of the City Manager
PUBLIC HEARINGS The City Council will hold public hearings on the following items: 17. HOLD A PUBLIC HEARING TO DISCUSS THE REDISTRICTING OF CITY OF MIDLAND COUNCIL MEMBER DISTRICTS BASED ON 2020 CENSUS DATA, INCLUDING EXAMPLE PLANS AND AMENDMENTS, TO DEVELOP A PLAN FOR FUTURE ADOPTION? AND TO RECEIVE PUBLIC COMMENT WITH REGARD TO THE REDRAWING OF COUNCIL MEMBER DISTRICT BOUNDARIES (DISTRICT: ALL) (CITY MANAGER) (DISTRICT: ALL) (CITY MANAGER) 18. 10305 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO REZONE LOTS 4 THROUGH 7, BLOCK 42, GREENWOOD ADDITION, THIRD, FOURTH, AND FIFTH SECTIONS, CITY AND COUNTY OF MIDLAND, TEXAS, FROM C, COMMERCIAL DISTRICT TO TH, TOWNHOUSE (ATTACHED) DWELLING DISTRICT (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SOUTH WEBSTER STREET AND CLOVERDALE 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 2) (DEVELOPMENT SERVICES) 19. 10306 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 3,000SQUARE FOOT PORTION OF THE NORTH 65 FEET OF LOTS 10, 11, AND 12, BLOCK 15, WEST END ADDITION, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED ON WEST SIDE OF A STREET, APPROXIMATELY 75 FEET NORTH OF MISSOURI AVENUE), WHICH IS PRESENTLY ZONED CB, CENTRAL BUSINESS DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL DISTRICT, ALLOWING SAID PROPERTY TO BE USED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN A RESTAURANT FOR ONPREMISES CONSUMPTION? M A K I N G S A I D D E S I G N A T I O N S U B J E C T T O C E R T A I N C O N D I T I O N S A N D 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) 20. 10307 – AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MIDLAND TO GRANT A SPECIFIC USE DESIGNATION WITH TERM FOR A 2,372SQUARE FOOT PORTION OF LOT 13A, BLOCK 53, ORIGINAL TOWN ADDITION, SECTION 7, CITY AND COUNTY OF MIDLAND, TEXAS (GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF MAIN STREET AND WALL STREET), WHICH IS PRESENTLY ZONED PD, PLANNED DEVELOPMENT DISTRICT FOR A HOUSING DEVELOPMENT, 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 2) (DEVELOPMENT SERVICES)