Loading...
1994708 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL The City Council of the City of Paris met in special session, Thursday, January 6, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Pro Tem Don Shelton called the meeting to order with the following Councilmembers present: Jim Bell, Wayne Brown, John F. Bell, and Rondie Williams. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Joe McCollum, Director of Community Development, presented the minutes of the Planning and Zoning Commission's meeting held January 3, 1994, and attached hereto as a part of these minutes as Exhibit A. Mayor Pro Tem Shelton announced that the first item on the agenda had been tabled at the December 9, 1994, and a motion was needed to bring this item from the table was in order if the Council wished to consider this matter tonight. A motion was made by Councilman Jim Bell, seconded by Councilman Williams to bring Agenda Item No. 3 from the Table, continuation of public hearing to consider the petition of Buford Jordan for a change in zoning from a Two Family Dwelling District (2F) to a Multi - Family Dwelling District No. 1 (MF -1) on Lot 10, Block 6, Locust Hill Addition located at 1022 S. W. 3rd Street. The motion carried 5 ayes, 0 nays. Mayor Pro Tem Shelton declared the public hearing open on the petition of Buford Jordan, and called for proponents to appear. Lloyd Melvin came forward telling the Council that his plan is to purchase this property and construct a 7 unit apartment building. Mr. Melvin said the apartments would be one bedroom efficiency units for the elderly. Mayor Pro Tem called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Jim Bell, seconded by Councilman Brown authorizing preparation of an ordinance to be presented at the next regular council meeting changing the zoning on Lot 10, Block 6, Locust Hill Addition from Two Family Dwelling District to a Multi- Family Dwelling. The motion carried 5 ayes, 0 nays. Councilman John Bell requested the Council to excuse him due to conflict of interest regarding the next item on the agenda. A motion was made by Councilman Jim Bell, seconded by Councilman Brown to excuse Councilman John Bell. The motion carried 4 ayes, 0 nays, and Councilman John Bell departed the Council chambers. Mayor Pro Tem Shelton declared the public hearing open on the petition to change the zoning from a One Family Dwelling District (SF -2) to a Planned Development - Retail District (PD -a) on Lots 8A, 8B, 9, 110, 10A, 11, City Block 222 -B and on Lots 16 and 17 and part of Lots 15 and 18, City Block 286 located between Lamar Avenue and E. Price Street from Collegiate Drive west to a point 158 feet west of 27th N. E. "709 Mayor Pro Tem Shelton called for proponents to appear, and Eddie McFadden, 125 27th N. E., appeared before the Council representing the property owners, presented petitions and a letter from property owners requesting that the zoning be changed to General Retail District instead of Planned Development District, and asked that the matter be tabled until the next meeting. Hedy Nash, 115 N. E. 27th, also appeared before the Council requested that the Council table action on the zoning request so that it could go back to the Planning and Zoning Commission so that the 30 day notice can be given for this property to be zoned General Retail. Ms. Nash said that all the neighbors were in agreement including the two people who were opposed to the zoning change at the last meeting. Mayor Pro Tem Shelton called for opponents to appear and Betty Vandever, 2720 Culbertson, appeared before the Council questioning the Council to see if they had taken in account the drainage problem, the water runoff when they allow all the concrete to be put down on the hill above. Ms. Vandever said she has the ditch that runs on two sides of her property, and the City has enlarged one of the ditchs, but they stopped at her property. Ms. Vandever requested that the Council consider the drainage down the line, and if the ditch can be enlarged, she did not have a problem. Mayor Pro Tem Shelton advised Ms. Vandever that the City has long range plans addressing the drainage problem in the area that she was concerned with. After further discussion, a motion was made by Councilman Jim Bell to continue the public hearing on this matter at another time. The motion was seconded by Councilman Brown, and carried 4 ayes, 0 nays. A motion was made by Councilman Jim Bell to table Agenda Item No. 6, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District (SF -2) to a Planned Development - Retail District (PD -a) on Lots 8A, 8 -B, 9, 10, 10 -A and 11, City Block 222 -B and on Lots 16 and 17, and part of Lots 15 and 18, City Block 286 located between Lamar Avenue and E. Price Street from Collegiate Drive west to a point 158 feet west of 27th N. E. The motion was seconded by Councilman Brown, and carried 4 ayes, 0 nays. A motion was made by Councilman Jim Bell, Seconded by Councilman Brown to allow Councilman John Bell to return to the Council meeting. The motion carried 4 ayes, 0 nays. City Manager Malone advised the Council that Agenda Item No. 17 which was a public hearing to consider the petition of Darrell Coats for site plan approval in a Planned Development - Housing District on the south 250 feet of Lots 18 -A and 19, City Block 249 located on the east side of S. Collegiate Drive, 160 feet north of Hubbard Street that item and the following item which is action on authorizing preparation of the ordinance, will not be considered tonight due to the City being restrained. 710 City Attorney Haynes also advised the Council that these items will be carried forward to the Monday night agenda. It may or may not be able to be acted upon at that time, but they will be carried forward until such time it can be acted upon. City Manager Malone also told the Council that Items No. 11 of the Agenda, public hearing to consider the petition of Gerald Burnsed for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lots 7 and 8, City Block 311 located at 3350 and 3370 Clarksville Street, Agenda Item No. 12, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 17810 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lots 7, and 8, City Block 311 located at 3350 and 3370 Clarksville Street, Agenda Item No. 13, public hearing to consider the petition of J. D. LaFoy for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lot 10, City Block 311, located at 3420 Clarksville Street, Agenda Item No. 14, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lot 10, City Block 311, located at 3420 Clarksville Street, Agenda Item No. 15, public hearing to consider the petition of the Lamar County Human Resources Council Inc. for a change in zoning from a One Family Dwelling District No. 20 (5F -2) to a Planned Development - Housing District (PD -b) on Lot 9, City Block 311 located at 3390 Clarksville Street, and Agenda Item No. 16, consideration and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lot 9, City Block 311 located at 3390 Clarksville Street, it has been requested by the petitioners that these items be table, and further advised that they were table by the Planning and Zoning Commission. Mayor Pro Tem Shelton moved the above Agneda Items 11 through 16 forward. A motion was made by Councilman Brown to table Agenda Items No. 11 through 16. The motion was seconded by Councilman Williams, and carried 5 ayes, 0 nays. A motion was made by Councilman Jim Bell, seconded by Councilman Brown to continue the public hearing on Agenda Item No. 17, and that Agenda Item No. 18, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 providing site plan approval in a Planned Development - Housing District (PD -b) on the south 250 feet of Lots 18 -A and 19, City Block 249 located on the east side of S. Collegiate Drive, 160 feet north of Hubbard Street, be tabled. The motion carried 5 ayes, 0 nays. City Attorney Haynes said that with regard to Agenda Item No. 17 and 18, since the City is now a party to a law suite, he plans to become 711 active in attempting to settle the matter between the parties, that he is requested a meeting with them tomorrow to see if an agreement could be reached between the neighborhood and the development, and hopefully have the restraining order removed. Mayor Pro Tem Shelton announced that the Council would consider Agenda Item No. 7 at this time, and declared the public hearing open to consider the petition of Bob Wright for a changing in zoning from a Two Family Dwelling District (2F) to a Neighborhood Service District (NS) on Lot 7, City Block 33 -A located at 1405 E. Houston Street. Mayor Pro Tem called for proponents to appear, and Lisa Farris, daughter of Mr. Wright spoke in behalf of the petition saying her father had a locksmith business which he wanted to operate out of his residence at this location. Mayor Pro Tem called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Jim Bell, seconded by Councilman Brown authorizing preparation of an ordinance to be presented at the next regular council meeting changing the zoning from a two family Dwelling District to a Neighborhood Service District on Lot 7, City Block 33 -A. The motion carried 5 ayes, 0 nays. Mayor Pro Tem Shelton declared the public hearing open to consider the petition of Lester Moore for a change in zoning from a One Family Dwelling District: No. 2 (SF -2) to a Multi- Family Dwelling District No. 1 (MF -1) on Lot 2, Block 10, Town North estates located on the northeast corner of Kessler Drive and 29th N. E. Mayor Pro Tem Shelton called for proponents to appear, and none appeared. Mayor pro Tem Shelton called for opponents to appear and Mike Hutchison, 1220 N. Collegiate, appeared before the Council presenting a petition containing 26 signature of property owners objecting to the zoning change. Jack Garrett, 2540 Kessler Drive, Richard Manning, and Fariborz Zamir all appeared speaking against the zoning change. No one else appeared, and the public hearing was declared closed. A motion was made by Councilman Brown, seconded by Councilman Williams to deny the zoning change of Lester Moore. The motion carried 5 ayes, 0 nays. Mayor Pro Tem Shelton declared the public hearing open to consider the petition of Billy M. Hill for a change in zoning from a Two Family Dwelling District (2F) to a Neighborhood Service District (NS) on Lot 27, Block 1, Hayes Addition located at 514 N. W. 7th Street. Mayor Pro Tem called for proponents to appear, and Billy M. Hill 1525 17th N. E., appeared saying that he wanted to build a barber shop on the property in question. Mayor Pro Tem Shelton called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Jim Bell, seconded by Councilman Williams authorizing preparation of an ordinance changing the zoning from a Two Family Dwelling District to a Neighborhood Service District on Lot 27, Block 1, Hayes Addition, to be presented at the next regular Council meeting. The motion carried 5 ayes, 0 nays. Mayor Pro Tem Shelton declared the public hearing open to consider a change in zoning from a Neighborhood Service District (NS) to proper zoning on Lot 1 -C, City Block 306 located on the northwest corner of Loop 286 N. E. and Stillhouse Road. No one appeared for or against the zoning change, and the public hearing was declared closed. A motion was made by Councilman Jim Bell, seconded by Councilman John Bell authorizing preparation of an ordinance changing the zoning from Neighborhood Service District to proper zoning on Lot 1 -C City Block 306, to be presented at the next regular Council meeting. The motion carried 5 ayes, 0 nays. City Attorney Haynes presented the following petition for rezoning: Ken Coffey, Lot 3 and 3A, City Block 227, 1933 and 1943 Pine Bluff, from Two Family Dwelling to General Retail District; Jimmy Guthrie, Lot 24, City Block 312, 3425 Clarksville, from Single Family Dwelling District to PD -bl District; David Steely, Lot 27, Block 312, from SF -2 District to PD -b District; Jane Steely, Lot 26, City Block 312 from' SF -2 District to PD -b District. Mayor Pro Tem Shelton referred the petitions to the Planning and Zoning Commission for their study and recommendation and called for a public hearing at the February 7, 1994 Planning and Zoning Commission's meeting, and before the City Council February 10, 1994. There being no further business, the meeting adjourned. MAYOR PRO TEM, DON SHELTON ATTEST: MAT TIE CUNNINGHAM, CITY CLERK 713 MINUTES OF THE PLANNING AND-ZONING COMMISSION JANUARY 3, 1994 V The Planning and Zoning Commission of the City of Paris, Texas met in regular session Monday, January 3, 1994 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Reeves Hayter - Chairman 2. Eric Clifford 3. Curtis Fendley 4. Aaron Jenkins 5. Louis Yates, Jr. Also present were Earl Smith, City Engineer and Joe McCollum, Director of Community Development. Chairman Hayter called the meeting to order and the Minutes of December 6, 1993 were approved as presented. Chairman Hayter ask for a motion to bring from the table the petition of Buford Jordan for a change in zoning from a Two Family Dwelling District (2F) to a Multi- Family Dwelling District No. 1 (MF -1) on Lot 10, Block 6, Locust Hill Addition located at 1022 S.W. 3rd Street. Mr. Clifford made a motion, seconded by Mr. Jenkins to bring the item from the table. The motion carried 5 ayes, 0 nays. Chairman Hayter declared the public hearing open and Mr. Loyd Melvin spoke for the petition saying he intended to buy the property and replace the burned out house with a 7 unit apartment building. He said they would be small efficiency units. No one else was present to speak on the matter and the public hearing was closed. Following questions about the lot size being large enough for the 7 units, a motion was made by Mr. Clifford, seconded by Mr. Fendley to recommend approval of the change. The motion carried 5 ayes, 0 nays. Chairman Hayter opened the public hearing to consider a change in zoning from a One Family Dwelling District No. (SF -2) to a Planned Development - Retail District (PD -a) on Lots 8 -A, 8 -B, 9, 10, 10 -A and 11, City Block 222 -B and on Lots 16 and 17 and part of Lots 15 and 18, City Block 286 located between Lamar Avenue and E. Price Street from Collegiate Drive west to a point 158 feet west of 27th N.E. Eddie McFadden owner of one of the Lots spoke for himself and other land owners within the area under consideration, saying that they would rather their property be zoned General Retail than Planned Development as proposed by the. City Council. He presented petitions supporting General Retail zoning and requested the Planning Commission to table the matter until their next meeting in order that they might get the City Council's reaction to GR zoning. 014 2 Mr. Fendley made a motion to table the item. Mr. Yates seconded the motion which carried 5 ayes, 0 nays. 2 Chairman Hayter opened the public hearing on the petition of Bob Wright for a change in zoning from a Two Family Dwelling District (2F) to a Neighborhood Service District (NS) on Lot 7, City Block 33 -A located at 1405 E. Houston Street. Lisa Farris, daughter of Mr. Wright spoke for the petition saying her father had a locksmith business which he wanted to operate out of his residence at this location. No one else was present to speak on the matter and the public hearing was closed. Mr. Clifford made a motion for approval. Mr. Jenkins seconded the motion which carried 5 ayes, 0 nays. Chairman Hayter declared the public hearing open on the petition of Lester Moore for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Multi - Family Dwelling District No. 1 (MF -1) on Lot 2, Block 10, Town North Estates located on the northeast corner of Kessler Dr. and 29th N.E. No one was present to represent the application. Several persons were present in opposition. Mike Hutchins, 1220 N. Collegiate spoke in opposition to Multi - Family or Commercial zoning on the lot and presented a petition with 26 signatures of persons also in opposition. Richard Manning 2965 Cypress, Paul Hamra, 2955 Cypress and Fariborz Zamir, 2945 Cypress also spoke against further zoning for rental property in the area. The public hearing was closed and following discussion, a motion was made by Mr. Yates, seconded by Mr. Hayter to recommend denial of the petition. The motion carried 5 ayes, 0 nays. Chairman Hayter declared the public hearing open on the petition of Gerald Burnsed for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lots 7 and 8, City Block 311 located at 3350 and 3370 Clarksville St. Benny Lovell, agent for the applicant, requested the item be tabled until the February meeting to determine if a pending land sale would have an effect on the petition. Mr. Clifford made a motion to table the item, seconded by Mr. Fendley. The motion carried 5 ayes, 0 nays. Chairman Hayter declared the public hearing open on the petition of J.D. LaFoy for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lot 10, City Block 311, located at 3420 Clarksville Street. !15 3 Benny Lovell, agent for Mr. LaFoy requested the item be tabled for the same reason as the previous request. A motion was made by Mr. Jenkins, seconded by Mr. Yates to table the item. The motion carried 5 ayes, 0 nays. Chairman Hayter declared the public hearing open on the petition of the Lamar County Human Resources Council, Inc. for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lot 9, City Block 311 located at 3390 Clarksville Street. Betty Rildahl, Executive Director of the LCHRC, Inc. told the Commission that a matter was pending which would affect their application for zoning and requested the item be tabled until the next meeting to determine the effect. A motion was made by Mr. Yates, seconded by Mr. Jenkins to table the item. The motion carried 5 ayes, 0 nays. Chairman Hayter declared the public hearing open on the petition of Darrell Coats for a Site Plan approval in a Planned Development - Housing District (PD -b) on the south 250 feet of Lots 18 -A and 19, City Block 249 located on the east side of S. Collegiate Drive, 160 feet north of Hubbard Street. Mr. Coats presented his Site Plan for a 39 unit apartment complex which had been redesigned to address the concerns of adjacent home owners abutting the property on the south and east. The revised Site Plan provides a green belt of 40 feet along most of the south property line and a 20 foot green belt along the east property line and the remainder of the south property line. He pointed out that the nearest apartment wall would be 62 feet from the south boundary line and 72 feet from the east boundary line. He plans a 6 foot high wooden fence along the south line to further screen his development from the single family homes. He went on to say that he had made every effort he could to satisfy their concerns and requested approval of the Site Plan. Gary Nash, 2825 Hubbard Drive spoke against any development of two story construction. Don McLaughlin, attorney representing approximately 20 persons in attendance, told the Commission that 2 story apartments would destroy the value of homes adjacent to it and that the Commission could control such things as height of buildings in a Planned Development Zoning District. He ask that the Site Plan be disapproved. Betty Vandever, 2720 Hubbard opposed the development fearing it would aggravate the already serious drainage problem around her home. 4 In rebuttal, Mr. Coats said the apartments would be farther away from the houses than before and that only 6 homes Sites actually adjoined the property he wanted to develop and there were 20 or more people attending who would not be affected by the 2 story buildings. -� w closed. No one else spoke and the public hearing as clo Discussion followed and Mr. Fendley made a motion to recommend disapproval of the Site Plan. The motion failed for lack of a second. Mr. Clifford made a motion to recommend approval of the Site Plan. Mr. Yates seconded the motion which carried 4 ayes, 1 nay with Mr. Fendley voting nay. Chairman Hayter opened the public hearing on the petition of Billy M. Hill for a change in zoning from a Two Family Dwelling District (2F) to a Neighborhood Service District (NS) on Lot 27, Block 1, Hayes Addition located at 514 N.W. 7th Street. Mr. Hill was present and told the Commission he wanted to build a barber shop on the property in question. No one else was present to speak on the matter and the public hearing was closed. A motion was made by Mr. Yates, seconded by Mr. Fendley to recommend approval of the petition. The motion carried 5 ayes, 0 nays. Chairman Hayter declared. the public hearing open to consider a change in zoning from a Neighborhood Service District (NS) to proper zoning on Lot 1, City Block 306 located on the northwest corner of Loop 286 N.E. and Stillhouse Rd. Mr. McCollum advised that this matter was referred to the Commission by the City Council. He said the McCuistion Hospital property was inappropriately zoned as Neighborhood Service and recommended it be changed to a Commercial District to correspond to the surrounding zoning pattern. No one else was present to speak on the matter and the public hearing was closed. A motion was made by Mr. Fendley, seconded by Mr. Clifford to recommend Commercial District Zoning for the property. The motion carried 5 ayes, 0 nays. There being no further business to consider, the meeting was adjourned. n -n% N. McCollum Secretary, ex- officio 17 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL January 10, 1994 The City Council of the City of Paris met in regular session, Monday, January 10, 1994, 6:00 P. M., City Hall, City Council Chambers, Paris, Texas. Mayor George Fisher called the meeting to order with the following Councilmembers present: Don Shelton, Jim Bell, Millie Ingram McDonald, Wayne Brown, John F. Bell, and Rondie Williams. Also present was City Manager, Michael E. Malone, and City Clerk, Mattie Cunningham. Invocation was given by Karl Louis, Chief of Police. Mayor Fisher announced if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda to, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Fisher asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced the next order of business would be receipt of reports from committees, boards and commissions with minutes of the Paris Lamar County Board of Health, and Paris Public Library Advisory Board being furnished with no action required. City Manager Malone advised that the next item on the agenda was continuation of a public hearing to-consider the petition of Darrell Coats for site plan approval in a Planned Development - Housing District (PD -b) on the south 250 feet of Lots 18 -A and 19, City Block 249 located on the east side of S. Collegiate Drive, 160 feet north of Hubbard Street, and had been tabled at the January 6, 1994 meeting, should the Council wish to consider this matter, a motion to bring this item from the table is required. A motion was made by Councilman Jim Bell, seconded by Councilman Williams to bring the above item from the table. The motion carried 7 ayes, 0 nays. Mayor Fisher announced that the public hearing was open to consider the petition of Darrell Coats for site plan approval in a Planned Development- Housing District on the south 250 feet of Lots 18 -A and 19, City Block 249, and called for proponents to appear, and Darrell, Coats appeared in behalf of his petition. Mr. Coats presented the Council with another Site Plan stating that it was a choice of this one or the one that the Council has already been presented. Mr. Coats said the Council had been presented a copy of conditions and limits to the present Site Plan, and requested that Item No. 6 of the conditions be amended to read - The fence will run with the slope of the ground instead of being parallel with the ground, and Item No. 8 he would like to insert at the expense of Marcus Roden and Russell Gifford. Mr. Coats discussed the Site Plan that he had presented to the Council telling them that the objections at the Planning and Zoning Commission meeting was the two story construction. Mr. Coats said that he has removed the garages from the North side and moved the project to the North twenty feet which allowed him to put one story buildings between the south property line if the Council approves this Site Plan. Mr. Coats said the roof would be approximately thirteen feet high, and said that he would be happy to go,with any one of the plans. Mayor Fisher called for opponents to appear, and Gary Nash was present telling the Council that they had met with Mr. Coats, and City Attorney Haynes last Friday, and did agree to the nine items listed in Mr. Coats conditions and limits, and he did not have any problem with the changes that Mr. Coats requested. Mr. Nash also requested that Mr. Coats to spot the cedar trees around and so that there is protection as there is on the east end of the property. Betty Vandever also appeared before the Council asking that they consider the drainage problem in the area. No one else appeared, and the public hearing was declared closed. Earl Smith, City Engineer addressed the drainage where Ms. Vandever lives, stating that probably along the ditch that is concrete lined that back when the subdivision was built it may be inadequate according to the Master Plan that we use today. Mr. Smith said he was not sure what design criteria was used at that time, but the water that is going off this site will go in the direction of Ms. Vandever's property, and will increase the run -off, how much impact this will have on her property, he could not do say. Mr. Smith said he felt that the ditch could be expanded. A motion was made by Councilman Jim Bell to take Item No. 5, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 providing site plan approval in a Planned Development- Housing District (PD -b) on the south 250 feet of Lots .18 -A and 19, City Block 249 located on the east side of S. Collegiate Drive, 160 feet north of Hubbard Street, from the table, and requested that the City Engineer look at this project when he is in the area where Mrs. Vandever is concerned about and for staff to consideration placing it in capital expenditures. The motion was seconded by Councilman Shelton, and carried 7 ayes, 0 nays. A motion was made by Councilman Shelton, seconded by Councilman Williams authorizing preparation of an ordinance for site plan approval in a Planned Development - Housing District on the south 250 feet of Lots 18 -A and 19, City Block 249 as published here with amendments presented by Mr. Coats and approval of Mr. Nash. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -001 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A MULTI- FAMILY DWELLING DISTRICT NO. 1 (MF -1) ON LOT 10, BLOCK 6, LOCUST HILL ADDITION, ON PROPERTY BELONGING 718 719 TO BUFORD JORDAN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO FAMILY DWELLING DISTRICT (2F); AND DESIGNATING THE BOUNDARIES OF THE MULTI- FAMILY DWELLING DISTRICT NO. 1 (MF -1) SO ESTABLISHED was presented. A motion was made by Councilman Williams, seconded by Councilwoman McDonald for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -002 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 7, CITY BLOCK 33 -A, ON PROPERTY BELONGING TO BOB WRIGHT, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO FAMILY DWELLING DISTRICT (20; AND DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -003 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 83 -067, WHICH AMENDED ZONING ORDINANCE NO. 1710, AND SITE PLAN ORDINANCE NO. 93 -026 OF THE CITY OF PARIS, PARIS, TEXAS, BY REVISING SECTION 2 OF SAID ORDINANCES; PROVIDING FOR THE APPROVAL OF A SITE PLAN; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 10, 1994 was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton for adoption of the ordinance and to included the amendments as submitted by Mr. Coats. The motion carried 7 ayes, 0 nays. ` ORDINANCE NO. 93 -004 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING h1AP OF SAID CITY; ESTABLISHING.A NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 27, BLOCK 1, HAYNES ADDITION, ON PROPERTY BELONGING TO ARTHUR LATHROM, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO FAMILY DWELLING DISTRICT (2F); AND DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED was presented. A motion was made by Councilman Williams, seconded by Councilman John Bell for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -005 1. 720 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOT 1 -C, CITY BLOCK 306, ON PROPERTY kLONGING TO L.P. MCCUISTION COMMUNITY HOSPITAL, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A NEIGHBORHOOD SERVICE DISTRICT (NS'); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Manager Malone advised the Council that no bids were received for two mobile video units for the Police Department and recommended that this item be rebid. A motion was made by Councilman Shelton, seconded by Councilman Jim Bell to authorise rebidding of the two mobile video units for the Police Department. The motion carried 7 ayes, 0 nays. City Manager Malone told the Council that only one bid had been received for furnishing and delivery of a cardiac monitor /defibrillator with battery support system for the Emergency Medical Services Department, and it was the recommendation of Kent Klinkerman, Deputy Chief - EMS, to award the bid to Physio - Control Corporation in the amount of $10,160.25 which is within the budgeted amount and meets specifications. A motion was made by Councilman Jim Bell, seconded by Councilwoman McDonald awarding the bid to Physio - Control Corporation in the amount of $10,160.25. The motion carried 7 ayes, 0 nays. City Manager Malone advised the Council that only one bid had been received for furnishing and delivery of uniforms for the Paris Police Department that being from R & R Uniforms, Inc. in the amount of approximately $20,000.00, and it was the recommendation of Karl Louis, Chief of Police to award the bid to R & R Uniforms which meets specifications. A motion was made by Councilman Williams, seconded by Councilwoman McDonald to award the bid to R & P. Uniforms. The motion carried 7 ayes, 0 nays. City Manager Malone told the Council that only one bid had been received for furnishing and delivery of one new forensic optical comparator for the Paris Police Department that being from Sirchie Fingerprint Labs, Inc, in the amount of $1,525.71. The budget amount for this item is $1,495.00, and since Sirchie meets all of the specifications and is only $30.71 over the allowed amount, it was the recommendation of Karl Louis to award the bid to Sirchie. A motion was made by Councilman Jim Bell, seconded by Councilwoman McDonald awarding the bid to Sirchie Fingerprint Labs, Inc. in the amount of $1,525.71. The motion carried 7 ayes, 0 nays. 721 City Manager Malone called for tabulations of bids for furnishing and delivery of five ballistic entry vests for the Paris Police Department, and the following bids were presented: C & G Wholesale, Garland, Texas $4,920.00 The Swat Shop, Ft. Worth, Texas $4,125.00 Protech Armored Products, Pittsburg, Ma. $3,790.00 A motion was made by Councilman Jim Bell, seconded by Councilwoman McDonald to award the bid for five ballistic entry vests to Protect Armored Products in the amount of $3,790.00. The motion carried 7 ayes, 0 nays. City Manager Malone advised the Council that only one bid was received for furnishing and delivery of ammunition for the Paris Police Department that being from Ultramax Ammunition in the amount of $5,649.00, and it was the recommendation of the Police Chief to award the bid to Ultramax Ammunition. A motion was made by Councilman Jim Bell, seconded by Councilman Williams to award the bid for ammunition for the Police Department to Ultramax Ammunition in the amount of $5,649.00. The motion carried 7 ayes, 0 nays. Resolution No. 94 -001, requesting a planning study from the Texas Department of Transportation for routing of the four lane improvement to U. S. 82 East through Paris and its extraterritorial jurisdiction, and directing the City Clerk, Mattie Cunningham to timely delivery a copy of this Resolution to Bill Burnett, State Highway Engineer, Jay Nelson, District Engineer, and Jimmy A. Hall, Area Engineer, Texas Department of Transportation, was presented. A motion was made by Councilman Shelton, seconded by Councilman Jim Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. 722 RESOLUTION NO. 94 -001 WHEREAS, the City Council of the City of Paris has become aware of the continued improvement of US 82 to four lanes from Sherman through the City of Paris; and, WHEREAS, it would be in the best interest of the citizens of Paris and the travelling public that a planning study be made by the Texas Department of Transportation to determine the best location for said four lane improvement to US 82 through the City of Paris and its extraterritorial jurisdiction in order that the City of Paris might do concurrent appropriate planning; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Texas Department of Transportation be, and it is hereby requested to do a planning study of routing US 82 east from Sherman through the City of Paris and its extraterritorial jurisdiction; and, BE IT FURTHER RESOLVED, that Mattie Cunningham, City Clerk, is hereby directed to timely deliver a copy of this Resolution to Bill Burnett, State Highway Engineer, Jay Nelson, District Engineer, and Jimmy A. Hall, Area Engineer, Texas Department of Transportation. Passed and adopted the 10th day of January, 1994. G orge Fisher, Mayor ATTEST: Mattie Cunningham, City lerk APPROVED AS TO FORM: )XALa�2 T Hayn , City Attorney Resolution No. 94 -002, resolving that the Texas Department of Transportation, and it is hereby requested to proceed with all necessary matters accomplish grade separation crossings and signalization at Collegiate Drive's intersection with U. S. 82 and 271 (N. E. Loop 286), and at Pine Mill Road's intersection with U. S. 82 and 271 ( N. E. Loop 286); and further resolved, that Honorable L. P. "Pete" Patterson be and is hereby requested to assist in the procurement and completion of this project, was presented. A motion was made by Councilman Shelton, seconded by Councilman Williams for approval of the resolution. The motion carried 7 ayes, 0 nays. 23 RESOLUTION NO. 94 -002 WHEREAS, the City Council of the City of Paris is aware of the need for safe intersections on US 82 and 271 (N.E. Loop 286) at Pine Mill Road and Collegiate Drive that will not reduce the utility of the Loop; and, WHEREAS, it is perceived that the addition- of grade separation signalization at these two intersections would —' make these two intersections safe without reducing the utility of the Loop; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS that the Texas Department of Transportation be, and it is hereby requested to proceed with all necessary matters including design and existing right -of -way utilization to accomplish grade separation crossings and signalization at Collegiate Drive's intersection with US 82 and 271 (N.E. Loop 286), and at Pine Mill Road's intersection with US 82 and 271 (N.E. Loop 286); and, BE IT FURTHER RESOLVED, that Honorable L. P. Pete Patterson be and is hereby requested to assist in the procure- ment and completion of this project; and, BE IT FURTHER RESOLVED, that Mattie Cunningham, City Clerk, is hereby directed to timely deliver a copy of this Resolution to Honorably L. P. Pete Patterson, Bill Burnett, State Highway Engineer', Jay Nelson, District Engineer, and Jim Hall, Area Resident.Engineer. Passed and adopted the 10th day of January, 1994. ATTEST: Mattie Cunningham, City Jerk APPROVED AS TO FORM: T. Hay s, City Attorney �, �,; � r_ /_,_ �_ � - G orge Fis her, Mayor Resolution No. 94 -003, resolving by the City Council of the City of Paris that they go on record as being in complete support of the placement of a traffic signal at the proposed east access driveway of the Super Wal Mart location, approximately 800 feet west of the intersection of 42nd Street N. E. and U. S. 82 East; and directing Mattie Cunningham, City Clerk to timely delivery a copy of this resolution to Jimmy A. Hall, Area Engineer, Texas Department of Transportation, was presented. A motion was made by Councilman John Bell, seconded by Councilwoman McDonald for approval of the resolution. The motion carried 7 ayes, 0 nays. [rI RESOLUTION NO. 94 -003 WHEREAS, the City Council of the City of Paris has become aware of the expected traffic congestion at the entrance of the proposed Super Wal Mart Store to be located adjacent to the North Side of on US 82 East; and, WHEREAS, it is perceived that the addition of a traffic signal at the proposed east access driveway of the Super Wal Mart store, approximately 800 feet west of the intersection of 42nd Street N.E. and US 82 East would alleviate the congestion of traffic at this location; and, WHEREAS, it would be in the best interest of the citizens of the City of Paris and the travelling public for the City Council to support a project to add a traffic signal at said location; and, NOW THEREFORE, BE IT RESOLVED BY'THE CITY COUNCIL OF THE CITY OF PARIS, that they go on record as being in complete support of the placement of a traffic signal at the proposed east access driveway of the Super Wal Mart location, approximately 800 feet west of the intersection of 42nd Street N.E. and US 82 East; and, BE IT FURTHER RESOLVED, that Mattie Cunningham, City Clerk is hereby directed to timely deliver a copy of this Resolution to Jimmy A. Hall, Area Engineer, Texas Department of Transportation. Passed and adopted the -10th day of January, 1994. e rge is er, Mayor ATTEST: Mattie Cunningham, City C erk APPROVED AS TO FORM: J-4 T. H �aq e s, City Attorney Resolution No. 94 -004, whereas, Ordinance No. 92 -029, adding Article III. Wastewater Discharge and Disposal, contemplated the setting of fees by Resolution when it become appropriate to set the same, was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Brown for approval of the resolution. The motion carried 7 ayes, 0 nays. 725 RESOLUTION NO. 94 -004 WHEREAS, Ordinance No. 92 -029, adding Article III. Wastewater Discharge and Disposal, contemplated the setting of fees by Resolution when it became appropriate to set the same; and, WHEREAS, the following fees are recommended by the City of Paris Utilities Department for approval: Sec. 34- 131(c)(6)a) Permit Initial Fee $100.00 Annual Renewal $ 50.00 Sec. 34- 131(c)(6)b) Waste Disposal at POTW. Subject to surcharge at current surcharge rates. 0 - 1,000 gal. $33.00 All over 1,000 gal. $33.00 per 1,000 gal. Sec. 34- 131(c)(6)c) Manifest System $ 7.50 per book; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Permit Fees, Waste Transporters Fees, and the Fee for the Manifest System Book under Ordinance 92 -029 be, and the same are hereby established as follows: Sec. 34- 131(c)(6)a) Permit Initial Fee $100.00 Annual Renewal $ 50.00 Sec. 34- 131(c)(6)b) Waste Disposal at POTW. Subject to surcharge at current surcharge rates. 0 - 1,000 gal. $33.00 All over 1,000 gal. $33.00 per 1,000 gal. Sec. 34- 131(c)(6)c) Manifest System $ 7.50 per book. Passed and adopted the 10th day of January, 1994. eorge Fisher, Mayor ATTEST: Mattie Cunningham, City C er APPROVED AS TO FORM: T. e-4a4yes�, City Attorney 726 Resolution No. 94 -005, resolving by the City Council of the City of Paris that the Texas Department of Transportation, Division of Aviation, protect for new lighted guidance signs on Runway 17/35, Cox Field Airport, Paris, Texas, be and the same is hereby approved, and that the City of Paris is hereby committed to ten percent of the total cost of the project of said new lighted guidance signs estimated to be $7,505.00, was presented. A motion was made by ,Councilman Jim Bell, seconded by Councilwoman McDonald for approval of the resolution. The motion carried 7 ayes, 0 nays. 727 RESOLUTION NO. 94 -005 WHEREAS, the Texas Department of Transportation, Division of Aviation, mandated that new lighted guidance signs be placed on Runway 17/35 at Cox Field Airport, and provides partial funding for the same; and, WHEREAS, the City Council of the City of Paris deems said project necessary for the safety of the aviation public and the same shall be funded in the amount of ten percent (10 %) of the total project cost estimated to be $7,505.00; NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Texas Department of Transportation, Divison of Aviation,. project for new lighted guidance signs on Runway 17/35, Cox Field Airport, Paris, Texas, be and the same is hereby approved; and, BE IT FURTHER RESOLVED, that the City of Paris is hereby committed to ten percent (10 %) of the total cost of the project of said new lighted guidance signs estimated to be $7,505.00; and, BE IT FURTHER RESOLVED, that W. E. Anderson, Director of Finance be, and is hereby authorized and directed to transmit as directed by the Texas Department of Transportation, Division of Aviation, ten percent (10 %) of the total project cost estimated to be $7,505.00. BE IT FURTHER RESOLVED, that Mattie Cunningham, City Clerk is hereby directed to timely deliver a copy of this Resolution to the Texas` Department of Transportation, Division of Aviation, P. 0. Box 12607, Austin, TX 78711 -2607, Attention Ed Oshinski, Airport Facilities Engineer. Passed and adopted this 10 day of January, 1994. G rg Fisher, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVE AH` 0 FORM: T. K. Haynes, City Attorney 728 A motion was made by Councilman Brown, seconded by Councilman Shelton to receive a petition requesting closing Craigo Alley by Verginia McFadden. The motion carried 7 ayes, 0 nays. W. E. Anderson, Director of Finance, and Bill Gibson, Auditor, present the Comprehensive Annual Financial Report for the City of Paris for the fiscal year ending September 30, 1993. Mr. Gibson said the report was a Comprehensive Annual Financial Report and when you look at this as compared to some of the other financial reports you have seen on the City's financial statement, you will realize that there is a lot more data included in this report. Mr. Gibson said they were complying with the requirement to present a comprehensive annual report, so there is additional data about the City financial condition as well as otherwise. Mr. Gibson briefly discussed the content of the report with the Council. After discussion, a motion was made by Councilman Shelton, seconded by Councilman John Bell to accept the Comprehensive Annual Financial Report as presented. The motion carried 7 ayes, 0 nays. City Manager Malone presented a petition for rezoning as follows: Jim Bell, Lots 8C and 8B, City Block 257 -A, 2464 E. Cherry Street, from One Family Dwelling No 2 District to Multi- Family Dwelling No. 1 District. Mayor Fisher referred the petition to the Planning and Zoning Commission for their study and recommendation at their meeting on February 7, 1994, and before the City Council February 10, 1994. Roy Spark of Lone Star Gas Company appeared before the Council introducing Bob Erskine, Area Manager for Lone Star Gas Company, who will be working with him in this area. Mr. Erskine told the Council that Lone Star Gas Company is rapidly j changing as all middle management positions in the company. Mr. Erskine said he would keep the Council posted on future changes in Lone Star Gas Company, and looked forwarding to working with them. There being no further business, the meeting adjourned. GEORGE MAYOR ATTEST: 729 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL February 3, 1994 The City Council of the City of Paris met in special session, Thursday, February 3, 1994, 6:00 P. M., City Hall, City Council Chambers, Paris Texas. Mayor George Fisher called the meeting to order with the following Councilmembers present: Don Shelton, Jim Bell, Wayne Brown, and John F. Bell. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Mayor Fisher announced that the special meeting was called for the purpose of considering a resolution concerning the proposal of the United States Postal Service to located an additional facility to meet the community's needs. Resolution No. 94 -006, resolving that the City of Paris hereby goes on record as supporting the United States Postal Service's selection of area in which to located an additional postal facility to provide service to persons desiring or needing handicapped accessible facilities and other postal patrons, was presented. A motion was made by Councilman John Bell, seconded by Councilman Shelton for approval of the resolution. The motion carried 5 ayes, 0 nays. 7 RESOLUTION NO. 94 -006 WHEREAS, the United States Postal Service has for some time identified; :xthe.need for facilities to accommo- date handicapped persons; and, WHEREAS, the City Council of the City of Paris recognizes and concurs with such identified need; and, > WHEREAS, the City Council finds that the United States Postal Service is in the best position to assess its needs and the area in which such a facility should be located, and having made such determination, as shown on Exhibit A, attached hereto, the City Council. should support the selection of such area absent specific identifiable reasons to object to such area; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that it does hereby go on record as supporting the United States Postal Service's selection of the area in which to locate an additional postal facility to provide service to persons desiring or needing handicapped accessible facilities and other postal patrons. PASSED AND ADOPTED the 14th day of February, 1994. ` � 4geGe isher, Mayor ATTEST: Mattie Cunningham, Cit Cler APPROVED ,A'S TO FORM: . K.' Hayn(s, City Attorney UNITED STATES POSTAL SERVICE ADMINISTRATIVE SERVICES 951 BETHEL ROAD COPPELL TEXAS 75099 -9101 Mr. Mike Malone, City Manager City of Paris PO BOX 9037 PARIS, TX 75460 -9037 Dear Mr. Malone: The Postal Service has determined that the City of Paris is in need of an additional facility to meet the community's needs. We wish to establish a new facility which will enhance both the quality of postal services we provide to your community and our employees' working conditions. We have determined that the new facility should contain ideally, approximately 1856 square feet of net interior space to provide retail and post office box service. Also, we propose that the facility should be located with the fbllowing area: North: Loop 271 & Highway 82 South: Jefferson Rd. East: Loop 271 & Highway 286 West: Collegiate The Postal Service desires to work closely with your community to achieve a mutually beneficial postal facility. We are requesting your input and comments with our plans prior to public advertising which will generate alternatives for our final facility location. We welcome your timely suggestions and comments on the attached sheet both as we initiate this project ^1 as it proxeds. Please address a: y ^,jestions to: Richard Drury Facility Service Office P. O. Box 667180 Dallas, TX 75266 -7180 Telephone Number (214) 819 -7248 Thank you for your valuable participation in this process. Sincerely, . C. Spathelf !,ianager, Customer Service & Sales Dallas District EXHIBIT Facility: Eastside Finance Unit, Paris, TX Comments: . I concur with the proposed facility. Name Title Date Mayor Fisher announced that the Council would adjourn, and go into a workshop session to discuss capital improvement projects. £ RGE ISHE , MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CIERK 733 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL February 10, 1994 The City Council of the City of Paris met in regular session, Thursday, February 10, 1994, 6:00 P. M., City Hall, City Council Chambers, Paris Texas. Mayor George Fisher called the meeting to order with the following Councilmembers present: Don Shelton, Jim Bell, Millie Ingram McDonald, Wayne Brown, and Rondie Williams. Also present was City Manager. Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Joe McCollum, Director of Community Development, presented the minutes of the Planning and Zoning Commission's meeting held February 7, 1994, and attached hereto as a part of these minutes as Exhibit A. Mayor Fisher announced that the first item on the agenda was continuation of public hearing to consider a change in zoning from a One Family Dwelling District (SF -2) to a Planned Development - Retail District (PD -b) on Lots 8 -A, 8 -B, 9, 10, 10 -A, and 11, City Block 222 -B and on Lots 16 and 17 and part of Lots 15 and 18, City Block 286 located between Lamar Avenue and E. Price Street from Collegiate Drive west to a point 158 feet west of 27th N. E. Mayor Fisher called for proponents to appear, and Eddie McFadden, 121 27th N. E., representing the owners of the above property requesting that the zoning be changed to General Retail instead of Planned Development - Retail: District. Mayor Fisher called for opponents to appear, and none appeared and the public hearing was declared closed. City Attorney Haynes advised that new notices was given as requested by the owners at the last meeting, so that required the Planning and Zoning Commission hold a public hearing on the new requested zoning change. The City Council had tabled the previous item which was Planned Development - General Retail. A motion was made by Councilman Williams, seconded by Councilman Brown to bring Item No. 4, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District (SF -2) to a Planned Development - Retail District (PD -b) on Lots 8 -A, 8 -B, 9, 10, 10 -A, and 11, City Block 222 -B and on Lots 16 and 17 and part of Lots 15 and 18, City Block 286 located between Lamar Avenue and E. Price Street from Collegiate Drive west to a point 158 feet west of 27th N. E. from the table. The motion carried 4 ayes, 2 nays, Councilman Shelton and Councilman Jim Bell voting no. A motion was made by Councilman Williams, seconded by Councilman Brown authorizing preparation of an ordinance amending zoning ordinance No. 1710 changing the zoning from a One Family Dwelling District (SF -2) to a Planned Development - Retail District (PD -b) on Lots 8 -A, 8 -B, 9, 10, 10 -A, and 11, City Block 222 -B and on Lots 16 and 17 and part of Lots 734 15 and 18. The motion carried 4 ayes, 2 nays. Councilman Shelton and Councilman Jim Bell voting no. A motion was made by Councilman Brown, seconded by Councilman Williams to proceed to Item No. 5 of the corrected agenda. .T.he motion carried 6 ayes, 0 nays. Mayor Fisher declared the public hearing open on the petition for a change in zoning from a Neighborhood Service District (NS) to a General Retail District (GR) on Lots 8 -A, 8 -B, 9, 10, 10 -A, and 11, City Block 222 -B and on Lots 16 and 17, and part of Lots 15 and 18, City Block 286 located between Lamar Avenue and E. Price Street from Collegiate Drive -west to a point 158 feet west of 27th N. E. Mayor Fisher called for proponents to appear, and Eddie McFadden again appeared and advised the Council that it was the request of the property owners to have the General Retail Zoning. Mayor Fisher called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton authorizing preparation of an ordinance change in zoning from a Neighborhood Service District (NS) to a General Retail District (GR) on Lots 8 -A, 8 -B, 9, 10, 10 -A, and 11, City Block 222 -B and on Lots 16 and 17, and part of Lots 15 and 18, City Block 286 located between Lamar Avenue and E. Price Street from Collegiate Drive west to a point 158 feet west of 27th N. E., subject to those people providing drainage plans upon development of the property, and to be presented at the next regular council meeting. The motion carried 6 ayes, 0 nays. Councilman John Bell entered the Council chambers and assumed his seat at the Council table. A motion was made by Councilman Jim Bell, seconded by Councilman Williams to bring the public hearing to consider the petition of the Lamar County Human Resources Coujncil, Inc., for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lot 9, City Block 311 located at 3390 Clarksville Street from the table. The motion carried 6 ayes, 1 nay, Councilman Shelton voting no. Mayor Fisher called for proponents to appear and A. R. Martin, Pastor of the Solid Rock Baptist Church, and is also the President of the Board of Director of the Lamar County Human Resources Counci. Pastor Martin said that there were two groups represented tonight, Lamar County Human Resources Council and the 202 Special Committee for Golden Acres, and asked those people to stand. Pastor Martin stated that a $5,400,000.00 grant had been approved for the construction and 40 years of maintenance for 50 units for the elderly in Paris. Pastor Martin pointed out that 22% of the Lamar County population was elderly and most were on fixed incomes so low that they were unable to maintain their homes in a reasonable manner. He urged the Council to approved the zoning change. �3v Raymond Armstrong, 645 S. E. 26th Street, was present telling the Council that he has been a member of the Board of the Lamar County Human Resources Council for 18 years, that the Council has been the front line organization to bring food and services to citizens of this community that have great needs. We have ten to twenty programs at different times which includes not only food services, food for people at sites, six to eight sites in this County, 250 delivery everyday to homes, transportation and on and on. Mr. Armstrong discussed the 202 Housing which is sponsored by the National Benevolent Association which builds and sponsors, as we are seeking to do, 202 Housing across the country, as well as homes for the elderly and children. Mr. Armstrong said they have view sites in Longview, Tyler, and Henderson, and they are a credit to the community. Mr. Armstrong encouraged the Council to approval the zoning change. Gary O'Connor, 4504 Choctaw Lane, addressed the economic impact of the proposed project on the community. The projected cost of construction of this complex is 2.4 million dollars, and the guaranteed operating and maintenance cost funds, which has already been appropriated to maintain this project over the next twenty years amounts to an additional three million dollars. Mr. O'Connor said this federal money that will be lost to this community if an acceptable site is not approved very soon. Using the standard rule of thumb that each dollar of new money coming into a community turns over seven times, this project could amount to an economic shot in the arm worth 38 million dollars. It means new construction jobs, jobs for building material suppliers, income for people who provide services to these workers. On the other side of the economic issue, is the many low income elderly who either own their homes but can not afford to maintain them, or who are forced to rent substandard housing in neighborhood where they are easy prey for criminals. Mr. O'Connor said the HUD 202 Program Standards would compliment the area in appearance and type of construction. Mr. O'Connor said that one of the valid issued that was raised was the potential danger of having elderly drivers entering a 50 MPH traffic stream from below the crest of the hill. Mr. O'Connor said they were in the process of signing a contract of sale with the property owner who owns a small section east of the proposed project. This will allow for an exit from the housing development at the top of the crest of the hill, and should minimize or eliminate some of the hazard from that. Several people asked if we had consider other sites, we did, all of the other sites were rejected because of cost, or the site was in an impacted area. Mr. O'Connor asked that the city approved this requested. Benny Lovell, Realtor, representing Mr. LaFoy spoke in favor of the zoning change, and presented a petition containing 220 signature in favor of the rezoning. David Steely, 3375 Clarksville Street, appeared before the Council stating that he also represented Jimmy and Peggy Guthrie, and to answer questions that has be brought up, one is what we would like to see across the street, and the answer is, we would like to have the homes 736 that are there. Mr. Steely said this is a neighborhood that has been in existence before the City of Paris ever decided they wanted this neighborhood.' The city limits did not extend to 'where Phillip Lighting is located when these home were 'being built. They were added to the City, all these home have complied to all the City's restrictions, and maintained the neighborhood. The ownership of those on the south side of Clarksville Street that has asked for this change is not here tonight the ownership is represented by the Realtor who has a direct financial involvement to sell a piece of property. Mr. Steely said that this has been going at a very fast pace, and at times it seems it is a railroad effort to get something across. Mr. Steely pointed out that to his knowledge, there has not been a survey make to see if there were areas in the City that is already properly zoned that can meet the specification of HUD. He was concerned that there has never been a traffic or speed study requested or done on this street, also he was concerned about the effect a zoning change would have on the property on the north side of the street. Mr Steely said he was a member of that only residential section that will be impacted by this change. Mr. Steely said his main concern is that he would like to see Clarksville Street maintained status quo, it is one of the prettiest views entering into the City of Paris, but to start eroding it with zoning changes would affect the entire neighborhood, and stated that he was asking that the status quo be kept as it is, if it is not, that is why he has the zoning change on the agenda along with his mother and the Gutherie's, that we are asking for, if this zoning change goes through, then we are asking for a similar zoning change. Travis Dodd, 1185 34th S. E., also spoke in opposition saying the housing would adversely affect value of nearby housing. Mr. Dodd stated that he has lived in his home for fifteen years, and he could see the hazard of traffic on Clarksville Street, and was concerned about his family. Dr. Larry Walker, 1090 Cardinal Lane, was present calling attention to the fact that no one who spoke in favor of this zoning change lives in the neighborhood, everyone speaking against the zoning change does live in the neighborhood. Dr. Walker told the Council that they were never told about the additional property needed for ingress and egress to the property because of the traffic situation. Dr. Walker said this was a dangerous area, that his daughter has been rear -ended trying to turn into the street to his home. Dr. Walker said he did not think anyone speaking against the zoning change wants Paris to loose this housing, but if you can build 50 units for two million dollars, you could probably build 60 units if you build it in an area where the property area is cheaper, and you can help more people. Dr. Walker said they were told during the Planning and Zoning meetings that there was 3 million dollars for maintenance, but other times we have been told it is for 20 years, other times we were told it was for 40 years, then we were told it was for rent subsidies for these people, it seems that we do not know what this money is for. Dr. Walker pointed out that Mr. Lovell gave the Council a petition containing 280 signatures in support of this zoning change, and he would like for the Council to look at it and see how many lives is the neighborhood. One more observation from Dr. Walker was in Planning and Zoning the first time this matter was 737 before them, the mood was to turn it down, and the people asked that it be tabled so they could come back with more information. One of the Planning and Zoning members excused herself for conflict of interest, the next time she did not, and the next time it did not come up the next time. After further discussion, Dr. Walker asked the Council to reverse the decision that the Planning and Zoning Commission approved. No none else appeared, and Mayor Fisher declared the public hearing closed. A motion was made by Councilman Jim Bell to bring Agenda Item No. 8, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lot 9, City Block 311 from the table. The motion carried 6 ayes, 1 nay, Councilman Shelton voting no. Councilman Bell wanted to know what happens to an elderly person house if they move into-the housing unit, is there a requirement of their income in order to get in this housing,and wanted to know if this will be another piece of property the City will have to do some with. Betty Kildahl, Director of Lamar County Human Resources Council, appeared before the Council telling them that if most of these people are going to be in rental property already, and if the houses were worth very much, the would not be eligible because the would be over assets. Ms. Kildahl said she did not know what would happen to a substandard house that people should not be living in now, which is a very valid concern, that she would be willing to work with the City on this matter. After a considerable amount of discussion, a motion was made by Councilman Jim Bell seconded by Councilman John Bell to table this item. The motion carried 5 ayes, with Mayor Fisher and Councilman Shelton voting no. A motion was made by Councilman Jim Bell, seconded by Councilman Brown to bring from the table Agenda Item No. 9, public hearing to consider the petition of Gerald Burnsed for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lots 7 and 8, City Block 311, located at 3350 and 3370 Clarksville Street, Agenda Item No. 11, public hearing to consider the petition of J. D. LaFoy for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lot 10, City Block 311 located at 3420 Clarksville Street, and Agenda Item No. 13, public hearing to consider the petition of Jane Steely, David Steely and Jimmy Guthrie for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development Housing District (PD -b) on Lot 24, 26, and 27, City Block 312 located at 3375, 3395, and 3425 Clarksville Street, from the table. The motion carried 7 ayes, 0 nays. Mayor Fisher declared the public hearing open to consider the above petition for rezoning, and called for proponents to appear. •,yi.: 1. 72 Benny Lovell, 4335 Pine Mill Road, spoke in favor of the petitions on behalf of the property owners and restated the need for this type of housing. Mr. Lovell presented a letter of authorization from Mrs. J. M. Chism, Gerald Burnsed, an J. D. LaFoy allowing him to represent them during the public hearing. Gary O'Connor, 4505 Choctaw Lane, again appeared before the Council stating that he agreed that the entire area south of Clarksville Street that is not zoned commercial, should be zoned commercial, and stated he did not have any particular feels about the north side, but they should have the right to determine their own fate, but he was strongly in favor of having the entire area south of Clarksville Street zoned Planned Development. David Steely, 3375 Clarksville Street, addressing Item No. 13, and asked that Joe McCollum, to explain exactly what this zoning is. Mr. McCollum came forward tell Mr. Steely and the Council that Planned Development would allow any type residential use on the property depending on the approval of a site plan. Mr. McCollum said that at this time there are no site plans presented as such, that that is a preliminary site plan on the first item, but the other do not have a site plan, but if there was a site plan approved after it has been zoned Planned Development for housing, it could allow apartments, duplexes, single family, and town houses. Mr. McCollum further stated that he did not feel this is spot zoning,, it is another form of residential. Mr. McCollum said the property owner would have to come back in a public hearing form, or public hearing stage and be approved before a building permit could be issued. Mr. Steely stated that he-wanted equal zoning to what will be directly across the street from his property. Travis Dodd, 1185 34th S. E., stating that he lives on the west side of Mr. Steely's property, and he is still concerned about the change in zoning, along with the safety factory. Harry Nemo,1684 34th S. E., and R. H. Garner, 1110 34th S. E. , both appeared before the Council objecting to the zoning. Dr. Larry Walker, 1090 Cardinal Lane, also spoke in opposition to all of the zoning changes. Dr. Walker pointed out the fact that Mr. Steely's and the Guthrie's property extends back several hundreds feet to 34th S. E. and Cardinal Lane which would effect all the people in that area. No one else appeared before the Council, and Mayor Fisher declared the public hearings closed. A motion was made by Councilman Jim Bell to table Agenda Item No. 10, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling district No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lots 7 and 8, City Block 311 located at 3350 739 and 3370 Clarksville Street, Agenda Item No. 12, Consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lot 10, City Block 311 located at 3420 Clarksville Street., and Agenda Item No. 14, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development Housing District (PD -b) on Lots 24, 26, and 27, City Block 312 located at 3375, 3395, and 3425 Clarksville Street, and asked Dr. Walker and those in the neighborhood to works as a committee give the City Council input for restrictions, so when he says Planned Development -B with, and you write in the restrictions, so you know them up front. The motion was seconded by Councilman Shelton, and carried 5 ayes, 2 nay, Councilman Williams and Mayor Fisher voting no. Mayor Fisher announce that the Council would consider Agenda Item No. 8, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District on Lot 9, City Block 311 located at 3390 Clarksville Street, at this time. A motion was made by Councilman Jim Bell, seconded by Councilman Williams authorizing preparation of the ordinance. The motion carried 6 ayes, 1 nay, Councilman Shelton voting no. Mayor Fisher declared the public hearing open on the petition of of Ken Coffey for a change in zoning from a Two Family Dwelling District (2F) to a General Retail District (GR) on Lots 3 and 3A City Block 227 -E located at 1933 and 1943 Pine Bluff Street. Joe McCollum, Director of Community Development came forward telling the Council that the Planning and Zoning Commission had tabled this item, that there was a misunderstanding on the type of zoning that was needed for the property, he asked for General Retail, and his proposed is Commercial. A motion was made by Councilman Jim Bell, seconded by Councilman John Bell to continue the the public hearing, and table Agenda Item No. 16, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Two Family Dwelling District (2F) to a General Retail District (GR) on Lots 3 and 3A, City Block 227 -E located at 1933 and 1943 Pine Bluff Street. The motion carried 7 ayes, 0 nays. On the request of Councilman Jim Bell, a motion was made by Councilman Shelton, seconded by Councilman Williams to excuse Councilman Bell from the Council meeting, and to take a five minute break. The motion carried 6 ayes, 0 nays. Mayor Fisher reconvened the Council meeting at 7:45 P. M.. Mayor Fisher declared the public hearing open on the petition of Jim Bell for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Multi - Family Dwelling District No. 1 (MF -1) on Lots 8B and 8C, City Block 257 -A located on the southwest corner of E. Cherry Street and 25th N. E. Mayor Fisher called for proponents to appear, and none appeared. Mayor Fisher called for opponents to appear, none appeared, and the public hearing was declared closed.. A motion was made by Councilman Brown, seconded by Councilman Williams authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 to a Multi- Family Dwelling District No. 1 on Lots 8B and 8C, City Block 257 -A, to be presented at the next regular council meeting. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Brown, seconded by Councilman Shelton to allow Councilman Jim Bell to return to the council meeting. The motion carried 6 ayes, 0 nays, and Councilman Jim. Bell entered the council chambers and assumed his seat at the council tble. City Attorney Haynes presented the following petitions for rezoning: Lonnie Dear, Lot 11, Block 1, Central Park Addition from Two Family Dwelling District to Office District; Sam Bolton, Lot 2, City Block 341, Hwy 24 South of Loop, from Agricultural District to Commercial District; Richard Powell, Lots 9, 9A, 10, 11, 12, and 13, City Block 259, Collegiate Drive and E. Cherry Street, from SF -2 and Specific Use Permit District to Planned Development - Commercial District and Planned Development - Housing District; David Hicks, Lots 1, 2, 8, and 9, Block 7, S. J. Wright Addition from 2F & SF -2 District to Commercial District. Mayor Fisher referred the petitions to the Planning an Zoning Commission for their study and recommendation and called for a public hearing at the March 7, 1994 Planning and Zoning Commission's meeting, and before the City Council March 10, 1994. Resolution No. 94 -007, referring a list of hazardous buildings to the Building Hazard Inspection Committee, was presented. A motion was made by Councilman Brown, seconded by Councilman Shelton for approval of the resolution. The motion carried 7 ayes, 0 nays. 741 RESOLUTION NO. 94 -007 WHEREAS, it has been called to the attention of the City Council of the City of Paris, Paris, Texas, that the hereinafter named structures are in an unsafe and dilapidated condition and constitute a fire hazard and a hazard to the life and welfare of the inhabitants of the area, and the City Council has been requested to order the Building Hazard Inspection Committee to hold a hearing to determine the condition of the structures complained of, and the properties involved and the owners are as follows: I. 1106 3rd St. S.W., N 75' Lot 4 & 14' of N 75' Lot 3, Block 1, Locust Hill Addition Owner: Talley, William Thomas & Kathy 1106 3rd St. S.W. Paris, TX 75460 2. 121 -141 1st St. N.E., Lot 3, City Block I1 Owner: Faber, Ben 2023 Culbertson Paris, TX 75460 3. 624 5th St. N.E., Lot 7, City Block 61 (Funeral Home) Owner: Buster, David, Inc. 1540 N.W. Loop 286 Paris, TX 75460 4. 516 E. Tudor, Lot 5 -A, City Block 61 Owner: Johnson, McKinley 330 E. Booth Street Paris, TX 75460 5. 510 E. Tudor, Lot 5, City Block 61 Owner: Johnson, McKinley 330 E. Booth Street Paris, TX 75460 6. 649 -655 5th St. N.E., Lot 37, City Block 60 Owner: Nelson, Lena c/o Mildred McJunkins 1514 W. 93rd Street Los Angeles, California 90047 -3903 7. 956 & 964 E. Tudor, Lot 17, City Block 69 Owner: Jones, John R. 1675 Ballard Drive Paris, TX 75460 8. 1 150 6th St. N.E., Lot 7, Block 1, Hull Addition Owner: Sauls, Fannie W. Pratt 2984 Peavy Rd. x/156 Dallas, TX 75228 -4833 9. 1840 Fitzhugh, Lot 9, Block A, East Park Addition Owner: Barrett, Oliver, Jr. 10. 1451 12th St. N.E., Lot 10, Block O, East Park Addition Owner: Snowton, Homer c/o J. L. Snowton 2635 Ballard Paris, TX 75460 742 11. 1112 14th St. N.E., Lots 9 & 11, Block 2, Harlan Heights Addition Owner: Westbrook, Joe Earl 211 Rogers Street Sulphur Springs, TX 75482 -2591 12. 1170 Van Zandt, Lot 18,, City Block 175A Owner: Printers, Jessie Nunley c/o Mary Thomas 119 W. Provine Paris, TX 75460 13. 2630 W. Houston, Lots 18 -19, Block 2, Sperry 3rd Addition Owner: Toland, W. S. Box 509 Blossom, TX 75416 14. 2591 W. Houston, Lot 5, Block 1, Sperry 3rd Addition Owner: Camster, W. E. 1823 Clarksville Paris, TX 75460 15. 1421 W. Kaufman, Lots 11, 12, & 13, Block 1, Talkington -Hodge Addition Owner: Enlow, Stanley D. & June Finch 1421 W. Kaufman Paris, TX 75460 16. 536 W. Houston, Lot 3, City Block 44A Owner: Cunningham, Frances P. O. Box 515542 Dallas, TX 75251 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Building Hazard Inspection Committee Composed of the City Engineer; the Chief, Paris Fire Department and the Director of Community Development, proceed to call a hearing to notify the owners, and, if any, occupants of the property, and to notify such owners whose residences are not known by publishing the same in the newspaper as required by law, and after such hearing to report their findings to the City Council in accordance with Article III of Chapter 7 of the Code of Ordinances of the City of Paris. Passed and adopted this 10th day of February, 1994 Ge ge Fisher, Mayor ATTEST: Hattie Cunningham, City Cle APPROVED AS TO FORM: i i T. K. Yfayrieseity Attorney Resolution No. 94 -008, changing the regular Monday City Council Meeting for the month of March to Thursday, March 10, 1994 due to a scheduling conflict, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Williams for approval of the resolution. The motion carried 7 ayes, 0 nays. 743 RESOLUTION NO. 94 -008 WHEREAS, the City Council and the City Manager will be attending the National League of Cities Annual Conference in Washington, D.C. to be held on March 12 through 15, 1994; and, WHEREAS, it would be appropriate for the Regular Monday Council meeting which would be normally scheduled for the second Monday in March, being March 14, 1994, to be consolidated with the regular Thursday meeting which is scheduled for March 10, 1994, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the regular Monday meeting scheduled for March, 1994, be, and the same is hereby rescheduled for Thursday, March 10, 1994, at 6:00 o'clock P.M.; and BE IT FURTHER RESOLVED, that a copy of this Resolutiort be placed on the City Hail Bulletin Board giving notice of the rescheduling of the regular Monday March Council meeting, and that the news media be informed of the rescheduled date in the same manner they are informed of emergency City Council meetings. PASSED AND ADOPTED this 10th day of February, 1994. G rge fisher, Mayor ATTEST: Mattie Cunningham, City lerk APPROVED A O FORM: T. K. Haynes, ity Attorney ^ 744 basically what they have done is separate out instrumentation controls from the total water expansion. Paul Lipscomb, Consulting Engineer, came forward and told the Council that basically they called this Vol. 2, and Vol. 1 is going to be the basic planning stage. Mr. Lipscomb said that the technology in Water Treatment and Wastewater Treatment Plants has change greatly in the last 5 or 10 years. The controls instrumentation aspect of water and wastewater has changed about as drastically as anything else, but basically the treatment process is abort the same as it was 20 year ago, but these controls are what they have finally concluded during the course of design of this project is the lead time on these controls are much faster by use of computers. This will replace the old mechanical strip chart records, now these thing will go directly to a computer where processes will control, and will have analyzers including the processors will give people far better ideas about how to control process. After further discussion, a motion was made by Councilman Jim Bell, seconded by Councilman Shelton for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 94 -009, approving plans and specifications and authorizing the taking of bids for the Water Treatment Plant Expansion Vol. II - Controls and Instrumentation Project, was presented. Earl Smith, City Engineer, introduced Paul Lipscomb, Consulting Engineer, who has worked with him on the project. Mr. Smith said that 745 RESOLUTION NO. 94 -009 WHEREAS, the City Council of the City of Paris, did heretofore authorize the preparation of plans and specifications for a project of construction for the Water Treatment Plant Expansion; and, WHEREAS, such plans and specifications have been prepared by Burcher, Willis & Ratliff, with the title being given thereto of "Water Treatment Plant Expansion Vol. II - Controls & Instrumentation" Project, which plans and specifications are recommended for approval by the City Engineer of the City of Paris; and, WHEREAS, such plans and specifications should be approved and such project should be advertised for bids; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the plans and specifications for the Water Treatment Plant Expansion Vol. II - Controls & Instrumentation Project be, and are hereby approved; and, BE IT FURTHER RESOLVED, that such Water Treatment Plant Expansion Vol. II - Controls & Instrumentation Project should be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 Ist Street S.E., Paris, Texas 75460, until 3:00 o'clock P.M. on Tuesday, March 1, 1994, at which time said bids will be opened in the City Council Chamber, City Hall, 135 lst Street S.E., Paris, Lamar County, Texas, and bids will be tabulated and presented to the City Council on the 10th day of March, 1994, for the purpose of letting such bid. PASSED AND ADOPTED this 10th day of February, 1994. ATTFST: Mattie Cunningham, City Ierk APPROVED AS TO FORM: T. K. Haynes, City Attorney �peorge Fisher, Mayor Resolution No. 94 -010, ordering the regular Municipal Election for the City of Paris, Paris, Texas to be held on the first Saturday in May, 1994, same being the 7th day of May, 1994 between the hours of 7:00 A. M. and 7:00 P. M. by the qualified voters of Districts 1, 2, 3, and 6, of the City of Paris, was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton for adoption of the resolution. The motion carried 7 ayes, 0 nays. 7 4 C RESOLUTION NO. 94 -010 A RESOLUTION ORDERING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF PARIS, PARIS, TEXAS TO BE HELD ON THE FIRST SATURDAY IN MAY, 1994, SAME BEING THE 7TH DAY OF MAY, 1994, BETWEEN THE HOURS OF 7:00 O'CLOCK A.M. AND 7:00 O'CLOCK P.M., BY THE QUALIFIED VOTERS OF DISTRICTS 1, 2, 3 AND 6 OF THE CITY OF PARIS, PARIS, TEXAS WITH EARLY VOTING FOR THE SAME BEING CONDUCTED IN THE CITY HALL ANNEX WEST, FROM THE 18TH DAY OF APRIL, 1994, THROUGH THE 3RD DAY OF MAY, 1994, MONDAY THROUGH FRIDAY, BETWEEN THE HOURS OF 8:00 O'CLOCK A.M. AND 5:00 O'CLOCK P.M., FOR THE PURPOSE OF ELECTING THE COUNCIL MEMBERS FROM EACH OF SAID DISTRICTS TO SERVE AS MEMBERS OF THE CITY COUNCIL FOR THE ENSUING TWO YEARS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That a regular municipal election for the City of Paris, Paris, Texas, be held by the qualified voters of Districts 1, 2, 3 and 6 of the City of Paris, Paris, Texas, on the first Saturday in May, 1994, same being the 7th day of May, 1994, between the hours of 7:00 o'clock A.M. and 7:00 o'clock P.M., for the purpose of electing four (4) members of the City Council of the City of Paris for two year terms, as follows: One Council Member from District One (1) One Council Member from District Two (2) One Council Member from District Three (3) One Council Member from District Six (6) as provided in Paragraphs 2, 3, 5, 6 and 7 of Order entered March 15, 1976, in Civil Action No. P- 75 -3 -CA, in the District Court of the United States for the Eastern District of Texas, Paris Division, and as provided in the Charter of the City of Paris and the laws of the State of Texas wherein they do not conflict with said Order. Section 2. That the polling places and election officials of such election shall be as follows: District One (1): Polling Place: T. G. Givens School 655 Martin Luther King, Jr. Drive Officials: Rath Rodgers, Presiding Judge Clabon Steward, Alternate Presiding Judge District Two (2): Polling Place: City of Paris Public Works Building 50 West Hickory Officials: Edith Bills, Presiding Judge Viola Bradford, Alternate Presiding Judge District Three (31: Polling Place: Thomas S. Justiss School 401 - 18th Street, N.W. 747 Officials: Betty Hanna, Presiding Judge Sue Gurley, Alternate Presiding Judge District Six (6): Polling Place: Crockett Middle School 655 South Collegiate Drive Officials: Howard Brazile, Presiding Judge Eloise Brazile, Alternate Presiding Judge Section 3. The Presiding Judge of the respective voting boxes shall designate and appoint at least two (2) and not more than four (4) competent and qualified clerks for such respective polling places and voting boxes as may be required for the efficient conduct of said election. Section 4. That early voting for the election described in Section 1 above shall be conducted under the direction of the City Clerk by herself and her deputies as ordered in separate order herefrom, beginning on the 18th day of April, 1994, through the 3rd day of May, 1994, Monday through Friday, between the hours of 8:00 o'clock A.M. and 5:00 o'clock P.M. Section 5. That the polling place and election officials for early voting of said election shall be as follows: EARLY VOTING: Polling Place: City Hall Annex West 150 lst_Street S.E. EARLY BALLOT BOARD: Officials: Edith Bills, Presiding Judge Viola Bradford, Alternate Presiding Judge Section 6. There is hereby created an early voting ballot board which consists of the presiding judge, the alternate presiding judge, appointed in Section 5 above, and at least two other members to be appointed by said presiding judge. The early voting ballot board shall carry out the duties enumerated in Chapter 87 of the Election Code of the State of Texas. Section 7. Such election shall be held in accordance with the laws of the State of Texas governing general and municipal elections, insofar as the same may be applicable, and with the provisions of the City Charter and Ordinances of the City of Paris, wherein such laws and ordinances do not conflict with the above described Order. Section 8. The Chief of Police of the City of Paris is hereby directed and instructed to post a properly executed Notice of Election pursuant to this order of election, signed by the Mayor of the City of Paris and attested by the City Clerk, on the bulletin board in the City Clerk's Office, on the board provided for notices at the City Hall door, at each of the polling places designated above, which are within each district in which the election is to be held, at least twenty (20) days before the election; further, a properly executed copy of such Notice of Election shall be published at least one time not more than twenty -five (25) days nor less than ten (10) days before the election in at least one daily newspaper published in the City of Paris, and a copy of the notice shall be filed with the City Clerk of the City of Paris, 2 together with the posting officer's return and the newspaper certificate of publication. Section 9. The pay of the judges and clerks of said election is hereby authorized and established as follows: $6.00 per hour for each judge and clerk; the election judge who delivers the returns of said election immediately after the votes have been counted to the proper office shall be paid an additional sum of $25.00 for that service, provided also, he shall make return of all election supplies not used when he makes returns of such election. PASSED AND ADOPTED by the City Council of the City of Paris in regular meeting, at the City Hall of said City, on this 10th day of February, 1994. i �e%i2--+J rge fisher, Mayor ATTEST: Matttie Cunningham, City lerk APPROVED AS T FORM T. K. Haynes, City ttorney 7 4. Mayor Fisher announced that the Council would bypass the workshop session to discuss capital improvement projects. There being no further business, the meeting adjourned. GERGE ISE.MYR ATTEST: ATTIE CUNNINGHAM, CITY CLERK 749 MINUTES OF THE PLANNING AND'ZONING COMMISSION FEBRUARY 8, 1994 The Planning and Zoning Commission of the City of Paris, Texas met in regular session Monday, February 7, 1994 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Barbara Gann 2. Marshall Kent, Jr. 3. Aaron Jenkins 4. Joe McCarthy 5. Louis Yates, Jr. Also present was Joe McCollum, Director of Community Development. Marshall Kent serving as Chairman in the absence of Chairman Reeves Hayter and Vice - Chairman Eric Clifford, called the meeting to order and called for the first item on the agenda. A motion was made by Mr. McCarthy, seconded by Mr. Jenkins to bring from the table, the public hearing to consider a change in zoning from a One Family Dwelling District No. 2 (SF -2) and Neighborhood Service District (NS) to a General Retail District (GR) on Lots 8- A, 8 -B, 9, 10, 10 -A and 11, City Block 222 -B and on Lots 16 and 17 and part of Lots 15 and 18, City Block 286 located between Lamar Avenue and E. Price Street from Collegiate Drive west to a point 158 feet west of 27th N.E. (Tabled at the January 3, 1994 Meeting). The motion carried 5 ayes, 0 nays. Mr. Kent declared the public hearing open and called for proponents to come forward. Eddie McFadden speaking for most of the property owners in the area under consideration stated that they had experienced diminishing property values of their homes due to their locations. He said they were to the point where the land was all the value remaining. He requested approval of the change to General Retail zoning. Reeves Hayter joined the meeting at this time. No one else spoke on the matter and the public hearing was closed. Following discussion, a motion was made by Mr. McCarthy, seconded by Mr. Yates to recommend approval of the change. The motion carried 5 ayes and 1 nay. Chairman Hayter voted nay. Chairman Hayter called for a motion to bring from the table, the Public Hearing to consider the petition of the Lamar County Human Resources Council, Inc., for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lot 9, City Block 311 located at 3390 Clarksville Street. (Tabled at the January 3, 1994 Meeting). 750 6 Chairman Hayter declared the public hearing open and called for proponents to appear: A.R. Martin, L.C.H.R.C. President addressed the Commission stating that a $5,400,000 grant had been approved for the construction and 40 years of maintenance for 50 living units for the elderly in Paris. He cited the fact that 22% of the Lamar County population was elderly and most were on fixed incomes so low that they were unable to maintain their homes in a reasonable condition. He said we have the opportunity to help this segment of the population with the proposed development. Raymond Armstrong, 645 S.E. 26th, spoke in favor, saying the L.C.H.R.C. had been very effective in the delivery of services to the citizens of the community for many years and would own and operate this facility. Nadine Ausbie joined the meeting at this point. Gary O'Conner, 4505 Choctaw Lane spoke in favor of the petition emphasizing the economic impact of the project and stating that the HUD 202 Program Standards would compliment the area in appearance and type of construction. Benny Lovell, 4375 Pine Mill Road spoke in favor on behalf of the property owners and restated the need for the type of housing proposed. Bill Phillips, 1055 Cardinal Lane spoke in opposition saying the housing would adversely affect value of nearby housing. Travis Dodd, 1185 34th S.E-. stated his concerns about his home values and the increase in traffic that would come with such a development. Larry Walker, 1090 Cardinal Lane,, also spoke in opposition saying he shared the concerns others had stated. He said this was a dangerous area of Clarksville Street because of traffic and that a elderly housing site should have safe ingress and egress. He said the City was obligated to maintain protective zoning for the area and said a housing development such as proposed would detract from the neighborhood. David Steely, 3375 Clarksville Street spoke against the change saying if zoning was not equally applied to his property, he would suffer economic loss. He ask that any change be carefully considered. No bne was else spoke and the public hearing was closed. Chairman Hayter stated that the need for a zoning change should be proven and he did not feel that evidence had been presented proving this the best site for the elderly housing. 751 3 approval and then had chosen this one. Mr. Kent said that evidence of property devaluation due to the project had not been submitted either. A motion was made by Mr. Kent, seconded by Mr. Yates to recommend approval. The motion carried 5 ayes, 1 nay with Mr. Hayter voting nay. Chairman Hayter called for a motion to bring from the table, the public hearing to consider the petition of Gerald Burnsed for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lots 7 and 8, City Block 311 located at 3350 and 3370 Clarksville Street. (Tabled at the January 3, 1994 meeting). A motion was made by Mr. McCarthy, seconded by Mr. Kent to bring the item from the table. The motion carried 7 ayes, 0 nays. Chairman Hayter declared the public hearing open and called for proponents to appear. Benny Lovell, realtor representing the owners of the two lots spoke in favor of the change saying they were supporting the elderly housing proposal by applying for the same zoning. Larry Walker, 1090 Cardinal Lane spoke in opposition saying he had the same objections as in the previous item. Daon Wall, 1035 Cardinal Lane opposed the change saying there has to be -a stopping place somewhere or zoning was no good. He said the neighborhood should be supported in their objections. No one else spoke and the public hearing was closed. Mr. Hayter again stated he saw no justification for the change. After discussion, a motion was made by Mr. McCarthy, seconded by Mr. Kent to recommend denial of the change. The motion carried 7 ayes, 0 nays. Chairman Hayter called for a motion to remove from the table the public hearing to consider the petition of J.D. LaFoy for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lot 10, City Block 311 located at 3420 Clarksville Street. (Tabled at the January 3, 1994 Meeting). The motion carried 7 ayes, 0 nays. Chairman Hayter opened the public hearing and called for proponents to appear. Benny Lovell, Realtor, representing Mr. LaFoy spoke in favor of the change in zoning. 752 2 Larry Walker, 1090 Cardinal Lane stated his same objections to the two previous items applied to this one also. No one else spoke and the public hearing was closed. Discussion followed and Ms. Ausbie stated the LaFoy tract would square off the L.C.H.R.C., Inc. proposed site and according to Mr. McCollum would be needed for safe ingress and egress to the elderly housing site. She made a motion to recommend approval Mrs. Gann seconded the motion which carried 4 ayes, 3 nays. Commissioners Hayter, Rent and McCarthy voted nay. Ms. Ausbie had to leave the meeting at this time and excused herself. Chairman Hayter declared the public hearing open on the petition of Jane Steely, David Steely and Jimmy Guthrie for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development Housing District (PD -b) on Lots 24, 26, and 27, City Block 312 located at 3375, 3395 and 3425 Clarksville Street. David Steely spoke for the petition saying their property was immediately opposite the proposed elderly housing and because of its location, was no longer a desirable place for a residence. He said the traffic on Clarksville Street made it undersireable and was not a place to raise children. He again stated that equitable zoning should be applied to their property as was recommended for the elderly housing site. Speaking in opposition were Harry Nimmo 1065 34th S.E., David Carpenter, 3520 Audubon Rd., Travis Dodd 1185 S.E. 34th, Bill Sweatman, 985 S.E. 34th, Wanda McFadden 1045 S.E. 34th, Horace Garner, 1110 S.E. 34th, Sam Whitney, 1145 S.E. 34th, Larry Walker, 1090 Cardinal Lane and Lillie Welch, 1105 S.E. 34th. All presented arguments such as devaluation of homes, security, destruction of trees and the closeness of many single family homes as reasons not to recommend the zoning change. No one else spoke and the public hearing was closed. Mr. McCarthy said that with out a preliminary plan for development he was not in favor of recommending approval. He made a motion to recommend denial of the petition. Mr. Kent seconded the motion which carried 6 ayes, 0 nays. Chairman Hayter declared the public hearing open on the petition of Ken Coffey for a change in zoning from a Two Family Dwelling District (2F) to a General Retail District (GR).on Lots 3 and 3A, City Block 227 -E located at 1933 and 1943 Pine Bluff Street. Mr. Coffey was present and told the Commission he wanted to 0 753 k, construct a metal building on the property for the purpose of providing an automobile refrigeration and auto repair service. He pointed out that there was one lot between his proposed shop and Crabtree's Restaurant and was across the street from an auto detail shop. No one else was present to speak on the matter. Mr. McCollum advised the Commission that there had been a misunderstanding at the time the petition was filed. His understanding was that an appliance repair shop was the intended use of the property and such a use was permitted in the General Retail District. The auto repair and air conditioning service needs to be in a heavier zoning district. He recommended the matter be tabled and that proper notice be given to adjacent owners of the required zoning. A motion was made by Mr. McCarthy to table the matter and to renotify adjacent owners of the required zoning change needed for the proposed use. Mr. Kent seconded the motion which carried 6 ayes, 0 nays. Chairman Hayter declared the public hearing open on the petition of Jim Bell for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Multi - Family Dwelling District No. 1 (MF -1) on Lots 8 -B and 8 -C, City Block 257 -A located on the southwest corner of E. Cherry Street and 25th N.E. Benny Lovell spoke for Mr. Bell saying the lots in question were near other Multi - family zoning such as Cherry Street Manor and the Pshigoda Foundation apartments. He said the property immediately south was the old Goree Greenhouse and was still operated as a florist shop. No one else was present to speak on the matter and the public hearing was closed. Mr. McCollum pointed out that the property was occupied by a vacant house and the City has frequent complaints about a "blind corner" at the intersection of 25th N.E. and E. Cherry. Following discussion a motion was made by Mr. McCarthy, seconded by Mr. Jenkins to recommend approval of the petition. The motion carried 6 ayes, 0 nays. There being no further business to consider, the meeting was adjourned. o N. McCollum Secretary, ex- officio 754 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL February 14, 1994 The City Council of the City of Paris met in regular session, Monday, February 14, 1994, 6:00 P. M., City Hall, City Council Chambers, Paris, Texas. Mayor George Fisher called the meeting to order with the following Councilmembers present: Don Shelton, Jim Bell, Millie Ingram McDonald, Wayne Brown, and John F. Bell. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Matt.ie Cunningham. Invocation was given by W. E. Anderson, Director of Finance for the City of Paris. Mayor Fisher announced if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Fisher asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced the next order of business would be receipt of reports from committees, boards, and commissions with minutes of the Paris Lamar County Board of Health, Lamar County Rural Health Clinic Board, Paris Public Library Advisory Board, and Paris Economic Development Corporation Board with no action being required. Agenda Item No. 4, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lots 7 and 8, City Block 311 located at 3350 and 3370 Clarksville Street, was left on the table. A motion was made by Councilman Jim Bell, seconded by Councilman Wayne Brown to bring consideration of and action on authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lot 10, City Block 311 located at 3420 Clarksville Street from the table. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Jim Bell, seconded by Councilwoman McDonald authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lot 10, City Block 311 located at 3420 Clarksville Street. The motion carried 6 ayes, 0 nays. No action was taken on Agenda Item No. 6, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No 1710 changing the zoning from a One Family Dwelling 755 District No. 2 (SF -2) to a Planned Development Housing District (PD -b) on Lots 24, 26, and 27, City Block 312 located at 3375, 3395, and 3425 Clarksville Street. A motion was made by Councilman John Bell, seconded by Councilman Jim Bell authorizing preparation of an ordinance amending Chapter 34, Section 34 -131, Subsection (c) (6), a) b) and c) of the Code of Ordinances establishing the waste hauler permit and disposal at P.O.T.W. and the manifest system. City Attorney Haynes advised the Council that it has been customary to set fees in the ordinance itself that requires the fee. The ordinance requested by the utility department in a form promulgated by E. P. A. provided for the establishment of fees in a separate resolution which was also passed by the City Council at the request of the administration. In attempting to use the ordinance, we find that the standard method used by the City of Paris is superior to that of E. P. A. and we have prepared amendments to the ordinance in order that a person may be informed of the fee by looking in one place rather than having to look at the ordinance and then searching for a resolution which is not in anyway referenced in the ordinance. A motion carried 6 ayes, 0 nays. Councilman John Bell asked to be excused from the Council meeting due to conflict of interest. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton excusing Councilman John Bell. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 94 -006 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A- GENERAL RETAIL DISTRICT (GR) ON LOTS 8 -A, 8 -B, 9, 10 -A, AND 11, CITY BLOCK 222 -B, AND LOTS 16 AND 17, AND PART OF LOTS 15 AND 18 CITY BLOCK 286, ON PROPERTY BELONGING TO HEDY NASH, WILLIAM MCFADDEN, HARRY BRIGHT, DONALD SCHURKAMP, JAMES THOMPSON, SAM COLE, W. C. DEVLIN AND WORLD CHRISTIAN CENTER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2) AND NEIGHBORHOOD SERVICE DISTRICT (NS); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) SO ESTABLISHED was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Brown for adoption of the ordinance. The motion carried 5 ayes, 0 nays. A motion was made by Councilman Shelton, seconded by Councilman Jim Bell to allow Councilman John Bell to return to the Council meeting. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 93 -007 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP 756 OF SAID CITY: ESTABLISHING A PLANNED DEVELOPMENT HOUSING DISTRICT (PD -b) ON LOT 9, CITY BLOCK 311, ON PROPERTY BELONGING TO CHARLES ENDSLEY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT - HOUSING DISTRICT )PD -b) SO ESTABLISHED was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton for adoption of the ordinance. The motion carried 6 ayes, 0 nays. No action was taken on Agenda Item No. 8C, Amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lots 7 and 8, City Block 311 located at 3350 and 3370 Clarksville Street. ORDINANCE NO. 94 -008 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PLANNED DEVELOPMENT - HOUSING DISTRICT (PD -b) ON LOT 10, CITY BLOCK 311 ON PROPERTY BELONGING TO J. D. LAFOY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT - HOUSING DISTRICT (PD -b) SO ESTABLISHED was presented. A motion was made by Councilman Jim Bell, seconded by Councilwoman McDonald for adoption of the ordinance. No action was taken on Agenda Item No. 8E, Amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development Housing District (PD -b) on Lot 24, 26, and 27, City Block 312 located at 3375, 3395, and 3425 Clarksville Street. Councilman Jim Bell asked to be excused from the Council meeting due to conflict of interest. A motion was made by Councilman Shelton, seconded by Councilman Shelton excusing Councilman Jim Bell. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 94 -009 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A MULTI - FAMILY DWELLING DISTRICT NO. 1 (MF -1) ON LOTS 8B, and 8C, CITY BLOCK 257 -A, ON PROPERTY BELONGING TO SARAH GOREE, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE MULTI - FAMILY DWELLING DISTRICT NO. 1 (MF -1) SO ESTABLISHED 757 was presented. A -motion was made by Councilwoman McDonald, seconded by Councilman Brown for adoption of the ordinance. The motion carried 5 ayes, 0 nays. A motion was made by Councilman Shelton, seconded by Councilman Brown to allow Councilman Jim Bell to return to the Council meeting. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 94 -010 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SECTION 34- 131(c)(6) a), b) OF SAID CODE; PROVIDING THAT FEES BE ESTABLISHED FOR PERMITS, WASTE DISPOSAL AT POTW, AND MANIFEST SYSTEM BOOKS; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF MARCH 1, 1994 was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Brown for adoption of the ordinance. The motion carried 6 ayes, 0 nays. City Manager Malone called for tabulation of bids for furnishing and deliver of various diagnostic and shop equipment for use in the Fleet Maintenance Division of Public Works Department, and the following bids were presented: PARTS PLUS INC. Item No. 1 Model 1770 Robin Air $ 2,875.00 A/C Recharge /Recycle Unit Warranty *Item No. 2 Ammco-Model 4100 1 year $ 5,709.00 Drum /Disc Break Lathe Warranty 1 year Item No. 3 OTC #1877 Oil Filter Crusher OTC $ 2,191.61 #3680 Diagnostic Test Unit Warranty /Screen I $1,909.98. year; All other 3-years Total $:12,685.59 ALLEN'S AUTO PARTS Item No. 1 Model #17700 Robin Air $ 2899.00 Warranty *Item No. 2 Ammco Model 4100 Brake Lathe 1 year Warranty .3Q Item No. 3 OTC Model 1877 Filter Crusher I year year Item No. 4 Warranty /Lifetime, defects in material OTC 3621 Diagnostic EQ '249.50 Warranty /Screen 1 yr; All others �5Q 3 years Optional Arm for Brake Lathe $ 310.00 Total $13,725.30 758 NAPA AUTO PARTS Item No. 1 Moel 17700 Robin Air $ 3,251.34 Warranty 90 days *Item No. 2 Ammco 4100 Brake Lathe $ 6,750.00 Warranty 1 year Item No. 3 OTC 1877 Filter Crusher $ 2,322.42 Warranty 1 year Item No. 4 OTC 3608 Diagnostic System $ 2,280.45 Warranty 1 year Total $14,604.21 * DOES NOT MEET SPECIFICATIONS It was the recommendation of B. A. Huddleston, Director of Public Works, to award the bid for Items No. 1, 3, and 4 to the low bidder Parts Plus, Inc. in the amount of $6,9766.59, and reject and rebid Item No. 2 which did not meet specifications. After discussion, a motion was made by Councilman Jim Bell, seconded by , Councilman Shelton to accept the recommendation of Mr. Huddleston to award the bid for Items No. 1, 3, and 4 to Parts Plus, Inc., and to reject the bid for Item No. 2 and rebid the item. The motion carried 6 ayes, 0 nays. City Manager Malone called for tabulation of bids for furnishing and delivery of quotations for vehicle service, and the following bids were presented: Mr. Goodlube $2,980.50 Kwik Kar Lube $3,086.00 Griffith's Quick Lube $3,118.15 -- A motion was made by Councilman Shelton to award the bid to Mr. Goodlube in the amount of $2,980.50. The motion was seconded by Councilman Jim Bell, and carried 6 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of one Current 1994 Six Inch Model T6A3 -F4L- Gorman Rupp Diesel Powered, and the following bids were presented: Pump Power & Equipment Co. $17,182.00 Cheb, Inc. $17,612.00 Southern States Industries $18,041.00 Barco Inc ** $18,500.00 ** Does Not Meet Specifications A motion was made by Councilman Shelton, seconded by Councilman Brown to award the bid to Pump Power & Equipment Company in the amount of $17,182.00. The motion carried 6 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of one concrete saw for use in the Street Division of Public Works. City Manager Malone advised that only one bid had been received 754 that being from Jenkins Rental Company in the amount of $2,675.00 meeting all specifications, and was within the budget amount. A motion was made by Coun- ilntan Jim Bell, seconded by Councilman Shelton to award the bid to Jenkins Rental Company in the amount of $2,675.00. The motion carried 6 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of four water meter reader devices for use in the Water Billing Office, and the following bids were presented: Texas Meter and Sewer Company Sensus Technologies, Inc. Mineola Valve and Hydrant $20,416.43 $22,145.40 $24,534.50 A motion was made by Councilman Jim Bell, seconded by Councilman Brown to award the bid to Texas Meter and Sewer Company in the amount of $20,416.43. The motion carried 6 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of one C.C.T.V. Surveillance System for use' in the Water Billing Office, and the following bids were presented: Advance Alarm Electron Security Bell Electronics Alpha Communications $1,892.00 $2,359.00 $2,876.00 $4,434.00 A motion was made by Councilman Jim Bell, seconded by Councilman Shelton to award the bid to Advance Alarm in the amount of $1,892.00. The motion carried 6 ayes, 0 nays. Resolution No. 94 -011, authorizing the execution of a preapplication to be made to the Texas Department of Transportation for an improvement grant in the amount of $67,545.00, being approximately 90% of the estimated cost of the installation of lighted guidance signs on Runway 17/356 at Cox Field Airport, with the City of Paris providing $7,505.00 in kind services and funds, was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Brown for approval of the resolution. The motion carried 6 ayes, 0 nays. 760 RESOLUTION NO. 94-011 WiiEREAS, the Texas Department of Transportation provides 90% funding for airport improvement grants; and, WHEREAS the City Council of the City of Paris is desirous of processing a grant preapplication and application for the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport, at a total cost of $75,050.00, with $67,545.00 to be provided by grant and $7,505.00 to be provided by the City of Paris in the form of local contribution; and, WHEREAS, the Texas Department of Transportation requires that it be designated the agent for the City of Paris for the purposes of receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of said improvements; and, WHEREAS the safety of the flying public dictates the immediate installation of the lighted guidance signs at Cox Field Airport, and that it is appropriate that an emergency be declared and that the City's required participation in said project be funded from the contingency appropriations account; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That a preapplication be made to the Texas Department of Transportation for an improvement grant in the amount of $67,545.00, being approximately 90% of the estimated cost of the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport, with the City of Paris providing $7,505.00 in funds. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby appointed as the Authorized Representative of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Dick hoots, Director of Community Facilities, be, and lie is hereby appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, coin munications, assurances and documents necessary for the completion of said project. 4. That the Texas Department of Transportation, be, and it is hereby, authorized and directed to serve as the City of Paris' agent for the purposes of receiving and disbursing all funds for the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport and for the administration of contracts necessary for the implementation of said improvements. BE iT FURTHER RESOLVED that an emergency be, and the same is hereby declared in order to provide safety to the flying public by the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport. BE IT FURTHER RESOLVED that the Director of Finance, Gene Anderson, be, and he is hereby authorized and directed to make such expenditures from the contingency appropriations account as is necessary to fund the City of Paris' portion of such project. 761 PASSED AND ADOPTED this 14th day of February, 1994. Ge ge Tsher, Mayor ATTEST: Mattie Cunningham, City Cle k APPROVED AS O FORM: T. K. Haynes, City Attorney 762. -L .t :L ,--:!v ,,, `v rr. February 11,1, 99,T' Mr. David Fulton Division Director Division of Aviation Texas Department of Transportation P.O. Box 12607 Austin, Texas 78711 Dear Mr. Fulton: CITE 01-F PARISH The City of Paris by this letter and accompanying resolution indicates its intent to pursue financial assistance from the Texas Department of Transportation for the installation of lighted guidance signs at Cox Field Airport. The cost of these improvements is presently estimated to be $75,050. The City of Paris understands that state financial assistance may be available for 90 percent of the eligible costs. The remaining share of eligible costs and any ineligible costs shall be the responsibility of the City of Paris. The City of Paris further understands that all or a portion of its share may be due in cash upon Texas Department of Transportation request, and that this may occur as early as-March 1, 1994. The City of Paris also indicates its intent to enter into an Airport Project Participation Agreement with the Texas Department of Transportation, naming the Texas Department of Transportation as its agent for the purposes of receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of these improvements. The City of Paris has reviewed the text of the Texas Department of Transportation's standard "Airport Project Participation Agreement," and has found the terms and conditions of the Agreement to be acceptable. Sincerely, Michael E. Malone City Manager, City of Paris MEM /tad P.O. BOX 9037 • PARIS, TEXAS 75461 -9037 • (903) 785 -7511 • FAX (903) 785.8519 EXHIBIT A Resolution No. 94 -012, appointing Dr. David C. Brock as a member of the Paris -Lamar County Board of Health, to serve the unexpired term of Dr. M. Thomas Cutrell, which ends December 31, 1994, was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Brown for approval of the resolution. The motion carried 6 ayes, 0 nays. 763 RESOLUTION NO. g4 -01? JOINT RESOLUTION NO. 94 -001 WHEREAS, there exists a vacancy on the membership of the Paris -Lamar County Board of Health due to the resignation of Dr. M. Thomas Cutrell, and it is necessary to appoint his successor, and die Mayor of the City of Paris, George Fisher, having appointed Dr. David C. Brock to serve the unexpired term of Dr. M. Thomas Cutrell, which ends December 31, 1994, and has submitted the name of such person to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS. AND THE COUNTY OF LAMAR, that the appointment of Dr. David C. Brock as a member of the Paris -Lamar County Board of Health, to serve the unexpired term of Dr. M. Thomas Cutrell, which ends December 31, 1994, is by the City Council of the City of Paris hereby approved and confirmed. PASSED AND ADOPTED this 14th day of February, 1994. G orge - isher, Mayor ATTEST: rll�vyl IL Al Mattie Cunningham, City "Clerk APPROVED AS -rO FORM: T. K. Haynes, City Attorney APPROVED by the Commissioners Court of Lamar County, Texas, by adoption of the above Resolution on the 24th day of January, 1994, as reflected in Book , Page , of the Minutes of said Commissioners Court. Bane Lod hr i r, my Judge, Lama nty, exas ATTEST: Kathy 1' : I , County Clerk APPROVED AS TO FORM: Tom Wells, E wunty Attorney Resolution No. 94 -013, authorizing and directing the Mayor of the City of Paris, George Fisher, to execute on behalf of the City of Paris the contract for furnishing of labor and materials and performing all work required for servicing City of Paris vehicles, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman John Bell for approval of the resolution. The motion carried 6 ayes, 0 nays. 94 -013 RESOLUTION -NO. WHEREAS, the City Council of the City of Paris, did heretofore in Ordinance No. 91 -047, at a special meeting on September 26, 1991, approve the purchase of labor and materials for servicing City of Paris vehicles. Bids were received until 3:00 o'clock P.M., Tuesday, January 25, 1994; and, WHEREAS, the best bid for such service was made by Mr. Goodlube, 662 Bonham, Paris, Texas 75460, and it should be awarded the bid for providing such service; and, WHEREAS, the form of contract for providing such service is attached hereto as Exhibit A, and such form should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid of Mr. Goodlube, for furnishing of labor and materials and performing all work required for servicing City of Paris vehicles is hereby accepted and let, conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, George Fisher, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract for furnishing of labor and materials and performing all work required for servicing City of Paris vehicles, upon the terms and conditions and in the form shown in Exhibit A attached hereto, with Mr. Goodlube. PASSED AND ADOPTED this 14th day of February, 1994. Ge ge Fisher, Mayor ATTEST: Mattie Cunningham, City lerk APPROVED AS TO FORM: T. K. Haynes, City Attorney 64 765 STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } THAT, the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor, George Fisher, duly authorized, hereinafter called CITY and MR. GOODLUBE, by and through its owner, Edward Cooper, hereinafter called GOODLUBE, DO HEREBY CONTRACT AND AGREE AS FOLLOWS: 1. To service CITY vehicles in accordance with the specifications on Exhibit A attached hereto and made a part hereof. 2. The term of this contract shall be for a period of twelve (12) months beginning February 14, 1994, and ending on February 13, 1995. 3. CITY has the right to unilaterally terminate this agreement at any time for failure to perform the required services as outlined in Exhibit A attached hereto. EXECUTED this 14th day of February, 1994. _ ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney Ge rge rasher, Mayor EXNIRIT ,� MR. GOODLUBE Edward Cooper, Owner STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared George Fisher, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14th day of February, 1994. Notary Public, State of Texas STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Edward Cooper, owner of Mr. Goodlube, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of February, 1994. Notary Public, State of Texas 767 CLASS I _ FULL SIZE SEDAN (6 & 8 CYLINDER) A. BASIC SERVICES Drain crank case, change oil filter, fill with oil (up to 5 quarts); grease all fittings; lubricate hinges and latches. $ /Y' id B. SERVICES CHECK LIST Check, clean or replace air filter Check and fill transmission Check and fill brake fluid Check battery fluid level Check and fill differential Check and fill power steering fluid Check and fill windshield washer fluid Treat battery terminals Check and clean crank case vent filter (replace if needed) Check all tires, inflate to proper pressure Check all belts and hoses Check wiper blades Check for oil leaks under vehicle C. EXTRA PRODUCTS (as needed) Oil per quart. 10 E. Air filter element (12,000 miles) Crank case filter element Gear oil per pound Transmission fluid per quart $ I.Z,5 $ 4j0 $ :lam $ i �S $ L Power steering fluid per pint $ l_IcC Brake fluid per pint $ 400 Windshield washer fluid per quart $ /./0 Automatic transmission filter /fluid change -- 20,000 mile intervals or as needed (up to 4 quarts) $_ Car wash and vacuum for executive and police vehicles EXHIBIT $ 1/CIO CLASS II - PICKUPS: SMALL SIZE - 1/2 TON, 3/4 TON A. BASIC SERVICES B. NA 19 Drain crank case, change oil filter, fill with oil (up to 5 quarts) ; grease all fittings; lubricate hinges and latches. SERVICES CHECK LIST Check, clean or replace air filter Check and fill transmission Check and fill brake fluid Check battery fluid level Check and fill differential Check and fill power steering fluid Check and fill windshield washer fluid Treat battery terminals Check and clean crank case vent filter (replace if needed) Check all tires, inflate to proper pressure Check all belts and hoses Check wiper blades Check for oil leaks under vehicle EXTRA PRODUCTS (as needed) Oil per quart Air filter element (12,000 miles) Crank case filter element Gear oil per pound Transmission fluid per quart Power steering fluid per pint $ .45 $ !./14 $ 2-25 $ -1 . 4.5 $ 4G5 $ 1,00 Brake fluid per pint $ Windshield washer fluid per quart $ Automatic transmission filter /fluid change -- 20,000 mile intervals or as needed (up to 4 quarts) $ _ �� 768 769 CLASS III _ TRUCKS: 1 TON THRU 2 TON /6 & 8 CYLINDER GAS A. B. C. 10 BASIC SERVICES Drain crank case, change to 7 quarts); grease all latches. SERVICES CHECK LIST oil filter, fill with oil (up fittings; lubricate hinges and /`3, j0 Check, clean or replace air filter Check and fill transmission Check and fill brake fluid Check battery fluid level Check and fill differential Check and fill power steering fluid Check and fill windshield washer fluid Treat battery terminals Check and clean crank case vent filter (replace if needed) Check all tires, inflate to proper pressure Check all belts and hoses Check wiper blades Check for oil leaks under vehicle EXTRA PRODUCTS (as needed) Oil per quart Air filter element (12;000 miles) Crank case filter element Gear oil per pound Transmission fluid per quart Power steering fluid per pint $ /. IJ--' $ a $ $ $ $ Brake fluid per pint $ /. PQ Windshield washer fluid per quart $ Automatic transmission filter /fluid change -- 20,000 mile intervals or as needed (up to 5 quarts) $ 770 CLASS IV - TRUCKS: 1 TON THRU 2 TON /6 & 8 CYLINDER (DIESEL) AMBULANCE'S /RESCUE UNITS (DIESEL) A. BASIC SERVICES Drain crank case, change oil filter, fill with oil (up to 9 quarts); grease all fittings; lubricate hinges and latches. Oil: Shell /Rotella 15 -W 40. $ .p.51, B. SERVICES CHECK LIST Check, clean or replace air filter Check and fill transmission Check and fill brake fluid Check battery fluid level Check and fill differential Check and fill power steering fluid Check and fill windshield washer fluid Treat battery terminals Check and clean crank case vent filter (replace if needed) Check all tires, inflate to proper pressure Check all belts and hoses Check wiper blades Check for oil leaks under vehicle C. EXTRA PRODUCTS (as needed) Oil per quart* Air filter element (16,000 miles) Fuel filter (change every 300 hrs) Crank case filter element Gear oil per pound Transmission fluid per quart Power steering fluid per pint Brake fluid per pint Windshield washer fluid per quart $ /, 45 $ 8. So $ JS. �'o $ J.00 $ /4.5 $ AZ5 $ /. od $ /.00 $ /,/b D. Automatic transmission filter /fluid change -- 20,000 mile intervals or as ..77 lP•w needed (up to 5 quarts) $ o� 771 CLASS V _ TRUCKS: 2 -1/2 TON & 3 TON /6 & 8 CYLINDER GAS A. BASIC SERVICES Drain crank case, change oil filter, fill with oil (up to 7 quarts); grease all fittings; lubricate hinges and latches. $ aa�o B. SERVICES CHECK LIST Check, clean or replace air filter Check and fill transmission Check and fill brake fluid Check battery fluid level Check and fill differential Check and fill power steering fluid Check and fill windshield washer fluid Treat battery terminals Check and clean crank case vent filter (replace if needed) Check all tires, inflate to proper pressure Check all belts and hoses Check wiper blades Check for oil leaks under vehicle C. EXTRA PRODUCTS (as needed) Oil per quart Air filter element (16,000 miles) Crank case filter element Gear oil per pound Transmission fluid per quart Power steering fluid per pint Brake fluid per pint Windshield washer fluid per quart $ 1. 5 $ 15o $ J.0o $ /. /S $ /. 4S $ / Ply $ /• pp $ /. i0 D. Automatic transmission filter /fluid change -- 20,000 mile intervals or as needed (up to 5 quarts) $�,`1� 772 CLASS VI _ TRUCKS: 2 -1/2 TON & 3 TON /6 & 8 CYLINDER (DIESEL) INCLUDES STREET SWEEPERS A. BASIC SERVICES Drain crank case, change oil filter, fill with oil (up to 12 quarts); grease all fittings; lubricate hinges and latches. B. SERVICES CHECK LIST ASrG Check, clean or replace air filter Check and fill transmission Check and fill brake fluid Check battery fluid level Check and fill differential Check and fill power steering fluid Check and fill windshield washer fluid Treat battery terminals Check and clean crank case vent filter (replace if needed) Check all tires, inflate to proper pressure Check all belts and hoses Check wiper blades Check for oil leaks under vehicle �— C. EXTRA PRODUCTS Oil per quart $ / 45 ' Extra oil filter $ r/C Air filter element (16,000 miles) $ `4 • �� Fuel filter $ Crank case filter element $ T• SD Gear oil per pound $ Transmission fluid per quart $ Power steering fluid per pint $ /•Ad Brake fluid per pint $ /.DD Windshield washer fluid per quart $ D. Automatic transmission filter /fluid change -- 20,000 mile intervals or as needed (up to 5 quarts) $ Resolution No. 94 -014, resolving that Addendum Number Three to Lease Agreement dated February 8, 1988 from J. B. Richey, Inc, is hereby approved and further resolving that the Mayor of the City of Paris, George Fisher, be and he is hereby authorized and directed to execute on behalf of the City of Paris Addendum Number Three to Lease Agreement dated February 8, 1988, was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Brown for approval of the resolution. The motion carried 6 ayes, 0 nays. 773 RESOLUTION NO. 94 -014 WHEREAS, the. City Council of the City of Paris did heretofore in Resolution No. 88 -009 approve the Cox Field Fixed Base Operator Lease to J. B. RICUIEY, INC.; and, WHEREAS, the terms of the lease agreement were revised with Addendum Number One by Resolution No. 90 -054, dated June 11, 1990, changing the office space area; and, WHEREAS, the terms of the lease agreement were revised with Addendum Number Two by Resolution No. 91 -077, dated July 15, 1991, establishing insurance requirements; and, WHEREAS, the terms of the lease agreement are in need of revision and an Addendum Number Three to Lease Agreement dated February 8, 1988, in the form of Exhibit A attached hereto should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Addendum Number Three to Lease Agreement dated February 8, 1988, with J. B. Richey, Inc., in the form of Exhibit A attached hereto, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, George Fisher, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, Addendum Number Three to Lease Agreement dated February 8, 1988, attached hereto as Exhibit A. PASSED AND ADOPTED this l4th day of February, 1994. Geo a Fisher, Mayor ATTEST: Mattie Cunningham, City Jerk APPROVED AS O FORM: T. K. Haynes, City Attorney ADDENDUM NUMBER THREE TO COX FIELD NIXED BASE OPERATOR LEASE DATED FEBRUARY 8, 1988, BETWEEN J. B. RICHEY, INC. AND CITY OF PARIS, PARIS, TEXAS STATE OF TEXAS } COUNTY OF LAMAR } KNOW ALL MEN BY THESE PRESENTS that this Addendum to Cox Field Fixed Base Operator Lease dated February 8, 1988, made this 14th day of February, 1994, by and between J. B. RICHEY, INC., by and through its President, J. B. Richey, hereinafter called LESSEE, and the CITY OF PARIS, Paris, Texas, acting by and through its Mayor, George Fisher, duly authorized, hereinafter called LESSOR. W iTN ESSETi I : it is hereby mutually agreed by and between LESSEE and LESSOR as follows: that Article I, A. be amended to read as follows: "A. Description of Premises Demised. 'The demised premises are 16' by 29' outlined in green on the plat marked Exhibit "A" and 224.5 square feet being the area outlined in green on plat marked Exhibit A- 1..... and that Article V, C. is hereby amended to read as follows: "C. Payment for Office Rental. The 224.5 square feet of office space described on Exhibit A -I attached hereto is leased to LESSEE at the monthly rate of $200.00, which shall be paid monthly on or before the 10th day of the month following the month for which the same is due." EXECUTED on the 14th day of February, 1994. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO )NORM: T. K. Haynes, City Attorney ATTEST: Jeanette Richey, Secretary EXHIBIT, A CITY OF PARIS, PARIS, TEXAS LESSOR Geo ge fisher, Mayor J. B. RICHEY, INC., LESSEE J. B. Richey, President 774 775 STATE OF TEXAS } COUNTY ON LAMAR } BEFORE ME, the undersigned authority, on this day personally George Fisher, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE -this 14th day of February, 1994. Notary Public, State of Texas STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally J. B. Richey, President of J. B. Richey, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged tome that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14th day of February, 1994. Notary Public, State of Texas 7,176 EXHIBIT A - ..' 6 n • 1 ,,• •'• �C- a ��.�; i.;.,•`.�r, t i 777 1 qj- -� - .. lQ. - .. co i PRIM 1 778 City Manager Malone presented a petition Historical Society regarding maintaining th e Station as a working fire station. from the Lamar County present Central Fire A motion was made by Councilman Jim Bell, seconded by Councilman Brown to receive the petition. The motion carried 6 ayes, 0 nays. City Manager Malone advised the Council that representatives from Reed -Stowe and Company were present to present the City of Paris 1994 Water and Wastewater Rate Study. Keith Reed and Jay Joyce presented the Council the 1994 Water and Wastewater Rate Study. Mr. Reed said if the Council will recall, some of the contracts the City has with water and wastewater customers requires the City of Paris to have outside independent rate study condupted each three years to arrive at their rates, and this is the third 'year. Mr. Reed told the Council that Mr. Joyce has prepared an overhead projector screen showing, showing many of the consumption characteristic of all the different customers classes where they be classified as residential, commercial, or industrial customer, and to give some indication as to their consumption patterns and consumption volumes over what they call a test year, that will be the proceeding twelve month period of time. Mr. Reed said that basically their rate calculations going forward will incorporate the City's test year consumption characteristics for the previous twelve month period apply that to the budget that is approved as of today to see what rates are required to be charged to fund that budget which included all operation and maintenance expense, some capital expense, salary and- related expense, as well as the debt service on bond previously sold for construction of major capital facilities with in the water and wastewater system. Mr. Joyce said they looked at the performance of revenue in the past fiscal year 1992 -93, and looking at the audit, the revenue have performed basically with a 1% variance, which is really good. They took a look at the prior fiscal year at the expenditure side and the 0 & M side. Operational and Maintenance cost were budgeted at approximately four and one -half million dollars, and the actual came in at approximately 4.3 million dollars which shows really good budgeting procedures. Mr. Joyce said in comparing the utility fund budget for last year, the total expenditures budgeted have increased over 16 1/2%. Major areas where they saw cost increase were electricity due to T.U. increase in their cost, bond issue, chemical, worker's 7 79 compensation insurance, building and equipment maintenance, and health insurance. Mr. Joyce told the Council that right now is the time for a rate increase. Your residential, commercial, and industrial rate have an increase, and winter increase allow the customers a chance to adjust to the rate structure. The wholesale contracts, Tenaska, Lamar County, Campbell requires a study to be performed and the rates updated the first quarter of the year, and we also have a new Campbell Soup contract. Mr. Joyce said discussed the sewer inflow /infiltration and the programs that City Engineer, Earl Smith, has implemented which should cut down on the inflow /infiltration. Mr. Joyce on the water side, they recommend that all customers included the optional charge customers pay cost for basis rate, and the situation we have right now is there are several large customers that are under take or pay with a minimum requirements every month::, and recommended that they go to cost based rate. They recommended maintaining the current uniform rate structure. Mr. Joyce said that on the sewer side and, rate side, they were recommended modifying the basis for residential billing from the winter water average to 80% of their monthly usage. On the commercial accounts, he recommended modifying their basis for their billing from 75% of the water usage to 100% of the water usage. Mr. Joyce said that under the proposed rate structure, the wastewater rates of the average residential customer with .400 cubic feet of wastewater contribution will increase from about $9.99 to $12.86 per month or about $2.87. Commercial customers with 25,000 cubic feet of flow will experience rate increase from $514.60 to $606.45. The rate increases for industrial customers will vary from customer to customer because of surcharges built into the rate structure for wastewater of higher strength than the domestic wastewater. After the presentation, it was the recommendation of Mr. Reed and Mr. Joyce that these rates be adopted as presented in the rate study report, and that will insure that revenue covered during the year will equal to the budget that you have approved, and you will have balanced budget of a financial operation assuming basic average rain fall year and temperature. The Council instructed Mr. Reed and Mr. Joyce to check the status of P. U. rates for a municipality, and to conduct a survey of water cost of the City of Paris comparative to other cities in Texas, Oklahoma, Arkansas, and Louisiana. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton to table action on Agenda Item No. 13, consideration of and action on adoption of the City of Paris 1994 Water and Wastewater Rate Study prepared by Reed -Stowe and Company, Utility Rate Consultants, and Agenda Item No. 14, consideration of and action on authorizing the preparation of an ordinance establishing water and sewer rates in accordance with the City of Paris 1994 Water and Wastewater Rate Study prepared by Reed -Stowe and Company, Utility Rate Consultants. The _ motion carried 6 ayes, 0 nays. The Council took a 5 minute break at this time. Mayor Fisher reconvened the Council meeting at 7:55 P. M. City Manager Malone announced that the next item on the agenda is a presentation of assessment of the City of Paris single member district political boundaries for the purpose of reapportionment by Allison and Associates. City Manager Malone explained to the Council.that the City of Paris has previously joined with Lamar County Commissioners Court in employing Consultant, Bob Bass, to investigate reapportionment of the political boundaries of the City for the purposes of complying with federal law. Mr. Bob Bass with the firm of Allison & Associates was present telling the Council that his firm has been asked to prepare an assessment of the City's existing political boundaries with view toward reapportion of the seven city wards. Mr. Bass gave a overview of political law regard political boundaries. Mr. Bass pointed out some of the problems from a ruff drawing of the proposed boundaries. Telling the Council that the northern tier the black population of the City of Paris that is at 65% or greater of each census block. They use 65% which identifies any racial category, and here in the City of Paris the only racial category that exceeds 2% is that of the black population which is at 22.01 %. Mr. Bass further pointed out that population is fragmented between District 1, 2, 3, and 4, there is a very small number in District 5. The present plan is discriminatory, not necessary by intent, but by a fact on two different principals, number one, you are constitutional unbalanced by 160 %, so under the constitution one person one vote test, there is no question that the City's boundaries are no longer legally permissible. Mr. Bass advised the Council that the City would be a sitting duck if someone was to bring suite under the Constitutional test 14th Amendment. Mr. Bass said the second matter is under the Voting Rights Act that is a problem in the fragmenting the City has of the minority population concentration, so when you draw the new lines you will be required to group that population into a single district or possible more districts to the extent that population will support. Also in drawing the boundaries, it is required that you give reasonable opportunity for electoral viability in a district because of the younger age of minority population compared to an anglo population you are going to have fewer of voting age due to the lower registration rate among minority population. On election day statistically fewer minority out of the same population base will turn out to vote, so in sizing you district you will need to size those districts to about 65% minority in a given district. Mr. Bass pointed out that District 1 is 63.53% and District 2 is 68.95% combined minority. Mr. Bass told the Council that by taking t e population of the City of Paris dividing by the seven district we will come up with an ideal size of 3,528 in reapportionment we would try to get as close to that number _ as we can. We also determine how far off you are from that number. District 1 has 2,054, deviation of 1,474 people below the ideal size, District 2 has 1,987 deviation of 1,541, District 7 has seven thousand plus which is twice as large as it should be. Mr. Bass said that in giving the task of trying to assess the districts and to determine what would be necessary creating a district or districts that would address the Voting Rights Act and the Constitutional requirements. Mr. Bass presented his study plan by creating a map using the census blocks and the above requirements. Mr. Bass said what he has attempted to accomplish is to create two districts that have significant minority concentration. District 1 under this plan has concentration of 68.4 %, District 2 under this plan has a minority concentration of 45.91 %, that is not what we call a political viable district, it is below the 65 %, it is what is called an impact district in that it's percentage of minority resident, although not significant under normal circumstances to elect a candidate of choice, they would be able to influence any election out of that district, and given a acceptable candidate with cross over voting could be elected. Mr. Bass pointed out that one of the problems is the minorities in the City of Paris is scattered in small concentration which makes it more difficult to draw lines. Also in 1978 the black population in Paris was approximately 30 %, and now it is approximately 22 %.� Mr. Bass also pointed out that the County is also under the same mandate, and with one advantage to this plan is that with very little effort gives a plan that creates minority district of about 44% using the City districts as election precincts — boxes, so the numbers works well in that aspect. Resolution No. 94 -015, authorizing and directing the Mayor of the City of Paris, George Fisher, to execute on behalf of the City of Paris the Notice to Proceed With Reapportionment for redistricting services from Allison & Associates, was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton for approval of the resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 94 -015 WHEREAS, the City Council of the City of Paris is aware that redistricting has not occurred in the City of Paris since the inception of the single member district form of government established in 1976; and, WHEREAS, it is appropriate to investigate and determine if redistricting is indicated; and, WHEREAS, the firm of Allison & Associates has been engaged to perform redistricting services; and, WHEREAS, it is appropriate that a Notice to Proceed in the form of Exhibit A attached hereto be executed by the City of Paris in order that said firm may be clothed with the credentials necessary to represent the City of Paris in this matter of redistricting; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, George Fisher, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the "Notice To Proceed With Reapportionment" for redistricting services from Allison & Associates in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 14th day of February, 1994. GeoFde Fisher, ayor ATTEST: Mattie Cunningham, City Jerk APPROVED AS TO FORM: T. K. Haynes, City !82 783 NOTICE TO PROCEED WITH REAPPORTIONMENT BE IT REMEMBERED that the firm of Allison & Associates was retained by this City Council on October 31,1993 to conduct an Initial Assessment of the population demographics of the City of Paris, and upon issuance of a formal Notice to Proceed with Reapportionment, to assist the City in the preparation of a submission to the Department of Justice in conformi ty with the Voting Rights Act of 1973, as amended. The Initial Assessment was completed by Allison & Associates and delivered to the City of Paris on November 11, 1993. Based upon the facts and findings contained within the Initial Assessment, the City of Paris Finds that a Total Maximum Deviation of 159.67% percent exists between the currently existing City Wards II and VII. This total maximum deviation, being in excess of 10 %, mandates reapportionment of city wards of the City of Paris. BE IT THEREFORE RESOLVED that the City Council of the City of Paris, formally issue this Notice to Proceed with Reapportionment to the firm of Allison & Associates, and to formally empower Allison & Associates to continue with its representation of the City of Paris relative to the reapportionment process. EXHIBIT A 11 !84 BE IT FURTHER RESOLVED that this duly executed Notice to Proceed with Reapportionment be forwarded to Allison & Associates as evidence of authority to complete the tasks necessary to obtain pre - clearance of a plan for the reapportionment of the citycouncil for the City of Paris political boundaries. SIGNED THIS day of , 1993. M or, City of Paris , George Fisher Attest: Mattie Cunninghari, City Clerk Resolution No. 94 -016, resolving that the Mayor of the City of Paris George Fisher, be, and he is hereby authorized and directed to accept nominations from the Councilpersons from each district as follows, 3 from District 1 and 2, two from District 3, 4, 5, 6, and 7, and on behalf of the City of Paris to appoint such citizens to a committee to assist in the redistricting process, was presented. A motion was made by Councilman Shelton, seconded by Councilman Jim Bell for approval of the resolution. The motion carried 6 ayes, 0 nays. !8J RESOLUTION NO. 94 -016 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -015 determine that it is appropriate for the City of Paris to embark upon a redistricting endeavor; and, WHEREAS, it would be appropriate to involve a citizen's committee to participate in the redistricting process and it would be appropriate for the Mayor to appoint said committee after receiving nominations from Councilpersons; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, George Fisher, be, and lie is hereby authorized and directed to accept nominations from the Councilpersons from each district as follows: 3 from District No. 1 3 from District No. 2 2 from District No. 3 2 from District No. 4 2 from District No. 5 2 from District No. 6 2 from District No. 7 and on behalf of the City of Paris to appoint such citizens to a committee to assist in the redistricting process. PASSED AND ADOPTED this 14th day of February, 1994. 9� 4�1,� G rge Fisher, Mayor ATTEST: `� Mattie Cunningham, City Jerk APPROVED AS TO T. K. Ha nes, City Bill Powers, President of the Reno Volunteer Fire Department, and Bubba Coston, Fire 'Chief, appeared before the Council telling them they were interest in doing is setting up a rural fire prevention district in the eastern part of the County, it would include the City of Reno, and an areas north, east and south of there coming back to the city limits of the City of Paris. One of the thing they would have to have is permission from Reno, Sun Valley, and the City of Paris because the City of Paris has an exterritorial jurisdictions which means two miles out we have to have permission if we want to come in within the two miles of the city limits. Basically the City of Paris would be giving up nothing, and what they hope to do by creating a rural fire pretention district is be able to provide fire protection for the people in the area. Steve Burgin, Fire Chief, came forward telling the Council we now cover one mile from the Paris City limits with one fire truck. Mr. Burgin said the Reno Volunteer Fire Department is not connected with the City of Reno, it is a totally volunteer structure. Their interest is fire protection in that area, they are one of the top groups in the area, they have a fully trained department, and are our closest assistance in the County, but what they do not have is the very large fire equipment. Mr. Burgin said his interest in this is it may bring their department up, and it could be a real asset to the City of Paris. This could also effect the Key Rate in the area, and yes he was in favor of the rural fire prevention district. Councilman Brown questioned annexation, and wanted to know if this should it be done before the redistricting? Mayor Fisher said this could be a part of the consideration for the Committee on redistricting to look at with recommendations from staff. There being no further business, the meeting adjourned. GE GE FISHER, MAYOR, CIT F IS ATTEST: M TTIE CUNNINGHAM, CITY CLERK 786 787 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL February 21, 1994 The City Council of the City of Paris met in special session, Monday, February 21, 1994, 6:00 P. M., City Hall, City Council Chambers, Paris, Texas. Mayor George Fisher called the meeting to order with the following Councilmembers present: Don Shelton, Jim Bell, Millie Ingram McDonald, and John Bell. Councilman Rondie Williams, and Councilman Wayne Brown were absent. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone announced that the first item on the agenda was a public hearing to receive comments concerning assessment of the City of Paris single member district political boundaries for the purpose of reapportionment. Mayor Fisher declared the public hearing open and asked for those who wished to speak on this matter to come forward. Raymond Armstrong, 645 S. E. 27th, spoke for the general idea and purpose of reapportioning these districts that they might be fair. Mr. Armstrong said he lives in a district that does not have full representation simply because of the numbers, that he serves on a School Board which is exactly the same when the district were made, the growth has been very extensive in these area; and the only thing that he was asking is that we be fair in the new setting of districts. Mr. Armstrong said he did not have any problems with making sure that minority community is represented, we have a. responsibility in this community to be sure that our minority citizens have representation along with the rest of the city. There should be a fairness in the setting of those districts, hoped that some day there would be one polling place for the County, City and Schools, and Mr. Armstrong said he was going to commit himself to help bring about a fairness in the redistricting of the school districts. Gary O'Connor, 4505 Choctaw Lane, was present telling the Council that he was concerned about the fairness and equity in representation as proposed redistricting would bring about, and what he would be in favor of is not a seven member district as we now have with one district that is clearly black, and one that is approximately 50% black, but a nine member district which would allow for more than likely for two predominately black district, and would also for an equal representation on a per capita basis for all the other residents of the city. Mr. O'Connor said this would involve amending the City Charter, and so be it, there are probably some other aspects of the Charter which could be revised. Another issued that concerned Mr. O'Connor was if there is no redistricting there will certainly be a court battle which will cost the City of Paris a considerable amount of money, and this money should go toward needed improvements in the City instead of going to attorneys. Ralph Rodgers, 525 E. Cherry Street, appeared before the Council stating that he was a member of District No. 1, and it is somewhat of a misnulment to say that he was speaking against redistricting or fia /8-8 reapportionment. Mr. Rodgers said his main concern was three things that he felt that needed to be done as this problem is approached. That he along with all the member of the two predominately minority districts are in favor of one man, one vote concept of government, equal representation for all, but Mr. Rodgers said he knew the redistricting needs to be done. -r— Mr. Rodgers asked the Council to be sure that there is ample time for ! all citizens of the community to be informed of the changes that needs to be made, and the basis upon which these changes are going to be made. Mr. Rodgers requested copies of the demographic information on District No. 1 and 2, and also that same type of information on the districts adjacent to and immediately East, South and West of Districts 1 and 2 in order that they may have a clear picture of the population distribution in these areas. No one else appeared, and Mayor Fisher declared the public hearing closed. Mayor Fisher advised the citizens in the audience that the Council has passed a resolution establishing a committee with representation from all districts. Mr. Rodgers said the suggestions made were good, but the only problem is, they feel that even before these community people can make informed decisions, they need more information than they currently have. Mr. Rodgers said he would hope they would be given the requested information and time to examine it. Mayor Fisher advised Mr. Rodgers that once the committee is established, they will be provided maps of the proposed districts along with maps as the district are drawn today, and the demographics as you have requested. City Attorney Haynes advised that at the last council meeting a resolution was passed by the Council which established a committee for the purpose of investigating the feels of the several areas, and that committee was determined to be made up of three members from District One and Two, and two members from District Three, Four, Five, Six, and Seven. City Attorney Haynes said that it is to that committee that the Mayor was asking his question - are the people supportive of having a committee of that make up to look in to this matter, or is there some other make up that they would like to be suggested. City Attorney Haynes said that all was need was the name of the members of the committee to go forward with this. Mr. Rodgers told the Council there was no problem with the concept of the committee, but their point is his people feel they need the information before the committee is named to go to work. Councilman John Bell said the committee needs to meet with Mr. Bass who is doing the reapportionment for the City, make his presentation and explain how those demographics were arrived at, and how the lines were established. 789 City Attorney Haynes explained that more than a year and one -half ago, Lamar County embarked upon the project of redistricting the County, and a consultant was hired and a plan was submitted, when the plan was sent to Washington City Officials became aware of it, it was examined looking at the laws of the State of Texas, and found to be unlawful. Because of that the City of Paris made an objection to that plan. At the same time the City of Paris and Paris Jr. College engaged the same consultant to attempt to reach some of the goals that have been stated by Mr. Armstrong, and City Attorney Haynes stated which he found to be 4 impossible to meet. We all had at that time the idea we could have voting boxes that serves in the same place for county, school, and city elections where a person desiring to vote could go to.one place instead of having to go to three different places to vote on election day, but when you start trying to draw the lines to do that, it is hard to find common areas. Mr. Haynes said the firm that was engaged by the County, School District, and City went out of business, and left us holding an empty bag, and the County with a plan that could not be approved by the United States, so another consultant was hired by the County, and the City of Paris engaged the same consultant in an attempt to work out the County and City situation in such a way that it would be harmonious, not because anyone in the City desires it, but because that is where the majority of the population is, it is almost imperative that you start with the City and develop a plan in the City, and then go from there to the County, it can not be done the other way around. That is why at this particular stage it appears that the City is out front. City Attorney Haynes advised that with regards to time frame, the City Council has set no time frame, if you are attempting to have a system in place that would serve the next election season, next spring after this one, you would have to have you plan available to submit no later than the first of January in order for it to be approved by late.April or May. So, as you-can see, it would not be prudent to wait until the last minutes to submit a plan, so our plan should be approved before the the first of January. City Attorney Haynes said the only time table is with the County, and- they are in need for `:redistricting. City Attorney Haynes said that the schedule of things that was hoped to happened in this process was first to find out some information, inform the Council, have an explanitation of a plan that would meet the law, constitutional correct, and appoint a committee of representation through out the community to look at it, discuss it, take it back to their own groups of persons that they represent, and then come back with a unified committee recommendation of a plan that would meet the law. City Attorney Haynes said the next step in that process is the appointment of a committee, and we have an indication tonight, that the committee that has been authorized by the Council is one that is acceptable to the citizens, so now it is up to the Council to appoint their representative to serve on the committee, the information that you have request is available, and the only hesitation we have in saying we have it immediately is that at our request there has been some adjustment made to try to strengthen the minority districts, and we are not sure that the information that we have is on the second plan, but all of the information that is needed is available, and is in the consultant's computer, he also has the concentration of minority 790 reflected up on one of the maps, so that you can see the minority group concentration is. City Attorney Haynes said that in order for a district to be considered to be a safe minority district, it needs a population of 65% minority. That is based upon averages, not in Paris, Texas, but through out the United States, those are the rules by the Justice Department, and the rules we have heard local acceptable of in discussion concerning this matter, so in order to have a minority controlled district, we are talking about a population of 65% or more. City Attorney Haynes said that after you once have established the district of 65 %, what our consultant tell us is the best you can do in another district is approximately 44 %. We have open minds and are willing to review and try to come up with any ideas that could strengthen those minority districts. Our first instructions to our consultant was design us a plan with two minority districts, hr camel back and saud he can not do that, this is the best he could do. It is possible to reduce those percentages and have two districts of 52 %, but the record shows when that happens, and he knew that some of the local 'minority leaders readily acceptable the idea that that would be giving up both districts, and would not be something they could support. Joe McCarthy, 1260 17th N. E., wanted to know about the numbers being used by the consultant. City Attorney Haynes advised that those number came from the 1990 census, and discussed the possibility of have at -large position with the Council. Melba Harris, 1165 N. E. 22nd, was present telling the Council that she is for one man, one vote, and fair distribution of the single member district, but she was insulted by even mentioning at -large positions because we will definitely be going back, and she said she could not see anybody foresee 'that at -large position would ever suite the needs of the black community. We have got to have a multicultural society, because we are always going to have problems if they do not have that. Ms. Harris submitted to the Council that not even be considered. Mayor Fisher advised that the City Manager has been instructed to provide the information, get it together so that we can assemble it and get it to the community, unless we need to have another meeting. Mayor Fisher declared the public hearing open to received comments concerning the City of Paris 1994 Water and Wastewater Rate Study. City Manager Malone advised that the City did received the Water and Wastewater Rate Study from our Consultants, Reed and Stowe, of Dallas, Texas. City Manager Malone said this was a study that is performed every three years, it is a requirements of some of the contracts that the City has with major industrial users. City Manager told the Council that one of the recommendations is the existing uniform water rate structure should be maintained as it sends the appropriate pricing signals to customers and promotes conservation. Under the proposed rate structure, the water bill of the average residential customer with 791 600 cubic feet of water usage will increase from about $11.29 to $12.55 per month or about $1.26 per month, and commercial customers using 25,000 cubic feet of water will experience a bill increase from $329.65 to $378.81 per month. The total revenue requirement of the Wastewater Utility portion for the test year is estimated to be $3,588,945.00. The residential wastewater billing units needs to be changed from the average winter water usage to 80% of each month's water consumption in order to provide revenue stability. Such method is commonly accepted in the rate making industry. The non - metered commercial and industrial wastewater customers should be billed at 100% of their monthly water usage. Analysis of monthly commercial and industrial water consumption shows little seasonal fluctuation which indicates that virtually all of the water is returned to the wastewater system on a year -round basis. Under the proposed rate structure, the wastewater rates of the average residential customer with 400 cubic feet of wastewater contribution will increase from about $9.99 to $12.86 per month or about $2.87 per month. Commercial customers with 25,000 cubic feet of flow will experience rate increase from $514.60 to $606.45 per month. The rate increases from industrial customers will vary from customer to customer because of surcharges built into the rate structure for wastewater of higher strength than the domestic wastewater. The combined water and wastewater monthly charge for the average residential customer will increase from $21.28 to $25.41 or an increase of about four dollars under the consultant recommended rates. The increase in the water and sewer rates is due primarily to increased debt service as well as other cost increases since the last rate study. Debt service has increased by 17.3% since the last study, and total budgeted sewer. costs have increased by 24.5 %. It should be noted that the increased debt service is due to the funding of mandatory improvements required by federal and state agencies. Operations and maintenance expenses are significantly impacted by TU Electric's 15% rate increase. Based upon our observations, the City staff exercised good management over those remaining activities and costs which are within its control. Dan Smith, 905 Wilburn, came forward stating that he: was in Jim's District, and was present to speak on behalf of himself as a resident, and also as a commercial customer. Mr. Smith said as a citizen he has had the opportunity to live in a great number of places, and his water bill in Paris is the highest that he as experienced. Until now it is the first time he has heard about the rate increase, or what the proposed rates were. As a commercial customer, Mr Smith said after hearing about this today, he did some checking, and through that his rate increase at Kimberly Clark will increase 53% and the implemental rate is scheduled to go up 41 %, and had heard thing as high on residential to 30 %. Mr. Smith said that to propose this sort of increase without talking to someone first, or to expect a commercial customer to sit back and think this is the adequate way to gain revenue without discussing any of these issues is not the correct way to go about trying to increase rates particularly 50 %. Mr. Smith said this would impact Kimberly -Clark about $120,000.00 over a year's time which is something that they did not have budgeted. Mr. Smith said he believed that part of the increase was done on a TU Electric rate increase of 15% projection, and if he was not mistaken, the increase of TU Electric was going to be in the neighborhood of 8 %, so to suggest that we should have a water rate increase based on a 15% increase of our electric bill before that has ever happen, or before we are sure that it is going to happen is a bit premature. Gary O'Connor 4504 Chactaw Lane; "stating that his concern was this rate increase would be allocated to pay for improvements in the Water Treatment System, and that at this point, we have not dealt with capital improvements for the major needed of the wastewater treatment system, and if we are expected, as ratepayers to expected to assume another increase in a year or so to pay for improvements of the Wastewater Treatment Plant, considerable discussion is in order. Joe McCarthy, 1120N. E. 17th Street, appeared before the Council stating that he was opposed to the rate increase. Mr. McCarthy pointed out that the City of Paris has a tremendous amount of senior citizens which this would make a hardship on them. No one else appeared, and Mayor Fisher declared the public hearing closed. City Manager Malone called for consideration of and action on adoption of the City of Paris 1994 Water and Wastewater Rate Study, and advised that this item was tabled at the February 14, 1994, meeting should the Council wish to consider this matter, a motion was needed to bring this item from the table. It was the consensus of the Council let the item remain on the table. At 7:25 P. M. the Council took a break, and reconvened at 7:35 P.M. A motion was made by Councilman John Bell, seconded by Councilman Jim Bell that Agenda Item No. 4, consideration of and action on authorizing the preparation of an ordinance establishing water and sewer rates in accordance with the .City of Paris 1994 Water and Wastewater Rate Study, remain on the table. The motion carried 4 ayes, 0 nays. A motion was made by Councilman Jim Bell to table Agenda Item No. 5, Workshop session to discuss capital improvement projects. Councilman Jim Bell withdrew his motion. Mayor Fisher announced that the Council would go into a workshop session to discuss capital improvement projects. At 8:45 P. M. the Council went back into session, and there being no further business, the meeting adjourned. ATTEST: MATTIE CUNNINGHAM, CITY CLERK 792 793 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL March 3, 1994 The City Council of the City of Paris met in special session, Thursday, March 3, 1994, 6:00 P. M., City Hall, City Council Chambers, Paris, Texas. Mayor George Fisher called the meeting to order with the following Councilmen present: Don Shelton, Jim Bell, Millie Ingram McDonald, Wayne Brown, and Rondie Williams. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Mayor Fisher announced that the first item on the agenda was a workshop session to discuss general fund capital improvements projects, and a workshop session to discuss water and sewer rates, and announced that the Council would go into workshop session at this time. Mayor Fisher declared the workshop sessions closed, and the special meeting back in session. No action was taken on Agenda Item No. 3, consideration of and action on adoption of the City of Paris 1994 Water and Wastewater Rate Study prepared by Reed -Stowe and Company, Utility Rate Consultants, and Agenda Item No. 4, consideration of and action on authorizing the preparation of an ordinance establishing water and sewer rates in accordance with the City of Paris 1994 Water and Wastewater Rate Study prepared by Reed - Stowe and Company, Utility Rate Consultants. There being no further business, the meeting adjourned. ATTEST: M T IE CUNNINGHAM, CITY CLERK L p GEORGE FISITER, �MAYOR� 794 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL March 10, 1994 - The City Council of the City of Paris met in regular session, Thursday, March 10, 1994, 6:00 P. M., City Hall, City Council Chambers, Paris, Texas. Mayor George Fisher called the meeting to order with the following Councilmembers present: Don Shelton, Jim Bell, and Millie Ingram McDonald. Also present was City Manager Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Reverend William Smith, of Bible Baptist Temple Church. A motion was made by Councilman Jim Bell to move Agenda Item No. 20, receipt of petition from property owners opposing the change in zoning at 3375, 3395, and 34254 Clarksville Street, being Lots 24, 26, and 27, City Block 312, from a One Family Dwelling District No. 2 (SF -2) to Planned Development Housing District (PD -b), and Agenda Item No. 21, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development Housing District (PD -b) on Lots 24, 26, and 27, City Block 312 located at 3375, 3395, and 2425 Clarksville Street forward. The motion was seconded by Councilwoman McDonald and carried 4 ayes, 0 nays. A motion was made by Councilman Jim Bell, seconded by Councilwoman McDonald to receive the petition from property owners opposing the change in zoning at 3375, 3395, and 3425 Clarksville. The motion carried 4 ayes, 0 nays. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development Housing District (PD -b) on Lots 24, 26, and 27, City Block 312 located at 3375, 3395, and 2425 Clarksville Street, and advised that this item was tabled at the February 10, 1994 meeting, and should the Council wish to consider this matter tonight, a motion to bring this item from the table is required. Councilman Jim Bell advised that information has been sent to the City Manager regarding this matter, but he did not feel it was appropriate to bring this item from the table at this time. No action was taken on the above matter. Mayor Fisher declared the public hearing open on the petition of Ken Coffey for a change in zoning from a Two Family Dwelling District (2F) to a Commercial District (C) on Lots 3 and 3 -A, City Block 227 -E located at 1933 and 1943 Pine Bluff Street. Mayor Fisher called for proponents to appear, and Mr. Ken Coffey appeared in behalf of his petition. Mr. Coffey told the Council that he proposed to construct a 40' x 80' metal building to house his appliance repair and automotive air conditioning repair business. Mr. r 795 Coffey requested that the zoning be change to Planned Development - Commercial zoning instead of Commercial District. Mayor Fisher called for opponents to appear, none appeared, and the public hearing was closed. A motion was made by Councilwoman McDonald, seconded by Councilman Shelton authorizing preparation of an ordinance changing the zoning on Lots 3 and 3 -A, City Block 227 -E from Two Family Dwelling District to Planned Development - Commercial zoning. The motion carried 4 ayes, 0 nays. Mayor Fisher declared the public hearing open to consider the petition of Sam Bolton for a change in zoning from an Agricultural District (A) to a Commercial District (C) on Lot 2, City Block 341 located on the east side of Church Street, approximately 300 feet south of Loop 286 S. E. Mayor Fisher called for proponents to appear, and Sam Bolton, Route 1, Box 579, Paris, Texas, appeared before the Council telling them that he owns the property on the North side of the property in question, and he needs the additional space for a convenience store. Mayor Fisher called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from an Agricultural District to a Commercial District on Lot 2, City Block 341, and to be presented at the next regular council meeting. The motion carried 4 ayes, 0 nays. Mayor Fisher declared the public hearing open on the petition of David Hicks for a change in zoning from a One Family Dwelling District No. 1 (SF -2) and a Two Famr-ly Dwelling District (2F) to a Commercial District (C) on Lots 1, 2, 8, and 9, Block 2, S. J. Wright Addition located on the west side of 16th S. W. between Bonham Street and — Kaufman Street. Mayor Fisher called for proponents to appear, and David Hicks, Route 1, Detroit, Texas, appeared before the Council telling the Council he planned to expand his tire and muffler shop to the east and had purchased the lots for this purpose. Mayor Fisher called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilwoman McDonald, seconded by Councilman Jim Bell authorizing preparation of an ordinance changing the zoning on Lots 1, 2, 8, and 9, Block 2, S. J. Wright Addition to a Commercial District. The motion carried 4 ayes, 0 nays. Mayor Fisher declared the public hearing open on the petition of Richard Powell for a change in zoning from a One Family Dwelling 796 District No. 2 (SF -2) and Specific Use Permit - Plant Nursery to a Combination Planned Development - Commercial District (PD-a.1) and Planned Development Housing District (PD -b) on Lots 9, 9A, 10, 11, 12, and 13, City Block. 259 located on the north side of E. Cherry Street at the intersection of Collegiate Drive. Joe McCollum, Director of Community, Development, was present advising the Council that the Planning and Zoning Commission had tabled action on Mr. Powell's petition due to the fact that he was unable to attend the meeting. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton to continue the public hearing, along with authorization for preparation of an ordinance on the petition of Richard Powell. The motion carried 4 ayes, 0 nays. Mayor Fisher declared the public hearing open on the petition of St. Joseph's Hospital for a change in zoning from a Two Family Dwelling District (2F) to an Office District (0) on Lot 11, Block 1, Central Park Addition located at 860 E. Austin, Street. Mayor Fisher called for proponents to appear, and Lonnie Dear representing St. Joseph's Hospital, appeared saying the Hospital had purchased the house and planned to use it as is for offices for two departments of the hospital. Mayor Fisher called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Jim Bell, seconded by Councilwoman. McDonald for preparation of an ordinance changing the zoning on Lot 11,. `-- Block 1, Central Park Addition to an Office District. The motion carried 4 ayes, 0 nays. _ Councilman John Bell entered the Council Chambers and assumed his seat at the council table. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton approving the Final Plat of Oak Creek Phase IV, subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. A motion was made by Councilman Shelton, seconded by Councilwoman McDonald for approval of the Final Plat of the Jackson Court Site for the Paris Housing Authority subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. A motion was made by Councilman Shelton, seconded by Councilman Jim Bell approving the Revised Master Plat for the Oak Creek Development, subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. A motion was made by Councilman Shelton, seconded by Councilwoman McDonald approving the Preliminary Plat of Oak Creek Phase V subject to 797 the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards, and commissions with minutes of the Paris Lamar County Board of Health, Paris Public Library Advisory Board, Paris Economic Development Corporation Board, and the Planning and Zoning Commission with no action required. Dr. Richard B. Swint, 2510 Stillhouse Road, appeared before the Council advising that the property that he has leased that came from the Rossan Estate, and he proposed trading the City for the land on the north bank of Lake Crook which is within the confines of the City's public land and parks, for approximately 150 of the landfill property on Stillhouse Road. Dr. Swint presented the Council with a map showing that area, and discussed the amount of land in each piece of property. Vicki Horne, 215 33rd S. E. was scheduled to appear before the Council, but did not show. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development - Housing District (PD -b) on Lots 7 and 8, City Block 311 located at 3350 and 3370 Clarksville Street belonging to Gerald Burnsed. City Manager Malone told the Council that this item was tabled at the February 10, 1994 Council meeting, and should the Council wish to consider this matter, a motion was needed to bring this item from the table. A motion was made by Councilman Jim Bell, seconded by Councilman John Bell to bring the above item from the table. The motion carried 5 ayes, 0 nays, Councilman Shelton voting no. A motion was made by Councilman Jim McDonald authorizing preparation of an Lot 7 and 8, City Block 311 to a District. The motion carried 4 ayes, 1 no. ORDINANCE NO. 94 -011 Bell, seconded by Councilwoman ordinance changing the zoning on Planned Development - Housing nay, Councilman Shelton voting AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PLANNED DEVELOPMENT - COMMERCIAL DISTRICT (PD -al) ON LOT 3 AND 3 -A, CITY BLOCK 227 -E, ON PROPERTY BELONGING TO ELLA SUGG, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO FAMILY DWELLING DISTRICT (2F); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton for adoption of the ordinance. The motion carried 5 ayes, 0 nays. 798 ORDINANCE NO. 94 -012 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOT 2 CITY BLOCK 341, ON PROPERTY BELONGING TO HOLLIS R. TOPPING, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A AGRICULTURAL DISTRICT (A); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED was presented. A motion was made by Councilwoman McDonald, seconded by Councilman John Bell for adoption of the ordinance. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 94 -013 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOTS 1, 2, 8, AND 9, BLOCK 2 S. J. WRIGHT ADDITION, ON PROPERTY BELONGING TO DAVID HICKS AND MARTY HICKS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2) AND A TWO FAMILY DWELLING DISTRICT (2F); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED. was presented. A motion was made by Councilwoman McDonald, seconded by Councilman John Bell for adoption of the ordinance. The motion carried 5 ayes, 0 nays. City Attorney Haynes 'presented a Ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) and Specific Use Permit - Plant Nursery to a Combination Planned Development - Commercial District (PD-a.1) and Planned Development - Housing District (PD -b) on Lots 9, 9A, 10, 11, 12, and 13,City Block 259 located on the north side of E. Cherry Street at the intersection of Collegiate Drive. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton to table action on the ordinance. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 94 -014 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A OFFICE DISTRICT (0) ON LOT 11, BLOCK 1, CENTRAL PARK ADDITION, ON PROPERTY BELONGING TO MRS. FRED H. CLEMONS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO FAMILY DWELLING DISTRICT (2F) ; AND DESIGNATING THE BOUNDARIES OF THE OFFICE DISTRICT (0) SO ESTABLISHED was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Jim Bell for adoption of the ordinance. The motion carried 5 ayes, 0 nays. r 99 ORDINANCE NO. 94 -015 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PLANNED DEVELOPMENT - HOUSING DISTRICT (PD -b) ON LOTS 7 AND 8, CITY BLOCK 311, ON PROPERTY BELONGING TO J. M. CHISM AND GERALD BURNSED, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT - HOUSING DISTRICT (PD -b) SO ESTABLISHED was presented. A motion was made by Councilman Jim Bell, seconded by Councilwoman McDonald for adoption of the ordinance. The motion carried 4 ayes, 1 nay, Councilman Shelton voting no. A motion was made by Councilman Jim Bell, seconded by Councilman John Bell to table action on an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Planned Development Housing District (PD -b) on Lots 24, 26, an 27, City Block 312 located at 3375, 3395, and 2425 Clarksville Street. The motion carried 5 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of twelve bullet resistant vests for the Paris Police Department, and the following bids were presented: G. T. Distributors, Inc. $4,198.80 Texas State Distributors, Inc. $3,936.00 City Manager Malone said it was the recommendations of Karl Louis, Chief of Police, to re -bid these items as neither company met specifications. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton to reject all bids. The motion carried 5 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of eight portable radios for the Paris Police Department, and the following bids were presented: Airwaves Communications, Inc. $6,664.00 Inter - County Communications, Inc. $5,899.00 Teletouch Communications $5,495.00 Texapage N. E., Inc. $4,979.92 A motion was made by Councilwoman McDonald, seconded by Councilman Shelton to award the bid to Teletouch Communications in the amount of $5,495.00. The motion carried 5 ayes, 0 nays. City Manager Malone said the next bid item was furnishing and delivery of two instant recall recorders for the Paris Police Department, and it was the recommendation of the Police Chief to not purchase the call Soo r checks because they were able to find a way to use already existing equipment to do the job. A motion was made by Councilman Shelton, seconded by Councilwoman McDonald accept the recommendation of Police Chief Louis. The motion carried 5 ayes, 0 nays. City Manager Malone advised that only one bid was received for furnishing and delivery of one drums /disc brake lathe for use in the Fleet Maintenance Division of the Public Works Department, that being from Ammco Model 4100, in the amount of $ 8,549.10, which meets all specifications and is with in the budgeted amount. A motion was made by Councilman Jim Bell, seconded by Councilman John Bell to award the bid to Ammco Model 4100 in the amount of $8,549.10. The motion carried 5 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of two radar units for the Police Department, and the following bids were presented: Midwest Radar Justom Signals, Inc. $2,790.00 $2,390.00 A motion was made by Councilman Shelton, seconded by Councilwoman McDonald to award the bids to Midwest Radar in the amount of $2,790.00. The motion carried 5 ayes, 0 nays. Resolution No. 94 -017, authorizing and directing the Mayor of the City of Paris, George Fisher to execute a special warranty deed for a portion of the abandoned street closed to the adjacent owner on either side of said abandoned street right of way which lies adjacent to Lots 13, 14, and 14A, City Block 311 to Larry Greb, was presented. A motion was made by Councilman Jim Bell, seconded by Councilman John Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 801 RESOLUTION NO. 94 -017 WHEREAS, the City Council of the City of Paris did heretofore on the 12th day of April, 1993, pass Resolution No. 93 -040, which said Resolution was incorrect and requires correction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Resolution No. 93 -040, be, and the same is hereby amended to read as follows: " WHEREAS, the City Council of the City of Paris did heretofore in Ordinance No. 93 -018 close a portion of the Old Paris - Clarksville Road, beginning at a point in the south right of way line of U.S. Highway No. 271 (Clarksville Street) approximately 109 feet east of the Northwest corner of Lot 9, City Block 311 and proceeding in an easterly direction approximately 1333.18 feet to the east boundary line of Lot 13, City Block 311; and, WHEREAS, it is appropriate that the abandoned and closed street right of way adjacent to Lots 13, 14, and 14A, City Block 311 has no utility except to the adjacent owner and, therefore, the abandoned right of way described in Exhibit A attached hereto, should be conveyed to the adjacent owner in accordance with the laws of the State of Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayoi of the City of Paris, George Fisher, be, and he is hereby authorized to execute a special warranty deed in the form attached hereto as Exhibit A, for a portion of the- abandoned street being closed to the adjacent owner on either side of said abandoned street right of way which lies adjacent to Lots 13, 14 and 14A, City Block 311 to Larry Greb, the real and true owner of the said adjacent lots." PASSED AND ADOPTED this 10th day of March, 1994. G orge Fisher, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney • CORRECTION SPECIAL WARRANTY DEED TIIE STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } That whereas the CITY OF PARIS, PARIS, TEXAS, as grantor did, on or about the 12th day of April, 1993, execute and deliver to LARRY GREB as grantee, for the consideration therein mentioned, a conveyance of the certain lands situated in Lamar County, Texas, and hereinafter more particularly described, which said conveyance was recorded on April 15, 1993, Book 352, Page 196 of the Real Property Records of Lamar County, Texas; and whereas, in said conveyance, by mistake, a portion of the description was omitted; and whereas, to prevent difficulties hereafter, it is expedient to correct said error: NOW, THEREFORE, the CITY OF PARIS, PARIS, a municipal corporation of the County of Lamar, State of Texas, acting by and through its Mayor, George Fisher, duly authorized by Resolution No. -93 -040, for and in consideration of the sum of Ten and No1100 Dollars ($10.00) cash and other good and valuable consideration, to it in hand paid by LARRY GREB the receipt and sufficiency of which is hereby acknowledged; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said LARRY GREB of the County of Lamar, State of Texas, whose mailing address is 2407 Lamar Avenue, Paris, TX 75460 all that certain tract or parcel of land situated in Lamar County, Texas, and described as follows: Being a part of an original public road situated in the Joseph Leach H.R.S. in the City of Paris and known as the old Paris - Clarksville Road. BEGINNING at a point which is South 88 Deg. 55 Min. 35 Sec. East a distance of 599.66 feet from a a point in the south right - of -way line of existing U.S. Hwy. 271 (Clarksville Street) and South 11 Deg. 29 Min. 42 Sec. East a distance of 50 feet from center line survey station 90+30 of said U.S. Hwy. No. 271; said beginning point being in the North right -of -way line of the Old Paris - Clarksville Road; THENCE South 00 Deg. 26 Min. 00 Sec. East a distance of 39.94 feet to a point in the South right -of -way line of the Old Paris - Clarksville Road and in the North Boundary Line of Lot 14, City Block 311; THENCE South 88 Deg. 55 Min. 35 Sec. East a distance of 484.04 feet to the East Boundary Line of Lot 13, City Block 311, passing the East Boundary Line of said Lot 14 at a distance of 183.17 feet; THENCE North 11 Deg. 33 Min. 45 Sec. West a distance of 41.14 feet with the East Boundary Line of said Lot 13 to a point in the North right -of -way line of the Old Paris - Clarksville Road; THENCE North 88 Deg. 55 Min. 35 Sec. West a distance of 476.03 feet to the place of beginning and containing 0.4424 acres of land. LXHIBITh • TO RAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said Larry Greb, his heirs and assigns forever; and it does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all and singular the said premises unto the said LARRY GREB, his heirs and assigns. against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through or under it, but not otherwise. WITNESS its hand at Paris , Texas, this 10th day of March, 1994. CITY OF PARIS, PARIS, TEXAS George Fisher, Mayor ATTEST: Mattie Cunnignham, City Clerk THE STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME„ the undersigned authority, in and for said County, Texas, on this day personally appeared George Fisher, Mayor of the City of Paris known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 10th day of March, A.D., 1994. Notary Public, State of Texas Resolution No. 94 -018, authorizing and directing the Mayor of the City of Paris, George Fisher to execute on behalf of the City of Paris the professional service contract providing for auctioneering services with Monte Moore, Auctioneers, was presented. A motion was made by Councilman John Bell, seconded by Councilwoman McDonald for approval of the resolution. The r..ntion carried 5 ayes, 0 nays. RESOLUTION NO. 94 -018 WHEREAS, the several departments of the City of Paris have furnished the list of personal property, attached 'as Exhibit A to the sales contract attached hereto as Exhibit A, which no longer serves a useful purpose for the City of Paris and its operation, and it would be appropriate that said personal property be declared surplus property; and, WHEREAS, it would be appropriate to dispose of said surplus property by auction duly advertised and conducted by Monte Moore, Auctioneers, Texas Auctioneer License TXS -9579, which firm has heretofore been approved for use by State of Texas agencies, upon the terms and conditions included in the sales contract attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the personal property described in Exhibit A to the sales contract attached hereto as Exhibit A be, and the same is hereby, declared to be surplus property of the City of Paris and the same may be disposed of in accordance with the laws of the State of Texas and the Charter of the City of Paris. BE IT FURTHER RESOLVED that the Mayor of the City of Paris, George Fisher, be, and lie is hereby, authorized and directed on behalf of the City of Paris to execute the professional service contract providing for auctioneering services with Monte Moore, Auctioneers, attached hereto as Exhibit A. PASSED AND ADOPTED on this 10th day of March, 1994. Gedrge risher, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS FORM: T. K. Haynes, City Attorney • 805 MONTE MOORE Auctioneers TEXAS AUCTIONEER LICENSE TXS -9579 Phone 903 - 784 -2557 Paris, Texas 75460 2074 N. Main This sales agreement is entered into by MONTE MOORE, hereinafter referred to as Seller, of Paris, Texas, and CITY OF PARIS, hereinafter referred to as Owner, under the following terms and conditions: Seller agrees to conduct a public auction sale or to otherwise sell the following described property belonging to Owner, trustees, creditors, or secured parties. The auction sale to be conducted at the Fair Ground Coliseum Building, Paris, Texas, beginning on the 16th day of April, 1994. PROPERTY TO BE SOLD Inventory with serial numbers to be furnished Seller upon return of this signed contract. Inventory is attached to this contract. Seller agrees to prepare all advertising advertise and promote the attendance of buyers. advertising in an amount not to exceed $0.00. material and publicity necessary to properly Owner shall bear the cost of such publicity and Owner agrees to pay Seller for The services rendered by Seller a commission of ten percent (10 %) of the total income from all sales made during the period of this contract whether such sales are made at public auction, by private sale or in any other manner. This contract and agreement shall be binding upon the parties for a period of thirty (30) days after the execution thereof. Executed this 10th day of March, 1994. ATTEST: Mattie Cunningham, City Clerk OWNER George Fisher, Mayor SELLER MONTE MOORE, AUCTIONEERS Monte Moore EXHIBIT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. AUCTIQ23 LIST FEBRUARY 1994 Dayton 1/4 HP Grinder Stihl Weedeater UNK Weedeater UNK Weedeater Craftsman 3.5 Push Mower 20" cut Lawnchief 3.5 Push Mower 20" cut Yardman 3.0 Push Mower 20" cut Craftsman 3.5 Edger Craftsman 3.0 Edger Greenmachine 37.4 Yard Blower Homelite Chainsaw McCulloch 2.0 Chainsaw McCulloch 2.0 Chainsaw McCulloch Promac 18" Bar Chainsaw Stihl 009L 12" Bar Chainsaw Stihl 009L Chainsaw (engine only) Stihl Weedeater Green Machine Weedeater Green Machine Weedeater Green Machine Weedeater Green Machine Weedeater (engine only) Green Machine Blower Green Machine Drive Unit Green Machine Drive Unit McCulloch Weedeater 1. Sun 3861/150 Computer (94 meg hard drive, 14" Sun O/S software, Unix 2. Sun 386i/250 Computer (300 meg hard drive, 60 monitor, keyboard, mou; Software) SIN LR -15562 SIN 9XA51 SIN 1G115F951 SIN 0140855 SIN 012190 S1 27814 SIN 210243982 SIN 536871302 SIN 536870542 .SIN 166983 SIN HM1900993 SIN 11- 028388 SIN 217354777 SIN 216200746 SIN 13506279 SIN 449100222 SIN 069560 SIN 068683 SIN 290110287 S 1I4 100100151 SIN 924GO346 color monitor, keyboard, mouse, Software) SIN 823GO084 meg tape backup, 16" color se, Sun OIS software, Unix EXHIBIT s ®s POLICE DEPT. 1. Huffy 26" Bicycle 2. Galaxy 26" Boys 10 Speed Bicycle 3. Western Auto 26" Boys 10 Speed Bicycle 4. Huffy Stalker 26" Boys 10 Speed Bicycle 5. Free Spirit 26" Girls 10 Speed Bicycle 6. Kent BMX 20" Boys Bicycle 7. Swinn 20" Boys Bicycle 8. UNK. 26" Girl Bicycle w/ child seat 9. Huffy 20" Boys Bicycle 10. Raleigh 20" Boys Bicycle 11. Kia 26" Girls Bicycle 12. Murray 20" Boys Bicycle 13. Flying 0 26" Girls Bicycle 14. Mongoose 20" Boys Bicycle 15. Cintro 26" Boys 10 Speed Bicycle 16. Swinn 26" Girls 10 Speed Bicycle 17. Murray 20" Boys Bicycle 18. Free Spirit 26" Boys 10 Speed Bicycle 19. AMF 26" Girls Bicycle 20. Free Spirit 26" Boys 10 Speed Bicycle 21. Tricycle 22. AMF 26" Boys 10 Speed Bicycle 23. Zenital 20" Boys:Bicycle 24. Galaxy 26" Boys 10 Speed Bicycle 25. American 20" Boys Bicycle 26. Flying 0 20" Girls Bicycle 27. UNK 20" Boys Bicycle 28. UNK 10" Childs Bicycle 29. UNK 16" Childs Bicycle 30. Huffy 20" Boys Bicycle 31. Huffy 20" Girls Bicycle 32. GT 20" Girls Bicycle 33. Suntour 20" Girls Bicycle 34. BMT -Tech 20" Boys Bicycle 35. Iverson 26" Girls 10 Speed Bicycle 36. Flying 0 26" Boys 10 Speed Bicycle 37. Vista 26" Boys 10 Speed Bicycle 38. Murray Bicycle (frame only) 39. Murray 26" Boys 10 Speed Bicycle 40. Huffy 26" Boys 10 Speed Bicycle 41. UNK 26" Girls 10 Speed Bicycle 42. UNK 20" Boys Bicycle 43. Murray 20" Boys Bicycle 44. Huffy 26" Boys 12 Speed Bicycle 45. Raleigh 26" Boys 10 Speed Bicycle 46. Huffy 26" Boys 10 Speed Bicycle 47. Murray 26" Boys 10 Speed Bicycle 48. Murray 26" Boys 10 Speed Bicycle 49. UNK 26" Boys 10 Speed Bicycle 50. AMF 26" Boys 10 Speed Bicycle 51. Performer 26" Boys 10 Speed Bicycle 52. Open Road 26" Girls 10 Speed Bicycle 53. Murray 20" Boys Bicycle 54. Free Spirit 26" Girls Bicycle 55. Flying 0 26" Boys 10 Speed Bicycle 56. Murray 26" Girls 12 Speed Bicycle 57. UNK 20" Boys Bicycle , 58. Murray 20" Boys Bicycle 59. UNK 26" Boys 10 Speed Bicycle 60. Ming Scooter 61. Free Spirit 20" Boys 10 Speed Bicycle 62. Huffy 26" Boys 10 Speed Bicycle 63. Huffy 20" Boys Bicycle 64. Murray 20" Boys Bicycle 65. Murray 20" Girls Bicycle 66. BMX 20" Girls Bicycle 67. ProThunder 20" Boys Chrome Bicycle 68. Signature 1000 Boys 10 Speed Bicycle 69. Cool Streak 20" Boys Bicycle 70. Murray 20" Boys Bicycle 71. UNK 20" Boys Chrome Bicycle 72. UNK 20" Girls Bicycle 73. Western Flyer 24" Boys Bicycle 74. Shimano 26" Boys Bicycle 75. Predator 20" Boys Chrome Bicycle 76. Schwinn 26" Boys Bicycle 77. Murray 26" Boys 10 Speed Bicycle 78. Lite Force 26" Womens 12 Speed Bicycle 79. Huffy 20" Boys Bicycle 80. Huffy Racing Bike 81. Murray Boys BMX 82. Ultra 26" Boys 10 Speed Bicycle 83. Votech Computer Printer Cabinet 84. Liberty CRT Screen & Keyboard 85. RCA Modem 86. Cannon Copier 87. Office Chairs (4) 88. DP Dual Track Weight Machine 89. Luma Projection Screen 90. Kodak Carousal Slide Projector 91. Federal Gas Masks (51) 92. Batting Helmets (16) 93. Dictaphone Call Check (2) SIN 8E00373B SIN 1010 SIN EM02856 SIN 538961 808 WAREHOUSE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. Igloo Ice Chest (5) Gott Ice Chest (3) Miscellaneous Ice Chest (27) Saxaphone - Selmer Bundy w /case Pathfinder Amplifier Bantam Rod and Reel Lebco Rod and Reel Wire Cutters (1) Aluminum Weight Hammer Pair of Leather Gloves Extension Cord Black & Decker Jig Saw 8 -Track Cassette Metal Cash Box with Tray Sharp Microwave Miscellaneous Appearal Johnson C.B. Radio Poulan Chainsaw Motor McCullough Mini -Mac 30 Chainsaw Motor McCullough Pro -Mac 60 Chainsaw Motor Sabre Saw (Sears Brand) Homelite Chainsaw Motor` Sylvania Television Philco 19" Black & White Television Sylvania Television General Electric Television General Electric Television HUDT Tool Box w/ Various Tools SIN 140803 SIN 191A076A48754 SIN 3474952 SIN 1017960 SIN 5L4P01174 SIN 5A5000054 Gray Metal Tool Box w/ Various Tools Red Vermont American Tool Box w/ Various Tools Sears Craftsman Grass Catcher Craftsman Tool Box Kennedy Tool Box w/ Various Hand Tools Gray Metal Tool Box w/ Various Hand Tools Tool Box Brown Metal Tool Box Old Band Sound System Curtains Bed Ruffles Electronic Protector 5 -piece Socket Set Fujitsu 10 Speakers (2) GE Handheld Spotlight S-10 45. 46. 47. 48. 49. 50. 51. 52. 53. Plano Tackle Box with Tackle Sharp AM /FM Cassette Sears Car Stereo Delco Car Stereo JVC Car Stereo Mini -Mite Air Compressor Radar Detectors (2) Fujitsu Booster Amp 19" Sylvania Television VEHICLES Resolution No. 94 -019, authorizing the execution of a Building Use Guidelines and Lease Agreement with the Red River Valley Fair Association for the sale by auction of certain property declared to be surplus by the City of Paris, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Jim Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. MAKE /MODEL VIN 1. 1990 Chev 4 dr - Unit #48 1G1BL54E6LR125273 2. 1990 Chev 4 dr - Unit #43 lGlBL54EXLR125227 3. 1990 Chev 4 dr - Unit #44 lGlBL54EZLR125805 4. 1990 Chev 4 dr - Unit #45 lG1BL54E7LR126352 5. 1990 Chev 4 dr - Unit #47 lG1BL54E2LR125383 6. 1978 GMC Pickup - Unit #32 TRL187F530122 8. 1980 Chev Dumptruck - Unit #86 'Cl 6DAAB106876 9. 1981 Ford PU - Unit #156 1PTCF10EZBUA22123 10. 1951 Willis Jeep - Unit #180 31435 11. 1975 Grade -All - Unit #209 30014 12. 1976 GMC Pickup - Unit #69 TCD146F21022 15. 1984 Ford 4 dr - Unit #F -12 1FABP43G8EZ168708 16. 1984 Ford 4 dr - Unit #27 1FABP43GIE2162295 17. 1985 Suburban - Unit #75 1G5EC16H3FF520495 18. 1978 Ford Dumptruck - Unit #118 F60DVBE1861 19. 1983 Ford 4 dr - Unit #20 -A 1FABP43G1L2162216 20. 1984 Olds Firenza - Unit #6 lG3AC69P73K327683 21. 1979 Chev 4 dr - Unit #53 :1L69L95147229 22. 1984 Plymouth 4 dr - Unit #21 1P3B26P9EX545888 23. 1984 Plymouth 4 dr - Unit #277 1P3BB26P7EX540625 24. 1976 Cushman 3- Wheeler - Unit #5 898409 -7610 25. 1981 Suzuki Motorcycle J51GU72G3C2102241 26. 1983 Ford 4 dr - Unit #F -20 1FABP43G7DZ137173 Resolution No. 94 -019, authorizing the execution of a Building Use Guidelines and Lease Agreement with the Red River Valley Fair Association for the sale by auction of certain property declared to be surplus by the City of Paris, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Jim Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 811 RESOLUTION NO. 94 -019 WHEREAS, the City Council of the City of Paris is desirous of using City of Paris fairground property for the purpose of conducting an auction to be held on March 16, 1994; and, WHEREAS, the Coliseum and the grounds between the Livestock Barn and the Coliseum and the parking area which serves the some is the property to be utilized from April 11 through April 16; and, WHEREAS, the City of Paris reserved in its lease with the Red River Valley Fair Association the right to use said fairground property for municipal purposes, and it is appropriate for the City to exercise its right; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, the City of Paris does hereby elect to exercise its right to use that portion of the fairground property being the Coliseum and the grounds between the Livestock Barn and the Coliseum and the parking area which serves the same for the sale beginning April 11, 1994 through April 16, 1994; and, BE IT FURTHER RESOLVED, that Mattie Cunningham, City Clerk of the City of Paris is hereby directed to transmit a copy of this Resolution to Rita Haynes, Red River Valley Fair Association, P. O. Box 964, Paris, Texas 75460. PASSED AND ADOPTED this 10th day of March, 1994. orge fisher, Mayor AI-FEST: Mattie Cunningham. City CIA APPROVED AS O FORM: T. K. Haynes, City Attorney Resolution No. 94 -020, granting permission to the Red River Valley Fair Association for construction of a 40 foot x 100 foot building on the west side of the outdoor stage area on the fairgrounds, was presented. City Attorney Haynes advised the Council that this will authorize them to go forward with their planning for this construction, and they will be back before this body later on for further action that will be necessary to complete the financing on the building to subordinate the landlord's lien that we have on the property that we have since we lease it to the Red River Valley Fair Association. A motion was made by Councilwoman McDonald, seconded by Councilman John Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. a RESOLUTION NO. 94 -020 WHEREAS, the Red River Valley Fair Association has requested permission from the City of Paris to construct a building on the fairground property; and, WHEREAS, the building would be 40 feet wide by 100 feet long in accordance with floor plan attached hereto as Exhibit A, and would be located on the west side of the outdoor stage area on the south side of Center Street, and would be used for exhibits and Fair office during the Fair, including a board meeting room which will hold all of the Fair Association records, and would be available for rental the rest of the year; and WHEREAS, it is deemed to be in the best interest of the citizens of the City of Paris to permit the construction of said building; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the request by the Red River Valley Fair Association to construct a building on the fairgrounds as shown on the proposed floor plan attached hereto as Exhibit A, be, and the same is hereby approved. PASSED AND ADOPTED, this 10th day of March, 1994. Ge ge l`fisher, Mayor ATTEST: Mattie Cunningham, City Cie k APPROVED S TO FORM: T. K. lAaynes, City Attorney Resolution No. 94 -021, ratifying the application to the Governor's Office, Criminal Justice Division, for a Crime Prevention Program Grant /5, to increase the community's ability to prevent crime, to protect citizens from crime, and to offer crime prevention education to the public beginning October 1, 1994 and ending September 30, 1995, was presented. A motion was made by Councilman Shelton, seconded by Councilwoman McDonald for approval of the resolution. The motion carried 5 ayes, 0 nays. 812 rr10 P, Vt- V �: _ �' ,�:,' - � �,:''i»�,� fit, ?r•'4 �'...:,>v�s. •,•' -..; '. � r•�jt, at':`- '4'�t.. • � j' .�;: :� War nt , 'f _�, , .o .. f ..�f'•.':�� a :. .. •L• :• � � '• � � moo- • $�:� �. � � �... •� � a. OA 1' 1 �r 1 t 1 1 '1 1 1, 1 1 •1 i t G. 1 i• L r. 4 1 1 )y 1 5. 1 1 q 1 it 1 • vh � '3 ,•+•�C )! f0� b 1 10 T-7-1 A. ItAbi e- c .fit' EXHIBIT A )! t• I• •, Xr 1 t f t I I • i e- c .fit' EXHIBIT A RESOLUTION NO. 94 -021 WHEREAS, the Office of the Governor of the State of Texas, through its Criminal Justice Division is offering grant assistance in the amount of $9,075.00 for the purpose of crime prevention; and, WHEREAS, the City Council of the City of Paris deems it to be in the best interest of the citizens of Paris to seek such assistance in said project; and, WHEREAS, the Paris Police Department has planned a crime prevention program requiring total funding in the amount of $45,381.00; and, WHEREAS, the City of Paris has available for the Paris Police Department crime prevention program $36,306.00, which combined with the grant assistance available would fund the total crime prevention program; and, WHEREAS, the City Manager of the City of Paris did heretofore execute the application for said Crime Prevention Program /5 Grant on January 28, 1994, which execution should be in all things ratified; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Office of the Governor of the State of Texas, Criminal Justice Division for a Crime Prevention Program /5 grant in the approximate amount of $36,306.00. --- 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby appointed as the Authorized Official of said project and the execution of the application for said grant in the form attached hereto as Exhibit A on the 28th day of January, 1994, is hereby ratified. 3. That Karl Louis, be, and lie is hereby appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and lie is hereby authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of crime prevention. G rge fisher, Mayor ATTEST: Mattie Cunningham, City Cl k APPROVED AS RM: T. K. Haynes, City Attorney 814 815 APPUCITION FOR OTArE OR FEDERAL ASStSTA -4CE OFFICE OF THE GOVERNOR, CAILIINAL JusncF- DIVISION S. AppAeanl lnforna'i" a L09W Nam o: CITY OF PARIS b. Address ( ;.Ss t:-ee' Ze P. O. _°:x.:Jy, Cvu^?: 31619, and:jo coda) P.O. BOX 9037 DARIS, TEXAS 75461 -9037 . 7_A'-',AR COUNTY S. Stele Pavre tyw- i6mat on Number 17= 600063520 0 a. Type of Appbx:+o1: O New C*ntinua:ion O no: :lion if Reunion. e:scJk a p =pr e a bcx(es). U Incmase Awa d rJ Other (soeatyj V Decrous Awa:d _ O Increase DDx-wo:t U De:roase O:rccn 10. CaWbg of Fedora Domestic Assblaneo Number Check One (teob:af finding sxrross only): O 1ti.3t0— Jwsnie Juxic9s votiuk:enc� ?rovrntion J I&M— Victims of Crime A.-i U 16S79—Tazss Nargtim Control Prsprz.'n 0 16.586•• Hi h I.t:e ^s'v Crv^ i raK ^ Pr ra.-1 12. Title of Project: CITY OF PARIS CRIME PREVENTIOW /5 r' 3. a. D6to Subml:n6d i b. Asp &ant IdenbLrr February 28th, 1994; a. a. 06+o ttoc.►wd try Stara CO3 b. Soto Applicailon Identifier r a Orpantsalional Unit d. Name and telephone number of the prrson to be cwn:ataar oa M34 'M I InvoM :t ng this appl'cfe (;)Ye area code). 7. Type o: App:: &It {o^e>a: Zr cpP--r-das k .-s! r. bzr) El 1l S" 4. Indeoondfm s� +ef Dlsrc; B. County _ Sca: o c:4ip!%,Laammp f: uwlidraf J. Pnvatounwerttw J. TC-nLNP an..Tu�o F. Into min'cpal I.L NonpromOrPat►;a nn (L S;►cal0%ar► -t N C:+or (w��Y).. __.... .... 0. Name of Grantor Aaen:y: O:bce o! tfte Gava:nor. Criminal Antico Division P. O. Box 12426 Ays*L-. , Terss 767:1 11. Areas of Project Adivl!44 (COW, Counties. Sass, 6r:.) CITY OF PARIS LA_MAR COUNTY 13. Proposed Project: 11 am Poe-is (421 funds on14 a Check one priodry only: b. Chuck One: Stan Dtla: J I = .`.3n; gate U C. Planning U Law En!a•oornorrTraWng O Jtrvtr�t:e 1-0-01-941 09-31-95 10 vioioni Crime M Drugs 2 t3an„ s )0 Nonivi'sina 1S. Flegrested Fund-n;: 16. Is er, Iicmion subject to reviv* ki�.z =a:s azac_9Ns ordet 12372 proms? a Federal Grand j S .00 Fut6s (CJD) 11 YES, this abP kaWn was made avapa.' le to the Texas Review and Comment __. System (TFtACS) bi Iavfew on b. Stain Grant FEBRUARY 28, 1994 Funds (CJJ)._. s »........ 9,075 — .f>o (date) O NO, O Program b no; =vorod by 0.123:2 e. Cash Match S 36,306 .00 U Program has not boon *ofs_fed by date Io► review (L In -fend 1 S 00 (VOCA Ony) I 1 i. L the a:plian' dolhWon4 on any tedorrJ dabs? _ =--- ...................... ;... .............._........._.. =-- I a. TOTAL i DO O YES It 'Yee' anaclt an expiarwImm NO 45 I ,381 t 1!. Toth* boat of my Ikno i"o and boW. aL aata in this apgYcslbn is Vvo and corroct. The ooCUmant has been duly authon:od by the govaming body of tha amlicanl and the aoohank will comply wAh the anaehod 9"unvices 104 a"hdanoe h awarded. a Typed Name of A;rthorltod Of6clat ) D. TIW C. Telephone Numt»r i i MICHAEL E. MALOi:E CITY MANAGER ( 903) 785_3— y d. Signature of Atthomoa Official e. DNa Spnhd EXHIBIT A ! 01 -28 -94 816 • • • VJV'G CONTINUATION PAGE This section must Include a brief description (not exceeding 200 words) of the proposed project. ^r continuation, If necessary, of any Item on application page CJD -1: Identify by number the Item w_.ing continued. This sheet may also be used for any other remarks, at the applicant's option. 80 PROJECT APPROVAL INFORMATION WU -3 Cj oe1 his assistance request require state, local. Name of Governing Body ARK -TEX COUNCIL OF GC regional, or other priority rating? Priority Rating 5tj Yes U No ite rn. Does this assistance request require state, or local advisory, educational, or health clearance? b Yes O No Name of Agency or Board ARK -TEX COUNCIL OF GOV (Attach Documentation) L__, Does this assistance request require TRACS review? (Attach Comments) K1 Yes 0 No Item 4• Does this assistance request require state, local, Nameoffinprovingfigency Aztc-T�.x COUNCIL o: C regional, or ether planning approval? Date _ Q Yes U- No Is the proposed project covered by an approved Check One: 'ti{1 State comprehensive plan? e O Local M Yes 0 No ® Regional Location of Plan _ HAM Will the assistance requested serve a federal Name of Federal Installa5on installation? Federal Population Benefiting from Project O Yes No ` Item 7. Will the assistance required be on federal land or Name of Federal Installation installation? Location of Federal Land Cl Yes] No Percent of Project Item % Will the assistance requested have an impact or See instructions for additional information to be effect on the environment? provided. O Yes ;�l No Item 9. Will the assistance requested cause the displace- ment of individuals, families, businesses or farms? Number of: individuals U Yes O No Families Businesses - r=arms Item 10. Is there other related assistance on this project See instructions for additional information to be previous, pending, or anticipated? provided. Yes O No PREVIOUS $51,311.00 EXISTING $44,849.00 Item 11. See instructions for additional information to be Is the project in a designated flood hazard area? provided. U Yes 6 No 0 • • U -4 BUDGET INFORMATION ` Section A— Budget Summary Enter separately each source of mstching funds and the amounts. Total rrxrst agree wtth Line 10. Colunn 2 above and line 15 c. on os :e C:D- Source • (1) (2) (3) (a) " : Budget Categories CJD /Federal GENERAL FUND - • u RAR Funds Cash Match' 1;1 -Kind hatch I Total t l II II I I I I) 1. A. Personnel (Salaries) $ 9,075.00 S 19,251-00 ']1:} -`` '.- ' 28, 326.00 2. A. Personnel (Fringe Benefits) 0.00 9,075.00 9101 3.00 9. s. Contractual 4. c. Travel s D. Equipment 0.00 3,750.00 % y "�`-"% �% 3,750.00 ,.��'„ �! l ✓,�... ..fit .. "I.:. ' %C;f• /: /t Y%� f• %T M! ' %/,' fi'N;'lY. - 4/.�•ri,:A7w NC.!I��--/� ;• <Jl.''.ylTYair �,1 ''fY9.'iY��S'ti. /`; .... vim:: fw..•�.. '.:• o- ^": s..t 7 /- Y"•._. •.'.f..:.f� %� .;.f;. :.. -.; -... I •.yv:.'.:Y di W:�1:i .. :i'��! :'i. ��tix`�^+. , •; -. ss�: 6. Reserved for Future Use Ms,�...�.. ; . .: III v�4n✓ Li: } ��'.✓};'w . /r S. ^ -i 'lilts SS 7. F. Supplies & Direct Operating Expenses 0.00 4248.00 :�y;`r�`�-^-�%� 4248.00 �;:. , e Total Direct Charges G Indirect Costs / 'Hw Totals $ I ffiklf r•,,.r i? � %" S 10 9, 075.00 36, 306.00 � -�•�1i f / 4 5,381-00 r Program Income Section B --Cash Match Enter separately each source of mstching funds and the amounts. Total rrxrst agree wtth Line 10. Colunn 2 above and line 15 c. on os :e C:D- Source Amount I Source Arnount Program Income (envy must o! =rnotleo, GENERAL FUND - 36 306.00 I RAR l II II I I I) Office of the Governor Criminal Justice Division SCHEDULE A ` PERSONNEL � 1 iiirn� C- el�rinn Gju -5 2. Fringe Benefits % or $ Rate Title or Position' % of Time' CJD;Federai Funds Cash Batty i TOTAL' (A) CRIME PREVENTION OFFICER 100% IS 9,075.00 S 19,251.00 $ 28,326.00 2,335000 Insurance per month Other (Explain) workers comp. ® 2'50 @5. 40S 0.00 0.00 3,000.00 1,532.00 P (Q) (E) TOTAL Fringe Benefits $ 0.00 S 9,057.00 (F) (G) TOTAL PERSONNEL BUDGET $ 9,057.00 $ 28,3 S 37, 383.00 (J)" (K) (L) Overtime TOTAL Direct Salaries S 9,075.00 $ 19, 251.00 $ 28, 326.00 2. Fringe Benefits ' Include only one position per line. Attech a doscrlptlon of tho dutlaa or rosponsibllitles of Path position. = Express es a percent of total time. (40 hours per week) Should retied employee's gross salary attributable to the pro)ed. % or $ Rate FICA 7.65% $ 0.00 $ 2 190.00 2,190 n Retirement C' 8.16 0.00 2,335.00 2,335000 Insurance per month Other (Explain) workers comp. ® 2'50 @5. 40S 0.00 0.00 3,000.00 1,532.00 ( 3,000.00 1,532.00 TOTAL Fringe Benefits $ 0.00 S 9,057.00 $ 9,057.00 TOTAL PERSONNEL BUDGET $ 9,057.00 $ 28,3 S 37, 383.00 ' Include only one position per line. Attech a doscrlptlon of tho dutlaa or rosponsibllitles of Path position. = Express es a percent of total time. (40 hours per week) Should retied employee's gross salary attributable to the pro)ed. I.JU -o Office of the Governor Criminal Justice Division SCHEDULE B •:9 •.rim ► 01019WO W.-I" W.-II&I • REQUIRED NARRATIVE: Briefly describe any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, evaluators, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. (>> (2) (3) Description of Service CJD /Federal Funds Cash Match TOTAL (A) c g S (C) I (D) I " (7 (F) t I (G) I DTAL PROFESSIONAL AND CONTRACTUAL SERVICES S $ $ REQUIRED NARRATIVE: Briefly describe any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, evaluators, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. 821 OTTtce OT Tne Governor Uuu-I Criminal Justice Division SCHEDULE C TRAYFL 1. Local Travel 2. In-State Travel (Specify clearly and use continuation pages if necessary) Purpose Destination (2) (3). Title or Position Miles Traveled Annually/ $Rate CJD /Federal Funds Cash Match TOTAL (A) $ f S S (B) 1 f( i (C) OUT -0F -STATE TOTAL S S $ (D) IN-STATE TRAVEL TOTAL $ $ $ (E) (F) (G) , (H) LOCAL TRAVEL TOTAL S $ $ 2. In-State Travel (Specify clearly and use continuation pages if necessary) Purpose Destination CJD /Federal Funds Cash Match TOTAL $ $ iS f( i OUT -0F -STATE TOTAL S S $ IN-STATE TRAVEL TOTAL $ $ $ 3. Out -of -State Travel (Specify clearly and use continuation pages if necessary) Purpose Destination CJD /Federal Funds Qajh Match TOTAL S S S f( i OUT -0F -STATE TOTAL S S $ TOTAL TRAVEL BUDGET $ S $ 822 • Off lee of the Governor Criminal Justice Division SCHEDULE C (Continued) EQUIRED NARRATIVE: Briefly describe the applicant's travel policy (i.e. mileage rates and per diem rates). Specify purposes for each item of travel. Break out costs of each in -state and each out -of -state trip to separately show the specific costs of transportation and of per diem. r 0 r . DOTE: If personally owned vehicles are to be used, transportation costs should be shown on Schedule C; if agency or laased vehicles are to be used, the vehicle operatiorMaintenance cos!s should be shown on Schedule F, "Supplies and Direct Operating Expenses." Tuition for training oourses should be listed as supplies in Schedule F. 823 Otfice of the Governor Criminal Justice Division SCHEDULE D EQUIPMENI PU H Schedule E Is currently applicable to regional juvenile detention facilities only. Contact CJD for details regarding these construction projects. (1) (2 ) (3 ) . Equipment Name or Description and Quantity Do Not List Brand Names : CJD,'Federal Funds Cash Match I TOTAL i _ (A) ELECTRIC SPIRAL BINDER Is 0.00 S 700.00 I 700.00 (S) OVERHEAD PR._;Z-7CT0 t 0.00 5-oo. cc 500.010 (C)PROJECTOR STAND 0.00 ' 175.00 175.00 (D)TELEVISICN STAND ! 0.00 125.00 I 125.00 (E)PROJECTION SCREEN 0.00 250.00 250.00 (F) COMPUTER SOFTWARE 0.00 2,000.00 2,000.00 (G) (H) W) (K) (L) (M) (N) (0) (P) (Q) TOTAL EQUIPMENT PURCHASES $ 0.00 $ 3,750.00 1$ 3,750.00 EQUIRED NARRATIVE: Describe the basis for arriving at the cost of each line item. All of the above item cost were obtained from a local office supply that handles all office supplies as well as a computer dealer and service center. The name of the business is A -1 Office Supply. SCHEDULE E Schedule E Is currently applicable to regional juvenile detention facilities only. Contact CJD for details regarding these construction projects. 824 Vw- Office of the Governor Criminal Justice Division SCHEDULE F ' SUPPLIES AND DIRECT OPERATING GEX_P_ NSFS REQUIRED NARRATIVE: Describe the basis for arriving at the cost of each line item. All of the above cost was obtained from historical data. Directly Charged Supplies and Other Operating Expenses CJD!Federal , Funds I ^� I Cash Match TOTAL (A)COLORING BOOKS, STICKERS, ETC._ I$ 0.00 ($ 2848.0 $ 28A8.nn (S)OFFICE SUPPLIES & POSTAGE 0.00 250.00 1 250.00 (C)TRAVEL 0.00 630.00 630.00 (D) H-EulbiRATION FOR SCHOOLS 0.00 520.00 520.00 (E) (F) (G) (H) I TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES $ 0.00 S 4248,00 S 4248.00 REQUIRED NARRATIVE: Describe the basis for arriving at the cost of each line item. All of the above cost was obtained from historical data. 825 c;.lu• l 1 Office of the Governor Criminal Justice Division SCHEDULE G INag EGT G m (2) 4 (3) Indirect Costs CJD; Federal Cash Match , TOTAL Indirect Costs Per Approved Cost Moca Von Plan $ $ I $ Indirect Costs Per CJD Computation Table Is S REQUIRED NARRATIVE: if Method (A) is used, specify the rate and attach a copy of the document by which the current cost allocation plan was approved. NOTE: Indirect Costs are authorized In an amount not to exceed the computation table In the CJD Financial and Adminlstrative Requlremants section of the grant application ktt, or as authorizod per the applicant's cost allocation plan. 82G� Program Narrative i Problem Statement (See Instructions on pages 13a and 13b.) " Beginning in the spring of 1991, The City of Paris began to experience some gang related activity. As a result of all of this, all aspects of our 'local crime rate began to escalate rapidly. Some of the violent crimes have been directly related to the gang activity as well as the increase in the other areas of crime such as the thefts and burglaries. All of this also ties into the drug traffic than is largely lead by the gangs. Therefore, the victims of these crimes and the citizens of our community are continually at a higher risk of injury and have becomie exlremneiv concerned and fearful of the growing possibility of becoming a victim of a violent crime in their own homes. The areas of which this crime. prevention grant will apply are in the City of Paris as well as throughout Lamar County. The crime prevention at the Paris Police Department is the only one that serves this area. We also get request to serve communities in Red River County as well. Red River and Lamar Counties are directly between Texarkana to the east and the Sherman /Denison area to the west. Both counties border Oklahoma. This fact alone has caused our community some problems in that Hugo and Idabel Oklahoma have an even worse gang problem than we do in Paris. lie have been able to document some problems from the overflow from gangs in those areas into our area. There are several other programs that the city of Paris has C unitted to in order to address these problem areas. The Police 2letic League of Paris is one that provides an alternative to young people that roam the streets by providing individual sport activities. We are also into our third year of a D.A.R.E. program. T e s *al b sco t xolores no wi ur department. riiisortcats8aa (fee Insrrucions on pacfes f'3a ar'1�3b`� _ In 1991, the crime rate rose a staggering 22.2 %. There was an increase of 742 class I crimes.. In 1992, the crime rate dropped 17.4%. with the aid of this crime prevention grant. There was a decrease of 713 class I crimes. That crime rate put on the roar back to a crime rate in 1990. In 1993, the crime rate in the City of Paris rose.a moderate 0.8 %. There was an increase of only -26 class I crimes. I believe that these figures that the crime prevention program in our department is a very successful program. With the support of this last year of eligible funding, the city will have had the opportunity to complete it's five year plan. LUse continuation page(s) as necessary for any section. 827 CJU: 1:3 �. Proposed Project Activitles (Sea Instructions on pages 13a and 13b.) Since this is our fifth and final crime Prevention crant, we feel as though we have a good idea of the types of programs that work in our community. It is our continued goal to to increase our communities ability to prevent crime. To continue to educate the citizens of Paris and Lamar County. to be able to protect themselves from crime and to advocate those students in crime prevention. By continuing to do this, our community will continue to unite and work together to fight crime. There are over 45,000 people in the Paris /Lamar County area. The continued education of these people to _:rotect themselves will enable the crime rate to lower. The lone crime'orevention officer for the city of Pars and Lamar County is a dertified crime prevention practitioner as well as a home and commercial security inspector. He has almost ten years of law enforcement experience with almost five of those years in crime prevention. He is also the local crime steppers coordinator as well as the public information officer. By being in these positions, the public has learned to know and trust him and therefore do not hesitate to call him with a problem or to ask for a crime prevention service. There are no other law enforcement agencies in this area that have a crime prevention program. Therefore, we have many request to do programs outside the city limits of Paris. The programs that we use in our unit are not new. However, the programs that we do have have been very successful. Neighborhood crime watch programs have been established in all different types of areas in the city and county. These areas range from the most elegant neighborhoods to the'low income projects. The Paris Police Department holds annual in service training which includes culture awareness training. We 'realize that all facets of the community need this type of information and the better that we understand the different cultures, the better we can serve the whole community. 4. Proposed .Evaluation Design (See Instructions on pages 13a and 13b.) The crime prevention officer keeps records as to how many programs that are done for the public. Not only how many, but what types, how many people were presented to, the number of crime prevention hand out materials were distributed, as well as the geographic area. In addition to these records, the city police department keeps very detailed records as to the trends in the types of crimes as we_11 as the actual crime rate from month to month and year to year. The City of Paris is dedicated to having a crime prevention unit. This is the fifth of a five year program. Without the assistance that this grant has provided, the citizens of Paris would certainly not have had the benefits that we have been able to provide for them. The crime rate has gone down and stabilized in this community and many people have been saved from being the victim oT a crime thanks to the training that this department has been able to provide. Thank you for your assistance on this last grant and for the past four years. M CJD -15 DESIGNATION OF GRANT OFFICIALS CJD rules require that three persons be designated to the positions of Authorized Official, Project Director, .=d Financial Officer for the purposes of administering a grant. The Project Director and the Financial dicer may not be the same person but, under extenuating circumstances one person may otherwise fill ,o positions. in accordance with the criteria and definition of responsi titles set forth in the Financial and Administrative Requirements section of the WD Grant Application and Administration Guidelines governing "submission of this application, the following designations are made: APPLICANT: rTTV nP DARTS PROJECT TITLE: CRIME PREVENTION /5 Mr. Ids. KARL LOUIS Project Director (Type or Print) CHIEF OF POLICE Title and Agency 811-BONHAM ST. 86siness Address (Street or P. 0. Box) City PARIS, TEXAS 75460 Tip (903) 784 -6688 Telephone Number Mr. jtLr ANprAsnki Financial Officer (Type or Print) _CITY OF PARIS FINANCIAL DIRECTOR Title and Agency P.O. BOX 9037 Business Address (Street or P. O. Box) PARIS. TEXAS 75461 -9037 City zip _ (9 0 3) 785-7511 Telephone Number Mr. M.4X MICHAEL E. MALONE Authorized Official (Type or Print) CITY MANAGER PARIS. TEXAS Tale and Agency - -P.O. BOX 9037 Business Address (Street or P. O. Boz) PARIS, TEXAS 75461 -9037 City Zip (903) 785 -7511 Telephone Number Resolution No. 94 -022, authorizing the application to be made to the Office of the Governor of the State of Texas, Criminal Justice Division for a Crime Prevention Program /5 grant in the approximate amount of $36,306.00, was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton for approval of the resolution. The motion carried 5 ayes, 0 nays. RESOLUTION NO. 94 -021 WHEREAS, under the provisions of the Anti -Drug Abuse Act of 1988 (Public Law 100 -690), Texas will receive federal funds to provide funding for the Texas Narcotics Control Program (TNCP), Regional Controlled Substance Apprehension Program, and the Criminal Justice Division, Office of the Governor has been designated to administer the program in the form of grants to units of government; and, WHEREAS, the City Council of the City of Paris deems it to be in the best interest of the citizens of Paris to seek such assistance which will focus on drug law enforcement; and, WHEREAS, if such application for grant assistance is approved, the project is to be funded by 75 % federal funds totaling $351,515.00, and 25 % local matching funds totaling $117,172.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Narcotics Control Program, Office of the Governor, Criminal Justice Division for A Texas Narcotics Control Program, Regional Controlled Substance Apprehension Program, and if such application for grant assistance is approved, the project is to be funded by 75% federal funds totaling $351,515.00 and 25% local matching funds totaling $117,172.00. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in tiie form attached hereto as Exhibit A. 3. That Karl Louis, Chief, Paris Police Department, be, and he is hereby appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris ail reports, communications, assurances, contracts and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, aid he is hereby authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of said project. PASSED AND ADOPTED this 10th day of March, 1994. Ge6rge Fisher, Mayor ATTEST: Mattie Cunningham, City Cie APPROVED. AS 30 FORM: T. K. I-layncs, ,City Attorney APPLICATION FOR STATE OR FEDERAL ASSISTANCE �- s cio -1 OFFICE OF THE GOVERNOR, CRIMINAL .JUSTICE DIVISION _� r F /'e ��{{����yy :; a> �; uy::•;;: ryh:_}•:>, vr,: zxvs>;:>::>:<: 3•:: ss•: :. } :•xHa : ::; <zsr�;r:�;;; :s;�x >; „�•�;.• �•: x� ><• '$�rh. } :�;��- :�afss��:a`:i�:«:� ::�.,� ii ;{f fy}4 x'•:i ;'i,: •. '•:a.Y C+o'x ;''.nd' :?�•.,`i' •':�3iY�.':i• Y�: `i..'v "'.3,?-•�- '. 3. a Date Submitted - - — b. Applicant Identifier .:Fitz,Y '?;�R -..• >n..•1�`'•''Y `ic n,9•'4: r'v:..,:::::. 2�'i .i /*ti'i', ..,; i sb � iS.:Y <:. k'.t.:.. ' �a<'sr :, :� :.2s:• > :e��?;va :;�s.: . > : >..2s� :k :... • s. v,�r?�.�.,.,•. } :<: w�' > : :.'�.. :� ,:. r ." � "�., �<�r~}.•�� »�:s��: March 15, 1994 4. a. Date Received b State/COG Y b. State lication Identifier APP �.'��5.,15'. Applicant Into rmadon a. Legal Name: c. Organizational Unit City of Paris Police Department b. Address (give street or P. O. Box, city, state, and zip code) d. Name, telephone, and tax number of the person to be contacted P.O. Box 9037 concerning this application (give area code). Paris, Lamar County, TX 75461 -9037 W. E. Anderson (903) 785 -7511 Ext. 241 6. State Payee Identification Number 7. Type of Applicant (enter the appropriata lever in box) C A. State H. Independent SCrod Dstrict 1- 7560006359000 8. County 1. State controlled tnsdW ton of Higher Learning C. munidpal J. Private University D. Township K Indian Tribe 8. Type of Application: O New 3 Continuation E. Interstate L. Individual F. Inteanunicipal M. Nonprom Organization G. Special District N. Other (spedty):. If continuation, enter year of funding 94 -95 9, Name of Grantor Agency: 9 cY: Office of the Governor, Criminal Justice - Division P. O. Box 12428 10. If Application for Federal Funds: Austin, Texas 78711 Check Catalog of Federal Domestic Assistance Number: (only one) • 16.540 — Juvenile Justice d Delinquency Prevention Act 11. Geographic Areas of Project Activities. (Cities and Coundes) • 16.575 — Victims of Crime Act City of Paris Red River County et 16.579 —Texas Narcotics Control Program City of Bonham Fannin County O 16.580—High Intensity Drug Trafficking Program Lamar County 12. Title of Project 13. Proposed Project Regional Controlled Substance a Start Date: b. Ending Date: Apprehension Program _ 06/01/94 05/31/95 14. If Application for State Funds: ». »... » »... »..... »_ »».».»... . »........_............ »..... ». ..... .............................................. ».»»..............»...... ................_.......... »..» _ ».... _ . »._ ._ »..._ »._ ».... a. Check appropriate fund: (only one) b. 11 421 Fund, check priority: (only one) C. Cheek One: XX421 Fund f • Crime Stoppers Assistance Fund O C.J. Planning O Law Enforcement Training O Juvenile • Other Fund O Violent Crime '8 Drugs O Gangs O Victims M Non - juvenile 15. Requested Funding: 16. Is application subject to review by state executive order 12372 process? a- Federal Grant is s 351,515 .00 Funds (CJD) ® YES, this application was provided to the Texas Review and Comment System ........_.._......- ............ ». _ _. »»»» (TRACS) for review on b. State Grant $ ,pp March 15, 1484 Funds (CJD) (date) O Program is not covered by E. O. 12372 c. Cash Match ft $ 117,172 .00 .................».»............. t............. ............................. ». .... »..». ».. »...».. O Program has not been selected by state for review d. In-Kind S ,00 17. Is the applicant delinquent on any federal debt? (VOCA Only) ! ................. » ............... e. TOTAL ..................................................... __.........._ ` S 468,687 -00 O YES If 'Yes' attach an explanation iii NO 18. To the best of my knowledge and belief, afi data In this application is true and conecL The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a. Typed Name of Authorized Official b. Tide c. Telephone Number MICHAEL E. MALONE CITY MANAGER 03 d. Signature of Authorized Officiiall e. Date Signed 94— 831 Funding received through the Texas Narcotics Control Program will finance the Regional Controlled Substance Apprehension Program, a multi- county /multi- jurisdictional narcotics task force. Project personnel includes a commander, secretary, prosecuting attorney, and five (5) agents. Besides funding these eight (8) positions, grant monies will be used to pay for evidence purchased by undercover narcotics officers and confidential informants; and for confidential investigative expenses related to the payment of services and specific information. Additional grant monies will finance necessary travel and training expenses, reliable transportation and fuel costs, office rental and supplies, and communication costs. The project will work closely with other federal, state and local law enforcement agencies in an effort to help remove illegal drugs and drug traffickers from the streets. The participating counties and cities each provide an officer to be used full -time by the task force. These agents will work either in an undercover capacity to help identify, target and apprehend drug dealers through drug purchases and open investigations; or work as part of the community policing /drug interdiction team. The attorney funded by the project will handle all civil forfeitures on assets seized by the task force and prosecute, at the trial level, the task force cases made in the participating counties. N 832 CJD-3 BUDGET INFORMATION Section A— Budget Summary L S Amount Source Amount PROGRAM INCOME $117,172 h LOCAL ENTITIES f�) (2) (3) (4) n e Budget Categories e CJD Funds Cash Match In -Kind Match Total e (For VOCA Use Only) Personnel (Salaries) $ 168,840 $ 56,280 $ $ 225,120 2. A. Personnel (Fringe Benefits) 51,684 17,228 68,912 3. e. Contractual 0 4. C. Travel 11,325 3,775 15,100 s. D. Equipment 0 6. E. Reserved for Future Use . 0 7. F. Supplies & Direct Operating Expenses 119,666 39,889 159,555 8. Total Direct Charges (Sum of 1•7) 351,515 117,172 468,687 –'. G. Indirect Costs 0 10. Totals $ 351;515 $ 117,172 $ $468i687 (Sum cf ?.9) 11. Program Income $117,172 Section B—Cash Match' Enter separately each source of matching funds and the amounts. Total must agree with Line 10, Column 2 above. Section C— Program Income Total must agree with Line 11. Column 4 above. Source Amount Source Amount PROGRAM INCOME $117,172 LOCAL ENTITIES Applicant must disclose the source of cash match if any. *ALL OF THE LOCAL ENTITIES HAVE AGREED TO FUND ANY SHORTFALL IN ANTICIPATED PROGRAM INCOME NECESSARY TO MEET THE CASH MATCH REQUIREMENTS. 833 i I Office of the Governor Criminal Justice Division SCHEDULE A PERSONNEL SEE ATTAC® SCHEDULES Al THROUGH A5 FOR DETAILS 1. Direct Salaries Title or Position' of Time= (A) (B) (C) (D) (E) (F) (G) (H) TOTAL Direct Salaries 2. Fringe Benefits CJD-4 (1) CJD Funds (2) (3) Cash Match TOTAL' $ 168,837 $ 56,283 $ 225,120 ' Include only one position per line. Attach a description of the duties or responsibilities of each position. 2 Express as a percent of total time. (40 hours per week) ' Should reflect employee's gross salary attributable to the project. If applying for continuation funding, justify any salary increase that is more than five percent over the previous year. 834 NARCOTICS OFFICERS Serve in the field as undercover task force members to investigate, procure evidence and information regarding drug trafficking, production or processing, and to assist in the apprehension of those illegally producing, possessing, or transferring controlled substances. Additionally, some of the officers will be assigned to the community policing /drug interdiction team to provide a police presence in high drug trafficking areas where there is little or no law enforcement. It is hoped that this presence, together with interdiction tactics, will deter, prevent, or intervene such trafficking in targeted high crime areas. Narcotics officers report directly to the Field Commander who interprets and implements directives of the Task Force Commander. Each officer is able to work in any and all segments of the Tesk Force's multijurisdictional region under the direction of the Field Commander and Task Force Commander. FIELD COMMANDER The Field Commander serves as a liason between the Task Force Commander and Narcotics Officers in the implementation of the above described duties and responisibilities. He oversees the day -to -day operations in the field and is responsible for distribution of and accountability for confidential funds, as procured through adn with the approval of the Task Force Commander. He is responsible for insuring that proper documentation and filing procedures are carried out by each officer. He receives evidence from officers and oversees the chain of custody and verification process, along with the appropriate documentation. Also, he consults with prosecuting attorneys on a regular basis to insure that cases are expeditiously handled. TASK FORCE COMMANDER The Commander directs and coordinates activities of Task Force members (through the Field Commander and directly, when necessary) to execute the above - mentioned responsibilities; he interprets priorities as directed by the Criminal Justice Division. The Commander reports to and coordinates activities with heads of all participating agencies, as well as applicable state and federal agencies and other task forces throughout the state. He is responsible for submission of all reporting instruments as required by the CJD of the Governor's Office, and is ultimately accountable for all CJD and other funds expended. He maintains all criminal case files, financial files and intelligence files for the project and assures the safety and confidentiality of each. SECRETARY The secretary will assist in case preparation for both the agents and the special prosecutor. Aside from regular secretarial duties such as answering the phone, typing reports, taking and relaying messages, the secretary will help maintain statistics, schedule court dates, maintain personnel records and payroll records, help draft subpoenas, indictments, complaints, and asset forfeiture suits. SPECIAL PROSECUTOR The proscutor for the project will handle all civil forfeitures on all assets seized by the task force and prosecute, at the trial level, all criminal, felony cases made by the task force in its member counties. The prosecutor will assist and render legal advise to the task force and other law enforcement agencies as necessary during the course of drug- related criminal investigaions. He will assist in drafting search warrants, complaints, and indictments related to task force cases. v 835 PEP -CMM - PARIS 1. Direct Salaries TITLE OR POSITION $ OF TIM TO CJ REQUEST IACAL CASH SOIL THIS PR3JBCP OCHIRIBUTION a• Secretary 100 16,530 51510 22,040 b, Officer 100 30,000 10,000 40,000 C. Officer 100 211,157 7,053 28,210 d� Cost of Living 13 1,128 4,510 5% max 3�39z Total Direct Salaries 71,069 23,691 94,760 2. Fringe Benefits TTITE OR POSITION % OR DOLLAR CJ REQUEST VOCAL CASH TOTAL RAZE CONIRIBUPION FICA 7.65% 51437 1,813 7,250 Retirement 8.16% 5,799 1,933 7,732 Hospital Ins. $275/mo 7,425 2,475 9,900 workers Ccap. 5.41/$100 31844 1,282 5,126 Unemployment Ins. 1.0% 711 237 948 . Total Fringe Benefits 23,216 7,740 30,956 '�«��� g'+ BUDGET 94,285 31,431 125,716 836 «:IVDO) EP-RUM, - LAMR COUNTY 1. Direct Salaries TITLE OR POSITION OF TIM 70 CJ RETEST LOCAL CASH TOTAL THIS PRATRC.T CONIRIBUTIM a. Special Prosecutor 100 33,750 11,250 45,000 b. Officer 100 15,633 5,212 20,845 C. Cost of Living 2,469 823 3,292 5% max Total Direct Salaries 51,852 17,285 69,137 2. Fringe Benefits TITLE OR POSITION % OR DOLIAR W REQUEST IWAL CASH TOM RATE CCRTRIBUTION FICA 7.65% 31,966 11323 5,289 Retirement 7.00% 3,630 1,210 4,840 Hospital Ins. $250 /mo 2,250 750 3,000 Workers Ccm. 7.03/$100 3,645 11,215 4,860 Uneuplayment Ins. .83% 430 144 574 Total Fringe Benefits 13,921 4,642 18,563 TOTAL PERSONNM BUDGET 65,773 21,927 87, 700 tCai�SON ML - RED RIVER COUNTY j 1. Direct Salaries TITLE OR POSITION % OF TIME TO W RDQUE.S'T VOCAL CASH TOTAL THIS PFD= TIZON a. Officer 100 13,924 41?641 18,565 j C. Cost of Living 696 232 928 5% max Total Direct Salaries I 14,620 4,873 19,493 2. Fringe Benefits i '- TITIE OR POSITION % OR DOLLAR Cal REQUEST IOM CASH TOTAL rRATE OOTI'ION FICA 7.65% 1,119 373 1,492 Retirement 7.00% 1,023 342 1,365 Hospital Ins. $60 /mc 540 180 720 f Workers Ccup. 10.55/$100 1,392 465 11857 Uneoployment Ins. 1.40% 205 68 273. Total Fringe Benefits I i 4,279 1,428 5,707 i TOTAL PERSONNEL BUDGET 18,899 6,301 25,200 ___. P 30IimEL - FANNIN COUNTY 1. Direct Salaries TITLE OR POSITION $ OF TIME TO CJ MQUEST VOCAL CASH TOTAL THIS PROJECT CO%TIRIBmcN a. Officer 100 13,511 4,504 18,015 c Cost Of Living 675 225 900 • 5% max Total Direct Salaries 2. Fringe Benefits TITLE OR POSITION % OR DOLTAR FICA 7.65% Retireaent 7.00% Hospital ins. $320 /zm Workers Cc p. 6.00/$100: Unmployment Ins. 1.0% Total Fringe Benefits 14,186 4,729 18,915 ar. J:�Z14' 20,136 6,715 26,851 A :� • OONIRRIBU'I•ION 1,085 362 1,447 993 332 1,325 2,880 960 3,840 851 284 1,135 141 48 189 5,950 11986 7,936 20,136 6,715 26,851 A :� • s SONNEL - CITY OF BONHAM 1. Direct Salaries TIT7,E OR POSI'T'ION $ OF TIME TO W REQUEST LOCAL CASH TOTAL THIS PROJBCP COUIRIBEMON a. Officer 100 16,297 5,433 21,730 C. Cost of Living 813 272 1,085 5% max Total Direct Salaries 17,110 5,705 22,815 TITLE OR POSITION % OR DOLLAR 21,421 7,144 28,565 R= FICA 7.65% Retirement 2.55% Hospital Ins. $100 /mo Workers Ccup. 9.25/$100 Unenploymet Ins. .5% Total Fringe Benefits 21,421 7,144 28,565 CODTT I=ON 1,308 437 1,745 435 145 580 900 300 1,200 1.582 528 2,110 86 29 115 4,311 1,439 5,750 21,421 7,144 28,565 840 CJD -5 Office of the Governor Criminal Justice Division SCHEDULE B OFESSIONAL AND CONTRACTUAL SERVICES REQUIRED BUDGET NARRATIVE: Briefly describe and justify any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, evaluators, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. Use additional pages as needed. (1) (2) (3) Description of Service CJD Funds Cash Match TOTAL (A) S S S (tt) (tt) (F�) TOTAL PROFESSIONAL AND CONTRACTUAL SERVICES REQUIRED BUDGET NARRATIVE: Briefly describe and justify any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, evaluators, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. Use additional pages as needed. 841 Office of the Governor CJD-6 Criminal Justice Division i SCHEDULE C TRAVEL/TRAINING 1. Local Travel 2. In -State Travel (Specify clearly and use continuation pages if necessary) Purpose (t) (2) (3) Title or Position Miles Traveled Annually /$Rate CJD Funds Cash Match TOTAL (A) INTELLIGENCE METINGS $ $ $ (R) PER DIEM REIHBORSBKMITS 6,450 2,150 (C) OUT -OF -STATE TOTAL $ $ $ (f �) . IN -STATE TRAVEL TOTAL $ 11,325 $ 3,775 $15,100 (E) 0'.) (U) I.00AL TRAVEL TOTAL $ $ $ 2. In -State Travel (Specify clearly and use continuation pages if necessary) Purpose Destination CJD Funds Cash Match TOTAL TRAINING SCHOOLS $ 2,625 $ 875 $ 3,500 INTELLIGENCE METINGS 2,250 750 3,000 PER DIEM REIHBORSBKMITS 6,450 2,150 8,600 OUT -OF -STATE TOTAL $ $ $ IN -STATE TRAVEL TOTAL $ 11,325 $ 3,775 $15,100 3. Out -of -State Travel (Specify clearly and use continuation pages if necessary) Purpose Destination CJD Funds Cash Match TOTAL OUT -OF -STATE TOTAL $ $ $ TOTAL TRAVEL BUDGET $ 11,325' $ 3,775 $15,100 NOTE: When personally owned vehicles are used for travel, transportation costs are shown on Schedule C. When agenc) or leased vehicles are used, the vehicle operation/maintenance costs should be shown on Schedule F. "Supplies anc; Direct Operating Expenses." Tuition for training courses should be listed as supplies in Schedule F. U 42 Off Ice of the Governor Criminal Justice Division SCHEDULE C (Contlnued) REQUIRED NARRATIVE: Briefly describe the applicant's travel policy (i.e. mileage rates and per diem rates). Specify purposes for each item of travel. Break out costs of each in -state and each out -of- state. trip to separately show the specific costs of transportation and of per diem. The funding requested for training schools will be for schools such as the Department of Public Safety new agent school, air smuggling school, Texas Narcotics Officers Association schools and other similar training programs. Per diem expenditures contemplated three weeks per year for each officer and one attorney. Also included is one week per year for the secretary and financial officer. This figure is therefore based on 20 weeks or 100 days assuming �601day for lodging and X26 /day for meals. The funding requested for travel may also be used to cover expenditures for interviewing witnesses or bringing witnesses to testify at trials. 843 Office of the Governor Criminal Justice Division SCHEDULE D EQUIPMENT PURCHASES CJ D-8 REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item. Provide explanation of userustification. Use additional pages as needed, SCHEDULE E Reserved for Future Use -- (1) 2 3 Equipment Name or Description and Quantity Do Not List Brand Names CJD Funds Cash Match TOTAL (A) $ $ $ (B) (C) (D) (E) (F) (G) (H) TOTAL EQUIPMENT PURCHASES $ $ $ REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item. Provide explanation of userustification. Use additional pages as needed, SCHEDULE E Reserved for Future Use -- 1-4 Office of the Governor Ctiminal Justice Division SCHEDULE F iUPPLIES AND DIRECT OPERATING EXPENSES 844 REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item and justifica- tion for requesting each item. Use additional pages as needed. A. Vehicle lease on 7 cars @ ;500 /mo through Glenn Watson Cars & Ford Motor Co. B. Seven pagers @ $40 /mo. C. One phone @ $400 plus ;25 /mo per unit airtime for 7 phones D. $250 /mo for'each of seven vehicles E. ;125 /mo. F. $100 per employee for each school week (20) G. ;600 /mo. H. Current Usage I. Current Usage J. Current Usage K. Current Usage L. Current usage (1) (2) (3) Directly Charged Supplies and Other Operating Expenses CJD Funds Cash Match TOTAL (A) VEHICLE LEASES $ $ $42,000 (B) PAGER LEASE & MONTHLY CHARGE 3,360 (C) CELLULAR PHONES 2,500 (D) GASOLINE 21,000 (E) COPIER LEASE 1,500 (F) TRAINING TUITION 2,000 (G) LONG DISTANCE CALLS 7,200 (H) POSTAGE 725 (l) OFFICE SUPPLIES 2,000 (J) CONFIDENTIAL FUNDS 60,000 (K) OFFICE RENTAL 12,000 �L) UTT7.TITES • 2, 500 ,TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES $ $ $ See F1 REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item and justifica- tion for requesting each item. Use additional pages as needed. A. Vehicle lease on 7 cars @ ;500 /mo through Glenn Watson Cars & Ford Motor Co. B. Seven pagers @ $40 /mo. C. One phone @ $400 plus ;25 /mo per unit airtime for 7 phones D. $250 /mo for'each of seven vehicles E. ;125 /mo. F. $100 per employee for each school week (20) G. ;600 /mo. H. Current Usage I. Current Usage J. Current Usage K. Current Usage L. Current usage 845 CJD -9 Office of the Governor Criminal Justice Division SCHEDULE F1 SUPPLIES AND DIRECT OPERATING EXPENSES Directly Charged Supplies and CJD FUND CASH MATCH TOTAL Other Operating Expenses I (M) FORENSIC LAB FEES 2,000 (N) WRECKER FEES 750 TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES 159,555 `— Required Budget Narrative: M. Analysis of seizures when DPS Lab not available N. Current Usage • • l Indirect Costs Office of the Governor Criminal Justice Division SCHEDULE G Indirect Costs Per Approved Cost Allocation Plan $ Indirect Costs Per CJD Computation Table 846 CJD -10 (1) (2) (3) CJD Funds Cash Match TOTAL S REQUIRED NARRATIVE: If Method (A) is used, specify the rate and attach a copy of the document by which the current cost allocation plan was approved. NOTE: R di exceed t ul ements section of the grant application kit, or asauthorized t D per the applicant's cost allocation Administrative plan e9 • 5 The RCSAP is a multi- county, multi- agency task force based in northeast Texas in Lamar, Red River and Fannin counties bordering the Red River along the Texas- Oklahoma border. We have cooperative working agreements with Delta County to the south, and with McCurtain, Choctaw and Pushmataha Counties to the north in Oklahoma. The member counties cover over 2.889 square miles and have a combined population of over 83,070. The largest city in the area is Paris, with just over 26,000. The counties are mostly rural and with the exception of Delta County, cover a very large geographical area which is patrolled by relatively small law enforcement agencies. None of the local sheriff or police departments have the manpower or the funds to deal with the mounting drug problem in the area. None of those agencies have any personnel assigned strictly to handle narcotics cases. The federal agents which claim this area are at least 2 hours away and rarely make an appearance unless called in on a specific matter. Accordingly, without the aid of the task force (and now 2 DPS narcotics officers recently assigned here but who do not work undercover), narcotics trafficking would continue almost untouched. According to local law enforcement authorities, fully 80% of all crime in these areas involved drugs; whether. it be the delivery, possession or manufacturing of controlled substance, thefts committed to pay for drugs, or crimes of violence involving some combination of the above. Due to its rural setting and limited law enforcement, this area is attractive to persons cultivating marihuana. So far this year, the task force has been involved in the seizure of`over $5 million dollars worth of marihuana. Additionally, this area is in the "beltway" between the Dallas metroplex and Oklahoma. Many of the crooks we deal with have strong connections and sources of supply in Dallas and /or in Oklahoma. The area has likewise seen a significant increase in gang activity. Organized gangs are responsible for much of the communities, problems with drug abuse, thefts, and violent crimes. There have even been a rash of drive -by shootings and riot -type incidents. Sadly, the number of juvenile offenders has also increased. This project should not duplicate or overlap any existing law enforcement activities designed to fight the drug war. With the exception -of DPS narcotics, none of the other agencies have the ability to conduct undercover operations or to infiltrate organized crime operations as the task force has done. Because the problem is so widespread, these two agencies have so far, only complemented each other. With the addition of the interdiction/ community policing team, rural roads to Dallas and Oklahoma not otherwise patrolled by DPS can be covered and the officers can provide a visible law enforcement presence in those communities where there is no local police. The team will also provide a police presence in high drug traffic areas where the police don't have the manpower to devote to full -time diversion - - 848 HISTORICAL DATA 'rough the efforts of the Drug Task Force, a number of major goals regarding w enforcement and criminal justice were undertaken and accomplished that were beyond the abilities and funding levels of local law enforcement agencies. This past grant period, the task force was responsible for making approximately 307 drug cases with only 4 undercover agents. So far, in the current period, 153 cases have been made by the task force. The sales of crack cocaine have continued to rise during the years the task force has been in operation, while the violent crime rate decreased 17.4% over the past year. Just under 400 persons are on parole in the member counties while nearly 2,700 persons are on probation. 68 juveniles are on probation in Lamar and Red River Counties with Fannin County not reported. Incidents of gang violence and racial tensions have been on the rise with documented ties to narcotics trafficking, particularly crack cocaine. 3 cases involving organized crime have been filed within the past year and the task force has broken up a methamphetamine distribution ring, and 2 different crack cocaine organizations. In the past 5 years the task force has been in operation, they have successfully apprehended and convicted almost every major targeted dealer operating in the 3- county area. However, as those persons were convicted, others have risen to take their place or they have been released from prison. • 4 2•' ��•:ii: •.. :: r ::� :� }.ti•. ijr': • {:.: ': ii•: is ..:.J, ...,.: �= tip. } �?{� 1 •'ti'}tijjj The RCSAP has conducted undercover narcotics investigations for the past 5 years. For 4 of those years, it has been under the leadership of the current commander, prosecutor and secretary. Each year has seen in increased productivity. The essential goals of the project are to remain the same, i.e., to identify, target and apprehend the drug dealers; to successfully prosecute those cases to see that justice is done - whether by removing the dealer from the streets or by effective rehabilitation through community supervision and /or confinement in a substance abuse felony punishment facility; to provide a police presence in high narcotics trafficking areas; to expedite prosecution and adjudication of drug offenders; and to hopefully break the link between drugs and violent crime. While continuing to focus on the street -level dealer, the task force has successfully "gone up the ladder" to reach some of the area's suppliers. In doing so, the task force has worked closely with and cooperated with area law enforcement agencies coordinating the available funds, the undercover and intelligence gathering capabilities of the task force with the manpower of the state and local agencies. Investigations leading up to indictments on the 3 different organized crime groups all involved such cooperation. The project should impact the stated problem by making it less desirable for out -of -town crooks to expand their business into the area and removing the "neighborhood heroes" whose drug dealing activities might influence their younger replacements. The policing team should help discourage dealing in the targeted high trafficking areas as well as providing a more visible link between law enforcement and the communities. In the past 5 years, the task force has made an impact on the marihuana growers in the area. Acting on increasing tips from persons in the community, more and more marihuana is being eradicated and growing operations put out of business. Over $8 million in marihuana has been seized in the past 2 years alone. It is not unusual for disgruntled growers to call the office and complain that we're "cutting down" their profits. The project will target and serve approximately 83,070 persons in a 3- county area where there are no comparable programs. It is innovative in that it utilizes undercover officers to infiltrate rural and urban areas so that traffickers can be identified and apprehended, and because with the addition of the interdiction /community policing team, officers are able to prevent, deter, or intervene in drug trafficking in targeted high crime areas. Additionally, members of the policing team (all of whom have worked undercover previously) , the commander, and the prosecutor all meet with various church, civic and school groups, or participate in community forums which discuss the drug problem in an effort to educate the public and in turn, receive input from the community of task force activities. All of the agents receive cross - cultural awareness training through the TNCP and TNOA, as well as through in -house programs. As set out above and in the preceding pages, the project complies with the 1994 Statewide Strategy for Drug and Violent Crime Control. WN• EVALUATION DESIGN 'he measurable goals of the project include the following: the number of drug buys made, the number of defendants, the number of arrests, the number and amount of seizures, and the reduction of violent crime incidents. In the year immediately preceding the grant year, the task force was involved in 307 drug buys involving 251 defendants. Thirty -one (31) seizures were filed and $105,000.00 in assets were forfeited to the task force during that period. Violent crime went down 17.4 %. So far this year, 153 drug cases have been made from involving 117 defendants. Sixteen (16) seizures have been filed on assets worth approximately $17,908.00. By the end of the year, we anticipate that additional defendants will be arrested and $30,000.00 in assets forfeited. The conviction rate on defendants is expected to remain at 100% (Violent crime rate figures are not yet available). The task force is governed by a Board of Directors which should meet quarterly to discuss the current narcotics trends and to identify problem areas. The board will review the measurable activities of the project to determine if the quarterly goals are being met and to decide what changes, if any, to make in order to have a more successful project. The commander will report to the board on the activities of the different agents to insure that they receive proper training, supervision, and that they continue working to accomplish the project's goals. The board will also meet to determine whether the project duplicates, overlaps, or conflicts with other related projects so that task force priorities can be reorganized if necessary so that manpower and funds are not wasted. So far, there has been no such duplication or conflict. 851 PART V ASSURANCES CJ D -15 The Applicant hereby assures and certifies that he will comply with the regulation, policies, guidelines and requirements including OMB Circulars No. A -122, A -110, A -102, and A -87, as they relate to the application, acceptance and use of Federal funds for this federally- assisted project. Also the Applicant assures and certifies to the grant that: It possesses legal authority to apply for the grant: that a resolution. motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application including all understandings and assurances contained therein, and directing and authorizing the person iden- tified as the official representative of the applicant to actin connec- tion with the application and to provide such additional information as may be required. It will comply with Title VI of the Civil Rights Act of 1964 (P. L. 88- 352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin. be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal Financial assistance and will immediately take any measures necessary to effectuate this agreement. 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the pri- mary purpose of a grant is to provide employment or (2) discrimi- natory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. 4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91.646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 5. It will comply with the provisions of the Hatch Act which lirdit the political activity of employees. 6. It will comply with the minimum wage and maximum hours provi- sions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 7. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. It will give the sponsoring agency or the Comptroller General through any authorized representative the access to and the right to examine all records, books, papers, or documents related to the grant. 9. It will comply with all requirements imposed by the Federal spon- soring agency concerning special requirements of law, program requirements, and other administrative requirements. 10. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 11. It will comply with the flood insurance purchase requirements of § 102 (a) of the Flood Disaster Protection Act of 1973, Public Law 93- 234, 87 Stat. 975, approved December 31,1976. Section 102 (a) requires, on and after March 2. 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. i he phrase "Federal financial assistance' includes any form of loan, grant, guaranty, insurance payment. rebate, subsidy, disas- ter assistance loan or grant, or any other form of direct or indirect Federal assistance. 12. [twill assist the Federal grantor agency in its compliance with § 106 of the National Historic Preservation Act of 1966 as amended (16 U. S. C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U. S. C. 469a -1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed inor eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 13. It will comply with the Uniform Grant and Contract Managements Standards (UGCMS) developed under the directive of the Uniform Grant and Contract Management Act of 1981. Texas Civil Statutes, Article 4413 (32g). 14. It. if a county, has taken or will take all action necessary to provide the Texas Department of Criminal Justice and the Department of Public Safety any criminal history records maintained by the county in the manner specified for the purposes of those departments. 15. It will comply with the Victims of Crime Act for 1984 which provides that no person shall be excluded from participation in, denied the benefits of. subjected to discrimination under, or denied employ- ment in connection with any activity receiving funds under the Act on the basis of race, color, religion, national origin, handicap, or sex. Recipients of funds under the Act are also subject to Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d (prohibiting discrimination in such programs on the basis of race, color, or national origin), Section 504 of the Rehabilitation Act of 1973, 2 U.S.C. 794 (prohibiting discrimination in such programs on the basis of handicap), the Age Discrimination Act of 1975,42 U.S.C. 6101, et. seq., and the Department of Justice Nondiscrimination Regulations. 28 CFR. Part 42. Subparts C.D, and G. (VOCA only.) 16. It will, in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing, on the ground of race. color, religion, national origin, sex, age, or handicap against the project, forward a copy of the finding to the Criminal Justice Division (CJD). (VOCA only.) 17. it will maintain information on victim services provided by race. national origin, sex, age, and handicap. (VOCA only.) 18. It will comply with Subtitle A, Title 11 of the Americans With Disabilitities Act (ADA). 42 U.S.0 12131. 12134, and Department of Justice irnplementingregulation. 28 CFR Pan35.whereas state and local oovernments may not refuse to allow a person with a disability to participate in a service, program, or activity simply because the person has a disability. CJD -16 DESIGNATION OF GRANT OFFICIALS C I rules require that three persons be designated to the positions of Authorized Official, Project Director, a Financial Officer for the purposes of administering a grant. The Project Director and the Financial C cer may not be the same person but, under extenuating circumstances, one person may otherwise fill two positions. In accordance with the criteria and definition of responsibilities set forth in the Financial and Administrative Requirements section of the CJD Grant Application and Administration Guidelines governing submission of this application, the following designations are made: APPLICANT: CITY OF PARIS TEXAS NARCOTICS CONTROL PROGRAM PROJECT TITLE:. REGIONAL CONTROLLED SUBSTANCE APPREHENSION PROGRAM M Mr. O Ms. KARL LOUIS Project Director (Type or Print) _.,_. Q1JEF. PARIS POLICE DEPARTMENT Title and Agency _ 811 BONHAM — Business Address (Street or P. O. Box) 'ARIS 95460 City ZP (903) 784 -5252 Telephone Number (903) 784 -7210 Fax Number ZXMr. O Ms. MIKE MALONE IR Mr. O Ms. W. E. ANDERSON Financial Officer (Type or Print) DIRECTOR FINANCE _ CITY OF PARTS Title and Agency P.O. BOX 9037 Business Address (Street or P. O. Box) PARIS 75461 -9037 City Zip (903) 785 -7511 Telephone Number (903) 785 -8519 Fax Number Authorized Official (Type or Print) CITY MANAGER - CITY OF PARIS Title and Agency P.O. BOX 9037 Business Address (Street or P. O. Box) PARIS 75461 -9037 City (903) 785 -7511 Telephone Number (903) 785 -8519 Fax Number Zip 852 853 ATTACHMENTS Attachment 1: CIVIL RIGHTS LIAISON Attachment 2: EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION Lamar, Fannin, Red River Counties City of Bonham; City of Paris Attachment 3: CERTIFIED ASSURANCES Lamar, Fannin, Red River Counties City of Bonham; City of Paris Attachment 4: SINGLE AUDIT ACT CERTIFIED ASSURANCE Attachment 5: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION; LOWER TIER COVERED TRANSACTIONS (SUB- RECEIPT) Attachment 6: CERTIFICATION REGARDING DRUG -FREE WORK PLACE REQUIREMENTS Attachment 7: CERTIFICATION REGARDING LOBBYING .Attachment 8: TRACS REVIEW: PENDING (NOT ATTACHED) Attachment 9: CERTIFICATION (Confidential Expenditures) Attachment 10: COOPERATIVE WORKING AGREEMENTS Lamar, Fannin, Red River, Delta,Counties* City of Bonham 17th Judicial District, State of Oklahoma* *Will be sent at later date Attachment 11: INTERAGENCY AGREEMENT REVIEW AND APPROVAL Lamar, Fannin, Red River Counties City of Bonham Attachment 12: RESOLUTIONS Lamar; Fannin, Red River Counties City of Paris; City of Bonham Attachment 13: DISTRICT /COUNTY ATTORNEY CONTRACTS Lamar, Fannin, Red River Counties 854 CIVIL RIGHTS LIAISON j As required by federal guidelines and Criminal Justice Division Rules and Guidelines governing the Texas Narcotics Control Program under the Anti -Drug Abuse Act of 1986, the following person is named as the civil rights contact person who has lead responsibility for insuring that all applicable civil rights requirements are met and who shall act as liaison in civil rights matters with the Criminal Justice Division and with the Office of Justice Programs (U. S. Department of Justice). W. E. (Gene) Anderson (Name, typed or printed) Director of Finance /Personnel, City of Paris (Position or Title) P. O._ Box 9037, Paris, Texas 75461 -9037 (Mailing Address) 19031 785 -7511 Phone Number 855 TEXAS NARCOTICS CONTROL PROGRAM Special Condition EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION I, Deane Loughmiller, certify that: This agency employs 50 or more people and has received or applied to the Criminal Justice Division, Office of the Governor for total funds in excess of $25,000; therefore, the County of Lamar has formulated an equal employment opportunity program in accordance with 28 CRF 42.301 et sea., Subpart E and that it is on file in the office of _LP%tn h 2 c=ufITY Ag of ►'o PZ Paris, Texas 75460 for review or audit by an official of the Criminal Justice Division, Office of the Governor as required by relevant laws and regulations. PROJECT TITLE: REGIONAL CONTROLLED SUBSTANCE APPREHENSION PROGRAM �. x -y -4q uthoriruugXhmi le 1 (signature) Date Deane L County Judge - y— r% " -D - %L>A 1 1 Proje t Di e t r (signature) Date Karl isa Chief Paris PD 85G TEXAS NARCOTICS CONTROL PROGRAM Special Condition EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION I, Jimmy Doyle, certify that: This agency employs 50 or more people and has received or applied to the Criminal Justice Division, Office of the Governor for total funds in excess of $25,000; therefore, the County of Fannin has formulated an equal employment opportunity program in accordance with 28 CRF 42.301 et sect., Subpart E and that it is on file in the office of i—Ay-ttJltA Cou,1121 A-J DrTba, Bonham, Texas 75418 for review or audit by an official of the Criminal Justice Division, Office of the Governor as required by relevant laws and regulations. PROJECT TITLE: REGIONAL, CONTROLLED SUBSTANCE APPREHENSION PROGRAM _ u orized Official (signature) Date Ji Doyle, County Judge Pro�ec Di c �(signatltfre) Date Karl Lou s, Chief Paris PD 857 TEXAS NARCOTICS CONTROL PROGRAM Special Condition EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION I, L. D. Williamson, certify that: This agency employs 50 or more people and has received or applied to the Criminal Justice Division, Office of the Governor for total funds in excess of $25,000; therefore, the County of Red River has formulated an equal employment opportunity program in accordance with 28 CRF 42.301 et sea., Subpart E and that it is on file in the office of Clarksville, Texas 75426 for review or audit by an official of the Criminal Justice Division, Office of the Governor as required by relevant laws and regulations. PROJECT TITLE: REGIONAL CONTROLLED SUBSTANCE APPREHENSION PROGRAM Authorized Official (signature) Date L. D. Williamson, County Judge \4 Proje D'rec (signature) Date 9� Karl Lo 4E, Chief Paris PD E TEAS NARCOTICS CONTROL PROGRAM Special Condition EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION I, Jim Stiff, certify that: This agency employs 50 or more people and has received or applied to the Criminal Justice Division, Office of the Governor for total funds in excess of $25,000; therefore, the City of Bonham has formulated an equal employment opportunity program in accordance with 28 CRF 42.301 et seg., Subpart E and that it is on file in the office of e inj kjorno -2 J 611]1 Bonham, Texas 75460 for review or audit by an official of the Criminal Justice Division, Office of the Governor as required by relevant laws and regulations. PROJECT TITLE: REGIONAL CONTROLLED SUBSTANCE APPREHENSION PROGRAM 4 A � Q orized" Of icial (signature) Date" - Jim Stiff, Bonham City Manager Karl ar (signature) ief Paris PD ?� • 1� `O Date v TEXAS NARCOTICS CONTROL PROGRAM Special Condition EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION I, Michael E. Malone, certify that: This agency employs 50 or more people and has received or applied to the Criminal Justice Division, Office of the Governor for total funds in excess of $25,000; therefore, the City of Paris has formulated an equal employment opportunity program in accordance with 28 CRF 42.301 et seg., Subpart E and that it is on file in the office of W. E. Anderson, Director of Finance /Personnel, City Hall, 135 First Street S.E., Paris, Texas 75460 for review or audit by an official of the Criminal Justice Division, Office of the Governor as required by relevant laws and regulations. PROJECT TITLE: REGIONAL CONTROLLED SUBSTANCE APPREHENSION PROGRAM Au horized Official (signature) Date I/ W-4 X'-� q**N L. ._I- -C14 Pro' Di ec r signature Date . J ( g ) CERTIFIED ASSURANCES (1) The applicant assures that federal funds made available under this formula grant will not be used to supplant state or local funds but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. (2) The applicant assures that matching funds required to pay the non - federal portion of the cost of each program and project, for which grant funds are made available, shall be in addition to funds that would otherwise be made available for law enforcement by the recipients of grant funds. (3) The applicant assures that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary, to keep such records as CJD shall prescribe, shall be provided to assure fiscal control, proper management, and efficient disbursement of funds received under the grant. (4) The applicant assures that it shall maintain such data and information and submit such reports, in such form, at such times, and containing such information as CJD may require. (5) The applicant certifies that the programs contained in its application meet all requirements, that all the information is correct, that there has been appropriate coordination with affected agencies, and that the applicant will comply with all provisions of the grant and all other applicable federal and state laws, regulations, and guidelines. (6) The applicant assures that it will comply, and all its contractors will comply, with the nondiscrimination requirements of the Justice Assistance Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C,D.E, and G; and Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations, 41 CFR Part 60.1 et seq., as applicable to construction contracts. (7) The applicant assures that in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national original, or sex against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights Compliance (OCRC), Office of Justice Programs, and the Criminal Justice Division. s (8) The applicant assures that it will required that every recipient required to formulate and Equal Employment Opportunity Program (EEOP), in accordance with 28 CFR 42.301 et sect., submit a certification to the state that it has a current EEOP on file which meets the requirements therein. (9) The applicant assures that it will provide an EEOP, if required to maintain one, where the application is for $50,000 or more. (10) The applicant assures that it will comply with the provisions of the Office of the Justice Programs' "Financial and Administrative Guide for Grants ", M7100.1D. (11) The applicant assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review'- Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, procedures for Implementing the National Environmental Policy Act; and part 63, Floodplain Management and Wetland Protection Procedures. (12) The applicant assures that when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, all grantees receiving federal funds, including but not limited to state and local governments, shall clearly state (1) the percentage of the total cost of the program or project which will be financed with federal money, and (2) the dollar amount of federal funds for the project or program. 862 CERTIFICATION I certify that the programs proposed in this application meet all the requirements of the Texas Narcotics Control Program, that all the information presented is correct, and that the applicant will comply with the provisions of the Texas Narcotics Control program and all other federal and state laws, regulations, and guidelines. By appropriate language incorporated in each grant, subgrant, or other document under which funds are to be disbursed, the undersigned shall assure that the applicable conditions above apply to all recipients of assistance. 7 -y- 4 Date 7 v t CERTIFIED ASSURANCES (1) The applicant assures that federal funds made available under this formula grant will not be used to supplant state or local funds but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. (2) The applicant assures that matching funds required to pay the non - federal portion of the cost of each program and project, for which grant funds are made available, shall be in addition to funds that would otherwise be made available for law enforcement by the recipients of grant funds. (3) The applicant assures that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary, to keep such records as CJD shall prescribe, shall be provided to assure fiscal control, proper management, `and efficient disbursement of funds received under the grant. (4) The applicant assures that it shall maintain such data and. information and submit such-reports, in such form, at such times, and containing such information as CJD may require. (5) The applicant certifies that the programs contained in its application meet all requirements, that all the information is correct, that there has been appropriate coordination with affected agencies, and that the applicant will comply with all provisions of the grant and all other applicable federal and state laws, regulations, and guidelines.- (6) The applicant assures that it will comply, and all its contractors will comply, with the nondiscrimination requirements of the Justice Assistance Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C,D.E, and G; and Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations, 41 CFR Part 60.1 et sea., as applicable to construction contracts. (7) The applicant assures that in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national original, or sex against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights Compliance (OCRC), Office of Justice Programs, and the Criminal Justice Division. w � f (8) The applicant assures that it will required that every recipient required to formulate and Equal Employment Opportunity Program (EEOP), in accordance with 28 CFR 42.301 et seq., submit a certification to the state that it has a current EEOP on file which meets the requirements therein. (9) The applicant assures that it will provide an EEOP, if required to maintain one, where the application is for $50,000 or more. (10) The applicant assures that it will comply with the provisions of the Office of the Justice Programs' "Financial and Administrative Guide for Grants ", M7100.1D. (11) The applicant assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61,; procedures for Implementing the National Environmental Policy Act; and part 63, Floodplain Management and Wetland Protection Procedures. (12) The applicant assures that when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, a 'll grantees receiving federal funds, including but not limited to state and local governments, shall clearly state (1) the percentage of the total cost of the program or project which will be financed with federal money, and (2) the dollar amount of federal funds for the project or program. 865 CERTIFICATION I certify that the programs proposed in this application meet all the requirements of the Texas Narcotics Control Program, that all the information presented is correct, and that the applicant will comply with the provisions of the Texas Narcotics Control program and all other federal and state laws, regulations, and guidelines. By appropriate language incorporated in each grant, subgrant, or other document under which funds are to be disbursed, the undersigned shall assure that the applicable conditions above apply to all recipients of assistance. Authorized Official Date CERTIFIED ASSURANCES (1) The applicant assures that federal funds made available under this formula grant will not be used to supplant state or local funds but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. (2) The applicant assures that matching funds required to pay the non - federal portion of the cost of each program and project, for which grant funds are made available, shall be in addition to funds that would otherwise be made available for law enforcement by the recipients of grant funds. (3) The applicant assures that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary, to keep such records as CJD shall prescribe, shall be provided to assure fiscal control, proper management, and efficient disbursement of funds received under the grant. (4) The applicant assures that it shall maintain such data and information and submit such reports, in such form, at such times, and containing such information as CJD may require. (5) The applicant certifies that the programs contained in its application meet all requirements, that all the information is correct, that there has been appropriate coordination with affected agencies, and that the applicant will comply with all provisions of the grant and all other applicable federal and state laws, regulations, and guidelines. (6) The applicant assures that it will comply, and all its contractors will comply, with the nondiscrimination requirements of the Justice Assistance Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C,D.E, and G; and Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations, 41 CFR Part 60.1 et sect., as applicable to construction contracts. (7) The applicant assures that in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national original, or sex against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights Compliance (OCRC), Office of Justice Programs, and the Criminal Justice Division. 0 867 (8) The applicant assures that it will required that every recipient required to formulate and Equal Employment Opportunity Program (EEOP), in accordance with 28 CFR 42.301 et secs., submit a certification to the state that it has a current EEOP on file which meets the requirements therein. (9) The applicant assures that it will provide an EEOP, if required to maintain one, where the application is for $50,000 or more. (10) The applicant assures that it will comply with the provisions of the Office of the Justice Programs' "Financial and Administrative Guide for Grants ", M7100.1D. (11) The applicant assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence 'Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities;.Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, procedures for Implementing the National Environmental Policy Act; and part 63, Floodplain Management and Wetland Protection Procedures. (12) The applicant assures that when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, all grantees receiving federal funds, including but not limited to state and local governments, shall clearly state (1) the percentage of the total cost of the program or project which will be financed with federal money, and (2) the dollar amount of federal funds for the project or program. CERTIFICATION I certify that the programs proposed in this application meet all the requirements of the Texas Narcotics Control Program, that all the information presented is correct, and that the applicant will comply with the provisions of the Texas Narcotics Control program and all other federal and state laws, regulations, and guidelines. By appropriate language incorporated in each grant, subgrant, or other document under which funds are to be disbursed, the undersigned shall assure that the applicable conditions above apply to all recipients of assistance. -sue. uthorized Official Date •t CERTIFIED ASSURANCES (1) The applicant assures that federal funds made available under this formula grant will not be used to supplant state or local funds but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. (2) The applicant assures that matching funds required to pay the non - federal portion of the cost of each program and project, for which grant funds are made available, shall be in addition to funds that would otherwise be made available for law enforcement by the recipients of grant funds. (3) The applicant assures that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary, to keep such records as CJD shall prescribe, shall be provided to assure fiscal control, proper management, and efficient disbursement of funds received under the grant. (4) The applicant assures that it shall maintain such data and information and submit such. reports, in such form, at such times, and containing such information as CJD may require. (5) The applicant certifies that the programs contained in its application meet all requirements, that all the information is correct, that there has been appropriate coordination with affected agencies, and that the applicant will comply with all provisions of the grant and all other applicable federal and state laws, regulations, and guidelines. (6) The applicant assures that it will comply, and all its contractors will comply, with the nondiscrimination requirements of the Justice Assistance Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C,D.E, and G; and Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations, 41 CFR Part 60.1 et sect., as applicable to construction contracts. (7) The applicant assures that in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national original, or sex against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights Compliance (OCRC), Office of Justice Programs, and the Criminal Justice Division. 870 f�. (8) The applicant assures that it will required that every recipient required to formulate and Equal Employment Opportunity Program (EEOP), in accordance with 28 CFR 42.301 et sea., submit a certification to the state that it has a current EEOP on file which meets the requirements therein. (9) The applicant assures that it will provide an EEOP, if required to maintain one, where the application is for $50,000 or more. (10) The applicant assures that it will comply with the provisions of the Office of the Justice Programs' "Financial and Administrative Guide for Grants ", M7100.1D. (11) The applicant assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and .Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, procedures for Implementing the National Environmental Policy Act; and part 63, Floodplain Management and Wetland Protection Procedures. (12) The applicant assures that when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, all grantees receiving federal funds, including but not limited to state and local governments, shall clearly state (1) the percentage of the total cost of the program or project which will be financed with federal money, and (2) the dollar amount of federal funds for the project or program. 871 CERTIFICATION I certify that the programs proposed in this application meet all the requirements of the Texas Narcotics Control Program, that all the information presented is correct, and that the applicant will comply with the provisions of the Texas Narcotics Control program and all other federal and state laws, regulations, and guidelines. By appropriate language incorporated in each grant, subgrant, or other document under which funds are to be disbursed, the undersigned shall assure that the applicable conditions above apply to all recipients of assistance. Authorized Official Date 872 CERTIFIED ASSURANCES (1) The applicant assures that federal funds made available under this formula grant will not be used to supplant state or local funds but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. (2) The applicant assures that matching funds required to pay the non - federal portion of the cost of each program and project, for which grant funds are made available, shall be in addition to funds that would otherwise be made available for law enforcement by the recipients of grant funds. (3) The applicant assures that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary, to keep such records as CJD shall prescribe, shall be provided to assure fiscal control, proper management, and efficient disbursement of funds received under the grant. (4) The applicant assures that it shall maintain such data and information and submit such reports, in such form, at such times, and containing such information as CJD may require. (5) The applicant certifies that the programs contained in its application meet all requirements, that all the information is correct, that there has been appropriate coordination with affected agencies, and that the applicant will comply with all provisions of the grant and all other applicable federal and state laws, regulations, and guidelines.` (6) The applicant assures that it will comply, and all its contractors will comply, with the nondiscrimination requirements of the Justice Assistance Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CPR Part 42, Subparts C,D.E, and G; and Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations, 41 CPR Part 60.1 et seq., as applicable to construction contracts. (7) The applicant assures that in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national original, or sex against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights Compliance (OCRC), Office of Justice Programs, and the Criminal Justice Division. 873 INTERAGENCY AGREEMENT REVIEW AND APPROVAL STATE OF TEXAS ) COUNTY OF RED RIVER ) This Agreement is entered into by and between the County of Red River, a political subdivision of the State of Texas, hereinafter referred to as "County" and the City of Paris, a municipal corporation situated in Lamar County, Texas, hereinafter called "City ", pursuant to the Interlocal Cooperation Act, Art. 4413 (32C), Tex. Rev. Civ. Stat. (Vernon's 1976). WITNESSETH: WHEREAS, the City and County wish to participate in the Texas Narcotics Control Program (TNCP), and to file a joint grant application with the Criminal Justice Division of the State of Texas, for funding in the amount of $468,687.00 for the period to commence June 1, 1994, and to continue twelve months as The Regional Controlled Substance Apprehension Program, and WHEREAS, the City and County have agreed to contribute toward 25 percent of the grant award in matching funds if said joint application is approved; and WHEREAS, the source of funds would not normally be used for this purpose; and WHEREAS, the City and County believe it to be in their best interests to join in the application to develop a Regional Controlled Substance Apprehension Program; and WHEREAS, the City and County agree to each accept the responsibility to adhere to all pertinent federal, state, and local laws or regulations. ARTICLE VI AMENDMENTS 6.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. ARTICLE VII LEGAL CONSTRUCTIONS 7.01 In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE VIII ENTIRE AGREEMENT 8.01 This Agreement supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH S �L HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE ? DAY OF 51, -It. r y , 1994. C TY �OF PARIS ATTEST: TY OF VANNIN ATTEST: MARGARET GMBER"H Cov-ty Cie*, Fsa.ie Oa,=M BON HAM, TEXAS 874 875 NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to allow the City of Paris to file joint application on behalf of itself and the Counties of Lamar, Red River, Delta and Fannin, and the City of Bonham, with the Criminal Justice Division, which creates the Regional Controlled Substance Apprehension Program, which application is attached hereto as Exhibit "A" and made a part hereof for all purposes, and which will be submitted to the Governor's Office, Criminal Justice Division. ARTICLE II TERM 2.01 The term of this Agreement is to commence on the execution of this Agreement and to end May 31,'1995. ARTICLE III CONSIDERATION 3.01 As consideration for this Agreement, the Cities and Counties agree to contribute up to a maximum of $ 3 c), boo . o each, in matching funds for the enhancement of the Regional Controlled Substance Apprehension Program. ARTICLE IV ALLOCATION OF FUNDS 4.01 The specific allocation of the County and the City fund is set out in this Agreement. ARTICLE V OWNERSHIP OF EQUIPMENT 5.01 Upon termination of this Agreement, ownership of equipment, hardware, and other non - expendable items will revert to the applicant for which it was acquired, subject to the approval of the Criminal Justice Division of the State of Texas. 876 INTERAGENCY AGREEMENT REVIEW AND APPROVAL STATE OF TEXAS } COUNTY OF FANNIN ) This Agreement is entered into by and between the County of Fannin, a political subdivision of the State of Texas, hereinafter referred to as "County" and the City of Paris, a municipal corporation situated in Lamar County, Texas, hereinafter called "City ", pursuant to the Interlocal Cooperation Act, Art. 4413 (32C), Tex. Rev. Civ. Stat. (Vernon's 1976). WITNESSETH: WHEREAS, the County and the City wish to participate in the Texas Narcotics Control Program (TNCP), and to file a joint grant application with the Criminal Justice Division of the State of Texas, for funding in the amount of $ 468,687.00 for the period to commence June 1, 1994, and to continue twelve months as Regional Controlled Substance Apprehension Program, and WHEREAS, the County and the City have agreed to contribute toward 25 percent of the grant award in matching funds if said joint application is approved; and WHEREAS, the source of funds would not normally be used for this purpose; and WHEREAS, the County and the City believe it to be in their best interests to join in the application to develop a Regional Controlled Substance Apprehension Program; and WHEREAS, the County and the City agree to each accept the responsibility to adhere to all pertinent federal, state, and local laws or regulations. 877 ARTICLE VI AMENDMENTS 6.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. ARTICLE VII LEGAL CONSTRUCTIONS 7.01 In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE VIII ENTIRE AGREEMENT 8.01 This Agreement supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE 4 DAY OF , 1994. ATTEST: ATTE T: NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to allow the City of Paris to file joint application on behalf of itself and the Counties of ]Lamar, Fannin, Delta and Red River, and the City of Bonham, with the Criminal Justice Division, which creates the Regional Controlled Substance Apprehension Program, which application is attached hereto as Exhibit "A" and made a part hereof for all purposes, and which will be submitted to the Governor's Office, Criminal Justice Division. ARTICLE II TERM 2.01 The term of this Agreement is to commence on the execution of this Agreement and to end May 31, 1995. ARTICLE III CONSIDERATION 3.01 As consideration for this Agreement, the cities and counties agree to equally contribute up to a maximum total of $ 3n 000.o U each in matching funds for the enhancement of the Regional Controlled Substance Apprehension Program. ARTICLE IV ALLOCATION OF FUNDS 4.01 The specific allocation of the City and the County fund is set out in this Agreement. ARTICLE V OWNERSHIP OF EQUIPMENT 5.01 Upon termination of this Agreement, ownership of equipment, hardware, and other non - expendable items will revert to the applicant for which it was acquired, subject to the approval of the Criminal Justice Division of the State of Texas. INTERAGENCY AGREEMENT REVIEW AND APPROVAL, STATE OF TEXAS ) COUNTY OF LAMAR ) This Agreement is entered into by and between the County of Lamar, a political subdivision of the State of Texas, hereinafter referred to as "County" and the City of Paris, a municipal corporation situated in Lamar County, Texas, hereinafter called "City ", pursuant to the Interlocal Cooperation Act, Art. 4413 (32C), Tex. Rev. Civ. Stat. (Vernon's 1976). WITNESSETH: WHEREAS, the City and County wish to participate in the Texas Narcotics Control Program (TNCP), and to file a joint grant application with the Criminal Justice Division of the State of Texas, for funding in the amount of $468.687.00 for the period to commence June 1, 1994,: and to continue twelve months as The Regional Controlled Substance Apprehension Program, and WHEREAS, the City and County have agreed to contribute toward 25 percent of the grant award in matching funds if said joint application is approved; and WHEREAS, the source of funds would not normally be used for this purpose; and WHEREAS, the City and County believe it to be in their best interests to join in the application to develop a Regional Controlled Substance Apprehension Program; and WHEREAS, the City and County agree to each accept the responsibility to adhere to all pertinent federal, state, and local laws or regulations. COOPERATIVE WORKING AGREEMENT This is to certify that the objectives of the City of Paris grant application for fiscal year 1994 funding by the Criminal Justice Division of the Governor's Office have been reviewed and that it is mutually agreed to cooperate to whatever extent possible in carrying out the work plan described in that application. CITY OF PARIS DATED: / .� % 9� CHIEF OF POLICE, CITY OF BONHAM DATED: ,� -Jf-f fl CITY MANA`�ER, CITY OF BONHAM` DATED: P1 -�-r- a COOPERATIVE WORKING AGREEMENT This is to certify that the objectives of the City of Paris grant application for fiscal year 1994 funding by the Criminal Justice Division of the Governor's Office have been reviewed and that it is mutually agreed to cooperate to whatever extent possible in carrying out the work plan described in that application. CITY OF PARIS DATED: SHERIFF, RED RIVER COUNTY ]DATED: 3 - % - S y COUNTY JUDGE, RED 'RIIVER COUNTY DATED: s COOPERATIVE WORKING AGREEMENT This is to certify that the objectives of the City of Paris grant application for fiscal year 1994 funding by the Criminal Justice Division of the Governor's Office have been reviewed and that it is mutually agreed to cooperate to whatever extent possible in carrying out the work plan described in that application. CITY OF PARIS DATED: SHERIFF, FANNI�N7 COUNTY DATED: _ 3'- / - / sz nea i/k COUNTY D , FANNIN COUNTY DATED: —s - % J'!Z 883 COOPERATIVE WORKING AGREEMENT This is to certify that the objectives of the City of Paris grant application for fiscal year 1994 funding by the Criminal Justice -- Division of the Governor's Office have been reviewed and that it is mutually agreed to cooperate to whatever extent possible in carrying out the work plan described in that application. CITY OF PARIS DATED: / -- 7 — 9 -/ SHERIFF, LAMAR COUNTY DATED: si ned N COUNTY JUDGE,ttttLAMAR OUNT DATED: 884 CERTIFICATION TO: Criminal Justice Division Office of the Governor Attn: P. O. Box 12428 Austin, Texas 78711 FROM: Name: Karl Louis Position: Project Director Grant Title: Regional Controlled Substance Apprehension Program Location: Paris, Texas Grant Number: DB- 92-B02 -5066 (Present) SUBJECT: Disbursement of Funds for Confidential Expenditures This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential expenditures as set forth in this attachment. DATE: SIGNATURE: N'1111\ (P 'ect Direc or) • i ATTACHMENT 8 - TRACS REVIEW PENDING - NOT ATTACHED WILL BE FORWARDED TO AUSTIN BY COG CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his knowledge and belief that: (1) no federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or eWlcyee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Con ess in connection with the awarding of of any federal any federal contract, the grant, the making of any federal loan, the enter3mcj into of any cooperative agreement, and the extension, continuation, renewal, amefidment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) if any non - federal funds have been paid or will be paid to person for influencing or attempting to affluence an officer or employee of any esscor a 1 Member -of f Congress, officer of employee , of Congr , emp oy Congress in connection with this federal contract, grant, loan, or cooperative agreement the riersigned shall check here and cauplete and submit Standard Form # "D.i.saTosure Foam to Report Lobbying",, in accordance with its instructions; (3) the undersi ed shall. rewire that the language of this certification be included In the award documents for all subrawards at all tiers and that all sub - recipients shall certify accordingly. Gant Rxmber Grantee -7 -9 Date i CERTIFICATION REGARDING DRUG -FREE WORK PLACE REQUIMENTS CERTIFICATION I. The grantee certifies that it will provide a drug-free work place by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's work place and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing a drug-free awareness program to inform employees about: (1) the dangers of drug abuse in the work place; (2) the grantee's policy of maintaining a drug-free work place; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations. (c) making it a requirement that each employee be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) abide by the terms of the statement; and (2) notify the employer of any criminal drug statute conviction for a violation occurring in the work place not later than five days after such conviction. (e) notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) taking one of the following actions with respect to any employee who is so convicted: (1) taking appropriate personnel action against such an employee, up to and including termination; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; (g) making a good faith effort to continue to maintain a drug-free work place through implementation of paragraphs (a), (b), (c), (d), (e), and (f). H. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with the specific grant. Place of Performance: Task Force Office Drug Task Force (Organization) 1855 17th N.E. Paris Lamar Texas 75460 Street Address City County State Zip Code Michael E. Malone City Manaoer Name of Person -Title or City of Paris Ll -1 Organization Si§nature Date U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub - Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160 - 19211). (1) The prospective lower tier participant certifies, by submission of this proposal, that neigher it nor itsprincipals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the propestive lower tier participant is unable to certify to any of the statements -in this certification, such prospective participant shall attach an explanation to this proposal. Michael E. Malone, City Manager Name and Title of Authorized Representative City of Paris Name of Organization P. O. Box 9037 Address of Organization Paris, Texas 75460 • I I t � SINGLE AUDIT ACT CERTIFIED ASSURANCE The hereby assures ccupli.ance by itself and its applicable subreci Tents (co s)) w3'th the Single Audit Act of 1984, PL98- 02 (ACT) and, L. q� u- larly, with the requirements of CMB Circular A -128 (copy Enclosed) as follows: Grant Funds of $100,000 or over Authorized is (signature Financial icer (signature) -17- L Date CiTn1 of M2E5 Grantee Otganization Date tW-4., A Oaant Grantee should, within 60 days following the date of the grant award, furnish the following info=etion: I. Identity of the organization conducting the audit. 2. Apprc imate time audit-wi11 be conducted. 3. Audit coverage to be provided. CERTIFICATION I certify that the programs proposed in this application meet all the requirements of the Texas Narcotics Control Program, that all the information presented is correct, and that the applicant will comply with the provisions of the Texas Narcotics Control program and all other federal and state laws, regulations, and guidelines. By appropriate language incorporated in each grant, subgrant, or other document under which funds:are to be disbursed, the undersigned shall assure that the applicable conditions above apply to all recipients of assistance. 7-7: V thorized Official Date 0 (8) The applicant assures that it will required that every recipient required to formulate and Equal Employment Opportunity Program (EEOP), in accordance with 28 CFR 42.301 et sea., submit a certification to the state that it has a current EEOP on file which meets the requirements therein. (9) The applicant assures that it will provide an EEOP, if required to maintain one, where the application is for $50,000 or more. (10) The applicant assures that it will comply with the provisions of the Office of the Justice Programs' "Financial and Administrative Guide for Grants ", M7100.1D. (11) The applicant assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review_ Procedures; Part 20, Criminal Justice Information Systems;, Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; -Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, procedures for Implementing the National Environmental Policy Act; and part 63, Floodplain Management and Wetland Protection Procedures. (12) The applicant assures that when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, all grantees receiving federal funds, including but not limited to state and local governments, shall clearly state (1) the percentage of the total cost of the program or project which will be financed with federal money, and (2) the dollar amount of federal funds for the project or program. 892 NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I �. PURPOSE 1.01 The purpose of this Agreement is to allow the City of Paris to file joint application on behalf of itself and the Counties of Lamar, Fannin, Delta and Red River, and the City of Bonham, with the Criminal Justice Division, which creates the Regional Controlled Substance Apprehension Program, which application is attached hereto as Exhibit "A" and made a part hereof for all purposes, and which will be submitted to the Governor's Office, Criminal Justice Division. ARTICLE II TERM 2.01 The term of this Agreement is to commence an the execution of this Agreement and to end May 31, 1995. ARTICLE III CONSIDERATION 3.01 As consideration for this Agreement, the cities and counties agree to equally contribute up to a maximum total of $ 06,000.00 each in matching funds for the enhancement of the Regional Controlled Substance Apprehension Program. ARTICLE IV ALLOCATION OF FUNDS 4.01 The specific allocation of the city and county fund is set out in this Agreement. ARTICLE V OWNERSHIP OF EQUIPMENT 5.01 Upon termination of this Agreement, ownership of equipment, hardware, and other non - expendable items will revert to the applicant for which it was acquired, subject to the approval of the Criminal Justice Division of the State of Texas. 883 ARTICLE VI AMENDMENTS 6.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. ARTICLE VII LEGAL CONSTRUCTIONS 7.01 In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE VIII ENTIRE AGREEMENT 8.01 This Agreement supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE DAY OF 1994. C1 Y �OF PARIS ATTEST: 2� COUNTY OF RED RIVER ATTEST: "IA) 1 ' 894 INTERAGENCY AGREEMENT REVIEW AND APPROVAL STATE OF TEXAS ) COUNTY OF FANNIN )' This Agreement is entered into by and between the City of Bonham, a municipal corporation situated in Fannin County, Texas, hereinafter referred to as "Bonham" and the City of Paris, a municipal corporation situated in Lamar County, Texas, hereinafter called "City ", pursuant to the Interlocal Cooperation Act, Art. 4413 (32C), Tex. Rev. Civ. Stat. (Vernon's 1976). WITNESSETH: WHEREAS, Bonham and the City wish to participate in the Texas Narcotics Control Program (TNCP), and to file a joint grant application with the Criminal Justice Division of the State of Texas, for funding in the amount of $468,687.00 for the period to commence June 1, 1994, and to continue twelve months as The Regional Controlled Substance Apprehension Program; and WHEREAS, Bonham and the City have agreed to contribute toward 25 percent of the grant award in matching funds if said joint application is approved; and WHEREAS, the source of funds would not normally be used for this purpose; and WHEREAS, Bonham and the City believe it to be in their best interests to join in the application to develop a Regional Controlled Substance Apprehension Program; and WHEREAS, Bonham and the City agree to each accept the responsibility to adhere to all pertinent federal, state, and local laws or regulations. 895 NOW THEREFORE, IT IS HERFnY AGREED AS FOLLOWS: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to allow the City of Paris to file joint application on behalf of itself and the Counties of Lamar, Fannin, Delta and Red River, and the City of Bonham, with the Criminal Justice Division, which creates the Regional Controlled Substance Apprehension Program, which application is attached hereto as Exhibit "A" and made a part hereof for all purposes, and which will be submitted to the Governor's Office, Criminal Justice Division. ARTICLE II TERM 2.01 The term of this Agreement is to commence on the execution of this Agreement and to end May 31, 1995. ARTICLE III CONSIDERATION 3.01 As consideration for this Agreement, the cities and counties agree to equally contribute up to a maximum total of $ each in matching funds for the. enhancement of the Regional Controlled Substance Apprehension Program. ARTICLE IV ALLOCATION OF FUNDS 4.01 The specific allocation of the Bonham and the City fund is set out in this Agreement. ARTICLE V OWNERSHIP OF EQUIPMENT 5.01 Upon termination of this Agreement, ownership of equipment, hardware, and other non- expendable items will revert to the applicant for which it was acquired, subject to the approval of the Criminal Justice Division of the State of Texas. • a, ARTICLE VI AMENDMENTS 6.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. ARTICLE VII LEGAL CONSTRUCTIONS 7.01 In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE VIII ENTIRE AGREEMENT 8.01 This Agreement supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE $� DAY OF Al CA-k-c h , 1994. CITY OF PARIS -CO* OF B6AAH 897 RESOLUTION NO. A RESOLUTION AUTHORIZING THE COUNTY JUDGE OF LAMAR COUNTY, TEXAS, TO EXECUTE AN AGREEMENT REGARDING PARTICIPATION BY LAMAR COUNTY IN THE REGIONAL CONTROLLED SUBSTANCE APPREHENSION PROGRAM WHEREAS, the detection and apprehension of individuals operating in the area of controlled substances crimes and other related offenses is often hindered because the range of operations of the criminal offender is-greater than the jurisdiction of the peace officers called upon to investigate the crime; and WHEREAS, individuals engaged in controlled substance crimes and other crimes often commit criminal offenses in numerous counties and cities during a brief period of time in a continuing scheme of criminal conduct; and WHEREAS, individuals engaged in controlled substance crimes and other crimes are often involved in the commission of controlled substance related crimes such as burglary, robbery, and theft; and WHEREAS, the Northeast Texas area is so structured that the efforts of a single law enforcement agency are often inadequate to detect and apprehend individuals committing criminal acts in numerous counties and cities; and WHEREAS, past experience in the Northeast Texas area has indicated that a cooperative effort between the cities and counties in the area has been effective in detecting and deterring the activities of individuals engaged in controlled substance crimes and other crimes to the mutual benefit of all the cities and counties in the Northeast Texas area; and WHEREAS, the Texas Legislature has enacted V.T.C.A. Local Government Code 362.00 to encourage the formation of mutual aid law enforcement task forces to cooperate in the investigation of criminal activity and enforcement of the laws of this state; and i� WHEREAS, under the provisions of the Anti -Drug Abuse Act of 1988 (Public Law 100 -690), Texas will receive federal funds to ^provide funding for the Texas Narcotics Control Program (TNCP), and the Criminal Justice Division, Office of the Governor, has been designated to administer the program in the form of grants to units of government; and WHEREAS, the Lamar County Commissioners' Court deems it to be in the best interest of the citizens of Lamar County to seek such assistance which will focus on drug law enforcement; and WHEREAS, if such application for grant assistance is approved, the project is to be funded by 75% federal funds and 25% local matching funds pro -rated among participants, with those matching funds due from Lamar County in an amount not to exceed $_3O,,noo 00 at the end of the fiscal year, to -wit: May 31, 1995; and WHEREAS, the County of Lamar and other approving law enforcement agencies have indicated their desire 'to participate in and be- a part of a cooperative investigative effort designated as Regional Controlled Substance Apprehension Program; BE IT RESOLVED BY THE COMMISSIONERS' COURT FOR THE COUNTY OF LAMAR, TEXAS: I. THAT an application be made to the Office of the Governor, Criminal Justice Division, for a Texas Narcotics Control Program, 1994 Grant, and if such application for grant assistance is approved, the project is to be funded by 75% federal funds and 25% local funds with the matching funds to be pro -rated among partici- pants with those matching funds due from the County of Lamar in an amount not to exceed 000- 00 at the end of the fiscal year, to -wit: May 31, 1995. II. THAT Deanne Loughmiller, County Judge, be, and he is hereby authorized and directed to execute an Agreement on behalf of the County of Lamar, Texas, as a member participant in the Regional Controlled Substance Apprehension Program, and such other documents necessary for the implementation and completion of said project. III. THAT this Resolution and Agreement will be subject to review on the anniversary date of June 1 of each year at which time the County will remain a member of the Regional Controlled Substance Apprehension Program or may withdraw by Resolution. Presented and passe on the<=2S'-91 day of FbrU4r '_, 1954, by a vote of ayes and O nays at a regular meeting of the Commissioners' Court for Lamar County, Texas. RESCUMON NO. A FdZMUM N AUBMU1% TSE COWI'Y JUDGE OF mum CCmry, TEXAS, TO E mam AN A IUXC DING PAMCUFATIC H BY FAVN N COUNTY IN TOE E 1 E IONAL CC HIROLTED. SUBSIANCE APPIUME SION PROGRAM W1S, the detection and apprehension of individuals operating in the .r-aea of controlled substances crimes and other related offenses is often hindered because the range of operations of the criminal offender is greater than the jurisdiction of the peace officers called upon to investigate the crime; and wmwem' individuals engaged in controlled. substance crimes and other Grin es often commit criminal offenses in numerous counties and cities during a brief period of time in a continuing scheme of criminal conduct; and S, individuals engaged in controlled substance crimes and other crimes are often involved in the commission of controlled substance related crimes such as burglary, robbery, and theft; and WHEREAS, the Northeast Texas area is so structured that the efforts of a single law enforcement agency are often inadequate to detect and apprehend individuals committing criminal acts in numerous counties and cities; and .5, past experience in the Northeast Texas area has indicated that a cooperative effort between the cities and counties in the area has been effective in detecting and deterring the activities of individuals engaged in controlled substance crimes and other crimes to the mutual benefit of all the cities and counties in the Northeast Texas area; and WAS, the Texas Legislature has enacted V.T.C.A. Local Govermrent Code 362.00 to encourage the formation of mutual aid law enforcement task forces to cooperate in the investigation of criminal activity and enforcement of the laws of this state; and S, under the provisions of the Anti -Drug Abuse Act of 1988 (Public law 100 -690), Texas will receive federal funds to provide funding for the Texas Narcotics Control Program (TNCP), and the Criminal Justice Division, Office of the Governor, has been designated to administer the program in the form of grants to units of government; and WHEREAS, the Fannin County Commissioners, Court deems it to be in the best interest of the citizens of Fannin County to seek such assistance which will focus on drug law enforcement; and WHEREAS, if such application for grant assistance is approved, the project 901 is to be funded by 75% federal funds and 25% local matching funds pro -rated among participants, with those matching funds due from Fannin County in an amount not to exceed $ 30,000.00 at the end of the fiscal year, to -merit: May 31, 1995; and WAS, the County of Fannin and other approving law enforcement agencies have indicated their desire to participate in and be a part of a cooperative investigative effort designated as Regional Controlled substance Apprehension Pry; BE IT R13SMVED BY THE CCKff SICtWSI COURT EM THE COUNTY OF FlAMIN, TEXAS: I. TEAT the County Judge of Fannin County, Texas, be and he is hereby authorized to execute an Agreement on behalf of Fannin County, as a member participant in the Regional. Controlled Substance Apprehension Program. II. MMT an application be made to the Texas Narcotics Control Program, Office of the Governor Criminal Justice Division, for a Texas Narcotics Control Program, 1993 Grant, and if such application for grant assistance is approved, the project is to be fumed by 75% federal funds and 25% local funds with the matching funds to be pro -rated among participants with those matching funds due from Fannin County in an amount not to exceed $30,000.00 at the end of the fiscal year, t�o-wit: May 31, 1995. MAT Jimmy L. Doyle, Fannin County Judge, be, and he is hereby appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of Fannin County, Texas, such documents necessary for the implementation and cazpletion of said project. IV. TEAT Talmage Moore, Sheriff of Fannin County, be,' and he is hereby appointed as Project Director and is hereby authorized to execute and deliver on behalf of Fannin County, Texas, all reports, camunications, assurances, and documents necessary for the implementation and caipletion of said project. V. THAT Kathleen M. Noss, Fannin County Auditor, be and she is hereby appointed as Financial Officer and is hereby authorized to receive and distribute funds for purposes of said project. VII. TAT this Resolution and Agreement will be subject to review on the anniversary date of June 1 of each year at which time the County will remain a _ member of the Regional Controlled Substance Apprehension program or may withdraw by Resolution. Presented and passed on the 24 day of January , 1994, by a vote of 5 ayes and 0 nays at a regular meeting of the Ccnmissioners' Court for Fannin County, Texas. ray. 902 303 RESOLUTION NO. A RESOLUTION AUTHORIZING THE COUNTY JUDGE OF RED RIVER COUNTY, TEXAS, TO EXECUTE AN AGREEMENT REGARDING PARTICIPATION BY RED RIVER COUNTY IN THE REGIONAL CONTROLLED SUBSTANCE APPREHENSION PROGRAM WHEREAS, the detection and apprehension of individuals operating in the area of controlled substances crimes and other related offenses is often hindered because the range of operations of the criminal offender is greater than the jurisdiction of the peace officers called upon to investigate the crime; and WHEREAS, individuals engaged in controlled substance crimes and other crimes often commit criminal offenses in numerous counties and cities during a brief period of time in a continuing scheme of criminal conduct; and WHEREAS, individuals engaged in controlled substance crimes and other crimes are often involved in the commission of controlled substance related crimes such as burglary, robbery, and theft; and WHEREAS, the Northeast Texas area is so structured that the efforts of a single law enforcement agency are often inadequate to detect and apprehend individuals committing criminal acts in numerous counties and cities; and WHEREAS, past experience in the Northeast Texas area has indicated that a cooperative effort between the cities and counties in the area has been effective in detecting and deterring the activities of individuals engaged in controlled substance crimes and other crimes to the mutual benefit of all the cities and counties in the Northeast Texas area; and WHEREAS, the Texas Legislature has enacted V.T.C.A. Local Government Code 362.00 to encourage the formation of mutual aid law enforcement task forces to cooperate in the investigation of criminal activity and enforcement of the laws of this state; and WHEREAS, under the provisions of the Anti -Drug Abuse Act of 1988 (Public Law 100 -690), Texas will receive federal funds to provide funding for the Texas Narcotics Control Program (TNCP), and the Criminal Justice Division, Office of the Governor, has been designated to administer the program in the form of grants to units of government; and WHEREAS, the Red River County Commissioners' Court deems it to be in the best interest of the citizens of Red River County to seek such assistance which will focus on drug law enforcement; and WHEREAS, if such application for grant assistance is approved, the project is to be funded by 75% federal funds and 25% local matching funds pro -rated among participants, with those matching funds due from Red River County in an amount not to exceed $ 25,000.00 at the end of the fiscal year, to -wit: May 31, 1995; and WHEREAS, the County of Red*River and other approving law enforcement agencies have indicated their desire to participate in and be a part of a cooperative investigative effort designated as Regional Controlled Substance Apprehension Program; BE IT RESOLVED BY THE COMMISSIONERS' COURT FOR THE COUNTY OF RED RIVER, TEXAS: I. THAT an application be made to the Office of the Governor, Criminal Justice Division, for a Texas Narcotics Control Program, 1994 Grant, and if such application for grant assistance is approved, the project is to be funded by 75% federal funds and 25% local funds with the matching funds to be pro -rated among partici- pants with those matching funds due from the County of Red River in an amount not to exceed $ 25, 000.00 at the end of the fiscal year, to -wit: May 31, 1995. 904 905 II. THAT L. D. Williamson, County Judge, be, and he is hereby authorized and directed to execute an Agreement on behalf of the County of Red River, Texas, as a member participant in the Regional Controlled Substance Apprehension Program, and such other documents necessary for the implementation and completion of said project. III. THAT this Resolution and Agreement will be subject to review on the anniversary date of June 1 of each year at which time the City will remain a member of the Regional Controlled Substance Apprehension Program or may withdraw by Resolution. Presented and passed on the —_ day of March , 1994, by a vote of 5 ayes and U nays at a regular meeting of the Commissioners' Court for Red River County, Texas. . D. WILLIAMSON, COUNTY JUDGE RED RIVER COUNTY, TEXAS RESOLUTION NO. 9,?I_ WHEREAS, under the provisions of the And -Drug Abuse Act of 1488 (Public Law 100-690), Texas will receive federal funds provide fed iSubstance Texas Narcotics Control Program (T ), Regional Apprehensiop r o' aamlNStejr thenprogram In the form Office o€ grants to unit of has been designated government; and, WHEREAthe f Paris to seek such a sistance which will focus on drugla t interest of the citizens enforcement; and, WHEREAS, if such application for grands totaling $351, nt asS15 �' and ledocal matching is to be funded by 75 % federal fu funds totaling $117,172.00; NOW, THERE7"ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARISI 1 That vernor application iminal Justice Texas Narcotics for A Texas Narcotics acs Control c�fF r of the Go Apprehension Program, and if such Program, Regional Controlled Substance Awe project is to be funded by 7596 application for grant assistance is app federal funds totaling $351,515.00 and 25% local matching funds totaling S} 17,172.00. - . 2, That Michael E. Malone, City Manager of the City of Paris, be, and the Authorized Official of said project and is authorized he is hereby appointed as and directed to execute on th'A 'Af of the City of Paris the application for grant In the form attached hereto as Exhibit A. g, That-Karl Louis, Chief, Paris police Department, be, and he is hereby appointed as Project Director and is hereby authori zed to execute and deliver on behalf of the City of Parisall reports, of said pTOjoc� assurances, contracts and documents necessary for the 4, That W. E, Anderson, Director of Finance, be, and he hereby authorized and directed to serve as the of said Project' officer for said project receive and distribute funds for putpo PASSED AND ADOP'T'ED this 10th day of March, 1994• 4GrgreFlsher, Mayor ATTEST: Mattic Cunningham, City Cie APPROVED AS 0 FORM: T, } , ayncs, ity Attorney 907 Rgsawnw NO• 021494 �IIBV` —ire • i tt: •.• I ita' N r. •i :�. I:t• i:A1• • �a•� `• Q!•lala far •�sr v1 I • ..� NI• • •. •IaC! • ►• •• �•.•1 all w• •I' • . '1a1:IDO zcj (k •,�!!• WHEREAS, the detection and apprehension of individuals area of controlled sub operating in the stances crimes and other related offenses is often hindered because the range of operations of the criminal offender is jurisdiction of the greater than the Peace officers called upon to investigate the crime; and 'MIMS, individuals engaged in controlled substance crimes and other crams own ccnmi.t criminal offenses in numerous counties and cities during a brief period of time in a continuing scheme of criminal conduct; and WHEREAS, individuals engaged in controlled substance crimes and other crimes are often involved in the commission of controlled substance related crimes such as burglary, robbery, and theft; and WHEREAS, the Northeast Texas aw area- that the efforts of a single l enforcement agency are often inadsetqruUaCt"e_-Urte0d deter: t and apprehend individuals caRmitting c•rimina1 acts in s counties and cities; and SAS, Past experience in the Northeast Texas area has indicated that a cooperative effort between the cities a counties in the in detect' - area has been effective detecting and deterring the activities of individuals engaged in controlled substance crams and other crimes to the actual benefit of all the cities and counties in the Northeast Texas area; and S, the Texas Legislature has enacted V.T.C.A. Local 362.00 to encourage the founation of actual aid law enforcementorceo ofthis s at the investigation of criminal, activity and enforcea�nt of the laws of this state; and SAS, under the provisions of the Anti-Drug Abuse Act of 1988 (Public ), Texas will receive federal funds to provide funding for the Texas Narcotics Control Program (TNCP), and the Criminal Justice Division, Office of the GOvernor, has been designated to administer the program in the four of grants to units of government; and ^ sas WMREZS, the City of Bonham City Council deems it to be in the best interest of the citizens of the City of Bonham to seek such assistance which will focus on drug law enforcement; and WHERMS, if such application for grant assistance is approved, the project is to be funded by 75% federal funds and 25% local matching funds pro -rated among participants, with those matching funds due from the City of Bonham in an amount not to exceed $ at the end of the fiscal year, to -wit: May 31, 1995; and WMAIEWS, the City of Bonham and other approving law enforcement agencies have indicated their desire to participate in and be a part of a cooperative investigative effort designated as Regional Controlled Substance Apprehension Program; THAT an application be made to the Office of the Governor, Criminal Justice Division, for a Texas Narcotics Control Program, 1994 Grant, and if such application for grant assistance is approved, the project is to be funded by 75% federal funds and 25% local funds with the matching funds to be pro -rated among participants with those matching funds due frcm the City of Bonham in an amount not to exceed $ o94', noy. a-o at the end of the fiscal year, to -wit: May 31, 1995. II. TEAT Jim Stiff, City Manager, be,' and he is hereby authorized and directed to execute an Agreement on behalf of the City of Bonham, Texas, as a member participant in the Regional Controlled Substance Apprehension Program, and such other documents necessary for the implementation and coapletion of said project. THAT this Resolution and Agreement will be subject to review on the anniversary date of June 1 of each year at which time the City will remain a member of the Regional Controlled Substance Apprehension program or may withdraw by Resolution. Presented and passed on the _ /yO day of I 1994 by a vote of ayes and _ ' meeting of the City Commission of the City of B nham,a Texas,gular BOB MICR AYOR JA4ELL WHITED, CITY SECRETARY t 910 TEXAS NARCOTICS CONTROL PROGRAM GRANT AWARD SPECIAL CONDITION COUNTY ATTORNEYCONTRACT WHEREAS, the Office of the County Attorney of Lamar County, Texas, and the City of Paris, Texas Task Force are desirous of entering into a contract between the parties regulating the disposition of property and monies (as defined by law) seized by the Task Force pursuant to civil and criminal statutes of the State of Texas; and WHEREAS, the parties to this contract are identified as the County Attorney of Lamar County, Texas (hereinafter referred to as the County Attorney) and the City of Paris, Texas '!Task Force, being that group organized pursuant to a grant by and.through the Texas Narcotics Control Program under the Anti -Drug Abuse Act of 1988 (hereinafter referred to as the Task Force); and WHEREAS, the County Attorney of Lamar County, Texas. has the duty to represent the State of Texas regarding Forfeitures of property pursuant to various civil and criminal statutes; and WHEREAS, the Task Force has a duty to provide law enforcement service with particular emphasis on controlled substance offenses; NOW, THEREFORE, it is mutually agreed by and between Lamar County Attorney and the Task Force as follows: 1. The County Attorney shall diligently pursue all Forfeitures which arise from operations initiated and investigated by the City of Paris, Texas Task Force. 2. Upon seizure of funds or property by the Task Force under the provisions of law, the Task Force shall provide for the custody of the seized funds or property until final disposition of the Forfeiture action. 3. Upon final disposition of the Forfeiture action, all funds and all property attributable to the efforts of the Task Force shall be awarded to the Task Force, the exception being certain Forfeitures referred to the Drug Enforcement Administration of the United States Department of Justice. 4. All property and funds awarded to the Task Force under forfeiture action represent program income (see Item 6, Section 1 of the "TNCP Grant Application and Administration Guidelines "). Up to the total grant award of $ A166, G 8'J. o o these funds shall be added to the funds committed to the project (Addition Method of handling program income) in accordance with the OJP Guideline Manual M7100.1D, page 36, par. 42.a(5). Any program income (forfeiture, etc.) in excess of the total grant award amount may be retained by the grantee with Criminal Justice Division approval and must be used for purposes that further the objectives of the project. 5. This agreement shall be in effect for the term of the Task Force grant award dates, June 1, 1994 to May 31, 1995. IT IS SO AGREED AND NOTED. WITNESS our hands this ti day of , 1994. ! &may: County Atto ey Tom D. Wells, III Lamar County, Texas Gran Karl City ce 912 TEXAS NARCOTICS CONTROL PROGRAM GRANT AWARD SPECIAL CONDITION COUNTY ATTORNEY CONTRACT WHEREAS, the Office of the County Attorney of Fannin County, Texas, and the City of Paris, Texas Task Force are desirous of entering into a contract between the parties regulating the disposition of property and monies (as defined by law) seized by the Task Force pursuant to civil and criminal statutes of the State of Texas; and WHEREAS, the parties to this contract are identified as the County Attorney of Fannin County, Texas (hereinafter referred to as the County Attorney) and the City of Paris, Texas Task Force, being that group organized pursuant to a grant by and through the Texas Narcotics Control Program under the Anti -Drug Abuse Act of 1988 (hereinafter referred to as the Task Force); and WHEREAS, the County Attorney of Fannin County, Texas has the duty to represent the State of Texas regarding Forfeitures of property pursuant to various civil and criminal statutes; and _ WHEREAS, the Task Force has a duty to provide law enforcement i service with particular emphasis on controlled substance offenses; NOW, THEREFORE, it is mutually agreed by and between Fannin County Attorney and the Task Force as follows: I. The County Attorney shall diligently pursue all Forfeitures which arise from operations initiated and investigated by the City of Paris, Texas Task Force. 2. Upon seizure of funds or property by the Task Force under the provisions of law, the Task Force shall provide for the custody of the seized funds or property until final disposition of the Forfeiture action. 913 3. Upon final disposition of the Forfeiture action, all funds and all property attributable to the efforts of the Task Force shall be awarded to the Task Force, the exception being certain Forfeitures referred to the Drug Enforcement Administration of the United States Department of Justice. 4. All property and funds awarded to the Task Force under forfeiture action represent program income (see Item 6, Section 1 of the "TNCP Grant Application and Administration Guidelines "). Up to the total grant award of $ , 6& !o0 'f', no these funds shall be added to the funds committed to the project (Addition Method of handling program income) in accordance with the OJP Guideline Manual M7100.1D, page 36, par. 42.a(5). Any program income (forfeiture, etc.) in excess of the total grant award amount maybe retained by the grantee with Criminal Justice Division approval and must be used for purposes that further the objectives of the project. 5. This agreement shall be in effect for the term of the Task Force g =ant award dates, June 1, 1994 to May 31, 1995. IT IS SO AGREED AND NOTED. WITNESS our hands this >> day of 1994. County Attorney Gra Prod ct 'rector 'Jim Moss Rarl L is Fannin County, Texas City of P)ra� , Texas Task Force 914 TEXAS NARCOTCS CONTROL PROGRAM GRANT AWARD SPECIAL CONDITION COUNTY ATTORNEY CONTRACT WHEREAS, the Office of the County Attorney of Red River County, Texas, and the City of Paris, Texas Task Force are desirous of entering into a contract between the parties regulating the disposition of property and monies (as defined by law) seized by the Task Force pursuant to civil and criminal statutes of the State of Texas; and WHEREAS, the parties to this contract are identified as the County Attorney of Red River County, Texas (hereinafter referred to as the County Attorney) and the City of Paris, Texas Task Force, being that group organized pursuant to a grant by and through the Texas Narcotics Control Program under the anti -Drug Abuse Act of 1988 (hereinafter referred to as the Task Force); and WHEREAS, the County Attorney of Red River County, Texas has the duty to represent the State of Texas regarding Forfeitures of property pursuant to various civil and criminal statutes; and WHEREAS, the Task Force has a duty to provide law enforcement service with particular emphasis on controlled substance offenses; NOW, THEREFORE, it is mutually agreed by and between the Red River County Attorney and the Task Force as follows: 1. The County Attorney shall diligently pursue all Forfeitures which arise from operations initiated and investigated solely by the City of Paris, Texas Task Force. 2. Upon seizure of funds or property by the Task Force under the provisions of law, the Task Force shall provide for the custody of the seized funds or property until final disposition of the Forfeiture action. 915 3. Upon final disposition of the Forfeiture action, all funds and all property attributable to the efforts of the Task Force shall be awarded to the Task Force, with the exception of Forfeitures referred to the Drug Enforcement Administration of the United States Department of Justice. -- 4. All property and funds awarded to the Task Force under forfeiture action represent program income (See Item 6, Section 1 of the "TTj('P Grant A Administration Guidelines,,). UP and p to the total grant award amount of $ �G 8, /, A7 pp these funds shall be added to the funds committed to the project (Addition Method of handling program income) in accordance with OJP Guideline Manual M71000.1D, Page 36, Par. 42.a(5). Any program income (forfeiture, etc.) in excess of the total grant award may be retained 'by the grantee with Criminal Justice Division approval and must be used for purposes that further the objectives of the project. 5. This agreement shall be in effect for the term of the Task Force grant award dates, June 1, 1994 to May 31, 1995. _ IT JS SO AGREED AND NOTED. WITNESS our hands this _ day of 1994. 1 unty Atto ey '� Jack Herrin ton Gran roj t 'rector Karl Lo is, Chief of Police Red River County, Texas City of P r s, Texas Task Force Rresolution No. 94 -023, resolving that the proposal presented by The Pace Group, entitled, "Paris, Texas Flexible Incentive Program, Business & Industry Expansion /Retention Program & Visioning ", be, and is hereby accepted, and further resolved that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the acceptance of said proposal, was presented. A motion was made by Councilman Jim Bell, seconded by Councilman John Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. RESOLUTION NO. 94-023 WHEREAS, the Paris Economic Development Corporation did, on March 3, 1994, accept the revised proposal of THE PACE GROUP, Tupelo, Mississippi, entitled, "Paris, Texas Flexible Incentive Program, Business & Industry Expansion /Retention Program, & Visioning" attached hereto as Exhibit A, which contains three tasks selected by the Board of Directors of the Paris Economic Development Corporation; and, WHEREAS, the Paris Economic Development Corporation has recommended said proposal to the City Council of the City of Paris for approval; and, WHEREAS, it is deemed to be in the best interest of the citizens of the City of Paris to approve said proposal as recommended by the Board of Directors of the Paris Economic Development Corporation and to authorize the City Manager to execute the acceptance of said proposal; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARiS, that the proposal presented by THE PACE GROUP, entitled, "Paris, Texas Flexible Incentive Program, Business & Industry Expansion /Retention Program & Visioning ", be, and is hereby accepted in the form attached hereto as Exhibit A; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the acceptance of said proposal. PASSED AND ADOPTED this 10th day of March, 1994. orge isher, Mayor ATTEST: Mattie Cunninghanri, City Cle k APPROVED AS ORM: T. K. Haynes, City Attorney 916 917 Proposal for: Paris Texas - Flexible Incentive Program Business &Industry Expansion/ Retention Program Visioning Presented by The PACE Group March 1994 EXHIBITA �" March 4, 1994 The Honorable Mayor George Fisher & City Council Members P.O. Box 9037 Paris, TX 75461 -9037 Dear Mayor Fisher and City Council Members: Enclosed is the revised proposal with the three tasks your Paris Economic Development Corporation has selected. We commend these leaders for their insight in making a practical recommendation to you for your review and approval. The cost for these three items is $36,500 plus expenses. We will do everything possible to keep expenses to a base minimum. The PACE Group looks forward to working with you and the tine citizens of your community. If you have any questions or concerns please feel free to call as at (817) 924 -0660 or (601) 842 -1818. Sincerely, John M. Lovorn, Jr., C.E.D. President cc: Mr. Philip R. Cecil Mr. Curtis Fendley Mr. Eric Clifford Mr. Barney Bray, Ill Mr. Leon Williams Brenda Shull, Ph.D. Senior Vice President TASK I FLEXIBLE INCENTIVE PROGRAM The PACE Group will design a Flexible Incentive Program Guide for the PEDC. Working with the PEDC Board, we will recommend the best approach for evaluating potential projects based on a cost/benefit analysis for existing industry and new firms. We will review other cities such as Athens, McKinney, Carthage, and Henderson, and present findings on the Do's and Don'ts of this suggested Flexible Plan. We will provide weighted options based on jobs created. The Summary Report will provide clear and concise bullet -point recommendations on best practices. It will also include areas to avoid which could cause embarrassment for the PEDC and the City Council. TASK II BUSP4ESS RETENTION AND EXPANSION PROGRAM Critical to any economic development plan is the retention of existing industry. Traditionally the greatest area of economic growth is within the expansion programs of existing industry. Therefore, great efforts must be expended in current industry. Reasons for a strong business retention and expansion program are as follows: • Research has clearly shown that most expansions take place at existing locations or within 50 miles of existing facilities. • Working with existing businesses costs less than recruiting new business locations. The cost per job created is much less for the existing business expansion programs compared to the recruitment of new businesses. • Existing businesses are already supplying jobs, tax base, and other benefits to the community and deserve attention. 3 Existing businesses are the best ambassadors for attracting new Finns. Prospects typically *will discuss the business climate with existing firms. Existing businesses are the best indicator of the health of the local economy. Local retention and expansion programs can influence an existing firm to remain and/or expand. Such programs can mean the difference between losing, retaining or gaining jobs and investments. These reasons may be briefly summarized by the following quote: "...the first order of the economic development business must be to keep the existing companies happy where they are, so that they do not become another community's target." An effective business retention and expansion program will have one significant benefit -- the support and creation of new jobs, investments, tax base and expansion of personal income and wealth. Other benefits from a program include: • Provision of an "early warning" system for companies in trouble and identification of companies in need of assistance for expansion. • Information on the competitive position of the community. A source of referrals to other companies looking for new locations or suppliers to existing companies that may be recruited. • Demonstration of community's pro business climate. • Provisions of a channel of communications between local companies and community leadership. 4 920 921 The PACE Group recommends: • The development of a Business Retention Survey which would be approved by PEDC Board to use in interviewing the TOP 20 firms in your community. • The origination of specific strategies, after the interviews, to best create new jobs from your existing industrial base. Example: XYZ Corporation Group Vice President of Manufacturing would be based in Chicago. A strategy that could be recommended is that the Mayor or a PEDC Board Member visit with this individual by the third quarter of 1994 with documentation on labor availability and costs compared to other sister facility loca- tions that could be competing for additional products in their facility. The PACE Group will assist in preparing the proper data to effectively sell Paris to the home office of your existing firm. TASK III PEDC WORKSHOP WITH COMMUNITY AND INDUSTRY LEADERS Diverse groups have different needs and objectives. For government officials, the result of strategic planning is to achieve areas of agreement among diverse constituencies in order to bring about desired change. For businesses and industries, the result of strategic planning is to maximize profits. For educators, the result of strategic planning is to fulfill the need for a skilled work force. 5 Strategic planning allows area people and organizations to have a voice in the planning process, which allows for ownership of the results. Total area participation is the only way to ensure success of strategic planning. Strategic planning works best when there is a balance between dealing with the present and preparing for the future. Concerned citizens must work together toward the simultaneous planning and implementation of current and future goals. This project will result in recommendations of strategies to further diversify the economic base of Paris. The method used to facilitate this process will be The PACE Group's own process of planning which analyzes the forces which impact the fields of concern. Scope of work for TASK III Our work will begin with leaders of Paris Key business leaders, public officials, educators and interested citizens, to accomplish the following objectives. • Identify goals and objectives • Develop Leadership Survey • Determine roles and responsibilities of.teams • Institute timelines 51 922 923 Q 1994 In TASK 1U, The PACE Group recommends, .Participation Achieves 370mmitment and Excellence, a five step process to address specific questions that will lead to proactive implementation. 1 • PRACTICAL VISION: What are our community goals? What does this community want to look like five years from now? 2. RESTRAINING FORCES: What restrictions are preventing our community from the realization of our vision? DRIVING FORCES: What are the positive factors presently moving our community into the scope of our vision? 3• STRATEGIC DIRECTIONS: What activities will minimize the restraining forces? What actions will release the driving forces and allow the practical vision to come into being? 4. STRATEGIC ACTIONS: What specific actions will implement the Strategic Directions? S. IMPLEMENTATION TIMELINE: What tasks are required to implement this actions? How will they get done? By whom? When? Where? 7 Suggested Processes 1. Short Term Bring' area citizens and key business leaders together to develop consensus identifying issues and concerns which need immediate attention. 2 intermediate Involve the pedc to set priori ties for key projects which they will identify, plan and implement. 3. Long Term A long term agenda of concerns should be developed. These concerns should be ranked ordered. As many citizens as possible should help in developing and implementing pilot programs which will establish important capacities for change within the thinking and operations of the community. While specific short-term action is being developed to deal with pressing problems, many people must be networked to prepare PEDC and Paris for continued growth and development. , Key business leaders and interested citizens must take the time to become familiar with future trends. The key ingredients of this process will depend on local leaders and their desire to implement their own chosen goals, objectives, and strategies. The PACE Group will facilitate the strategic planning process in cooperation with the business leaders and public officials of PEDC. Our understanding of your needs is that you seek to accomplish the following: • Empower PEDC to set its own vision • Empower PEDC to set short-range goals and long -range goals • Empower PEDC to establish its own implementation timeline to accomplish goals and strategies 8 4 925 Project Feqs 1. Design a Flexible Incentive Program Guide for the Paris Economic Development Corporation (PEDC) Board Members . Cost: $14,500 plus expenses 2. Develop a first -class Business and Industry Expansion/Retention Program for PEDC Board Members. Cost: $14,500 plus expenses 3. Facilitate a visioning conference to build consensus and develop short and long- — range goals and objectives for Paris. Cost: $7,500 The total price for this plan is $36,500 plus expenses. 9 THE PACE GROUP OUT -OF- POCKET EXPENSES TO BE BILLED 1. Airline Tickets - We will fly coach and will strive to get the lowest fare. 2. Motels - We will stay in whatever motel you select for us. 3. Food - We normally eat on the road from places like McDonald's, Hardee's, etc. Occasionally, with the PEDC Chairman's approval, we may eat at a nice restaurant after a long day. 4. Overnight shipping, postage, etc. 5. Telephone - We provide a detailed bill with actual calls made. 6. Rental Car - We use Budget and would rent a mid -sized car. 7. Personal Vehicle Mileage - Tupelo to Paris: 470 miles one way. Ft. Worth to Paris: 180 miles one way. We ask to be reimbursed on car mileage according to the city's established rate. Normally our projects vary from 23 to 28¢ per mile. We will drive from Tupelo or Ft. Worth unless the Chairman authorizes us to fly in an urgent situation. We do not expect expenses to run high on this project. The following information shows expenses on a typical trip. J. Lovorn/L Hicks: 950 x 26¢ = $247.00 B. Shull: 360 miles x 26¢ = $93.60 3 nights lodging for 2 people: $225 Food: $20 per day per person Miscellaneous: $25.00 10 926 92! Authorization To authorize this project, you may issue a letter of acceptance or a purchase order, attaching a copy of this proposal for reference. Alternately, this proposal can serve as a contract by your signing a copy and returning it to us. We look forward to working with you on this project, and are prepared to begin. March 22, 1994. Sincerely, The PACE Group John M. Lovorn, Jr., C.E.D. President Brenda Shull, Ph.D. Senior Vice President ATTEST: Mattie Cunningham, City C er APPROVED AS TO FOP11: T. K. Haynes, City Attorney Authorized and Accepted by: (Name) (Title) (Company) (Date) CITY OF PARIS, PARIS, TEXAS Michael E. Malone, City Manager It 928 City Manager Malone advised the Council that the next item on the agenda was a resolution authorizing the execution of a hanger lease with Larry Townes at Cox Field Airport. City Attorney Haynes said that the hanger lease is not yet ready, the information from the desiring party is being passed through his attorney who will come up with a lease that can be recommended to the Council. Eric Clifford, Attorney representing Mr. Townes, was present telling the Council that Mr. Townes proposed to bring in several jets. Mr. Clifford said they gave the City a runway extension in the Master Plan and in the next few years if we can justify a use for it, and on the annual survey based aircraft comes in, we tell_ them how Campbell Soup and Merico comes in to this airport in G2's and G3's, but this is marginal airport for that aircraft. We tell them about the 17 companies that come in here with Turbine Power Aircraft, and the next question is, how many do you have based there and it shoots us down. Until we have turbine powered aircraft based here, we probably are not going to get the grant for the runway extension and a lot of other improvements on the airport including possible instrument landing system. If Mr. Townes is successful on negotiating a lease and bases his aircraft at the airport, you will see an influx of four to five people coming in here working on and flying them. Mr. Clifford said the City should see an increase in fuel flowage fee because the fuel is cheaper in Paris. Mr. Clifford said this would allow us to open the door and make a good hard run at some additional runway space and improvements to the airport, because we will then be able to go to the Texas Department of Transportation and FAA, and say look, what we have here is, we have aircraft based here, we have a runway that is marginal with, and can not be used on a hot day, we can not put full fuel and full people on it on a hot day. That problem is already presenting itself with some aircraft now. Mr. Clifford requested the Council to table action on this matter, and bring it back next month. After further discussion, a motion was made by Councilman Shelton to table action on this item. The motion was seconded by Councilman John Bell, and carried 5 ayes, 0 nays. City Manager Malone advised the Council that the next. item on the agenda is a resolution granting the Reno Volunteer Fire Department authorization to create a rural fire prevention district which would include specified portion of the extraterritorial jurisdiction that the City of Paris now provides for and bring boundaries to the City of Paris City Limits, but the City Clerk has informed us that we have not authorized the City Attorney to prepare a resolution at a previous meeting. City Attorney Haynes said that if the Council desires for this to take place, there should on a motion telling us to prepare the resolution. City Attorney Haynes he understands that we have to negotiate or determine what conditions under which we want to agree to this, and he was looking for more information on the subject. A motion was made by Councilman Jim Bell authorizing preparation of a resolution, and have in the contract that the Council be able to recover any portion of the extraterritorial jurisdiction at any time. The motion was seconded by Councilman John Bell, and carried 4 ayes 1 nay, Mayor Fisher voting no. City Attorney Haynes presented the following petition for rezoning: R. P. Woodby, Lots 1, 2, 3, and 4, Block 1, Lamar Terrace Addition, from SF -2 District to General Retail District; Bobby Smallwood, Lot 12, City Block 321, from Commercial District to Commercial and Specific Use Permit - Auto Fuel Sales. Mayor Fisher Commission for April 4, 1994, referred the petitions to the their study and recommendations and before the City ` :•i►nci 1 April 7, Planning and Zoning at their meeting on 1994. Mayor Fisher announced that the Council would go back to Item No. 18B, Personal Appearances - Ms. Vicki Horne, 215 33rd S. E., regarding smoking in public places. Ms. Vicki Horne, 215 S. E. 33rd, came forward asking the Council to wake up and realize what they as City Councilmembers have been doing. Ms. Horne became upset, and could not continue. City Manager Malone read Ms. Horne's statement as follows: "As you know, I am very much against smoking. Why? because I care about life. Not just mine, but the life of others as well. It has been proven smoking is very hazardous to the lives of all .human beings - the smokers, as well as, the non - smokers. It increases health problems for many, and can cause health problems for all. How do I know? Experience, there are many today suffering in various ways because of tobacco smoke. Not just physically, but mentally, and emotionally as well. Their families suffer with them. I can not go out for enjoyment without fear, restaurants, volunteer work, stores of any .kind, skate land, grocery stores, bowling alley, ball games, office buildings, library, schools. Is it right? Why are you on the City Council? Ego, money, power, if you care show it! Enforce it! ".. Mayor Fisher advised the Council that he had spoken with Ms. Horne about smoking in public places, and at that time I told Ms. Horne that we had asked the Chamber of Commerce to pose this same question to business establishment in Paris, and to get back with us. City Manager Malone told the Council that his secretary has collected the information from the Chamber, and he was sorry it is not available tonight, but there were. responses, there were mixed responses unfortunately the poll was not scientific in the sense that all businesses were surveyed, and I think that is what our intent was. We had a mixed response, there were a lot of citizens who smoked that thought they should be allowed to smoke in public places, and there were a lot of citizens who smoked and thought there should be some. limitations placed. City Manager Malone said he would furnish the Council with that information and the media if they wish to have the results. City Attorney Haynes told the Council that some of the ordinances that have been passed other places that are in the newspaper only permits you to have smoking in public places if you have adequate ventilation systems that will remove the smoke from the premises where non - smokers will not be subject to second hand smoke, but the individual right to limit smoking in their concerns. Councilman Jim Bell said we need to go further and establish that the business would have to be properly posted, no smoking, like the handicapped parking, specify the signs, where they are to be posted, specify a fine for violation, but it is important the individual 930► businesses be able to declare they are a smoking or non - smoking facility, or designated smoking areas only, and they be properly vented if they do. Councilman Bell said he felt that is would be proper for the Council to take it upon itself to write an ordinance that would prohibit smoking in City owned buildings, but not go as far as public buildings because it is not our job to police the Courthouse, and define the other buildings, but we should look at City owned buildings, and if we need to designate a couple of areas that are total private for the employees that are nothing more than smoke rooms with large j fans, if we've got to do it that way. Councilman Jim Bell also suggest that the ordinance should look at a business establishment who is inviting. people in would also post themselves as a smoking facility, not just a non - smoking one, so that people that might have an allergic reaction will be properly notified. City Attorney Haynes advised that the existing ordinance that the City of Paris has covers the City of Paris buildings, and it requires that it only be permitted in designated areas that do have adequate ventilation. Mayor Fisher asked Steve Burgin, Fire Chief,.:4.to call for an ambulance to assist Ms. Horne. The consensus of the Council was that businesses be properly posted, and the ordinance is to specify a fine for violation. Mayor Fisher announced that the Council would take a short break. Mayor Fisher reconvened the Council meeting at 7:40 P. M. Ray Banks, 325 25th N. E., appeared before the Council regarding the possible land swap :between the City and Dr. Swint, and requested that Dr. Swint be required to furnish at his expense an appraisal on both pieces of property. Williams Conder, 404 4th N. W., appeared before the Council discussing the smoking ordinance with the Council. Mr. Conder said there is nothing that you discussed or proposed that he though was really should be objectionable, even the smokers, and the only thing that he objected to on the ordinance is if the City Council tries to go to the point that some other cities have of trying to go with every business in the private sector and say we are going to set your smoking and non - smoking policies for you. Councilman Shelton suggested that a clause be placed in the proposed land swap between Dr. Swint and the City, that the City can.not be sued. City Attorney Haynes reported that he had furnished the Council with a memorandum regarding the Loop property and stated the intentions of what we were doing based upon what the Council had told us to do if we are going to market the property on the Loop that we need to get an EPA clearance. If we do not get further instruction, we will presume that I 931 procuring the EPA clearance to make it marketable is part of the Council's directions. It was the consensus of the Council for the City Attorney to present a resolution authorizing procurement an EPA clearance on the Loop property. There being no further business, the meeting adjourned. G /`-w J GE GE ISH R, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK 932 MINUTES OF THE PLANNING AND ZONING COMMISSION MARCH 7, 1994 The Planning and Zoning Commission of the City of Paris, Texas met in regular session Monday, March 7, 1994 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Reeves Hayter - Chairman 5. Barbara Gann 2. Nadine Ausbie 6. Marshall Rent, Jr. 3. Eric Clifford 7. Joe McCarthy 4. Curtis Fendley 8. Louis Yates, Jr. Also present were Earl Smith, City Engineer and Joe McCollum, Director of Community Development. Chairman Hayter called the meeting to order and the Minutes of February 7, 1994 were approved as presented. Chairman Hayter declared the public hearing open on the petition of Ken Coffey for a change in zoning from a Two Family Dwelling District (2F) to a Commercial District (C) on Lots 3 and 3 -A, City Block 227 -E located at 1933 and 1943 Pine Bluff Street. Mr. Coffey was present and told the Commission his proposed construction of a 40':X 80' metal building to house his appliance repair and automotive air conditioning repair business would improve the area by getting rid of 2 dilapidated houses. Carolyn Whelchel, realtor for the property also spoke in favor of the change saying it would be an improvement and increase the tax base of the City. No one else was present to speak and the public hearing was closed. Mr. McCollum introduced a letter from Mrs. Tony Booth, owner of property at 1958 Pine Bluff, objecting to the zoning change. The Commission discussed the difference in General Retail Zoning and Commercial zoning and the option of a Planned Development - Commercial designation for the lots. Following discussion, a motion was made by Ms. Ausbie, seconded by Mr. McCarthy, to recommend denial of the petition. The motion carried 6 ayes, 2 nays. Mr. Clifford and Mr. Fendley voted nay. Chairman Hayter opened the public hearing on the petition of Sam Bolton for a change in zoning from an Agricultural District (A) to a Commercial District (C) on Lot 2, City Block 341 located on the east side of Church Street, approximately 300 feet south of Loop 286 S.E. 933 2 Mr. Bolton told the Commission that he owned a one acre tract of land north of the proposed zoning change and had a contract to buy _ the property from Hollis Topping. He said he needed it to increase his frontage on the highway for a proposed convenience store. No one else was present to speak on the matter and the public hearing was closed. A motion was made by Mr. Clifford, seconded by Ms. Ausbie to recommend approval of the change. The motion carried 8 ayes, 0 nays. Chairman Hayter declared the public hearing open on the petition of David Hicks for a change in zoning from a One Family Dwelling District No. 2 (SF -2) and a Two Family Dwelling District (2F) to a Commercial District (C) on Lots 1, 2, 8 and 9, Block 2, S.J. Wright Addition located on the west side of 16th S.W. between Bonham Street and Kaufman Street. Mr. Hicks was present and told the Commission he planned to expand his tire and muffle shop to the east and had purchased the lots for this purpose. There were three area residents present but they offered no opposition to the proposed change and the public hearing was closed. Following discussion, a motion was made by Mr. Fendley; seconded by Mr. Clifford, to recommend approval of the petition. The motion carried 8 ayes, 0 nays. Chairman Hayter next called the public hearing on the petition of Richard Powell for a change in zoning from a One Family Dwelling District No. 2 (SF -2) and Specific Use Permit - Plant Nursery to a Combination Planned Development - Commercial District (PD-a.1) and Planned Development - Housing District (PD -b) on Lots 9, 9A, 10, 11, 12 and 13, City Block 259 located on the north side of E. Cherry Street at the intersection of Collegiate Drive. No one was present to speak for or against the petition. Chairman Hayter ask for a motion to table until the applicant could appear. Motion was made by Mr. Kent, seconded by Mr. McCarthy to table and continue the hearing on the matter at the next meeting. The motion carried 8 ayes, 0 nays. Mr. Fendley ask to be excused from the meeting due to conflict on the next item. Motion was made by Mr. Clifford, seconded by Mr. Kent to excuse Mr. Fendley. Motion carried 7 ayes 0 nays. Chairman Hayter declared the public hearing open on the petition of St. Joseph's Hospital for a change in zoning from a Two Family 934 3 Dwelling District (2F) to an Office District (0) on Lot 11, Block 1, Central Park Addition located at 860 E. Austin Street. Lonnie Dear spoke for the petition saying the Hospital had purchased the house and planned to use it as is for offices for two departments of the hospital. There was no one present in opposition and the public hearing was closed. A motion was made by Mr. Clifford, seconded by Mr. Yates to recommend approval. The motion carried 7 ayes, 0 nays. Mr. Fendley rejoined the meeting at this time. Chairman Hayter asked to be excused from discussion of items 7,8,9 and 10 due to conflict of interest and Mr. Clifford ask to be excused from discussion of items 7,9, and 10. They were excused on a motion by Mr. Fendley, seconded by Mr. Rent. Chairman Hayter requested Mr. McCarthy to chair the meeting for the next four items. The Final Plat of Oak Creek Phase IV was recommended for approval on a motion by Mr. Fendley, seconded by Mr. Yates subject to the requirements of the City Engineer in Memorandum dated March 7, 1994, Marked Exhibit A and attached hereto. The motion carried 6 ayes, 0 nays. - The Final Plat of the Jackson Court Site for the Paris Housing Authority was recommended for approval on a motion by Mr. Clifford, seconded by Mr. Kent subject to the requirements of the City Engineer in Memorandum dated March 7, 1994, Marked Exhibit B and attached hereto. The motion carried 7 ayes, b nays. The Revised Master Plat for the Oak Creek Development was recommended for approval on a motion by Mr. Fendley, seconded by Mr. Yates subject to the requirements in City Engineer's Memorandum dated March 7, 1994, Marked Exhibit C and attached hereto. The motion carried 6 ayes, 0 nays. The Preliminary Plat of Oak Creek Phase V was recommended for approval on a motion by Mr. Fendley, seconded by Mr. Yates subject to the requirements of the City Engineer in Memorandum dated March 7, 1994 marked Exhibit D and attached hereto. The motion carried 6 ayes, 0 nays. Chairman Hayter and Mr. Clifford rejoined the meeting at this time and there being no further business to consider, the meeting was adjourned. f>. oe N. McCollum Secretary, ex- officio 001 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL March 24, 1994 The City Council of the City of Paris met in special session, Thursday, March 24, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor George Fisher called the meeting to order with the following Councilmembers present: Don Shelton, Jim Bell, Millie Ingram McDonald, Wayne Brown, and John Bell. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Mayor Fisher announced that the special meeting was called for the purpose of discussion regarding the residency requirements and legality of Councilman Jim Bell's service on the Paris City Council. City Manager Malone advised that this item was tabled at the October 11, 1993 City Council meeting, and should the Council wish to consider this matter tonight, a motion to bring this item from the table is required. A motion was made by Councilwoman McDonald, seconded by Councilman John Bell to bring the above item from the table. The motion carried 5 ayes, 1 nay, Councilman Jim Bell voting no. Councilman Jim Bell said he would address the issue if there were questions that anyone would like to make, but pointed out that this is not a public hearing, it was not advertised as such, and appropriately only certain people would know to be here if they were invited personally, and he did not think that it is appropriate for the public to have input without a public hearing, if you wish to postpone it and have a public hearing properly advertized as such. Councilman Jim Bell referred to a letter dated September 30, 1993, from the Secretary of State that he has given a copy of to most of the Councilmember over a period of time. Mr. Bell read the, following excerpts from the letter. "Concerning the residency requirement it is considered and long standing interpretation of this office that the majority of Texas Courts have found the question of residence to be a mixed question of law in fact which must be judicially determined. As a City is empowered as a fact finding tribunal, the City Council has no authority to declare a candidate ineligible based on the residence requirements. The question is more properly brought to a District court ". Mr. Bell said this is based on a question that he addressed to the Secretary of State, not the Attorney General, The Attorney General might be a more appropriate person to address the question to, this was from the Secretary of State which does have the authority over elections. Mayor Fisher asked City Attorney Haynes if he has information pertaining to what the City Charter says regarding the eligibility of a City Councilperson should be? City Attorney Haynes said he had several items of information that has been furnished on previous occasions to the Council, and there may be one or two that have been added since that time. The original presentation was in October 1993, at the same time that item was on the agenda. City Attorney said the Charter of the City of Paris which is the instrument under which this government was formed requires that a person who wishes to offer himself to be, or herself a Councilperson must be a bona fide resident of the ward in which they are running. Also, in a section that talks about what the Council does when it fills a vacancy should there be a death or resignation it says vacancy on the Council shall be filled by a majority vote of the remaining members of the council, by the selection of a person possessing all the qualifications prescribed by section 1 (17) of this article, who shall be a bona fide resident of the ward in which the vacancy occurs. City Attorney Haynes said the definition of bona fide in the Black Dictionary and accepted authority for definitions with regard to legal matters, says in and with good faith, honestly, openly, and sincerely without deceit or fraud. City Attorney Haynes said also in the Charter, Section 30 - Council is to judge the qualifications of its members - The Council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witness and require the production of records, but the decision of the council in any such case shall be subject to review by the courts, as Mr. Bell has allude to. City Attorney Haynes said that in many sections of laws of the State of Texas that deal in the area in which we are in, the Election Code which the Secretary of State gives its authority to assist and direct the holding of elections in the State of Texas under Section 141.003, age and residence requirements for home -rule city office (a) Different age and residence requirements from those prescribed by Section 141.001 may be prescribed by a home -rule city charter, but a minimum age may not be more than 21 years and a minimum length of residence in the state or city may not be more than 12 months immediately preceding election day. If there are provisions in the charter that go beyond what is permitted in that section, then those sections of the charter is void. City Attorney Haynes said that ours do go beyond that, so our charter does not control those matter in our city but section 141.001 of the election code does, and it says - To be eligible to be a candidate for, or elected or appointed to, a public elective office in in this state, a person must: (1) be a United States citizen; (2) be 18 years of age or older on the first day of the term to be filled at the election or on the date of appointment, applicable; (3) have not been determined mentally incompetent by a final judgement of a court; (4) have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities; (5) have resided continuously in the state for 12 months and in the territory from which the office is elected for six months immediately preceding the date; City Attorney said that has already happened in Mr. Bell case, he has already been elected and was a residence under the election code at the time he was el.ected. Councilman John Bell wanted to know if the Election Code addresses after he was elected. City Attorney advised that under Section 30 of the City Charter states that the council shall be the judge of the election and qualifications of its members, and under Section 17, Qualifications each of the seven councilmen shall be a citizens of the United States and a qualified voter of the State of Texas; shall have resided, and the last sentence of that section states, a member of the council ceasing to possess any of the qualifications specified in this section or any other section of this charter, or convicted of a felony while in office, shall immediately forfeit his office. City Attorney Haynes explained that if a Councilmember became convicted of a felony during their term, the day that person was convicted, it would not require action of anybody to dismiss you, you would have lost it as of the time that happened, so if the Council were to determine and find that one of it's members was no longer a boni fide resident of the city, then on the day they found that to have happened would be the day that the person would have lost the qualifications, and at that time, the action outside of the council is what determines what happen, and when it happened. Mayor Fisher asked about a homestead exemption, and how does that play into what the City Charter says. City Attorney Haynes advised that Mr. Jim Bell made an affidavit that has been furnished, wherein he designated his residency outside the city as his homestead. In the same affidavit he also stated that his principal place of residence and abode is claimed and designed and set aside by us to be our principal residence, to the exclusion of any other property owned, claimed, or held by us at 2221 Lamar. City Attorney Haynes said that in the determination of what a homestead is, it is my opinion that this affidavit, you can not say your residence is one place and your homestead is another place. City Attorney Haynes explained that residence is a part of homestead, you have to live (live is not a legal term), it has to be your home, they talk about it being your home. There are other cases that have said where your wife and children live, and an occasional use is not sufficient to constitute property a homestead, and the mere fact that a homestead claimant on occasion uses the premises as the place of his home will not impress the property with the homestead character, so for it to be a homestead it has to be your primary place of residence. Councilman Bell requested that Mr. Haynes explain further that if a person owns a piece of property, it will automatically become a homestead. City Attorney Haynes said in answer to what -Mr. Bell's questioned about living in a place you owned as to what it has to do with it being your homestead, you would have to reside there, or you would have to be intending to reside there and be preparing it. Councilman Bell said the word intent for determination of residency is all through everything that has come out of the Secretary State, it is intent, and for anyone else to determine my intent, it is going to take a court of law. Councilman Bell said he would be willing to submit to another opinion, and that being the Attorney General, if this Council wishes to go that route. City Attorney Haynes said, in Mr. Bell's case the intent is not an important factor with regard to homestead, and the reason it is not is because you already have a home on the property outside the city. Those cases deal with that intent are people that bought land intending to build a house on it, primarily rural, and Mr. Bell's does come under the definition of rural since it is not served by City Police. The reason for that occupancy being required is prohibit someone from fraudulently claiming a homestead to defeat a creditor in a place where they really did not have a homestead. That is the primary thing that the cases talk about in that area, but where people make designations which happens regularly they designate one place a homestead so they can borrow money on another place, and they are able to borrow money on another place when they have designated the other place where they live as their residence homestead. The definition of residence in the Secretary of State's Law is as follows "In this Code "residence" means domicile, that is, one's home and fixed place of habitation to which he intends to return after any temporary absence (b) residence shall be determined in accordance with the common -law rules, as enunciated by the courts of this state, except as otherwise provided by this code. (c) A person does not lose his residence by leaving his home to go to another place for temporary purposes only, (d) A person does not acquire a residence in a place to which he has come for temporary purposes only and without the intention of making that place his home, (e) A person who is an inmate in a penal institution or who is an involuntary inmate in a hospital or eleemosynary institution does not, while an inmate, acquire residence at the place where the institution is located ". That is the total definition of residence as stated in the section under residence of the Election Code, and the important part of that is a person can go from his home temporary to another place to seek employment, or be in hospital, or do whatever is necessary and come back home and never lose that homestead. Councilman Bell said it was his intent, that he has lived in several place in the past 13 years, and almost between each and everyone of them 2221 Lamar has and is my place of residence, the Texas Department of Public Safety advised me to declare that so he would not have to change his drivers license, the voter registration is there, it is his intent, and it is what Mr. Haynes read. Mr. Bell said the house on 195 has been shown a number of times, it has been offered for sale, and it is the intent that is important, now I can not answer any questions anymore than go by the law. To judge anything other than my intent, would require a District Judge. Mr. Bell said he would prefer it would be the Attorney General as the Attorney General would have some weight in their opinion. Councilman Bell said it is a question that he is willing to submit on that basis, and felt that it would be fair, and would appreciate the fact that his attorney be in consultation with him. At this time Mayor Fisher asked Councilman Bell if he would like to resign from the Council. Councilman Bell answer no, that he has had too many people calling him and voicing support. Councilman Bell said that at some point he could not tell the Council that he would would not consider a resignation, but not at this point, he felt it was in the best interest of his continuants, he was representing 7,000 people, and the vast majority of the call he has received were in support of this matter. Mayor Fisher said it was his recommendation, and he had asked Councilman Bell for his resignation because of what our Charter states that we are the police of our councilmember. Councilman Bell does not think he is in violation of the City Charter, so it will probably be up to the City Council as to whether he retains his seat on the Council, and he has the right, if he so desires, to take the Council the District Court. We also have a compliant filed by the NAACP who basically states the same thing, that we are practicing double standards. Mayor Fisher said he hated to see a Councilmember put the City in a position where we have to defend the action of one person because they choose to live outside the city limits, and asked Councilman Bell again to reconsider and would he like to resign from the Council tonight. Councilman Bell replied - "Mayor, I told you that I would consider it, but you will not receive a resignation tonight, and I have asked to meet with Mr. Battle through the City Manager, he denied that, but tonight he told me that he would talk to me, and I assume that he is a man of his word, there is a question concerning a double standard, and needs to be brought out, and I don't mind bring them out in private, I don't want to bring them out in public, but there could in fact be a sheer case of discrimination here, and I don't think we need to discuss it. I will be happy to meet with them, and we can go from there, the matter can be brought up later. I will submit to an Attorney General opinion if my attorney is involved in asking the question, and he was making those offering tonight to help settle the matter ". Mr. Charles Battle representing the NAACP came forward telling the Council that it was his intention to meet with the City Council and let them make the decision on this matter because we felt that we could. Mr. Battle stated that it is in the power of the City Council to make a decision to solve this problem. Mr. Battle said the NAACP was ready to bring their attorney here to, because the letter we sent to the City Council explains itself. Mr. Battle stated that the NAACP feels that Mr. Bell is living out of the City, and feels that this is wrong. Now, if the Council and Mr. Bell wants to meet with this Executive Board or ours, we are willing to sit down and talk and try to work this out, one on one we will not do it. Charles Fullbright, a future Councilman, was present saying that one of the things that he is hearing is that we have a City Charter that we go by, or we have been going by, we have a City Attorney that more or less guides the Council in the right direction, then the City Attorney is telling us one thing, but we do not want to hear that, we want to go to the Attorney General, think about it, you have every thing you need right here, why go outside the City when you have the Charter. Mr. Haynes has more or less said that Mr. Bell is outside the city limits, and that disqualifies him as being a Councilmember. After a considerable amount of discussion, a motion was made by Councilman Brown to table action on consideration of and action on Councilman Jim Bell's continued service on the Paris City Council until the regular Council meeting on May 7, 1994. Councilman Shelton seconded the motion, and stated that he would like to see more information developed, and would like to get a ruling from the Attorney General with input from all parties. He thought if all parties abided by that, it would be fair, and it would be cheaper on all of us, the NAACP would have their attorney involved, and Mr. Bell would have his attorney involved. After further discussion, the motion carried 4 ayes, 2 nays, with Mayor Fisher and Councilwoman McDonald voting no. Councilman Jim Bell departed the council chambers at this time. Resolution No. 94 -024, resolving that the City Council of the City of Paris, that the bulletin board located in the entrance way of the City Hall Annex at 150 1st Street S. E., be and the same is hereby, designated as the official bulletin board of the City of Paris, Paris, Texas, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman John Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 007 RESOLUTION 94 -024 WHEREAS, the City Council of the City of Paris continues to support open government and the tenets thereof; and, WHEREAS, the official bulletin board had, for many years, been located in the entranceway to the lobby of City Hall; and WHEREAS, it is deemed appropriate that the official bulletin board of the City of Paris be relocated to the entranceway of the City Hall Annex at the northwest corner of the intersection of Kaufman Street and lst Street S.E., said entranceway being located in the southeast corner of the City Hall Annex building, at ground level; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bulletin board located in the entranceway of the City Hall Annex at 150 1st Street S.E. be, and the same is hereby, designated as the official bulletin board of the City of Paris, Paris, Texas. PASSED AND ADOPTED this 24th day of March, 1994. G orge fisher, Mayor ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: Hayne , City Attorney Resolution No. 94 -025, resolving that it does hereby accept the Assignment and Amendment to Earnest Money Contract - Commercial Unimproved Property from Bobby Smallwood and Glenn Townes to Terry Kilgore and wife, Linda Kilgore, that the Mayor of the City of Paris, George Fisher, be, and he is hereby, authorized and directed to execute on behalf of the City of Paris the Assignment and Amendment to Earnest Money Contract, and further resoling that the City Attorney, T. K. Haynes be, and he is hereby, authorized to procure a class 1 and 2 environmental assessment on Lot 6, City Block 276, and Lot 2, City Block 322, as needed, was presented. A motion was made by Councilman Shelton, seconded by Councilwoman McDonald for approval of the resolution. The motion carried 5 ayes, 0 nays. 008 RESOLUTION NO. 94 -025 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 93- 110, passed on October 28, 1993, accept the bid presented in the form of an Earnest Money Contract - Commercial Unimproved Property from Bobby Smallwood and Glenn Townes, dated June 30, 1993, and authorize preparation of a deed for Lot 6, City Block 276, being 4.14 acres, more or less; and, WHEREAS, Bobby Smallwood and Glenn Townes are no longer desirous of continuing with said Contract and have requested the City Council of the City of Paris to approve the execution of an assignment of the Earnest Money Contract - Commercial Unimproved Property to Terry Kilgore and wife, Linda Kilgore; and, WHEREAS, it has been brought to the attention of the City Council that Lot 6, City Block 276, and Lot 2, City Block 322, have heretofore been used as a trash dumps and burn sites, and that the marketability of said lots is in question and could be improved by the procurement of class 1 and 2 environmental assessments, as needed; and, WHEREAS, the City Council desires to continue to contract for the sale of said property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that it does hereby accept the Assignment and Amendment to Earnest Money Contract - Commercial Unimproved Property from Bobby Smallwood and Glenn Townes to Terry Kilgore and wife, Linda Kilgore. BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, George Fisher, be, and lie is hereby, authorized and directed to execute on behalf of the City of Paris the Assignment and Amendment to Earnest Money Contract - Commercial Unimproved Property in the form of Exhibit A attached hereto. BE IT FURTHER RESOLVED, that the City Attorney, T. K. Haynes, be, and he is hereby, authorized to procure a class 1 and 2 environmental assessment on Lot 6, City Block 276, and Lot 2, City Block 322, as needed. PASSED AND ADOPTED this 24th day of March, 1994. Ge ge isher, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, C' y Attorney 009 THE STATE OF TEXAS ) ASSIGNMENT & AMENDMENT TO EARNEST MONEY CONTRACT - COMMERCIAL UNIMPROVED PROPERTY COUNTY OF LAMAR ) THIS 21st day of March, 1994, BOBBY SMALLWOOD and GLENN TOWNES, as "Buyer" in the contract attached' hereto as Ex- hibit "A" and made a part hereof for all necessary purposes, and the CITY OF PARIS as "Seller" therein, enter into the following agreement: 1. The contract attached hereto as Exhibit "A" is extended until June 1, 1994 under the same terms and condi- tions as set out therein; other than Seller specifically agrees that the EPA Phase II Environmental Study required under Paragraph 10 of the contract shall be made no later than forty -five (45) days from date hereof and submitted to Buyer. Should the results of this study indicate any pol- lution which would affect Buyer's intended use of the pro- perty or its marketability, or their attempt to obtain a loan from a lending institution, Buyer shall have the right, upon written notice to Seller, to terminate this contract; and Seller will immediately pay over to Buyer the earnest money provided for in the contract:' 2. Seller agrees that Buyer shall have the right to transfer, assign and convey all their right, title and in- terest in this contract to TERRY KILGORE and wife, LINDA KILGORE; and agrees to be bound under the same terms and E� 010 conditions as herein set out and as set out in the original contract. DATED the date first set forth above. THE CITY OF PARIS BY: GEORGE FISHER, Mayor Duly Authorized `BOBBY /SMALLWOOD GLENN TOWNES FOR VALUE RECEIVED, WE, BOBBY SMALLWOOD and GLENN TOWNES, do hereby Transfer, Assign and Convey unto TERRY KILGORE and wife, LINDA KILGORE, all our right, title and interest in and to the contract covering the purchase of the 4.14 -acre tract of land described in the contract and made a part of these agreements. DATED this 21st day of March, 1994. AGREED TO: THE CITY OF PARIS lim GEORGE FISHER, Mayor Duly Authorized F, � itIf ' TERR. KYLGORE 6-1 P LINDA KILGOREE j �AIJWOOID BOBBY GLENN TOWNES AGREED TO: THE CITY OF PARIS lim GEORGE FISHER, Mayor Duly Authorized F, � itIf ' TERR. KYLGORE 6-1 P LINDA KILGOREE j I Ga► "'Itir_U 1: «C`rt ?1333 QrT r _ STONE TITLE COMPANY, INC. r� I I ) r . . t T. )"17-1 EARNEST MONEY CONTRACT — COMMERCIAL UNIMPROVED PROPERTY r111S CONTRACI IORM IIAS RUN PRF.PARFD FOR IISF fly MF.Al11ER5 OF rtiF. I1011S -ION BOARD OF RF.A1.1'0RS. BY ITS LEGAL COUNSEL. ANA ITORNEY Ar LSSV LICENSED IN ITXAS. AND APPROVED FOR USE IN A TRANSACTION INVOLVING THE SALE OF COMMERCIAL UNIMPROVED PROPF.RI -Y. TIIIS FORM IiAS NOT BEEN DRAFTED FOR A SPECIFIC TRANSACTION, mERE.FORF.. THE PARTIES ARE ADVISED TO CONSULT TIIEIR ATTORNEYS BEFORE SIGNING.. 1. PARTIES: (" i t v O f Pss r i a tSellerl cremes Tel tell and comes• sit Bobby SO a- lJ- wo_Ofl_ and —C-I i?-n —Taw -n s a (Bt1ytl) and Reiter atacn n. beef Intm Seller rite I.dhwt'onx rn,perry 6+r she amsidennon and orym and +uhlrct rn tht terms, pmwoons. and conditions hernnalier we hvih. 1 PROPERTY: A iner 4 land uruated in -Lamar . C-moy. T—Ai. nogether with all ompt.-crmrntt And Ile urc'. rrivdrgto, and .q•pora•nancrt [Vital? then-r. Lrn•ui.daa•r t..11r. nu•h s311eJ 'Tmry•rry:' .letanl.t•J ail Ltlh.wa A-11tu as wt one tat Fdul•as `A" .n mcha.l hrr•n. .tn.l u101111•rntd 110, r Block 276 Lot 6, 4.14Aca. Sec Attaclied The metes and lvwmis Jmription determined la the survey oI the Pol erty hcremalier pn.vided I.-r will replace Erlubn ':A" attached hereto in the event it shiwld differ from the atatched ealubu. ). CONTRACT SALES PRICE: A. Cash payable at closing .......................... ........... ............................... 5 B. Sums of all motes described in Paragraph 1 bell w ............. ............................... ... S C. Sales Price (Sum 4 A and BI ............................... I.............. .. ............. S.. — -- D. Check applicable box for Jewinmation of Sales Price: Jj D ID The tales price shall mu be based upon (lie number of .scresistpnre feet comprising the Property a% Joermmed by the surety. C 12) If the survey ad the Property reapnred by Pangnrh 19'rellecu shat the number td total 1 );acres 1 I square feet comrrnmel the Property is mm or less than 1 I tor.! acres or 1 I Total wluare leer 1•'7tu3l Meal, the Sales Price And the cash ramble at cl.nire shall be tncrraswl or minced Iva the rnidtses A II multiplied by the amount of increase of Jeerc3w t.l the tmal area. O 01 If the survey of the Pmperty required by Paragraph 19 reflects that the number of net 1 ) acres ( ) square feet comprising the Property is more w less than 1 ) lice acre" at 1 I net wluare feet ("No Aaca •1, the Salo Price and the .Cash payable AT chnuog .hall be Increased or n•Jmced k- he rn mce of $ multiplied by. the amtwnt it( increase ,tt decrease at( die net Arta. 4. FINANCING: • A. SUBJECT TU: Buyer takes wibjccr no, .rod dates not assume raymens td, rile unleud b:dame M that rnnrosuuy nowt to Jared , and Does nut Assume thtne oblitatielms iuiptna'J IV the Ned of Trust recorded in tilt coeinty where the Property is situated. Buyer shall pay the installment payment due after the date u( closing, The rrincgtul balance at cloning will be S.. allowing for an agreed 11 variance. The cash payable at chasing shalt be adjusted for the amount of such variance. Should this mile be acceptable sit the note holder, or if the variance exceeds rile amount aN,,,r, ter vhu iIJ the terms of the nose or deed of trust or Intent nee be muddied. or should Buyer be required to pay a Transfer fee in excess of this Contract may be tersnmated it Buyer's option and the Eamesr Money shall be refundeJ to Buyer. • B. ASSUMPTION: Buyer shall Assume she unpaid balance of shut pntmnseiry note payable to Jared . anel dwtw ttbligatrons imptned by she Deed of Truss accorded in %fume Page of she Deed of Trust Records in the county where the Property is situase,f. Buyer shall pay the installment payment due after the date rJ closing. The assumed principal balance at closing will be S.. allowing fur an Agreed j variance. The cash payable at closing shall be adjusted for the amount of such variance. Buyer shall apply for astumrtntn of -rnwal within Jays (nine she effective date hemtd and $11311 make every reawmiNc effort ro obtain the same. If the variance cxceeJs she a6we amount, or the existing interest nsc is increased alrrva• %, or Buyer is required to pay An ouumptnin fee in excess if S . sir natmpthon approval tannin he .-brained within Jays from the effective Jatc hereof, able C muract may be terminated at Buyers option and tilt Eartttst M.- icy shall he refunded to Buyer. 7 C THIRD PARTY FINANCING: This Contract is subject to Approval of a loan Lit Buyer by a third party in the amount of j p3yahlt in installments k,r not Its% than yran with the interest rase Inn to exceed % rcr annum, and with each principal and interest installment not tit exceed f . O including intemst O plus interest. Direct shall apply for the loan within days from the effective Jate hereof and shall make every reasonable effort to obtain appntval. If the loan has not been appnwcd within Jays from the e(fective 1131e hereof, this Gintract shall terminate and The Earnest Money shall be tefunded to Buyer. O D. SELLER FINANCING: Rover 4,41 eaause a pnwninwny mite m Seller in the principal sum tit 11 , bearing 91t interest per annum• And payable: (Check I, 1, ) and /or 1 bektw) C (1) In (till tin flat __ Jay of , 19 , with accrue) hutrest being Joe and payable C Ill In ':o monthly C annual ).,alter: __ math. beemnmg .v1 the Jay .d die J.w tJ uor -J. dull be thtn Jew aild ray-lble. 1 .J 4 Installments td S , O including interest U plus intent , 19 , and continuing regularly thereafter until 19 when the entice ."m—i till principal and interval then remaining 1' 1 A . .. e.� . 012 111 Intrrrn .rah in 1 rn•.ntlds ' 1 .usor...1 lire m.t.illmrn 1, A 5 each, brginnu,e • +• 1h, ____ .L,y ••1 _._______ __. 141 . "sd t.-minu,ng regularly thereafter unlit the J.ir .•t I' >_. .ns.l th —if,rt In U monthly CJ Annual O other: ,mrallnoerui u1 i_ -__ ' MO—line Interest Cl ploOncerest, beginning on the Iv _• .,n•I unnnn,ne regularly thrrratter unril the day of 19 _.... ,h, Is Ihr rnme im-mou ,d ptintgml .stall unetrsr then remainnag unpaid %b411 be 1— .inJ r.iyJdr - - - - 1 1 Ill the Wir .hall I ... •..ilr I- nit 1•.-oo"al os the rcrm ,d .i del: usIt. I hruie 11n.len" 1 that rise ladder of Ilse Mile may 1..•1, "'IN to Ilse a•autity ru.rsdtJ In rile Prad of him .still itinmed en.,r's hen to e"lorce the payment .A the mA+,ednns ' Any Seller hnancai none maw be rrepail ua a hole or in part :u any time withuur penalty Any prepayments are to he applied toward the payment 0) the installments sit ptincop it last niaturinc •tut interest .hall immediately cease uprm amount of Principal prepaid. The hen securing payment of such nuae will be mlem" i, :my lien securing ant loan assn tird. akin subject to or given in connection with third pant financing. Each note herein rmvftW shall be secured by \end,vs and reed .it Trust Item. A Vendor's Lien atul Cleed of Trust to secure any assumption, of Buyer's rerfnrmance it raken s.dgrcr tit, shall IV rcqunrJ. which licit shalt he :uitrimatically released on eaecutin and skisvery ed a release tar not l-I der. In case .d d..p.ur .n ", she turns of the Deed. Nutc(sl, ur Deed u1 Trust(s), lurnu ptepoted by the State Bar of Texas shall be used. Each rive hemaii rn)vikJ 511.111 uns:un rnivinon lot acctleration Id maturity in the event of default and for the payment 4 reasonable atinmeyi lees if clot river is placnl Ili the hands of an atismey fill colleettun. S. EARNEST MONEY: s 5 s 000 s 00 n hetrwith tendered inJ is to he deposited as Eamest Money with S I- nnin T1 t 1 p CO as Escrow Agent, and placed its an interest hearing account, uptxn execution of the Contract by hnh panrcs. h l :LIySIN(1 File sh•5mg,w Ili, A, Ul.e 1s.nr•1'hall br nn itr lvlure -DS.t— .1.s _. IUi�_..w within seven (7) Jas, xher .,bjran.n5 u, utlr have been .mr.l, .1... hexer .late is later. A. At the d.,Snlg, Seller .lull Jehvrr u. Buyer, .0 h•Ilrr s sale cost and exrrnse, rise tu1L •wu,x: (0 A JUIy "ecutrJ anJ :sckn. -I AxeJ Ocoscrd Warml11 iv heel cunycyuvg j,•i..l and indefeasible ride to fee simple to all of the Property, Iree .inJ dear.d any aril all hens, enrlimhmncrs, conJnttins, easentents, assessments, testrvarmns and restrictions, except as permitted herein anJ /or arri —d! bw Blner on writing: (2) An Owneri Rdicy of Tide Insurance (the "Title RJicy "1 issued by S t nnp Tit-1p fxn in the hull artiwmt .d the Sales Price, Jared as of chains, insuring Buyers fee simple title to the Property to be good And indefeasible ... htx:r only ho ths,.e ride exccrsnwx remucced hrrnn. tit as may be arpmved by Buyer in writing, and she standard printed exceptions cimsamed in the meal Inrm A the Tile fldicy, rnwileJ, linvever. Jai the it crrtin as to arcs and txutnslatirt ' ..hall nut be deleted C_ shall IV deleted except for "any shortages In airs" and if JcleteJ, such Jeletnws shall k an enrcnst .4 (b) the excertiwv as n, restncuce eincnani% 4611 he asJorsed "None id Record'; (c) the excerri.n as t., taxes .hall he (united "o taxes fur the current year and Subsequent years, and subsequent assessments For rr■w rears due u, changes in land usage ortrynet5hip: 01 Fumnh tv.dencr of its ciraety and anthonty for the chamq of this transaction: HI Execute all .whir necessan do tuments to cline this transaction. B. At the chasing, Diarr Jull rerli.rm the lidh,wusg: (1) r.n Ilse ca.la Ixaoin .J file Sales rice: (2) Exotuie the riwc(s) and Jerd(s) of trust rnwideJ Ion herein: (3) Furnish evidence of its capacity anJ authtwstr list the cl-ing .A this transaction; (4) Frmah u, Seller anJlu Third ryonc lender. it Buyer i exrrn.r, a nimgagrrs rohcy "sued Iq• title company for the deed(s) oil tine herein: 15) Exame all .whir necessary skauments to close this tmnsacin,n. i. FEASIBILITY STVPY NsrfX it . -. is tow granted the right u, sawiduci an rngmerrme, andl it millet and eeonimic feasibility study ("Feasibility Study") d the Pn•pctiv. In the event Buytr is granted such right. Buyct shill have 20 _ Javi Item the effective Jate hereof to perform suds souls, aril in this regard. hotel -it lass desivmi•d agents may enter upsm the rrnreriv j'or purposes ad such analysis, core drilling. or other tests anJ m.rtarint .Inch min be Joctned necessary In Ruvvr. If Buyer Jetcnnutrs, in hit side ptdgmeni. that the Pmperty is not suitable for unv vii n tar Ilmcri mrenJ.d use .w porrose, then Soler maw. on written ot,ncr "t idler on ur Letrtre 70 _ ' Jays from the effective date hcreol, terminate this axreement• aril it Jell IV "1111 .inJ inJ tar all porl—vi and the Eamest Muncy shall be retumeJ to Buyer. If the written nt•ticc is n t xwtn In Seller wiibm smh prtu,d. this condition and any anJ all objections with respect to the Feasibility Study shall he deemed ist hate been narveJ by Rona (,it all rurrines. In the event thn Gmtract shall not close, through no fault of Seller. Buyer shall reitom the Pn petty tit its otiginAl ciidBrn. J changed J,•c Iit Ilse tests and in%pecorhms rcrfonneJ by Buyer, and shall ptuviJe Seller with a copy .A live re.ulu A any re.rs and trupecuons mile by Buv". excluding any market and ecun"mie feasibility studies. S. BROKER'S FEE: WhitakP-r -111 171CIF- Century 71 hX Listing Bn,kcr t 't•1 and a�lpy•�r. l'o�Bndrr I .'td (co1Ir itVely dsr - nn,ket "1, as niolet, h.ix ne6•stmicd thit salt and Seller agrees to ray Br,kr rt %AJ;o)s.tsunty, Texas. ,m cim -n mati.n of this sale or .n Sellers JeLudt (unless i-themse prtwidcd herein) a coral cash fee of of the t.w;J Sales Price. which E.crow Atcni .hall paw in-tit the sales pn,cteJs. V, POSSESSION The 1xw e.v.n ,w Ilse Pnyanv +11.111 be Jrhra•n•J Io Bntrr at lun.lmg. , 10. irECIAL PROVISIONS Seller shall provide buyer With necessary clearance from E.P.A. Property shall be rendered free and clear of any haznrdious materials or waste. it ...... t.. oil sin. t. .—I I ... ....... .ta.nl. q•1•lu,d•Ir r,• tin. •ale 1 r f�� ! � ti' A � ^s "y i-, .. . , I A. t• 0 If. �141E5 I:.` PEN 4S rte 111: PAID IN C:ASI I AT OR PRIOR TO CLOSING 4. S111111 'S EXPENSES all ones ill releasing cowing loins and reaordine rile rck.nts, t),voers Tale P,,hcs, .urvrl tax statements: I /_s ,J an% exn'w lee; rrep.,—, n of [feed, other evf,cnses snrulmed no he paid h Seller under tither piss- 'stuns of this Gmiraer B PILI Eft S EXPEN;ES: All r,Fn,,, ­,,do,, manv loan (e.st- loan rnwuremcnt Ives, rrerantitin ,J Nor,. I)eed oI T..or. anJ other Loan skaumrnn, reomhr,! let,, Title IMits, I'mpay.uble interest, credit « j`urs1, lo! "I .ins earn- ter, "r-s-4 reuncmvss, easements. reaers,unmi. sir condo-tto :dtecnnx'he rmrenv, and e%rrnw, stirulna•J.ro be r.nd ht Buser nndrr. the( provisions „1 this Contract. 12. PRt)RATI( )NS: low.nce (a, Buyer i roots vsl, m cm,, ,m anv .mound tin •,object u, debt, as.nsn+ents, current razes, and any rents and maintenance fees shall be pn,nccd to the Jade ul cho•mx. If .tJ v.Ilun•m tarts 1or file year to who. 1. -toe tale Is closed are not a%vadablc on the Clusmx Dare. proration of rues shall he made on the basis ') faxes as esscd nn the pmvmu% star. •• "" o sullseq.ent call, adju,imen: ,d arch rrontiun to be made between Seller and Buyer, it necessary. when actual fax figures are .1vmlaFk. it nuyer 1 assuming ras•ment u( tin taking subject to any ex simg litan on the Progeny, all reserve akr,sns for the payment of taxes, ,nsunncc rremfom,, or other charges shall he transferred to Buyer by Seller and Buyer shall pay to Scl':r die amount of such reserve deposits. I). TITLE APPROVAL: Seller shall deliver to Buyer within twenty (I0) Jaye from the date of this Contract a Commitment for Title Insurance (the "Gsmmitment') and, at Buyers request, legible copies of all retarded Instruments affecting the Property and recited as exaepnxns in she C:ommrtment. If Buyer has an objection to items disclosed in such Commitment or survey, Buyer shall have fourteen (W) Jays after receipt uJ such Instruments to make written objections in Seller. If Buyer or a third party tender makes such objections or f ohjeettnns ale disclosed in the Commitment, survey, or by the issuer of the Title Policy, Seller shall have thirty (J0) days from the Jate such objections are disclosed to cure the time, and she Closing Date shall be extended, if necessary. If the objections are nor satisfied by the extended Closing Date. this CalityKt shall terminate and the Earnest Muey refunded m Buyer, unless Buyer elects to - -.live the unsatisfied objections arw! complete the pum ale. 14. DEF.IULT If 9nyer fads tin comply herewith, Seller may either enforce specific performance oc terminate this Contract and receive the Earnest Money as liquidated damages, one half of which (but nut exceeding the herein retired Broker's fee) shall be paid by Stller to Broker in full Par sent of Broker's services. If Seller fails to caonply herewitls. Buyer may (i) terminate tilts Contract and receive the Earnest Moncy thereby releasing Seller from this Contract, (ii) enforce specific performance hereof, or (iii) seek such other relief as may be pmvtdcd by law. If completion d v1e is prevented by Buyers dc(auk. and Seller elects tit enforce specific performance, the Broker % fee is payable only if the and when Seller collects damages for such default by suit. compromise, settlement, tier otherwise. Notwithstanding the above, accrued interest, if any, ton the Earnest Money shall he paid to Buyer. I). ATTORNEYS FEES: Any signatory to this Contract who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Contract or transaction shall tie additionally entitled to recover court costs and reasonable attomey's fees from the non- Prevailing party. 16. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent (B does mit assume or have any liability for performance or non-performance is( any party and (it) has the right to require the written release of Escrow Agent, the termination of this Cntract, and the authontation from 311 parties to disburse the Earnest Money. At cloning, Earnest Money and accrued interest shall be applied to any cash down payment required, next to Buvei s closing costs and any excess refunded to Buyer. In preparation for clotting, the Escrow Agent u Broker may incur actual expenses on behalf of Seller or Buyer; therefore, any refund or payment of the Earnest Money under this contract shall be reduced by the amount of any actual expenses incurred on behalf of the party receiving the Earnest Money. and the Escrow Agent win pay the same to the cmJiton entitled thereto. To the extent that the Sellers shale of the Earnest Money is insufficient to pay such expenses, the same will be deducted from the Brokers share of the Earnest Money. 17. REPRESENTATIONS: Seller hereby represents and warrants too Buyer as follows, which representatinns and warranties shall be deemed made N Stiles to Buyer also xs n( closing date and %Itch representations :rod warnnties .shall survive closing: A. There are ml parties in rnssession of any ruction of the Property as lessees, tenants at sufferance, of trespassers; B_ There is no pending or threatened condemnation or similar PnKeedinR or assessment affecting the Property, or any part thererf, nor to the best krumleJRe and bebef of Seiler h any such ProeeeJrng or assessment contemplated by any governmental authority; C. Seller is the fee simple owner of the title tit the Property and is July auihuri:e) and emp'nvered to sell said Pmperry; U Seller has Pail, through the current year, all taxes, charges, debts, and tither assessments due by the Seller with respect to the Property; E. The Property is not in a Oast plain tar water district• except as follows: F. All loan(s) assumed it taken subject in will not he In default, G. There will be no unrecorded liens sir Uniform Commercial Code lima against any of the Property which will not be satisfied out of the Sales Price; H. Seller knows d no existinR condition with mpect to -,t;t Property or its operation which violates any government code or regulation; 1. Seller has no knowledge that the Property is subject to any surface or subsurface ground faults: ). The Pmperty is not being used and Seller has no knowledge that it has ever been used for the storage or Jisposal of any hanrdous or toxic materials; K. Tit the best of Sellers knowledge, nu fact or condition exists which would result in she termination of the current access from the Property to any presently existing highways and /or mads adjoining or situated on the Property, sir to any existing sewer or other utility facilities servicing, adjoining, or situated on the Property; L. Seller shall not further encumber, or allow the encumbrance of. the'tide rs the Property, or modify the terms or conditions of any existing encumbrances, if any, without the written consent of Buyer. If any representation above if untrue, this Contract may he terminated by Buyer and Eamqt Money shall be refunded to Buyer, excluding (D). IF) and (G) which shall be remedied by Seller prior for timing. IS. USE OR PROPERTY: Seller O has}(] has not claimed the benefit of laws permitting a special use valuation for the purposes of payment "fail valaitem axes son the Pry eery, and if x; Seller represents that he was legally entitled to claim such benefits. If Seller claimed such benefit aryl aher the purchase is closed. Buyer changes the use of the Property and the same results in die assessment of additional taxes, such additional taxes will be tl,e obligation of file Buyer. The representation herein shall survive closing. 19. PROPERTY SURVEY: Within _10_,_ days from effective date hereof, Seller, at Seller's sole cost and expense, shall cause to be delivered ro Buyer a current plat w survey of the Property, Prepared by a suevcror acceptable to the parties and the Title Company closing This transaction. The survey shall terrify to the Buyer and Tide Company that•. (i) the survey was made and staked on the gmund; 00 the Plat shows the location of all improvements. highways, streets, loads, radmaJs, riven, creeks, or other waterways, fences, casements, and fightr o f " on of adjactru to the Property of any; (iii) there are no visible discrepancies, con0icts, of encroachments except as shown on the survey plat, (iv) she Property skies nit lie In the 1010 year (lunl plain as established by else U. S. Army Corp of Engineers rat any other governmental 6-Jr; and (v) she survey plat is a true. correct. and accurate representation of the Property; (vi) she surrey sets A)nh tho qumber of total acers/xpsare feet (whKhtver is applicable) and tilt number of net acm4kIuare fees (whichever is applicable) comprising the Property, tWther with a metes and bo,Kwh description thereof. The term net acreshquare feet shall mean the total number Of acres/sgsrare feet contained in she Property tatclussve of any encroachments or land lying within list boundaries tf a rlght•u( -way of easement or NO shall h calculated ti, rise nearest trle•fixwsankth 000Oth►oll an sere. All easements and nghtsa(•war shall be reference) M the recording Inf wrnatton applicable to the documents creating such easements tit tixhts•,f•way which have been recorded with she County Clod of the County in which the Property is kocate 1. The survey shall locate and mark all comers and angles of the Property's perimeter tin the ground wish ptimanent, hurled tmn sueveyu's srales. 013 lP I *ONDEMNATION It am parr A the Pmpertc o condemned prior us Chmnit dare. feller shall primirds Rive Buyer wrnren notice td such c.,ndemnatxtn .uwtl Bitter .hall have the ,ptwn or either ..rl lying the pniceeds of .mv omdemnatiun aw.ird tt. teJuce the Sales Price pnwrdeJ herein tit declare this Contract terminated M' Jelwenng eeriness notice ttf termination tit Seller and Eamest Money shall be retunjed tit Buyer r.rh — Broker's Ire Jut. I NI1I-CELLANEOUS A Am n..tice miutred rte prrmitreJ w be delivered hcrnnsdet shall be deemed received *hen Penonalh Jrlivered or went Ivy I,n ieJ State mail, Povage PrepatJ, certified mad, alum receipt rerprrsted, redressed m Seller ar Purchaser, as the ease may be. at the 3idttst set Girth belaw the ugnasure of iuch party hereto. B. This Contract shall be construed under and in accordance with the laws of the State of Texas, and 311 obligations of the parties created hereunder are performable in Hams County, Texas. C. Thn Cuntr3ct shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executum administrators, legal representatives, suecessisn, and i.signs. D. In case any tine or mare of she pnwistons contained in this Contract shall for any reason be held to be invalid, illegal, and uncrsforceable in any respect, such invalidity. illegality, or unenfurceahilit y shall not affect any other provision hereof, and this Contract shall be constnsed as if such invalid, illegal, tic unenforceable provision had never been contained herein. E. This Csiritract constitutes the stile and only agreement of the parties hereto and supersedes any prior unden endings or written or oral agreements between the parties respecting the within subject maser and canna be changed except by their written eoment. E Time is of the essence of this Cunnaet. G. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. H. In accordance with the mportmenrs tJ the Texas Real Estate License Act, Buyer is hereby advised by Broker: (1) that it should be fumishrd wish or obtain a ;tiled of ride insurance tit have the abstract covering the I'mperty examined by any attomey of its own selection, and Ill that unless otherwise agreed to sn writing Viv the parties hereto, Broker and Co-Broker are being paid by Seller and are representing '-filer in this transaction. 21. ASSIGNMENT: s 3 A. Buyer may not assign this contract. )O B. Buyer may assign this Contract and all rights hereunder and shall be relieved of any future liability under this Contract provided the assignee shall assume In writing all the obligations of Buyer hereunder. 13. TERMINATION OF OFFER: Unless Accepted by Seller, as evidenced M Seller's signature hereto and delivered to Buyer by 5:00 P.M., the 1 a t day of f1C r 19-9.3_, this offet to purchase shall be null and void and all parties hereto shall stand relieved and released of any and all liability or obligations hereunder and all Eamest Money shall be returned to Buyer. 24. CONSULT YOUR ATTORNEY: This is intended to be a legally binding contract. READ IT CAREFULLY. NO REPRESENTATION OR RECOMMENDATION IS MADE BY BROKER OR ITS AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS DOCUMENT OR THE TRANSACTION RELATING THERETO, THESE ARE QUESTIONS FOR YOJJR ATTORNEY. CONSULT YOUR ATTORNEY BEFORE SIGNING. The Broker cannot give you legal advice — only factual and business details conceming land and imptovements. r EXECUTED in multiple orrginah effective the Jay of 19 . (Fill in date Iasi party signs.) ALL APPLICABLE BOXES SHALL BE CHECKED BY THE PARTIES. Listing Broker License No. Be Seller Seller Co•Bmker License No elders Addros Phone No, Bit A/ Buyer ,If Receipt of f Earnest ^- Money is ackm-6,11ted in the form Buyer M Buyer$ Address a Phase Nis. Escrow Agent Br 11 . 1. ", n S 4 .ec 4 -.1 4 It � lei 5 ACCTt R -276- - 6- - STATUS ACTIVE OWNER NAME A�D ADDRE%� CENTRAL APPRAISAL DISTRICT ACCOUNT t CITY OF PARIS PEFERENCE HUMBER i OLD ABATTOIR R5952� REFEREMCE NUMBER 2 ZIP CODE - ****** PROPERTY ADDRESS ****** ^ ALPHA SORT - CITY OF PARIS DELINQUENCY CODE - ' ABJTRACT NUMBER - DEVELOPMENT CODE - A MORTGAGE CODE - 800 S^P.T.B. USE CODE - C2 ACRE% - 11m//fe--2� ZONING CODE - UNITS - 800 LEGAL DESCRIPTION ******************** REAL ESTATE USER CODES Y 2 3 4 5 6 7 8 9 1O ENTER YEAR TO VIEW VALUES OF OR LEAVE BLANK TO VIEW I 1998 & 1989 - " �� n � w� �- w �� � � n�� ' 016 TOTAL ASSESSED VALUE - 1990 6 ACCTA R -276- - 6- - JTATU9 ACrIVE **°"o CUPREH[ ASSESIMEuT *»°** *+*~++ PRIOR ASSESSMENT DATE - - - - - - - - 9/00/00 DATE - - - - - - - - 0/00/00 LAND-HOMESITE - - - 0 LAND-HOMEEITE - - - 9 LAND-AGRI' MARKET - 0 LAND-AGKI' MARKET - 0 LAND-NON HOMESlTE - 19b,020 LAND-NON HOMESITE - '8 IMPROVEMENT-H/E - - 0 IMPROVEMENT-H/S - - C. lMPROVEME@T-HOH H/%- 0 IMPROVEMENT-HON H/%- 0 PERSONAL PROPERTY - O PERSONAL PROPERTY - 0 TOTAL VALUE - - - - l96,O20 TOTAL VALUE - - - - M AGRI. USE VALUE - - ` 0 ACRI. USE VALUE - - Q AGRI. USE TYPE - - - AGRI. USE TYPE - - - ABIOLUTE EXEMPT (E) E ABSOLUTE EXEMPT (E) E EXEMPTIONS CLAIMED CURR PREV ' TAXABLE TAXES DATE PD REC REF TAX PAID P&I PD TAX ADJUSTD CURR 8 .00 0/00/80 .00 .00 .88 PREV 0 .08 0/00/00 .00 .0c, .00 FROZEN TAX - - - CURR .88 YR FROZEN PREV .00 YR FROZEN NEW EXEMPTIONS - 0 NEW IMPROVEMENTS - - - 0 AMT NO LONGER ON ROLL - 8 ENTER YEAR TO VIEW VALUES _ OF OR LEAVE BLANK TO VIEW SUMMARY OPEN A/R ����/z^T 8 ]�[�� [� �x�nu)/ yi /'�u� o m /I 0 r 1. Lot 2, City Block 322 — 9 Acres t Old Landfill NORTH 2. Lot 6, City Block 276 — Old Abattoir Site 4:14 A .'+ Scale 1" - 400' 3. Lot 2, City Block 281 — Animal Shelter EXH! �t - A PAGE 7 CITY OF PARIS PROPERTY MAP old m \ r 1' `OC't ( 1 sf� 9/ a� SSA/ ? / ._ \ 1 • 4 O N ^O \\ Syr .. :,��•o � lid- .Y xr• , � .. �. � T:;j ;. , �• Jib, y _ _+> = •' � 2 '• r O : ji 'Ri OOA •' \\ Syr .. :,��•o � .Y xr• , � .. �. � T:;j ;. , �• Jib, y _ _+> = •' � :•� •' Fi A�C�62� to 1 ; „ N0. 276 } '.t ' �� J 'r. • •+. , , 229 . 1 ; ; •' �• .• ..' � n'r•k - .. ." ` •r; x..11. � ' {,' t. •r. - :•fi;�. .+ M 119 J r, •1'.�t�P:TIJ'I,.T O 1 O '. i •��. ij•i'' ; ••IV 1 EXHIBIT A •, ,, j, ,� tt • . � . •,�' ,.,s.r �• sq • s' . *. ,..r :� :!. r.: r.:,'•., ti i.. ,; .. f :1.i'( ' ►�- `� ►� Cti .1. :.. / •. :l p.S �1'T 1�! { L j j .�..j�... •;...p: .•.,i x.rs'w�17 :...s'k. f 1�:.!t• ...1.�;�f1 - {"r �'• 29' ► 260 1' .,,,. -s.J 244 i . k,' .�.,;�. #. MENT Rd. Y: ti:,,.� r•; '.� r +.:�.:.. :.; ::,,;•rx; -,= /'Gt0 /6Jo , A<-J /640 14 cn There was no further business, the meeting adjourned. GE RGE FISH R, MAYOR ATTEST: M TTIE CUNNINGHAM, CITY CLERK MINUTES OF THE PLANNING AND ZONING COMMISSION APRIL 4, 1994 The Planning and Zoning Commission of i in regular session Monday, April 4, Council Room, City Hall, Paris, Texas present: 1. Reeves Hayter - Chairman 2. Eric Clifford 3. Curtis Fendley :he City of Paris, Texas met 1994 at 5:30 P.M. in the with the following members 4. Marshall Kent Jr. 5. Joe McCarthy 6. Aaron Jenkins Chairman Hayter called the meeting to order and the Minutes of March 7, 1994 were approved on a motion by Mr. Clifford, seconded by Mr. Fendley. Chairman Hayter announced the public hearing would continue on the petition of Richard Powell for a change in zoning from a One Family Dwelling District No. 2 (SF -2) and Specific Use Permit - Plant Nursery to a Combination Planned Development - Commercial District (PD a -1) and Planned Development - Housing District (PD -b) on Lots 9, 9A, 10, 11, 12 and 13, City Block 259 located on the north side of East Cherry Street at the intersection of Collegiate Drive. Mr. Powell was present and presented his Site Plan for Lots 9 and 10 City Block 259. The plan proposed a Mini Storage development to replace the Nursery /Landscape business presently on the property. He said it would be a better utilization of the property with less maintenance. He pointed out that the existing house on the property would be remodeled for office use and that the frontage on Cherry St. would be properly landscaped and maintained. None one else was present to speak for or against the proposed zoning change and the public hearing was closed. The Commission reviewed the recommendation of the City Engineer and Discussed the proposed extension of Pine Mill Road that would affect the development on its north end. Following discussion Mr. Clifford made a motion to recommend approval of the zoning change and Site Plan subject to the requirements in the City Engineer's Memorandum dated April 4, 1994, Marked Exhibit A and attached hereto and with the further requirement that the north end of Mr. Powell's property not be developed until the Pine Mill Road extension is designed to determine the effect it will have on the development. Mr. Fendley seconded the motion which carried 6 ayes, 0 nays. Chairman Hayter declared the public hearing open on the petition of R. P. Woodby for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a General Retail District (GR) on Lots 1, 2, 3 and 4, Block 1, Lamar Terrace Addition located at 2246 Lamar Avenue. r 2 i Mr. Woodby was present and told the Commission of his proposal to purchase the house at 2246 Lamar Avenue, remove it from the property and construct a new building for his insurance agency and for the Temporary Service Personnel office. No one else was present to speak on the matter and the public hearing was_ closed. A motion was made by Mr. Fendley, seconded by Mr. McCarthy to recommend approval of the change. The motion carried 6 ayes, 0 nays. Chairman Hayter next opened the public hearing to consider the petition of Bobby Smallwood for a change in zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit - Auto Fuel Sales (49) on Lot 12, City Block 321 located at the intersection of F.M. 195 and Spur Hwy. 138. Mr. Clifford ask to be excused due to conflict of interest. Mr. Fendley made a motion,to excuse Mr. Clifford from the meeting. Mr. McCarthy seconded the motion which carried 5 ayes, 0 nays. Mr. Smallwood told the Commission that a convenience store was proposed.for the property, which was already ,zoned Commercial, and that the owner was requesting a Special Permit for Auto Fuel Sales. Speaking from the audience, Mr. Clifford said he had purchased the property several years ago because of its condition and had it cleaned up and zoned Commercial. He spoke in favor of the request. No one else was present to speak on the matter and the public hearing was closed. A motion was made by Mr. Fendley, seconded by Mr. McCarthy, to recommend approval of the petition. The motion carried 5 ayes, 0 nays. With no further business to discuss, the meeting was adjourned. n. e N. McCollum Secretary, ex- officio 021, ` X22 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL April 7, 1994 The City Council of the City of Paris met in regular session, Thursday, April 7, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Fisher called the meeting to order with the following Councilmembers- present: Don Shelton, Jim Bell, Millie Ingram McDonald, and John Bell. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Joe McCollum, Director of Community Development, presented the minutes of the Planning and Zoning Commission's meeting held April 4, 1994, and attached hereto as a part of these minutes as Exhibit A. Mayor Fisher announced that the first item on the agenda was continuation of a public hearing to consider the petition of Richard Powell for a change in zoning from a One Family Dwelling No. 2 (SF -2) and Specific Use Permit - Plant Nursery to a Combination Planned Development - Commercial District (PD -A -1) and Planned Development - Housing District (PD -b) on Lots 9, 9A, 10, 11, 12, and 13, City Block 259 located on the north side of East Cherry Street at the intersection of Collegiate Drive. Mayor Fisher called for proponents to appear, and Richard Powell appeared in behalf of his petition telling the Council he proposed a Mini Storage development to replace the Nursery /Landscape business presently on the property. Mr. Powell said it would be a better utilization of the property with less maintenance. Mr. Powell said he would remove everything on the property and would remodel the existing house on the property for office use and that the frontage on Cherry Street would be properly landscaped and maintained. He said the back side on Pine Mill Road will be open up someday. Mayor Fisher called for opponents to appear, none appeared, and the public hearing was declared closed. City Manager Malone advised that the Planning and Zoning Commission had approved the zoning change subject to the requirements in the City Engineer's Memorandum dated April 4, 1994, and with the further requirement that the -north end of Mr. Powell's property not be developed until the Pine Mill Road extension is designed to determine the effect it will have on the development. A motion was made by Councilman Shelton, seconded by Councilman Jim Bell authorizing preparation of an ordinance to be presented at the next regular Council meeting subject to the requirements of the City Engineer's Memorandum dated April 4, 1994, Marked Exhibit 6, and attached hereto, and with the further requirement that the north end of Mr. Powell's property not be developed until the Pine Mill Road Extension is designed to determine the effect it will have on the development. The motion carried 5 ayes, 0 nays. Mayor Fisher declared the public hearing open to consider the petition of R. P. Woodby for a change in zoning from a One Family Dwelling Vti District No. 2 (SF -2) to a General Retail District (GR) on Lots 1, 2, 3, and 4, Block 1, Lamar Terrace Addition located at 2246 Lamar Ave. Mayor Fisher called for proponents to appear, and R. P. Woodby appeared in behalf of his petition telling the Council he proposed to buy the house and lot at this location, move the house off, and build a office building. Mayor Fisher called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton authorizing preparation of an ordinance to be presented at the next regular council meeting changing the zoning from a One Family Dwelling District No. 2 to a General Retail district on Lots 1, 2, 3, and 4, Block 1, Lamar Terrace Addition. The motion carried 5 ayes, 0 nays. Mayor Fisher declared the public hearing open on the petition of Bobby Smallwood for a change in zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit - Auto Fuel Sales (49) on Lot 12, City Block 321 located at the intersection of F. M. 195 and Spur Hwy. 138. Mayor Fisher called for proponents to appear, and Bobby Smallwood, 3015 Margaret Street, was present telling the Council that a convenience store was proposed for the property, which was already zoned Commercial, and that the owner was requesting a Special Permit for Auto Fuel Sales. Mayor Fisher called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilwoman McDonald, seconded by Councilman John Bell authorizing preparation of an ordinance'amending Zoning Ordinance No. 1710 changing the zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit - Auto Fuel Sales (49) on Lot 12, City Block 321, to be presented at the next regular Council meeting. The motion carried 5 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was consideration of and action on Councilman Jim Bell's continued service on the Paris City Council, and this item was tabled at the March 24, 1994, meeting. Should the Council wish to consider this matter, a motion to bring this item from the table is required. Councilman Shelton told the Council that he thought we have an agreement with Councilman Bell, and would like to have a continuation until we have a ruling by the Attorney General. Councilman Shelton said the letter was prepared, and it is a good one. Councilman Jim Bell requested a few minutes to consult with his attorney. A motion was made by Councilman Shelton, seconded by Councilwoman McDonald to take a five minute recess. The motion carried 5 ayes, 0 nays. Mayor Fisher reconvened the Council meeting, and called for consideration of and action on Councilman Jim Bell's continued service on the Paris City Council, which would require a motion to bring the item for the table. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton to bring the above item from the table. The motion carried 5 ayes, 0 nays. Councilman Bell stated that based on the information and the time that he and his attorney spent with City Attorney Haynes constructing the question for the Attorney General's opinion, he asked this matter be continued and the report be sent in, and to consider it at a later date. A motion was made by Councilman Jim Bell to send in the current request for an Attorney General's opinion, and continue to table the status of his continued service on the City Council. The motion carried 3 ayes, 2 nay, Councilwoman McDonald, and Mayor Fisher voting no. City Manager Malone called for consideration of and action on the following projects to be funded by the Certificates of Obligation, Series 1993: A. $200,000.00 Hot Mix Overlay. B. Police Department Roof. C. Police Department Heating and Air Conditioning System. D. Clean, secure, stabilize or demolish building. City Manager Malone told the Council if they would recalled, with the expectation of funding the Hot Mix Overlay project with funds from the Certificates of Obligation Series 1993 Bond money, this item was not budget, and by City Council motion was a project for bond money, with Earl Smith, City Engineer being the Project Director. _ A motion was made by Councilman Shelton, seconded by Councilman Jim Bell for approval of the $200,000. Hot Mix Overlay to be funded by the Certificates of Obligation Services 1993. The motion carried 5 ayes, 0 nays. City Manager Malone said Item B, Police Department Roof, we have a problem with the roof, that the Committee appointed to look at the problem advised it was bad. City Manager Malone advised this could be completed as an in house project with City Engineer, Earl Smith as Project Director. The cost has not be determined at this time, but one of the things that would be done is an increase in the pitch of the roof. Councilman John Bell, a member of the committee appointed to study the roof at the Police Department, reported that there was an estimate of $68,000.00, but felt that it could be done for approximately $50,000.00. ®25 City Attorney Haynes explained the expense of a contractor's required to be bonded which increases his cost, as opposed to the City taking all_ the risk by doing projects in house, and the City would save approximately 13 to 18 %. After further discussion, a motion was made by Councilman Jim Bell, seconded by Councilwoman McDonald for approval of the Police Department's Roof as an in house project, and to be funded by the Certificates of Obligation, Series 1993, along with placing an expenditure cap of $50,000.00. for the project. The motion carried 5 ayes, 0 nays. City Manager Malone stated the next project was the Police Department Heating and Air Conditioning System, City Manager Malone said the current chiller will be removed from the roof. The Committee looked at that also, and we would like to authorize this as an in house project with the City Engineer as Project Manager. Councilman John Bell reported that the Heating and Air Conditioning System definitely needs to be a project. The chiller is on top of the roof, it is old, and expensive to operate. Earl Smith, City Engineer, said he felt that this project could be completed for approximately $20,000.00. After discussion, a motion was made by Councilman Shelton to approved the Police Department Heating and Air Conditioning System as a project for the Certificates of Obligation, Series 1993, with a $20,000.00 limit and to be an in house project. The motion was seconded by Councilman John Bell, and carried 5 ayes, 0 nays. City Manager Malone said the last project for consideration is clean, secure, stabilize or demolish the building at 250 S. Main Street. City Manager Malone said this building has a basement that is very dangerous and needs immediate attention. The owner of the building can not be located, and as the City has declared the building dilapidated, the City would be liable for any injury. City Manager Malone said to remove the building, we would like to authorize it as a project, pursue in the most economic way by getting prisons to remove material that is flammable. Councilman Jim Bell wanted to know why we would order it done, why would we work on it. City Attorney Haynes explained that it is a liability, we have declared dilapidated, we have no one available to force to clean it up, and if we foreclose on the property all of the other entities will be owners also, and they might not want to put any money into it, and if it had value, ownership would be desirable. After further discussion, a motion was made by Councilman Jim Bell to repossess the building, clean, secure, and stabilize the building after foreclosure, and to spend $10,000.00. The motion was seconded by Councilman Shelton. Bobby Smallwood came forward telling the Council that he went through the building, and if you spend $10,000.00 on the building it is no good. City Manager Malone said the City has a tremendous liability, and fire hazard, and it is an emergency hazard. The motion carried 5 ayes, 0 nays. After further discussion, Councilman Jim Bell made a motion to amend his motion to secure the building now, start foreclosure proceedings, and you can start on the securing of the building now. The motion was seconded by Councilman Shelton, and carried 5 ayes, 0 nays. City Attorney Haynes presented the following petitions for rezoning: Chris Morphew, N 25' of Lot 4 and all of Lot 5, Gibbons - Braden Addition from Two Family Dwelling District to One Family Dwelling No. 3 and Specific Use Permit - Mobile Home (39) District; Norman Montgomery, Lots 1 and 1 -A, City Block 340, from Agricultural District to Commercial District & Specific Use Permit - Auto Fuel Sales (49). Mayor Fisher referred the petitions to the Planning and Zoning Commission for their study and recommendation and called for a public hearing at the May 2, 1994 Planning and Zoning Commission's meeting, and before the City Council May 5, 1994. City Attorney Haynes advised the Council that several letters had been received, and there may be more, regarding applications for liquor license for private clubs, and requested that there be an agenda item placed on Monday night's agenda regarding this matter. Councilman Shelton wanted to know if we have an ordinance on that. City Attorney Haynes advised the only thing the City requires is zoning. Councilman Shelton requested a copy of the ordinance, and suggested that all Councilmembers be sent one. There being no further business, the meeting adjourned. ATTEST: 10 110 TO: Mayor and City Council Planning & Zoning Commission FROM: Earl E. Smith, P.E., City Engineer DATE: April 4, 1994 SUBJECT: Site Plan - Lots 9 & 10, City Block 259 I have reviewed the proposed site plan of property shown above. It appears that the plan complies with the City of Paris Requirements with the following exceptions and /or additions: 1. Provide fire hydrant(s) so that all structures can be covered with 500' travel distance. 2. Provide curb and gutter or seek variance. 3. Obtain required permits. 4. Statement that proposed improvements do not lie in 100 year flood plain. 5. Provide guarantee of construction signed by Owner. 6. The northern portion of this project may interfere with the long range plan to connect Pine Mill Road with FM 195, according to Master Plan. 7. Provide replat of the property. I recommend approval of this site plan assuming completion of the above items. Sincerely, Earl E. Smith, P.E. City Engineer EES:ps cc: Michael E. Malone, City Manager T.R. Haynes, City Attorney Rick Powell �xMB iT 028 -MY4 3t1ld (316OdOW o LL I L UJ C) U) Ml I III tn 0 D th UJ C) U) Ml I III 029 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL April 11, 1994 The City Council of the City of Paris met in regular session, Monday, April 11, 1994, 6:00 P. M., The David Roberts Police and Court Building, 811 Bonham Street, Paris, Texas. Mayor George Fisher called the meeting to order with the following Councilmembers present: Don Shelton, Jim Bell, Millie Ingram McDonald, Wayne Brown, John Bell, and Rondie Williams. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Reverend Raymond Armstrong, Minister of McCuistion Regional Medical Center. Mayor Fisher asked if there were any corrections or additions to minutes of previous meetings, and Councilman Jim Bell said the minutes from the previous meeting of Thursday, April 7, 1994 are slightly incorrect in that a motion was made by him that the question of my residency be tabled until the Attorney General's opinion was received. Councilman Jim Bell said that motion was agreed to by Mr. Shelton who seconded it, and he would like the minutes to reflect that tonight based on that tabling, the item should not be on the agenda tonight. Mayor Fisher advised that according to the motion that he asked to be repeated, that is not his understanding of the motion. Mayor Fisher said he asked how long you wanted it to be tabled, and there were no specifics on it. Councilman Jim Bell replied "it is to Mr. Shelton and I" he seconded the motion, and it was until the Attorney General's report is received, now that was not a specific date, but Mr. John Bell, Mr. Shelton and myself voted on that to pass, and believed that was the motion that was made. Councilman Jim Bell made a motion that the minutes be amended to read that item is tabled until the Attorney General's report is received. Mayor Fisher said before he accepted the motion he would like to hear from the City Attorney and /or the City Clerk as to the motion that was made at the April 7, 1994. City Attorney Haynes advised that after the motion was made, he specifically asked the question "is this for a specific time ", the reason he asked the question was because the last time that motion was made it was tabled until that Thursday night meeting, and the answer he got was that it had no specific time. The City Clerk reported that after Mr. Bell made his motion, the City Attorney or Mayor asked for a specific time, and it was to continue the status of his continued service on the City Council, with no time limits. City Attorney Haynes advised that what we have before the Council at this time is whether or not to approve the minutes, and what Mr. Bell 030 is saying is he would like to correct the minutes. It was his opinion that a motion can be made if it has not already been made, and it can be seconded if it has not been seconded, that the minutes be corrected in the fashion that Councilman Jim Bell has stated, and that matter becomes an issue for the Council to vote upon. Either way, the Council still has the item on the agenda, it is a posted agenda, and the Council can made motions concerning it, set a time, change the time, or any of those things since it is on the agenda. Councilman Jim Bell again stated that his motion is to correct the minutes to read as it should, and as it was made, that the item would be tabled until the Attorney General's opinion is received, and there is no time limit that it will be tabled and remain on the table until such time as the item is received. The motion was seconded by Councilman Shelton, who stated that he is correct, that he seconded the original motion, and what he said is the way the motion was placed. After discussing the status of Councilman Brown as to whether he has to vote on the motion as he was not at the April 7, 1994 City Council meeting, . the motion failed with 3 ayes, 3 nays, Mayor Fisher, Councilman Williams, and Councilwoman McDonald voting nay, and Councilman Brown not voting. City Manager Malone announced that the next item on the agenda is receipt of reports from committees, boards and commissions, with minutes for the Building Hazard Inspection Committee, Paris /Lamar County Board of Health, Lamar .County Rural Health Clinic Board, Paris Public Library Advisory Board, Paris Economic Development Corporation Board, and Traffic Commission with no action being required. Under personal appearance, Mr. Curtis Fendley representing the Paris Economic Development Corporation regarding economic recruitment services was present, telling the Council that the PEDC was requesting that the PEDC be allow with the City to enter into a professional service agreement with the Chamber of Commerce for the Economic Development Director as the Chamber Manager, Dick Chamberlain, is retiring at the end of June. JoAnn Parkman came to PEDC two weeks ago and requested that PEDC enter into a professional service contract with the Chamber of Commerce to have Chamber Manager /Economic Development Director, and that Economic Development Director would carry out the strategy plan that the Pace Group is putting together right now to market our community to other industrial prospects, and work in coordination with the City. Mr. Fendley said the request is for $25,000.00, and asked for permission to enter into the contract with the Chamber of Commerce with City Attorney Haynes being allow to draft the contract for one year subject to.review annually. City Attorney Haynes said the discussion before the PEDC was this would be a contract of services as opposed for a personal service contract in that the service being procured would be that of industrial recruitment. Under personal appearance Vicki Horne, 215 33rd S. E., appeared voicing her objections to smoking in public places, stating that she was ,031 seeking justice in city government which is something this very day along with honesty she has been unable to find. Ms. Horne again asked the City Council to please ban smoking from all public buildings in the City of Paris. Ms. Horne said she was asking this because she cares about herself, her family, her friends, and all other people. After further discussion with Ms. Horne, Mayor Fisher polled each Councilmembers on their feels regarding banning smoking city wide. Councilman Shelton - each individual business has the right to make decision as to what goes on in their business, now if you choose not to do business there,. that is your privilege; Jim Bell - in small businesses and businesses that the owners would have that right, he hesitates to take that right away from them, but he has no objections to banning smoking all together, but by the same token too, there are certain rights they have; Councilwoman McDonald - individual business owners has the right to allow smoking or no smoking, the individual person has a right to smoke or not smoke; Councilman Brown - I am a non - smoker, I have a non - smoking facility in my office, I do not believe in the government telling an individual how to operate his business; Councilman John Bell - I believe this country is formed on freedom and choice, you can not have freedom if you do not allow others freedom; Councilman Williams - I am a non - smoker, and hopeful tonight we can make a decision as this issue is on the agenda; Mayor Fisher - I do not have a problem with banning smoking. Mayor Fisher declared the public hearing open concerning property determined by the Building Hazard Inspection Committee to be a fire hazard and /or dilapidated or dangerous structures and or a nuisance. Mike Alexander, City of Paris Code Enforcement Office, was present telling the Council that there were sixteen structures that have been declared a hazard that there was a person in the audience who might want to speak regarding Item No. 4, 516 E. Tudor, Lot 5 -A, City Block 61, referred to as Charlie Morgan Domino Shack, and 510 E. Tudor, Lot 5, City Block 61, referred to as the Shoe Shine Parlor, belonging to McKinley Johnson. Mr. Alexander advised the motion of the Building Hazard Inspection Committee was to declare dilapidated and a hazard due to drug activity and order removed within 30 days for both structures. Mayor Fisher advised that Mr. Johnson had called him last week and I told him that I would address the issue for him he did not feel like speaking. Mayor Fisher said that Mr. Johnson did make an attempt to make corrections to the piece of property known as the Shoe Shine Parlor, but he was not sure what the status is now, but Mr. Johnson requested that he be given 60 day to work on the property. Mr. McKinley Johnson was presented telling the Council that he was the owner of the two pieces of property, and at the time the property was declared dilapidated he was in the hospital in Dallas, and he did not have notice of this being done, and requested additional time to make repairs. Mr. Johnson answer City Attorney question of his intention to improve the property by answering yes and that some progress has been made. 032 Joe McCollum, and Steve Burgin members of the Building Hazard Inspection Committee both stated that they would stand with the original recommendation. Karl Louis, Police Chief, addressed the matter from a police standpoint, that they would like to see the buildings demolished as soon as possible. Mr. Louis told the Council that gangs use that place as a crack house. Mr. Johnson is trying to do everything he can, but he did not thing it was in his power, and it is private property which is hard for the police to control all the time without having the owners being there to work with the police. Mr. Alexander and Steve Burgin both advised it would cost more to repair the building than what they are actual worth, or would be worth, and once they are repaired, they will be torn up again in a short period of time After further discussion, a motion was made by Councilman Shelton, seconded by Councilman Brown The Motion carried 7 ayes, 0 nays. After Mr. Alexander presented 14 other pieces of property with no one else appearing, Mayor Fisher declared the public hearing closed. A motion was made by Councilman Bell, seconded by Councilwoman McDonald authorizing preparation of an ordinance declaring certain structures to be hazardous and the disposition of the same with the exception of Item No. 4 and 5 of the list, directing the Building Hazard Inspection Committee to go out and do an appraisal of the property to bring it up to meet the standards of the City of Paris, and if he is willing to spend that amount of money to do so, then he should be allow 30 day to do so, if not it should be torn down. Give Mr. Johnson a list items that needs to be corrected. Directed that Mr. Johnson be notified in writing of the consequences of possible drug activities. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance for a No smoking ordinance which would restrict or eliminate smoking in buildings to which the public is invited, with businesses having the option to permit smoking in designated areas with proper ventilation in accordance with City requirements and constructed under City inspection, or providing smoking under the option to post warning notices that smoking is permitted and occurs upon the premises and it would be hazardous to your health to enter such facilities. Ken McKee, 1355 N. Collegiate Drive, appeared before the Council stating that he owns his business, and should be able to say if it is smoking or non - smoking. Mr.McKee said he permits smoking in is facility, and did not think anyone should be able to tell him that he has to stop smoking in his business, but would not have a problem with posting a sign stating smoking was permitted. Ms. Horne again appeared before the Council voicing her objection to smoking in public buildings and businesses. 033 After discussion, a motion was made by Councilman Jim Bell to amend the City of Paris's current Smoking Ordinance to ban smoking in all City owned properties and vehicles, and to hold a pubic hearing on that ordinance, and that we further pass an ordinance on private business allowing them to post themselves as non - smoking, smoking or smoking in designated areas and those designated areas be properly ventilated and should be posted regardless whether they are smoking or non - smoking. The motion was seconded by Councilman Williams, and carried 5 ayes, 2 nays, Councilman John Bell and Councilman Brown voting nay. Mayor Fisher appointed a committee consisting of Councilman Don Shelton, Councilman Jim Bell, and Councilwoman Millie McDonald to study the proposed ordinance, and come up with a design for smoking and non - smoking signs to be posted in public buildings and private businesses. ORDINANCE NO. 94 -016 AN ORDINANCE MENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY ZONING MAP OF SAID CITY; ESTABLISHING A COMBINATION PLANNED DEVELOPMENT - COMMERCIAL DISTRICT (PD-a.1) AND PLANNED DEVELOPMENT - HOUSING DISTRICT (PD -b) ON LOTS 9, 9A, 10, 11, 12, AND 13, CITY BLOCK 259 ON PROPERTY BELONGING TO RICHARD POWELL AND LYNN NEWMAN, ET AL, SO AS TO INCLUDE. THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SD -2) AND SPECIFIC USE PERMIT - PLANT NURSERY; AND DESIGNATING THE BOUNDARIES OF THE COMBINATION PLANNED DEVELOPMENT - COMMERCIAL DISTRICT (PD-a.1) AND PLANNED DEVELOPMENT - HOUSING .DISTRICT (PD -b) SO ESTABLISHED was presented. A motion was made by Councilman Jim Bell, seconded by Councilwoman McDonald for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 - -017 AN ORDINANCE MENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY ZONING MAP OF SAID CITY; ESTABLISHING A GENERAL RETAIL DISTRICT (GR) ON LOTS 1, 2, 3, AND 4 BLOCK 1, LAMAR TERRACE ADDITION, ON PROPERTY BELONGING TO JACK C. AND SHARON CRABB, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) SO ESTABLISHED was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -018 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) AND SPECIFIC USE PERMIT - AUTO FUEL SALES (49) ON LOT 12, CITY BLOCK 321, ON PROPERTY 03 BELONGING TO BOBBY WINTERS, SO AS TO INCLUDE THEREIN TERRITORY DESIGNATED AS A COMMERCIAL DISTRICT (C); AND DESIGNATING THE FORMERLY OF THE COMMERCIAL DISTRICT SALES (49) SO ESTABLISHED (C) AND SPECIFIC USE PERMIT E BOUNDARIES AUTO FUEL was presented. A motion was made by Councilman Jim Bell, seconded by Councilwoman McDonald for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE N0. 94 -019 AN ORDINANCE CONTAINING A HEARING ON PROPERTIES LOCATED IN THE CITY OF PARIS, PARIS, TEXAS, BELONGING TO VARIOUS OWNERS, AND AN ORDINANCE OF THE CITY COUNCIL FINDING THE MATERIALS REMAINING ON THE PREMISES TO CONSTITUTE A NUISANCE AND TO BE A FIRE HAZARD TO LIFE AND PROPERTY AND A HAZARD TO THE LIFE AND WELFARE OF THE INHABITANTS OF THE AREA, AND ORDERING SAID RUBBISH, LUMBER AND REFUSE FROM THE STRUCTURES TO BE TORN DOWN AND REMOVED FROM THE PREMISES IN ORDER TO ABATE SUCH NUISANCE was presented. A motion was made by Councilman Jim Bell seconded by Councilman John Bell for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulation of .bids for furnishing an delivery of seven personal computer systems c Library, and the following bids were received: for the Paris Pbli Professional Business Systems - Paris, Texas Professional Computer Services - Paris, Texas $10,384.07 $10,127.00 A motion was made by Councilman Jim Bell seconded by Councilman John Bell awarding the bid to Professional Computer Services in the amount Of 510,127,00. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing nd deliver of fifteen computer terminals for the Paris Public Library, and the following bids were presented: Professional Business Systems - Paris, Texas Professional Computer Services - Paris, Texas $5,146.25 $4,935.00 A motion was made by Councilman John Bell, seconded by Councilman Brown awarding the bid to Professional Computer Services, in the amount of $4,935.00. The motion carried 7 ayes, 0 nays. City Manager Malone computer printers for Public Library, and the called for the tabulations of bids the, two laser and two dot matrix for following bids were presented: Professional Business Systems, Paris, Texas Professional Computer Services, Paris, Texas $3,646.31 $2,895.00 for four the Paris A motion was made by Councilman John Bell, seconded by Councilman Williams awarding the bid to Professional Computer Services, in the amount of $2,895.00. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and deliver of One uninterruptible power supply the Paris Public Library, and the following bids were presented: Professional Business Systems - Paris, Texas $1,187.80 The Power Place - Euless, Texas $1,179.00 StorNet, Inc - Grand Prairie, Texas $1,150.00 Professional Computer Services - Paris, Texas $ 988.00 A motion was made by Councilman John Bell, seconded by Councilman Brown awarding the bid to Professional Computer Services, in the amount of $988.00. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of one voice transmitter with a 1 watt RF Power Output, and the following bids were presented: Special Services Company AID, Inc. $1,055.00 $1,145.00 A motion was made by Councilman Williams, seconded by Councilman John Bell awarding the bid to Special Services Company in the amount of $1,055.00. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of one 1994 Type 1, Class I ambulance for the E. M. S. Department, and the following bids were presented: Total Cost Trade -In Total Bid McCoy Miller $69,900.00 $3,000.00 $66,900.00 Taylor Made $59,450.00 $5,000.00 $54,450.00 Wheeled Coach $69,078.00 $2,000.00 $67,078.00 City Manager advised that it was the recommendation of Kent Klinkerman, Deputy Chief - EMS, that there was $54,000.00 budgeted for the building of the ambulance, and the bid made by Taylor met all of the specifications with the exception of an alternative material to be used for the action area in the patient compartment, but it was acceptable, and further recommended that the extra funds be appropriated and that this bid be awarded to Taylor Made Ambulances. After discussing this with Fire Chief, Steve Burgin, a motion was made by Councilman Shelton, seconded by Councilman Jim Bell to table action on the bid for the ambulance until the next meeting, and bring it back at that time, and requested that the bids be checked to see if the other bids met specifications. The motion carried 7 ayes, 0 nays. City Manager announced the next item on the agenda was consideration of and action on authorizing the preparation of a resolution opposing the 036 location of private clubs at 3320 Lamar Avenue, 725 7th Street N. W., and 1175 7th Street N. W., and advised that the City has received citizens inquiries concerning the establishment of private clubs at several areas in Paris. Dr. Wilbur Simmons, Pastor of Ramseur Baptist Church appeared before the Council telling the Council that it had come to their attention that there is a pending application to sell alcohol on the property adjoining their church now known as Anthony's. Or. Simmons said that the sale of alcohol at this location would severely damage their congregation and the surrounding neighborhood, and believed that it violates City and State Laws along with being a direct conflict with the beliefs of the congregation, that it would create an environment which would endanger our members. Mr. Simmons asked the Council to review this application and urged that the City deny this application for a license to sell alcoholic beverages. City Attorney Haynes advised that there is State Law that prohibits this if the front door of the establishment is with in 300 feet of the front door of the church, but that he had been told by people at the church that it is over 300 feet. Councilman Jim Bell pointed out that this is not a public hearing, and we are conducting one, and unless the property owners involved were given proper notice, he felt that we were taking action without giving them appropriate notice to public hearings concerning their property. Mr. Bell said that we were singling out individual properties, we have another problem that we are creating. Mayor Fisher requested City Attorney Haynes the agenda, and the way it is listed on the we can allow citizens to address what they the agenda. to explain item number 9 of agenda as to whether or not requested to be placed on City Attorney Haynes advise that is with in the chair's prerogative to permit people to speak with regard to matters that are on the agenda. City Attorney Haynes said he did not think it necessary to declare a Public hearing for ever item on the agenda in order to have people to speak, and with regard to this item, the State of Texas Law permits private club license application on the ground that is stated and as read by Dr. Simmons, which they are asking the Council to take a Position on. Councilman Bell said it would be appropriate for the Council to take action in regard to an application, and at this point there is no application at this time, that we are taking action against a man that owns the property where there is no application. City Attorney Haynes told the Council that this item was on the agenda to authorize preparation of a resolution to be presented at a later date to the Council. The State will notify the Police Department if someone applies for a private club in the City. Karl Louis, Police Chief, was present telling the Council that only one application has been applied for with the Texas Alcoholic Beverage Commission, that being the location at 725 7th N. W., and we have already issued a protest on it. City Manager Malone said the resolution would only oppose private clubs at those three locations regardless of who owns the property, and if they do not make application for a private club, then the resolution would have no effect. Troy Bray owner of the property at 1175 the N. W., ca,e forward telling the Council that he did not know anything about this until he read it in the newspaper about proposing a club on his property. Mr. Bray said he did not know anything about a club being established on his property. City Manager Malone said the City had received a protest regarding this location, and apologized to Mr. Bray. Councilman Jim Bell made a motion to get an appropriate ordinance restricting them further, and in the future to along with that on any of these properties that the owners be aware of it. City Attorney Haynes said that it was important that the Council remember that the item on the agenda would not permit you to take anything away from anyone. This is the decision making time as to your wish to authorize any further action in this area, but this would not permit you to even after the resolution opposing these things. After further discussion, Councilman Jim Bell withdrew his motion. Councilman Williams told the Council that he represents the area of 725 N. W. 7th, and what he has seen so far, there are two churches north of this site with in two block, and there is one church south of this location, not to mention the highly crime area that this is, and further stated that he was strongly against a club being allowed in this area. After additional discussion, a motion was made by Councilman Jim Bell authorizing preparation of a resolution opposing a private club that has been applied for at 725 7th N. W. The motion was seconded by Councilman Williams, and carried 7 ayes, 0 nays. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton to take a short break. The motion carried 7 ayes, 0 nays. Mayor Fisher reconvened the Council meeting at 8:15 P. M. Resolution No. 94 -026, resolving that the personal property described in Exhibit A, be, and the same is hereby declared to be surplus property of the City of Paris and the same may be added to the list of property to be auctioned on April 16, 1994, was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton for approval of the resolution. The motion carried 7 ayes, 0 nays, 038 RESOLUTION NO. 94 -026 WHEREAS, the City Council of the City of Paris did, on the 10th day of March, 1994, in Resolution No. 94 -018, declare certain property to be surplus and authorize the execution of a contract for auction of the same; and, WHEREAS, the City of Paris has been furnished an additional list of personal property, attached hereto as Exhibit A, which no longer serves a useful purpose for the City of Paris and its operation, and it would be appropriate that said personal property be declared surplus property; and, WHEREAS, it would be appropriate to add said surplus property to the list of items to be auctioned on April 16, 1994; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the personal property described in Exhibit A be, and the same is hereby, declared to be surplus property of the City of Paris and the same may be added to the list of property to be auctioned on April 16, 1994, in accordance with the laws of the State of Texas and the Charter of the City of Paris. PASSED AND ADOPTED on this l lth day of April, 1994. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney 001 �2 L� orge fisher, Mayor SUPPLEMENTAL AUCTION LIST APRIL, 1994 1. Savin 775 Copier 2. Savin 775 Copier 1. 1985 GMC Pickup Truck CITY MANAGER 1. 2 -pc Hasler Mailmaster 2. Adler Typewriter, Model 3.- Norelco Dictaphone (w/ 4. IMS Postage Scale SIN 2600811325 SIN 2600811306 VIN 1GTCC14N3GF710517 #SE1065 foot control) SIN 8005159 SIN 53002306 SIN 1871115123 SIN 3544 Resolution No. 94 -027, resolving that the City Council of the City of Paris does hereby consent to the inclusion of that portion of the extraterritorial jurisdiction of the City of Paris shown on Exhibit A within the rural fire prevention district to be created by the Reno Volunteer Fire and Rescue Department, was presented. Steve Burgin, Fire Chief, was present, presenting a map of the area, telling the Council that the current one mile district shown in pink on the map would also continue into the yellow crossed matched with red, and the yellow crossed matched with the red is the portion of the one mile extraterritorial that Reno wants to include in their fire district. The full yellow does represents their entire area. Mr. Burgin said that basically what we would be doing is allowing them the opportunity to go ahead and proceed by asking for an election to allow the voters that live in those areas the chance to decide what they would like to do. A motion was made by Councilman Jim Bell, seconded by Councilman McDonald for approval of the resolution. The motion carried 7 ayes, 0 010 RESOLUTION 94 -027 WHEREAS, the City Council of the City of Paris is in receipt of a request from the Reno Volunteer Fire and Rescue Department for inclusion of a portion of the City of Paris' extraterritorial jurisdiction, as shown on Exhibit A attached hereto, within the rural fire prevention district which is being created by said Department; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris, Texas, and those persons residing within the area described in Exhibit A, that the City of Paris consent to the requested inclusion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Council of the City of Paris does hereby consent to the inclusion of that portion of the extraterritorial jurisdiction of the City of Paris shown on Exhibit A attached hereto within the rural fire prevention district to be created by the Reno Volunteer Fire and Rescue Department. PASSED AND ADOPTED this 11 th day of April, 1994. org isher, Mayor ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: e'fnry , t Attorney 041 4.�• �•, r• �i„�•_, 1• r �+• �� / r1 ;I (5 IF �' .•i. ••�' \ 1 tom•_• '/ /• •�' }��eM h• . — _ _.- �LF.''�_ . •• 1. /I •f..��_• •f V.w ,�. 'i / •i1••�,s' ••� ��• • +��^.•Il �••no -� /� \ u. t.v,.w 11 �L ��°.. ✓.. / �'T.r;• L� •/� ' •//, % Tj ,' ._ _.���,�_. •!,•._L.i t,�-� . — - -�;�c 'mac.` •Oy %''a \ / !)— �• `�` •.`, SARIS f Its 'Y `' �- �. 1. ,�-1 • '' ti. + �'; L �i` Y RENO 1 BLOSSOM -i�'r SY- R ' - 1 '... '' ./ •1 !. , y f ` I .,�1 j ~ ►vi .7 ( �1 �• �'0• N �_• ''; }- __....,\ v �. ., _ r 1 ,— -•+" , ♦•w} t!."�v \.• � -!iya; L- 3r __�_i `l �Jl -1 •�• •� 1 •i �7 -�j ' i*. -..1 —. '1 _1 , \i r � _ � RM r -S •f n ,".' .rr. ..IP� r. \:. A yr i � '�: 1 , \• l \� ' •S� •:. ^: �`:;y :N'h;M� �'�j • ►- s- :,�• \•.� w - 11 1�- •{Uhy' Y_`. N j 1 � .- �?'T'." ..•..\ / (.` !\ CO 'a•.rw\Q ''1 •I. .�; L► -�' +1 r \•I" .r ✓ +7.��'ter. `• / ✓. ` ,'Ot �''`;' 'J•.,i: >..1 T1. .w...w.t� '� .:r.s e• ite - �� f L �— ~ / '. V. Je - .na•,..• r! l x:11. � � r. t .r � � --- ` � � ^(' ` - j; i � 1: � : •�,, ./ � �:". . lT.c"^ ,- ,I =./ � � -•O t�'G�,... 4-7 "...�•c ��•Cipa, y� . /� a l i1 V e ' `...� � `�� � ,r� �}.. � � l � �j ta�7 -- , � �.v.el � _Ir• 3f .e.w+r1� •\ v:r.f.tt.•dn- .+r.- �-' -�*- -� _..�..:4 - -. �/ c Z.a : 1 t . s •, ,T ��1• �• r ,tea♦ 1 ` •.. r ` �,�.�' '� " \4, / • '•�.r;,, • •.: • v,� �y{ .. �., . ). .ems' � \ � • Y 1 (F n ! 5 :.. •� �,•` 7rtA05'O,w fl ' Jww..i^ `r i r r I: ��Ji1� ?�,�� f. ,i �o \ /;.'J `• >.� r �. - :'X1,1 1 •� ``j \S e / .ti �� • ' 1 -'"'"� % �• `gym.. ,� � . �� l r • +u s `_ ,� S \ j • rx:n•r : 4,'I - h'y r • RuOV j' / .r. i I vh rrO+c I �/ .. r jj I •� C; . +• t I+Ir.. I. J i .f • ' ( ' t, •• .i `.'• C- °'••Erma? uo ',�/�•\ . = I :.• i ft • r •. 1 t'' jl / IIMIe Oi I . . PARIS FIRS tiEFARTMr=NT QR�1� or FIRST RU" RES'PC)NSE PRoPc�SED �Lr_-T SON VR.o EXHIBIT Resolution No. 94 -028, authorizing and directing the execution of an agreement on behalf of the City of Paris, doing business as the Paris Police Department Beat the Heat, the agreement with Billy R. Hill for the use of a 1984 Cutless and the contingencies related thereto, was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Williams for approval of the resolution. The motion carried 7 ayes, 0 nays. 042 RESOLUTION NO. 94 -028 WHEREAS, the City of Paris, doing business as the Paris Police Department's Beat the Heat, an affiliate of North Texas Beat the Heat Association, an anti -drug public relations activity, has a need for the use of a 1984 Cutlass to be used for hot -rod racing, and the City Council of the City of Paris is agreeable to encouraging such public relations activity; and, WHEREAS, in order to receive the use of said automobile it is necessary for the City of Paris to enter into an agreement with Billy R. Hill; and, WHEREAS, the form of agreement for such use of said automobile and the contingencies related thereto, afLrached hereto and Exhibit A, should be in all things approved, and City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute on behalf of the City of Paris, doing business as the Paris Police Department's Beat the Heat, the agreement with Billy R. Hill for the use of a 1984 Cutlass and the contingencies related thereto, in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 11 th day of April, 1994. ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. K. Haynes, ty Attorney ,C-r, Ac7 org Fisher, Mayor STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) THAT, the CITY OF PARIS, Paris, 'Texas, a municipal corporation, doing business as Paris Police Department's Beat the Heat, an affiliate of North Texas Beat the Heat Association, an anti -drug public relations activity, acting by and through its City Manager, Michael E. Malone, duly authorized, hereinafter called CITY, and BILLY R. HILL, hereinafter called CONTRACTOR, do hereby contract and agree as follows: 1. CONTRACTOR shall provide to CITY the use of a 1984 Cutlass, which will be ,used for the purpose of hot -rod racing. 2. Within or' at the end of two (2) years, CITY agrees to return to CONTRACTOR the 1984 Cutlass, or, if said automobile is not returned within or at the end of two (2) years, CITY agrees to pay CONTRACTOR $4,500.00, which is the agreed upon value of said automobile. 3. CITY has the right to unilaterally terminate this agreement at any time. In the event of CITY's unilateral termination of this agreement during the primary term hereof, the CITY is bound to return or pay as agreed in paragraph number 2 above. Executed this day of April, 1994. CITY OF PARIS By: Michael E. Malone, City Manager ATTEST: . Mattie Cunningham; City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CONTRACTOR Billy R. Hill EXHIBIT 043 044 Resolution No. 94 -029, approving the assignment of the Lease Agreement with Jerry Kyle to Eddie Dean Kyle is hereby approved, and further authorizing the Mayor of the City of Paris, George Fisher, to execute on behalf of the City of Paris the Assignment, was presented. A motion was made by Councilman Shelton, seconded by Councilman Jim Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -029 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 87 -046, passed on April 13, 1987, approve the leasing of the amusement park area of Culbertson Park to KENNETH GIFFORD; and, WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 91 -058, approve the execution of an Assignment of Lease Agreement from KENNETH GIFFORD to JERRY KYLE; and WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 92 -023, passed on March 30, 1992, approved the execution of a new Lease Agreement with JERRY KYLE for an additional five years with a five year option; and, WHEREAS, JERRY KYLE is no longer desirous of continuing with said Lease Agreement and has requested the City Council of the City of Paris to approve the execution of an assignment of the Lease Agreement from JERRY KYLE to EDDIE DEAN KYLE; and, WHEREAS, the City Council desires to continue to lease the amusement park area of Culbertson Park; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the assignment of the Lease Agreement from JERRY KYLE to EDDIE DEAN KYLE, be, and is hereby approved. BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, George Fisher, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Assignment in the form of Exhibit A attached hereto. PASSED AND ADOPTED this I 1 th day of April, 1994. ATTEST: Mattie Cunningham, City Clerk APPROVED AS T,OrFORM: T. K. Haynes, City Attorney 9a6rge f�isher, Mayor 0 4i 046 STATE OF TEXAS } } COUNTY OF LAMAR } ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS THAT JERRY KYLE, hereinafter called ASSIGNOR, for consideration of the assumption of the ASSIGNOR's obligations under the assumed lease does hereby bargain, sell and assign to EDDIE DEAN KYLE, hereinafter called ASSIGNEE, all my right, deed and interest in and to that certain Lease Agreement between JERRY KYLE and the City of Paris, dated March 30, 1992. ASSIGNEE will be responsible for all terms and conditions stated in said assumed Lease Agreement attached hereto as Exhibit A. f ; '.i . r l V JERRY KYLE, ASSIGNOR EDDIE DEAN KYLE, ASSIGNEE The aforesaid assignment is approved and accepted by the City of Paris, Paris, Texas. CITY OF PARIS, PARIS, TEXAS ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney Geor a Asher, Mayor EXHIBIT 7 LEASE AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LAMAR § THIS LEASE AGREEMENT, made and entered into this 30th day of March, 1992, by and between the CITY OF PARIS, Paris, Texas, .,a,; mupjp,.iRal .•corporation, „by and ; through, ,:its Mayor, George•, Fisher, ,,duly: authorized, hereinafter called LESSOR, and JERRY ;KYLE,,, of Lamar County, Texas, hereinafter called LESSEE, WITNES,SETH: For the term and. consideration, and upon the terms, specifications -and conditions herein prescribed and specified, LESSOR does hereby let and lease to LESSEE, JERRY KYLE, all that portion of Culbertson Park, a recreation area owned by said CITY OF PARIS, bounded on the North by •Neathery Street, bounded on the East by 17th Street, S.E.,.bounded on the South by East Hearon Street, and bounded on the West by a fence running due North and South from Neathery Street to East Hearon Street, which fence is located on the West Side of the miniature golf course now.existing on the area involved, being the area now under.,fence .on;,the extreme; East portion of Culbertson P.ark.,.. ,,The .term._pf. ,this. lease shall be for a period of five (5) years from and after April 1, 1992, that is from April 1, 1992, through March 31, 1997, at which time and on which date the same shall terminate, unless sooner terminated as herein specified and provided, during which term LESSEE may and shall occupy the same and use the same as an amusement and recreation center, and for no other purpose, on consideration of and for which, LESSEE, JERRY KYLE, contracts, agrees and obligates himself, his heirs and assigns, that he will pay and deliver over to the City Clerk of the City of Paris, monthly, on the lst day of each month hereafter, during the term of said lease, a certified statement of the gross receipts accruing to and from the operation of the amusement center and each facility thereof for the immediately preceding' aion.t,h;,,,Itherewi,th..paying and delivering .Go; the..City of Parid as "'rental or lease money a sum equal to ten per-cent EXHIBIT A 048 (10 %) of said gross receipts, income from the operation of the miniature golf course, or any other amusement placed on and used in the aforesaid property. In the event that LESSEE shall keep each and every agreement contained herein and do and perform all the obligations required of LESSEE hereunder during the term of this lease, an option is hereby given and granted to LESSEE to renew and extend this lease for an additional period of five (5) ­years :,! from and .I after the expirar.ion of t, this agreement, for and in consideration of the delivery of monthly payments 'on the 1st day of each month, to.the City Clerk of the City of Paris, during the term of said five - year option period, a certified statement of the gross receipts accruing to and from the operation of the amusement center and each .facility thereof for the immediately preceding month, therewith paying and delivering to the City of Paris as rental or lease money a sum equal to ten per cent (10 %) of said gross receipts, income from the operation of the miniature golf course, or any other amusement placed on and used in the aforesaid property. Said option may be exercised by LESSEE'S giving notice in writing of LESSEE'S intention to renew said lease on or before the lst day of March, 1997. In consideration whereof, LESSOR and LESSEE, mutually, agree as follows: (1) That LESSOR let and lease to LESSEE the above described property and premises at the rental and for the term and consideration hereinabove set out, and upon the covenants and conditions herein specified. (2) If LESSEE shall at any time abandon such leased property and premises, or shall by any means evidence his desire or intention to cease to operate thereat and thereon an amusement and recreation center, then LESSOR may; at its option, cancel this . lease by action of its Governing Body, spread on the minutes of such Governing Body, without o liability to LESSEE, his heirs or assigns, and in such event LESSOR shall be entitled to. and may dispose, as it. may see fit, of any and all improvements or equipment located thereon. , (3),. That „if; the LESSEE shall make default in the payment of any rentals due under the terms of this lease, then the LESSOR shall have the right to terminate said lease by giving the LESSEE thirty (30) days notice in writing of its intention to terminate said lease, and any and all properties, improvements or equipment thereon located, may be disposed of by the LESSOR as it sees fit. (4) LESSEE shall and must keep and maintain said leased property and premises in a clean and careful manner, suffering no .trespass upon the same and allowing no unclean or unhealthy condition or practice to develop thereon. Grounds maintenance shall include: During the months of April through September, the premises will be mowed and weedeated on an as needed basis. When all leaves have fallen ; from ^. ;the trees, -; it, will be the LESSEE'S fresponsi- bility to,remove! all leaves from said premises. All bags of leaves and trash shall be removed from premises within 24 hours of the time the trash and leaves are collected. Grounds maintenance shall include the entire area listed in the second paragraph on the 1st page of this agreement. That the LESSOR agrees that in the event any trees located upon said premises shall die or shall become mutilated by the loss of limbs or portions of limbs, that LESSEE will remove the same, by removing the dead limbs or the dead tree, if, any, or any portion of limbs that may become damaged from the tree and from the premises at the expense of the LESSEE. (5) That at no time during the term of this lease shall LESSEE permit or allow any excessive noises on or in connect ion.,:wfth,,,.the operation and use of said, leased premises,,!i'ncluding. among other things, playing of any loud 050 music, or any other noise which would constitute a nuisance to the people residing in the vicinity of such leased premises. That a breach of any part or portion of this section shall at the option of the LESSOR work a forfeiture of this lease. (6) LESSEE further agrees, contracts and obligates himself, his heirs and assigns, that such amusement and recreation center; and all facilities thereof, will be closed to the public, and the same shall not and will not be open to the public for any purpose after 12:00 o'clock midnight at any time during this lease. (7) LESSEE shall not install, erect or provide any amusement or recreation device, in addition to such devices and equipmenta;-..presently� :located at and in � use and in connection with the operation of the leased premises, without first securing the written permission for such installation, or provision from the City Manager of the City of Paris. (8). LESSOR shall at any and all times have the right to enter upon the leased property and premises for the purpose of inspecting the condition of the same and to enforce any Federal or State law or Ordinance of the City of Paris, and eachfand every provision of this agreement. (9) LESSOR shall not be liable to LESSEE, his agents, servants, employees, patrons, customers, visitors, guests or invitees, for any damage or injury caused by the act or negligence of any person, or resulting from the operation of 1 any device or,equipment located upon the leased property, or any part, or. appurtenance ..thereof, nor for any damage or injury from zany defect or want of repair of any structure or device on such premises; further, LESSEE agrees to indemnify, save and keep harmless LESSOR from any and all demands, debts; liabilities, suits, claims and causes of action of every kind on account of.injury or damage to any U51 person or property, arising from or connected with the use, occupancy and control of said property and premises by LESSEE during the term of this lease. (10) , LESSEE shall and must at all times during the term of this, agreement .keep.and maintain in full force and effect. a, policy �or policies of insurance, providing at least $250,000.00 per;,person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for, any and all damages, personal injuries, or property damages sustained in or upon cne premises of said leased property, or any part thereof, as the result of the negligence of LESSEE, his agents, servants or employees, and shall pay all premises due thereon when due. it is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable Insurance company or companies, and must show LESSOR as an additional insured, subject to approval by the City Attorney of the City of Paris, and LESSEE or his insurance carrier or carriers i, shall deliver a copy of any such policies ''to the City Clerk :of the City of Paris, or furnish to said City Clerk a current! letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at sSl times during this lease and any extension therefor. All such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461 -9037. (11) LESSEE shall keep and perform every agreement and covenant herein ;contained and shall conform to and observe all sanitary),or.d,ina.nces; .rules. and regulations of ,the SCate 052 of Texas and City of Paris applicable to the leased property; and in the event LESSEE shall default in any covenant, condition, provision or stipulation herein contained, this agreement may be terminated at LESSOR'S option, and it shall be lawful for LESSOR, in such event, to re -enter the leased premises and remove all persons, property and effects therefrom and take possession thereof without liability to any person, firm or corporation by reason of such repossession, LESSEE hereby waiving every claim for damages for or-by reason of said re- entry. EXECUTED IN TRIPLICATE at Paris,,Texas, on this the 30th day of March, 1992. CITY OF PARIS By eorge Fis er, Mayor ATTEST: Mattie Cunningham, CitX Clerk__ er LESSOR �i. RY KYLE LESSEE APPROVED A 0 ORM: K. Hayn s, City Attorney STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared George Fisher, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. 1 053 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30th day of March, 1992. ALICE M. PINALTO . Notary Public _ ���•. ,1 , L�� Sate of Texas Notary Pu ic, State of �/ -Texas- Commission Expires , 1 -29 -96 ii iiiiiii-*....,. /iii // //i STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared JERRY KYLE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. J/ GIVEN UNDER MY IiAND AND SEAL OF OFFICE this day of March, 1992. ALICE M. PINALTO ' `a Notary Public State of Texas ��•� +�" Commission �- Expires ,• iiiiiiiii.i�.• 29 -96 Notary Pu c, State o exas Resolution No. 94 -030, author�eedgandthe an Mayor and all documents of necessary George Fisher, to execute the Y to convey Lot 1, City Block 93 -D to Oscar Johnson for and inconsideration of the cash sum of $1,500.00, said money to be distributed pursuant to Chapter 34 of the Texas Property Code, was presented. A motion was made by Councilman Brown, seconded by Councilman John Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -030 WHEREAS, the City of Paris, Paris, Texas, has become the owner of certain real property as described on Exhibit A, attached hereto, by virtue of the fact that a sufficient bid was not received at a sale conducted by the Sheriff pursuant to an order of the District Court in Cause No. 56213, The Lamar County Appraisal District vs. Harold L. Boyd, et al; and, WHEREAS, a potential buyer of the property has come forward with an offer of $1,500.00; and, WHEREAS, all taxing entities involved in the above referenced cause must consent to the sale of the hereinabove described real property; and, WHEREAS, it is to the benefit of all the taxing entities involved that the property be returned to their respective tax rolls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, George Fisher, be, and he is hereby authorized and directed to execute the deed and any and all documents necessary to convey the property described on Exhibit A attached hereto, for and in consideration of the cash sum of $1,500.00, said money to be distributed pursuant to Chapter 34 of the Texas Property Code. PASSED AND ADOPTED this 11th day of April, 1994. ATTEST: Mattie Cunningham, City Clerk APPROVED AS T FORM: T. K. I- aynes, Ci y Attorney (p6rge fisher, Mayon TAX RESALE DEED STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } That the CITY OF PARIS, acting through its Mayor, PARIS INDEPENDENT SCHOOL DISTRICT, acting through its President of Board of Eduction, PARIS JUNIOR COLLEGE, acting through it s President of Board of Regents and LAMAR COUNTY, acting through its County Judge, hereunto duly authorized by resolution and order of the City Council, Board of Education, Board :;::of Regents and County Commissioners Court, which is duly recorded in the official Minutes Books of the CITY OF, PARIS, PARIS INDEPENDENT SCHOOL DISTRICT, PARIS JUNIOR COLLEGE DISTRICT and LAMAR COUNTY of Lamar County, Texas, for and in consideration of the sum of $1,500.00 cash in hand paid by OSCAR JOHNSON 719 Ash Street Paris, TX 75460 the receipt of which is acknowledged and confessed, has conveyed and~ quitclaimed and by these presents does convey and quitclaim unto said purchaser all of the right, title and interest of CITY OF PARIS, PARIS INDEPENDENT SCHOOL DISTRICT, PARIS JUNIOR COLLEGE and LAMAR COUNTY and all other taxing units interested in the tax foreclosure judgment against the property herein conveyed, acquired by tax foreclosure sale heretofore held, said property being located in the CITY OF PARIS, PARIS INDEPENDENT SCHOOL DISTRICT, PARIS JUNIOR COLLEGE DISTRICT, LAMAR COUNTY, Texas, and described as follows: SITUATED within the corporate limits of the City of Paris, County, of Lamar and State of Texas, a part of the Isaiah Davis Survey, being Lot 1, City Block 93 -D, also being that property more particularly described in Volume 141, Page 28, Deed Records of Lamar County, Texas. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantees, their heirs and assigns forever, so that neither the CITY OF PARIS, PARIS INDEPENDENT SCHOOL DISTRICT, PARIS JUNIOR COLLEGE DISTRICT and LAMAR COUNTY, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. LXHIBITA y SUBJECT however to the following covenant, condition and restriction: (a) The above - described realty. or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system. %Ttiese restrictions and conditions shall be binding upon grantee, i OSCAR JOHNSON or their successors and assigns for a period of fifty (50) years from the date hereof; and in case of a violation of either or both of the above restrictions, the estate herein granted shall, without entry or suit, immediately revert to and vest in the City of Paris hereinafter referred to as grantor, and its successor, this instrument shall be null and void, and grantor and its successors shall be. entitled to immediate possession of such premises and the improvements thereon; and no act or omission upon the part of grantor herein and its successors shall be a waiver of the operation or ,, :• enforcement of such condition. The restriction set out in (a) above shall be construed to be for the benefit of any person prejudiced by its violation. The restriction specified in (b) above shall be construed to be for the benefit of any public school district or any person prejudiced by its violation. This conveyance is expressly subject to any existing right of redemption remaining in the former owner of the property under the provisions of law and also subject to any recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the year the tax lien(s) arose. IN TESTIMONY WHEREOF the City of Paris has caused these presents to be executed this 11 th day of April, 1994. CITY OF PARIS, PARIS, TEXAS George Fifher, Mayor STATE OF TEXAS } COUNTY OF LAMAR } 057 BEFORE ME, the undersigned authority, on this day personally appeared GEORGE FISHER, Mayor of the City of Paris, Paris, Texas, Lamar County, Texas, known to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that lie executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 1 Ith day of April, 1994. Notary Public, State of Texas Commission Expires: IN TESTIMONY WHEREOF Paris Independent School District has caused these presents to be executed this day of , 1994. PARIS INDEPENDENT SCHOOL DISTRICT By: John Wright, President Board of Education STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared JOHN WRIGHT, President, Board of Education, PARIS INDEPENDENT SCHOOL DISTRICT, Lamar County, Texas, known to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 1994. Notary Public, State of Texas Commission Expires: 05 IN TESTIMONY WHEREOF Paris Junior College District has caused these presents to be executed this day of . 1994. PARIS JUNIOR COLLEGE DISTRICT .0 President of the Board of Regents STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared DAON WALL, President, Board of Regents, PARIS -JUNIOR COLLEGE DISTRICT, Lamar County, Texas, known to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1994. Notary Public, State of Texas Commission Expires: IN TESTIMONY WHEREOF Lamar County has caused these presents to be executed this day of 1994. LAMAR COUNTY By: DEANE A. LOUGHMILLER, County Judge STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared DEANE A. LOUGHMILLER, County Judge, Lamar County, Texas, known to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of April, 1994. Notary Public, State of Texas Commission Expires: Resolution No. 94 -031, accepting the drainage and utility easement on Lot 17B, City Block 249, from Lamar National Bank, was presented. A motion was made by Councilman Jim Bell, seconded by Councilman Shelton for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -031 WHEREAS, the City Council of the City of Paris is in receipt of a drainage and utility easement from Lamar National Bank conveying a part of Lot 17 -B, City Block 249, located south of the intersection of Lamar Avenue and Collegiate Drive on the west side of Collegiate Drive; and, WHEREAS, the City Council finds that the above described drainage and utility easement is necessary to serve the apartment complex under construction across Collegiate Drive from said Lot 17 -B, and the same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the drainage and utility easement, in the form attached hereto as Exhibit A, on Lot 17 -13, City Block 249, from Lamar National Bank be, and is hereby accepted. PASSED AND ADOPTED this l 1 th day of April, 1994.. ATTEST: Matting Cunningham, City Cle APPROVED AS T FORM: T. K. Haynes, City Attorney orge fisher, Mayor 059 i 061 rf , UTILITY AND DRAINAGE EASEMENT STATE OF TEXAS } KNOW ALL MEN BY TI -IESE PRESENTS: COUNTY OF LAMAR } That the LAMAR NATIONAL BANK, by and through its President, Mike Rhodes, duly authorized, of Lamar County, Texas, for and in consideration of the sum of ONE DOLLAR ($1.00) cash, and other good and valuable consideration, to it in band paid by the CITY OF PARIS, Paris, Texas, the receipt and, sufficiency ,of ,w1lich is hereby acknowledged, does hereby sell, give and grant unto the said CITY OF PARIS;, a municipal corporation, of Lamar County, Texas, a utility and drainage easement described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of tile, George W. Cox Survey #164, and being a part of a 3.028 acre tract of land described as Tract One in deed to Lamar National Bank, recorded in Volume 634, Page 630, Deed Records, Lamar County, Texas, and being more particularly described as .follows: BEGINNING at an iron pin for corner at the most easterly Southeast corner of said Lamar National Bank tract of land, and said point being in the West Boundary Line of Collegiate Drive; THENCE North a distance of 10 feet along the west boundary line of Collegiate Drive to a point for corner; THENCE West a distance of 168.65 feet to a point for corner; THENCE South a distance of 10 feet to a point for corner; THENCE East passing the northeast corner of Lot 17 -A, City Block 249 at approximately 29.88 feet in all a distance of 168.65 feet to the place of beginning, containing 0.04 acres of land. TO HAVE AND TO HOLD the above property unto the CiTY OF PARIS for the purposes aforesaid, with the right and privilege at any and all times to enter said premises, or any part thereof, and maintaining any and all utilities and drainage facilities placed therein; provided that Grantee will, after doing:any work in,connection with the construction, reconstruction, relocating or maintenance of said utilities and drainage facilities, restore the surface to the condition to which said surface was found when such work was undertaken insofar as permitted under the plans and specifications approved for projects to be located within the herein described easement, and that in the use of said rights and privileges herein granted, the CITY OF PAIRS will not create a nuisance or do any act that will be detrimental to said premises. Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, said premises unto the CITY OF PARIS against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXHIBITA L WITNESS our hands this 31st day of March, 1994. LAMAR NATIONAL BANK by: MIKE RHODES, PRESIDENT ATTEST: Pamela Christian, Cashier STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared MIKE RHODES, President, Lamar National Bank, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of March, 1994. Notary Public, State of Texas Printed name: Commission Expires: Resolution No. 94 -032, resolving that the Mayor of the City of Paris, George Fisher, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the Landlord's Subordination Agreement in favor of the First National Bank of Paris, Paris, Texas on property leased to Red River Valley Fair Association,, was presented. A motion was made by Councilman John Bell, seconded by Councilman Williams for approval of the resolution. The motion carried 7 ayes, 0 nays. G 6 1 662 RESOLUTION NO. 94 -032 WHEREAS, the Red River Valley Fair Association, Inc. has requested the city Council of the City of Paris, to subordinate its landlord's lien upon a 0.24 acre lot upon which a 40 foot by 100 foot combination exhibit and office building is to be constructed which lot is near Center Street upon fairground property heretofore leased to Red River Valley Fair Association, Inc., as authorized in Resolution No. 87 -006, with its term extended as authorized in Resolution No. 89 -036, each of the City of Paris; and, WHEREAS, the City of Paris wishes to continue to encourage the Red River Valley Fair Association, Inc., to improve the fairground property by construction of new buildings and is therefore agreeable to subordinate its landlord lien as requested, upon the terms and conditions described in the form of the Subordination Agreement attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, George Fisher, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the Landlord's Subordination Agreement in favor of the First National Bank of Paris, Paris, Texas, upon the terms and conditions and in the form attached hereto as Exhibit A. PASSED AND ADOPTED this 11th day of April, 1994. ATTEST: Mattie Cunningham, City Cl k APPROVED -AS TO FORM: T, A-layyne,City Attorney 4 /rL orge isher, Mayor i 63 AGREEMENT TO SUBORDINATE LANDLORD'S LIEN STATE OF TEXAS } COUNTY OF LAMAR } WHEREAS, on the 12th day of January, 1987, a Lease Agreement was made and entered into by and between the CITY OF PARIS, a municipal corporation, of Paris, Texas, as owner and Lessor, and RED RIVER VALLEY FAIR ASSOCIATION, INC., a corporation, as Lessee, covering the property and premises in Lamar County, Texas, commonly known as the Fairgrounds and being described in Exhibit A attached hereto and incorporated herein for all purposes; and, WHEREAS, Red River Valley Fair Association, Inc., is arranging for the construction and erection of a 40 foot by 100 foot combination exhibit and office building to be located on the fairground property, construction and erection of the structure will have to be financed and the debt secured by a security agreement and financing statement on and against the property described on Exhibit B attached hereto, and in order to obtain such financing it is required by the lenders that the City of Paris subordinate its landlord's lien created by the execution of the aforementioned Lease agreement; and, WHEREAS, the First National Bank, as the financial institution providing the financing for the construction and erection of the combination exhibit and office building is requiring additional security in the form of the exhibits buildings which is located on property described on Exhibits C and D attached hereto, and it is necessary that the City of Paris' landlord's lien created by the same above described _ lease, be subordinated to the security instruments securing the financing for the construction and erection of the combination exhibit and office building; and, WHEREAS, the construction of the combination exhibit and office building will be of substantial value and benefit to the City of Paris and its citizens; NOW, THEREFORE, KNOW ALL MEN BY TIIESE PRESENTS: That the City of Paris, pursuant to a duly authorized resolution, being Resolution No. 94-_, acting by and through its duly authorized Mayor, George Fisher, and attested by the City Clerk, Mattie Cunningham, has and does hereby subordinate in favor of First National Bank of Paris, in consideration of its lending Red River Valley Fair Association, Inc., as much as but not more than NINETY -NINE THOUSAND AND NO/ 100 DOLLARS ($99,000.00), to refinance the balance of $19,000 owing on the 1989 note in the original amount of $60,000 and to finance the construction of a combination exhibit and office building to be constructed on the property described on Exhibit B attached hereto, the landlord's lien it has and will hold on the newly constructed combination exhibit and office building, and the existing exhibits buildings, by virtue of its lease agreement aforementioned, so that the security agreement and the financing statement in favor of First National Bank of Paris, will be a first and prior lien against said newly constructed combination exhibit and office building and the existing exhibits buildings described and located upon Exhibits B, c and D, respectively, not only to secure the original indebtedness, but also all renewals and extensions thereof, partial or otherwise; further agreeing that the existing exhibits building, all furniture, furnishings, fixtures and equipment at any time placed thereon or affixed thereto shall not be integrated into the real estate but will remain personal property so long as any portion of the loan for the construction of these improvements remain unpaid. Should Red River Valley Fair Association, Inc., default in payment of the indebtedness contemplated to be created by it in favor of the First National Bank of Paris, for the purpose aforementioned, and if this lender or any one of them should EXHIBIT z 064 institute foreclosure or repossession proceedings, the lenders may dismantle the existing improvements and the improvements contemplated by this loan and /or remove it and its contents from the above described tract of land without thereby incurring any kind of obligation to the City of Paris (unless it should, having received ten (10) days prior notice of the intended removal dismantling, elect to and within a reasonable time thereafter pay to the First National Bank of Paris, the full amount then owing to it by Red River Valley Fair Association, Inc., principal, interest, court costs, and attorneys fees, if any. Notice of acceptance hereof by the First National Bank of Paris is expressly waived. WITNESS the execution hereof in triplicate, this 11th day of April, 1994. ATTEST: Mattie Cunningham, City Clerk APPROVED AS ,TO FORM: T. K. I- Iaynes, City Attorney STATE ,OF TEXAS } COUNTY OF LAMAR } CITY OF PARIS, PARIS, TEXAS George fisher, Mayor BEFORE ME, the undersigned authority, on this day personally appeared George Fisher, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said City and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of April, 1994. Notary Public, State of Texas STATE.OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMA.R § LEASE AGREEMENT BETWEEN the CITY OF PARIS, a municipal corporation, herein called LESSOR, and RED RIVER VALLEY FAIR ASSOCIATION,j INC., a Texas Corporation, herein called LESSEE, executed in duplicate the ' d, day of January, 1987, w•itnesseth:.. The leased premises consist of the following described property of Lessor in Paris, Lamar County, Texas, namely: BEGINNING at the intersection of the N.B. line of Hickory Avenue with the W. B. Line of Fitzhugh Avenue, also designated as 9th St., N.E., the same being the S.E. corner of a 12 acre tract of-land sold to the Lamar County Fair Association by N. E. Clement Estate in 1936, described in deed recorded in Vol. 245, Page 575, Lamar County Deed Records: THENCE North 1501.5 feet to the N.E. corner of said 12 acre tract, same being the S. B. Line of Clement Road, said Clement Road being 60 feet in width;! THENCE West at 380 feet to the N.W. corner of said 12 acre tract, same being the N.E. corner of a tract,of land purchased by the Lamar County Fair Association in 1916, described in deed recorded in Vol. 160, Page 322, Lamar County Deed Records, continuing West in all 1710 feet to the N.W. Corner' of Block No. 31, Fairview Addition to the City of Paris, same being the E. B. line of 3rd St., N.E., same being the most Northerly N.W. corner of a tract of land purchased from H. E. Clement in 1921 out of the Fairview Addition and described in deed recorded in Vol. 199, Page 311, Lamar•County Deed Records; THENCE South 1356 feet to the E. B. Line of 3rd St.,, N.E., to the N.B. Line of Hickory Avenue; THENCE East with the N.B. line of Hickory Avenue approximately 804.0 feet to the S.W. Corner of.the,Emmett Reece Ball Field property; THENCE North 600 feet; THENCE East 600 feet; THENCE South 600 feet; THENCE East 300 feet to the place of begin- ning. SAVE AND EXCEPT the following described tract of land: Situated within the corporate limits of the City of Paris, Lamar County, Texas, and being a part of Block 256, as shown on the Tax Map of the City of Paris, and more fully described as follows: BEGINNING at a point in the center line of a drainage ditch, said ditch being located between Hickory Street and Clement Road, and the beginning point .,being West 260 feet from the Southwest Corner 'of the intersection of Fitzhugh Avenue and Clement Road (the Northeast Corner of Block 256) and also being S 2° 00 E along the centerline of a EXHIBIT 065 0.6 , drainage;-I. ditch, 460 feet to said point of begin- ning. :.THENCE North 88° 30' West 287 feet to a point; THENCE South 10 30' West 84 feet to a point; THENCE North 880 30' West 477 feet to a Point', same being in the East Margin of 6th Street, N.E.; THENCE in a Southerly direction with the East :Margin of 6th St., N.E., 16 feet to a point; THENCE South 88° 30' East 477 feet to a point; THENCE South 1° 30' East, 200 feet to a point; THENCE South 88° 30' East 297 feet to a point in the center line of a drainage ditch; THENCE North 2° 00' West with the center line of the drainage ditch 300 feet more or less to the place of beginning, containing 2.19 acres of land more or less. The term of this lease is ten (10) years, beginning on the 1st day of January, 1987, and ending the 31st day of December 1996. INr .CONS IDERATION; of the leasing and letting, of said premises and.the use,and occupancy thereof by Lessee, Lessee agreesfto effect and perform repairs to existing buildings, structures, and 'other improvements and to make additional improvements,k.oii the leased premises to the extent of ten per cent (10X) of its annual gross receipts, Lessee hereby agreeing to expend for such purposes the sum herein set out during each year of this agreement, the total amount to be expended by Lessee for such purposes during the term of this leave to :be not less than ten per cent (10X) of its total gross receipts for the ten year period covered by this agreement; provided however, that in the event Lessee expends in excess of ten per cent of its gross receipts during any one year hereof for such purposes, such excess may be credited on the total amount to be expended by Lessee hereunder.. .-The, term "gross receipts" shall,mean. the ;total receipts -of Lessee from all.sources by reason of the use of the rented premises. _. IN CONSIDERATION HEREOF, it is mutually agreed by and between L•essory.,and Lessee: ( I * C I (1). That Lessee will, at its sole. cost and expense, effect repairs to all existing buildings and'structures on the.leased.premises, as speedily as it can finance•same, so that ,same will be safe and suitable for the purposes for which,.they may be used by Lessee and will keep and maintain same in good., safe and sanitary condition. (2). .That no repairs,, improvements or changes in .location or otherwise, will be made to any buildings, ,structures or other things located thereon nor will any new structures - be placed on any part of the leased premises ,without,,. the, 1p,rior approval. of!-Lessor:.- That Lessee, for the benefit of Lessor, will keep all buildings�`and other insurable improvements on the leased premises i,insured against loss by fire, lightning and all risks included in. the term ".extended coverage" to the full .extent of,s;their insurable value, and shall pay all premiums ,due,; thereon when due. ,It is expressly provided tha.t such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, subject to approval by the City Attorney of the City of Paris, and Lessee or its insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City .of Paris, or furnish to said City Clerk a current letter or. certificate from such company or companies, evidencing the fact that such insurance is in full force and effect:1`at All times, during this lease and any, extension thereof. (4) That Lessee will pay for all lights, water, heat and /or other utilities used on the leased premises. 1(5) That all buildings, structures, additions, fixtures and • improvements made upon 'or added to the leased premises or any part thereof shall at once become the property' of Lessor, and be surrendered to Lessor at the termin'atio'n of this lease. (6) That Lessee will deliver to Lessor annually a verified copy of the audit of its books and' accounts not later, than thirty (30) days after December 1st of each year or part,of.a. year covered by this lease, (7) That Lessee will not sublet the rented premises or any part thereof without the consent in writing of Lessor first had and obtained, provided, however, that such consent may be given by the City Manager in the event such sub- letting shall not exceed one week. (8), Lessee agrees to indemnify, save, keep and hold harmless Lessor from and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and, character whatsoever for damage or injuries to persons and /or property occurring on the leased. premises result:in " , gfrom Lea,�ee , s use, Lessee s,; sub - lessee , or. any ;tenant.,of,.L'ssee, and Lessor shall not be liable to Lessee, its :*p,loyees, invitees, patrons, licensees or visitors due M. the ,, buildings or other structures thereon being ;improperly ;_constructed or being or becoming out of repair, Lessee;;hereby waiving any defects therein and agreeing to hold and.save Lessor harmless from all claims for any such damages or injuries, and Lessee shall and must at all times during the._ term of this agreement, and any extensions thereof,•ke'ep..and maintain in full force and effect a policy or policies of- insurance, providing at least $100,000.00 per person and $300,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property indemnifying all persons for .any. and all damages, personal injuries or property damages sustained in or upon the premises of said leased: proper'ty, or any part thereof, as the result of the negli 'gence 'of, Lessee, its agents, servants, employees or sub - lessees and its agent, servants or employees, and shall pay all :premiums due thereon when due. It is expressly pr'ovided,that' such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, subject to approval by the City-Attorney of the City of Paris, and Lessee or its insurance carfier or . l carriers shall deliver a copy of any such policies to the ,. .. . City Clerk..of the City of Paris, or furnish to said City Clerk a current, letter or certificate from such company or companies, evidencing the fact that such insurance is in full force:and effect at all times during this lease and any extension thereof. (9) That.Lessor..shall not; make or be liable for any repairs „or;, improvements, of- any kind on the leased :premises during. the .:term. of this lease. (10), That; Lessee take good care of the - rented premises and all buildings and structures thereon and be responsible to . L.essor' ,If6r,' .any ; damage or injuries thereto caused by Lessee . or -those under it.. (11)..That Lessee conform to and observe all sanitary rules, regulations and laws of the State of Texas and ordinances of the City of Paris applicable to the leased premises and not use or permit the same to be used for any unlawful or illegal purpose. (12) Should Lessee default in, or fail or refuse to keep any of the covenants, conditions, stipulations and /or provisions therein contained, notice thereof shall be given to Lessee by Lessor, and in the event such default, failure or,refusal has; not been corrected or performed within ninety (90) days from the date of such notice, then this lease contract may be terminated at Lessor's option, and it shall be lawful for Lessor to re -enter the leased premises and remove all�,pers6ns, property and effects therefrom, all and every cia`' 'for , damages for or by reason of said re -entry being expressly waived. (13) All water and sanitary sewer pipe in, on or under the leased premises belonging to Lessor may be kept there if or Until remoVed' by Lessor, 0"70 (14) In the event Lessee shall keep each and every agreement contained herein and do and perform all the obligations,required of it hereunder during,,the term of this lease,, an -.option is hereby given and granted to Lessee to renew and extend this lease for an additional period of ten (10) years from and after the expiration of this agreement, which option; may be exercised by Lessee giving notice in writing; of -its, intention to renew said lease ninety (90) days prior to the expiration of the primary term of the lease. (15) Lessor is given and granted the right to place streets or utilities or drainage appurtenances in, on or under any of. the property herein leased to the RED RIVER VALLEY FAIR ASSOCIATION, INC. (16) That Lessor shall have the right and privilege of using any portion of said property so leased for functions sponsored.by the City of Paris or any department thereof, which function has been approved by the City Council of the City.of Paris, all of which functions shall be conducted on a non - ,interfering basis with the annual Fair conducted by the Red River Valley Fair Association, Inc. ,(17).That. Lessor shall have the right and privilege at its option to terminate this lease as to any part of the realty not improved with buildings, including reasonable access to such buildings, for necessary municipal functions, such as enlarging the fire training area, erection of municipal facilities, construction of streets or for other municipal functions. In the event of any of the above contingencies, Lessor shall give Lessee ninety (90) days notice in writing of its intention to-�'so utilize any portion of the tract for the above: p'urposgs . !; IN WITNESS WHEREOF the undersigned have executed this lease agreement. '. CITY OF PARIS oe urnett, Mayor ATTEST att a Cunning am, ty erc APPROVED AS 0 FORMS . ay es, ty Attorney LESSOR RED RIVER VALLEY FAIR ASSOCIATION, INC. By : /! G2 �c.� .c. t io. ✓ to a ayneq res ent ATTEST: I SSk0_,, � J 1�a, — Steve over, ecret ry +. LESSEE 072 STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Billy Joe Burnett, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said City of Paris, a municipal corporation, and that he ereputed the same as the act of such' municipal corporation for the purposes and consid- eration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the f� day of January, 1987. ; j Notary utilic'r 5 to o Printed Name Commission Exp resv� STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Rita Jane Haynes, President of the Red River Valley Fair Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Red River Valley Fair Association, Inc., and that she executed the same as the act of such association for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Ila, day of January, 1987. Notary/Public, tate o xas Printed Name: 1114e r My Commission rtp res: 4 • -Pe. CEKrE�!' Sr. T �i o- i i SST • 4S •E G,vwsa f_r.+R�c!'' � ��.. _ � � _ 98 • t 2t4.4' s• •�, s ao 1" ( f ) = found (s) = set W v ?6.1► W 44* o y. S 3� FIELD NOTES Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of Texas, a part of the Reddin Russell Survey #786, and being a part of a tract of land owned by the City of Paris, and said tract being a part of block 17, Fairview Addition, and also a part of 5th N.E. (not open). Beginning at an iron pin Is) for corner in the South Boundary Line of Center St., .said point being North 87 Deg. 45 Min. West a distance of 219.4 ft. -. from the intersection of the South Boundary Line of Center St: and the West Boundary Line of 6th N.E. Thence South 6 Deg. 07 Min. East along the center of a power line a distance of 139.8 ft. to a power pole (f) for corner; Thence South 83 Deg. 53 Min. West a distance of 48.5 .ft, to an iron pin (s) for corner; Thence North 23 Deg. 35 Min. West along a chain link fence a distance 'of 161.5 ft. to an iron pin (s) for corner; Thence South 87 Deg. 45 Min. East along the South Boundary Line of said Center St. a distance of 98 ft. to the place of beginning and containing 10514.73 sq. ft. (0.24 acres) of land. I, J.M. Nelson, Registered Professional Land Surveyor of Texas, 04025, certify that the above depicted and described tract of land was taken from an actual survey made on the ground and completed by me on the 7th day of April, 1994. J.M. Nelson, R.P.L.S. of Texas, 04025 date EXN� B fT_ B L14 /bub -Ib41 r+•.�„ r Lynn Swanner, Inc. 074 ENGINEERING • SURVEYING 0.41 ACRE TRACT REDDING RUSSELL SURVEY A -786 CITY OF PARIS, TEXAS LAMAR COUNTY, TEXAS FIELD NOTES All that LEASEHOLD ESTATE in and to a certain lot, tract or parcel of land situated In the Redding Russell Survey A -786 located in the City of Paris, Lamar County, Texas being out of that certain 62.5 acre tract described in a deed to the City of Paris dated July 17, 1945 recorded in Vol. 274 page 432 of the Deed Records of Lamar County, Texas and being more particularly described as followsi BEGINNING at a 3/8" iron stake in the EBL of 6th Street N.E,, said point being N 00 30' W - 722.95' from the intersection of the EBL of 6th Street N.E. and the NBL of Hickory Ave.1 THENCE N 00 30' W along the EBL of 6th Street N.E. - 180' to a 3/8" iron stakel THENCE N 890 30' E - 100' to a 3/8" iron stake THENCE S 00 30' E -180' to a 3/8" iron stakel THENCE S 890 30' W - 100' to a 3/8" iron stake in the EBL of 6th Street N.E. being the POINT OF BEGINNING and containing 0.41 acre of land more or less. I, Lynn Scanner, Registered Public Surveyor in the State of Texas certify the above survey was performed on the ground and is true and correct to the best of my knowledge and that there are'no visible easements or encroachments other than those shown hereon. Elated this the 10th day of April, 1989 Signe4LS c anner, R.P.S. No. 3 8 o 6 PO /NT OF BEaINNING. N ±ICKORY .4V� 0.41 ACRE TRACT REDDING RUSSELL SURVEY A -786 CITY OF PARIS, TEXAS LAW COUNTY, TEXAS Dated this the 10th day of April, 1989 Signe _ L S7 anner, R,P.S,No 3806 r N md •._�L�';•'•Y -r� Lynn Swanner, Inc. 075 ENGINEERING • SURVEYING li do 0 rr� W ,W � U O . I S 8.9 ° 0' W 100' PO /NT OF BEaINNING. N ±ICKORY .4V� 0.41 ACRE TRACT REDDING RUSSELL SURVEY A -786 CITY OF PARIS, TEXAS LAW COUNTY, TEXAS Dated this the 10th day of April, 1989 Signe _ L S7 anner, R,P.S,No 3806 r N rj /N eEN 7'ER � � N NeQ 14.r • W AV E, I. 7-V • O',t7t�0.oz1z v,t'7.1 Ile— FIELD NOTFS s•P'� )TATE OF TEXAS¢ , :OUNTY OF LAMARI BEFORE ME, the undersigned authority, a Notary Public in and for said ;aunty and.State, on this day personally appeared J.M.-Nelson, known to me' :o be the person whose name is suscribed to the foregoing instrument, and cknowledged to me that he executed the same for the purpose and considera- ion therein expressed. GIVEN UNDER MY NAND AND SEAL OF OFFICE, /I this the 13th day.o6 Septembeh, 1982. W ff ti-,•� . Notary Public, Lamar County, Texas Resolution No. 94 -033, resolving by the City Council of the City of Paris to go on record as being opposed to the establishment of private club at 727 7th N. W. Street, and further resolving that Mattie Cunningham, City Clerk of the City of Paris be directed to transmit a copy of this resolution to the Texas Alcoholic Beverage Control Commission office at 2117 Loop, Paris, Texas and at 1600 West 38th Street, Austin, Texas, was presented. A motion was made by Councilman Don Shelton, seconded by Councilman Williams for approval of the resolution. The motion carried 7 ayes, 0 nays. Situated within the Conpohate Lur% 'o o- y•Q' o6 the City o6 Pa/tis, County o6 Lamah, and State o6 Texah, a pant o6 the Redo so. ' w Ru.asett SuAvey 1786, and being a pant •z ' .tots 2, 3 and 5, and a.tt o6 tot 4, btocl •18, 06 the- Favev.lew Addition, said Addi- tion being duty heeonded in the Ptat Re- Bonds o6 said County and State. ' Sca t e: 1 "x 3o• Beginning at an .ikon pin 6oh Cohn?J at the Nohtheas.t• eohnvL o6 said .Lot 4. Thence Nohth' 88 Deg. 45 lain. West along the South Boundany Line o 6 Centeh Ave. at 62 6t. passing the Northwest . eohneh o6 said tot.4 and the NoAtheaat • Cohn eA o6 said .tot 5 and con t iaiuing on a • tota.t distance o6 7S 6t. to an •chon pin • i�. r' �+ a ��, i' 601L cohneh; ' ,'•�( Thence South 0 Deg. 30 Ain. East at 145 6t. p"A ing • the North Boundah y Line ' o6 an Attey and at 157 6t. passing the South Boundahy Line o6 said ALtey and cone Aut ing on a tota.t distance o4 170 6•t 'to do dhon pin- 6o,% cohneh; ��•' Thence South- 98 Deg. 45 lain. Eae.t at 13 6t. passing the East Boundahy Lin- o6 said .Cot 2 and the West Boundahy Lin • o4 said .tot 3 and continuing on a totat distance o6 75 6t. to an•.vAon pin 6oh — WARM; T o R� z E y •o Thence Nohth 0 Deg. 30 Ain. East '� • So z �. • atong the West Soundahy Une o6 6th N.E. o , v at 13 6t. passing the Northeast eonneh `� S8 e q J' 6 7-r ' o6 said .tot 3 and at 25' 6t. passing the Southeast eo/tneh' o 6 said tot 4 and con- tinuing on a tota.t distance o6 170 6t. S.P. f•t' 293 dches o6 tand, which .inctudes 0.021 ached in said to the p.tace o6 beginning and containing Aftey. 1, J.M. Nelson, Registered Public Surveyor of Texas, No. 4025, certify that the above depicted and described tract of land was taken from an actual ;.urvey made by me on the ground on thq• 10.th. day o6 Septembeh, 1982, and hat. the cmp�tovementd shown theheon.ahe cohhect.. /v� J.M. Nelson, R.P.S. No. 402 )TATE OF TEXAS¢ , :OUNTY OF LAMARI BEFORE ME, the undersigned authority, a Notary Public in and for said ;aunty and.State, on this day personally appeared J.M.-Nelson, known to me' :o be the person whose name is suscribed to the foregoing instrument, and cknowledged to me that he executed the same for the purpose and considera- ion therein expressed. GIVEN UNDER MY NAND AND SEAL OF OFFICE, /I this the 13th day.o6 Septembeh, 1982. W ff ti-,•� . Notary Public, Lamar County, Texas Resolution No. 94 -033, resolving by the City Council of the City of Paris to go on record as being opposed to the establishment of private club at 727 7th N. W. Street, and further resolving that Mattie Cunningham, City Clerk of the City of Paris be directed to transmit a copy of this resolution to the Texas Alcoholic Beverage Control Commission office at 2117 Loop, Paris, Texas and at 1600 West 38th Street, Austin, Texas, was presented. A motion was made by Councilman Don Shelton, seconded by Councilman Williams for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -033 WHEREAS, the City Council of the City of Paris has been requested by citizens in the vicinity of 3320 Lamar Avenue, 725 7th Street N.W., and 1175 7th Street N.W. to oppose the establishment of private clubs thereon; and, WHEREAS, ecumenical activities are conducted in the vicinity of the several locations, although not within the 300 foot rule; and, WHEREAS, the repose of the several neighborhoods would be interfered with by private club activities and the attending traffic and noise related thereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, to go on record as being opposed to the establishment of a private club at 725 7th Street N.W.; and, BE IT FURTHER RESOLVED, that Mattie Cunningham, City Clerk of the City of Paris be directed to transmit a copy of this Resolution to the Texas Alcoholic Beverage Control Commission offices at 2117 Loop, Paris, Texas 75460, and at 1600 West 38th Street, Austin, Texas 78731 -6483. PASSED AND ADOPTED the I 1 th day of April, 1994. F1111 FAM, = • • APPROVE -'D AS TO FORM: Mattie Cunningham, City lerk APPROVED AS TO FORM: T. K. Haynes, City Attorney Resolution No. 94 -034, resolving that Soup Street Project should be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 1st S. E., Paris, Texas until 3:00 P. M., on Tuesday May 3, 1994, at which time said bids will be opened in the City Council Chamber, City Hall, and bids will be tabulated and presented to the City Council on the 10th day of May, 1994, for letting such bids, was presented. A motion was made by Councilman Jim Bell, seconded by Councilman John Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. 07S RESOLUTION NO. 94 -034 WHEREAS, the City Council of the City of Paris, did on November 15, 1993 in Resolution No. 93 -114, authorize the preparation of plans and specifications for a project of construction for a paved street from the west right -of -way line of 271 North, west and southwesterly approximately 600 feet to the Campbell Soup Company's east property line; and, WHEREAS, such plans and specifications have been prepared by Earl Smith, City Engineer, with the title being given thereto of SOUP STREET Project, which plans and specifications are recommended for approval by the City Engineer of the City of Paris; and, WHEREAS, such plans and specifications should be approved and such project should be authorized for advertisement for bids; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the plans and specifications for the SOUP STREET Project be, and the same are hereby approved; and, BE IT FURTHER RESOLVED, that such SOUP STREET Project should be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 1st Street S. E., Paris, Texas 75460, until 3:00 o'clock P.M., on Tuesday, May 3, 1994, at which time said bids will be opened in the City Council Chamber, City Hall, 135 1st Street S. E., Paris, Lamar County, Texas, and bids will be tabulated and presented to the City Council on the 10th day of May, 1994. for the purpose of letting such bid. PASSED AND ADOPTED this 11th day of April, 1994. 4 Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. Haynes, City Attorney A motion was made by Councilman Shelton, seconded by Councilman Jim Bell to allow the Economic Development Corporation to participate in the funding for contractual economic development services. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on authorizing the establishment of a fund for the improvement of drainage problems in localized areas in the amount of $100,000.00 to be funded by the Certificates of Obligation, Series 1993. City Manager Malone explained that there are a number of very small localized drainage problems that we have received that we have received complaints about, some goes back several years. City Manager Malone told the Council that staff had proposed a larger issuance of Certificates of Obligation, we did issue 5 million dollars in certificates. There are small projects that would effect a small number of people that we could do in house projects, most of them will be dirt work, concrete work, and this would be projects that would get water out of homes. After discussion, a motion was made by Councilman Shelton, seconded by Councilman Jim Bell directing City Staff to bring a list back to the Council for review where water has invaded people's living quarters, and let the Council set the priorities. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action requesting the Mayor to appoint a Charter Study Committee to determine if there are portions of the Charter needing revision. Mayor Fisher said that on the Charter revision, there has been questions as to whether or not the Charter needs to be updated, and there has been two Attorneys contacted to work on the Charter, they have agreed, and I would also appoint three members of the Council to work conjunction with the two Attorneys to try to get it in compliance. Those Attorneys are Hardy Moore and Don McLaughlin. Mayor Fisher appointed Councilwoman McDonald, Councilman John Bell, and Councilman Brown to the Committee. A motion was made by Councilman Jim Bell, seconded by Councilman Williams approving those appointments and the Committee be authorized to make recommendations to any part of the Charter that needs to be revised. The motion carried 7 ayes, 0 nays. Mayor Fisher called for consideration of and action on establishing a target date for the adoption of a redistricting plan for submittal to the U. S. Department of Justice. Mayor Fisher said that each Councilmember was asked to give two names of people from their district except District No. 1 and 2, and they were to appoint three. Mayor Fisher set a date that this Committee would start to work on this matter, and the starting date was established as Monday, April 25, 1994. After further discussion; a motion was made by Councilman Jim Bell, seconded by Councilman John Bell to receive the Committee's final product be delivered no later than October 3rd with the understanding that the Council would submit a plan no later than November 10, 1994 to the Justice Department. The motion carried 7 ayes, 0 nays. City Attorney Haynes presented the following petitions for rezoning: Ray Booker, Lots 9 and 11, Block Q, East Park Addition, from SF -3 District to MF -1 District; Alice Sterling, Lot 13, City Block 315, from Planned Development - Retail & Housing (PDa -b) District to General Retail and Specific Use Permit - Billboard Sign (52). Mayor Fisher referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting for May 2, 1994, and before the City Council on May 5, 1994. Under Citizens Comments, Ronnie Morton, speaking in behalf of Ms. Cleo Smith, 2485 Ridgeview, appeared before the Council telling them that they have had water in this house since 1985 off and on since that time. Mr. Morton said that the City Engineer estimated the cost for this drainage problem to be corrected would cost approximately $5,000.00 to $10,000.00, and when he went to the City Manager, he was A motion was made by Councilman Shelton to move to Agenda Item No. 19, Council Comments. The motion was seconded by Councilman John Bell, and carried 1 ayes, 0 nays. Councilman Jim Bell "said I would like to go back and read one point that was in the minutes for Councilman Brown who had a problem with the vote. "Councilman Shelton told the Council that he thought we had an agreement with Councilman Bell and would like to have a continuation until we have a ruling by the Attorney General, Councilman Shelton said the letter was prepared and it was a good one." It was the motion by me, and was the motion seconded by Councilman Shelton to have that continued and tabled until such time that we get that report back, but it seems somewhere, somehow, someone bent on going and doing things other ways regardless of what is right. It has been one of the problems that I have had all along. I have indicated that if that item is tabled, and that report is brought back, and the two items that were previously continued, or previously taken the two other action item taken tonight, and I am glad to see a smoking ordinance done, but I did indicate that I would with a Charter Review Committee, and with the redistricting time line, that I would resign. I am at a point that I have asked that 'this item be tabled because I want the report back whether I am on this Council or not. I have asked for that consideration, and I do not think I am asking for much. I want to see that report, and it is important for the citizens of Paris to see that report, and to see how we fit into it. Those remarks were not necessarily planned at this particular time. I am going to go on with what I did want to talk about. I have been on the Council for three years and I appreciate the opportunity to serve the people of District Seven. I have had disagreement with everyone that has been on the Council from time to time, but 1 tried to work with you for the betterment of Paris, and I have asked some tuff questions. I have been challenged by the Paris News that I am legally supported in their article, I am legally right; but possible ethically wrong, and today I answered those particular items because I find it hard to believe that we are being governed by laws that if you follow the law, you can be ethically wrong, but I am not going to say that it has been enjoyable, contrary, and for the public, the City Council is not paid, for Ms. Horne. I do not draw the pay check. I have good legal advise, and I stand firm in the position that I am legally right I am very confident of that, and I want that report back. Residency is not the real issue. The real issue, as stated in the paper this afternoon are budgets, real issue or some of the issues we had come before us tonight, real issues are redistricting, and the things that this Council is fixing to face. Major tax and water increases, and tuff questions and controversy have got to come out of those things, we need to debate them, we need to let the public know what that debate is. We need to know, let them know what the pros and cons are, and we need to return to a situation where we have people coming in here and filling the Council room like we have right now and participating in the government because I have seen so many meetings in which we did not 082 have a sole come up here, and I hope the people continue to come, but I also look at the other issue, my residency has become an issue, and it seems to be taking up a (excuse my language) but a hell of a lot of news print in the paper, and it doesn't seem to be one in which will die easy. To reiterate, I have no question that this Council has the right to remove me once that residency is established by the courts. I do contend that this Council does not have the authority to establish where I live, that is established by the courts. Once that is established, if it is in the wrong place, you have the right to remove me, but I don't want to see anymore wasted time. I don't want to see the City go through long litigation that has been threatened by the NAACP and the other, it is not important, it has already cost me a tremendous amount of time, and money, and I don't want to see it go on. It is a lot of wear and tear on my family, and at some point in time a man has got to determine that this is the best thing to do, and it does not mean that I am going to quit on the issues, and it does not mean that I wont be up here under public and citizens comments. I will tell you that I have watched other boards in action, other boards with in this City, and when it becomes a personal agenda, is more important than the issues and the discussion of items, and I have watched it specifically on the PISD School Board. On personalities are what becomes important and not the issues. We've taken the wrong steps, and I do not want the personalities here to be the important thing. I want it to be issues, and my residency quite frankly is not an important one. I was elected by the people, and I believe that if this Council would put the money in to a recall election, or another election, it will be proven that District 7 will stand firmly behind me. The issues are important, but personalities aren't, and I can continue to address those issues whether I set here, or I set out there, and I fully intend to do that, but tonight, with regret, I am submitting my resignation. I will step down tonight, and I do not intend to come back with this Council as a Councilperson, and I think it will be appropriate for the Mayor and this Council to move quickly to nominate and elect someone to replace me, because I contend, as I did when I first started the redistricting issue, I represent over 7,000 people, three and one -half times more than some of you represent. This City, and this City Government by taking on that tuff issue, is going to move forward, and the governments and the boards with in the County that do not take on that issue are going to spend a tremendous amount of effort and funds in court. We are not asking for anything other than the right to be protected, you take away one man's rights, whether he is white or black, it is only a matter of time before they get the next man rights whether he is white or black. One man, one vote is a constitutional right, and it is the very right that the Country was founded upon, and it is the one that I defended in Vietnam, and behind the Iron Curtain, and I will defend it here. If you take away that right, it is only a matter of time before we are back to slavery. One man, one vote is right. I did not ask, and never have asked that we ignore the 1968 voting right act to protect the rights of the minorities in the community, and just as Mr. McKinley Johnson was here tonight, I do not vote based on this issue. I have not been pressed by the Mayor's being races, and I have tried to be fair, and I represented District 7, white, black, poor, or rich, and I hope someday I can represent that district again." 083 Mayor Fisher said he would like to say that for the past three years, we have had differences, but somehow we managed to get through that, and I would like to say that I hope that none of the issues that we had problems with, and that Mr. Bell will not leave here tonight and say that they were racially motivated. Mayor Fisher said he had said over and over again that we can not deal in black and white issues. We have to deal with the issue in front of us. Mayor Fisher said he has tried to run the Council in accordance with the City Charter that we have been working under since 1948. Mayor Fisher announced that the Council would consider Agenda Item No. 14, consideration of and action on Councilman Jim Bell's continued service on the Paris City Council. Councilman Shelton made a motion to bring Agenda Item No. 14 from the table, and to table Item No. 14 until such time as we receive the Attorney General's opinion. The motion was seconded by Councilman John Bell, and carried 6 ayes, 0 nays. Mayor Fisher announced that there will be a special council meeting to replace Mr. Bell in District No. 7. We have been contacted by three individuals who would like to represent District No. 7. City Attorney Haynes reported to the Council regarding 250 S. Main, in the name of Senvesco, we project that it will probably take approximately 2 months to prefect service, and will join the other entities that have existing taxes. There is considerable taxes on the property, and we will have to write to the Secretary of State regarding the present Corporation, which expect to have been forfeited. City Attorney Haynes advised that it will take approximately six months to complete the process. There being no further business, the meeting adjourned at 9:15 P. M. GPRGE —FISHER, MAYOR ATTEST: MATTIE CUNNINGHAM-, C L R 08 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL April 18, 1994 The City Council of the City of Paris met in special session, Monday, April 18, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Fisher called the meeting to order with the following Councilmembers present: Don Shelton, Millie Ingram McDonald, Wayne Brown, and Rondie Williams. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Mayor Fisher announced that the special meeting was called for the purpose of acceptance of Jim Bell's resignation. City Manager Malone advised that action had been tabled on this matter, and a motion to bring this item from the table would be needed as Councilman Jim Bell offered his resignation under Council Comments, and it would be appropriate for a motion and a second to accept Councilman Bell's resignation. A motion was made by Councilman Williams, seconded by Councilman Brown to accept Councilman Jim Bell's resignation. The motion carried 5 ayes, 0 nays. Councilman John Bell entered the Council Chambers and assumed his seat at the council table. Mayor Fisher called for nominations for Councilperson for District No. 7, and Councilman Shelton nominated Eric S. Clifford. Councilman Williams seconded the nomination. Mayor Fisher closed the nominations, and asked if there were any questions on the nomination. The motion for Eric S. Clifford to fill the unexpired term of Jim Bell was 6 ayes, 0 nays. Resolution No. 94 -035, resolving that Eric S. Clifford be, and he is hereby appointed as Councilman for District 7 of the City of Paris to serve the unexpired term of Jim Bell, which term ends May 8, 1995, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman John Bell for approval of the resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 94- 035 WHEREAS, there exists a vacancy on the City Council of the City of Paris occasioned by the resignation of Jim Bell, and it is appropriate that his successor be timely appointed due to the urgency of City business requiring Council action; and, WHEREAS, the Mayor of the City of Paris, George Fisher, having submitted the name of Eric S. Clifford, a bona fide resident of District 7 of the City of Paris, a person who possesses all of the qualifications enumerated in Section 17 of the Charter of the City of Paris to serve the unexpired term of Jim Bell, which ends May 8, 1995; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Eric S. Clifford be, and he is hereby appointed as Councilman for District 7 of the City of Paris to serve the unexpired term of Jim Bell, which term ends May 8, 1995. PASSED AND ADOPTED the 18th day of April, 1994. orge ishe , Mayor ATTEST: Mattie Cunningham, City C rk APPROVED AS _TO FORM: T. K``Haynes,,eity Attorney 085 City Manager Malone called for reconsideration of correction to Council minutes for the meeting of April 7, 1994. City Manager Malone said if the Councilmembers would recall there was some discussion as to the accuracy of the minutes, and there was a tie vote and the motion to correct the minutes failed on a tie vote. We have since obtained a portion of a tape from Charlie Fox at K -BUS Radio Station. I asked the City Clerk to transcribe it which has been furnished to you, and it appears to correspond with the official minutes submitted by the City Clerk. We have the tape in the event that anyone wishes to hear it. Mayor Fisher said for the integrity of the chair, and because of the nature of the question that some people perceived that we did something dishonest, or that the tape was deliberately misplaced, that he would like for it to be known that if these minutes needs to been corrected, he would accept a motion, if not we will go to the next item on the agenda. 087 RESOLUTION NO. 94 -036 WHEREAS, the City Council of the City of Paris is and has been concerned with ensuring that the districts of the City of Paris are constitutionally constituted; and, WHEREAS, the City Council did heretofore authorize in Resolution No. 94- 015 the Attorney, Bob Bass to proceed with the Redistricting process; and, WHEREAS, preliminary maps have been furnished which would meet constitutional requirements and it is appropriate that a citizens committee be established to review and comment concerning the proposed redistricting map; and, WHEREAS, the Councilmen from the several districts have made recommendations to the Mayor in accordance with Resolution No. 94 -016 for appointments to such committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointment by the Mayor of the City of Paris of Leon Williams, Patsy Williams, Foster Stone, Clovis Graves, Dorothy Harrison, Walter Williams, Bernard W. Knight, Sr., Robert High, Nadine Ausbie, Billy Trenado, Paul Gene Roden, George Kimbrough, F. D. Mallory, III, and Mackey Charles to the Redistricting Study Committee, be and they are hereby confirmed. PASSED AND ADOPTED the 18th day of April, 1994. G rge Fisher, Mayor ATTEST: Mattie Cunningham, City C rk ATTEST: T. K. Haynes, 0try Attorney There being no further business, the meeting adjourned. GE GE FISHER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL April 25, 1994 The City Council of the City of Paris met in special session, Monday, April 25, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Fisher called the meeting to order with the following Councilmembers present: Don Shelton, Eric S. Clifford, Millie Ingram McDonald, Wayne Brown, and John Bell. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone called for consideration of and action on a bid received at a public opening for furnishing and delivery of one 1994 Type 1, Class I Ambulance for the E.M.S. Department. City Manager Malone advised that this item had been tabled at the April 11, 1994 meeting, and should the Council wish to consider this matter tonight, a motion to bring this item from the table would be required. A motion was made by Councilman Shelton, seconded by Councilwoman McDonald to bring the above item from the table. The motion carried 6 ayes, 0 nays. Steve Burgin, Fire Chief, came forward telling the Council that the item of concern is a counter top only, that the workbench on the right hand of the attendant's seat is a counter top that measures 12" to 18 ", it is simply a counter top like the one that your are resting your elbow on. Mr. Burgin said that in the specifications this item was listed as a molded surface instead of a Formica surface, and this particular company does not produce this. Mr. Burgin stated that this was a very minor item, and in the first section of the bid it allows the provisions without taking exceptions, and recommended awarding the bids to Taylor Made in the amount of $54,450.00. Mr. Burgin said the E.M.S. is in need of the ambulance because we have remount going out on bids real soon, and time wise, it is getting critical. A motion was made by Councilman awarding the bid to Taylor Made motion carried 6 ayes, 0 nays. Bell, seconded by Councilman Brown in the amount of $54,450.00. The 089 Resolution No. 94 -037, whereas, in accordance with Resolution No. 94 -016, two additional positions on said Redistricting Committee remain to be filled, and resolving that the appointments by the Mayor of the City of Paris, Paris, of Marshall Kent, Jr. to the Redistricting Study Committee, be, and it is hereby confirmed, was presented. City Manager Malone advised that this was to have been for two members being appointed, but we received word today that one for personal reason could not serve, so we just have one prepared tonight. Councilwoman McDonald will be coming back with another name at a later date. A motion was made by Councilman Clifford, seconded by Councilman Shelton for approval of the resolution. The motion carried 6 ayes, 0 nays. 090 RESOLUTION NO. 94 -0?11 WHEREAS, the City Council of the City of Paris is and has been concerned with ensuring that the districts of the City of Paris are constitutionally constituted; and, WHEREAS, the City Council did heretofore in Resolution No. 94 -036 approve the appointments of fourteen (14) citizens to serve on the Redistricting Committee; and, WHEREAS, in accordance with Resolution No. 94 -016, two additional positions on said Redistricting Committee remain to be filled; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointment by the Mayor of the City of Paris of Marshall Kent, Jr. to the Redistricting Study Committee, be, and it is hereby confirmed. PASSED AND ADOPTED the 25th day of April, 1994. eorge- Ifisher, Mayor ATTEST: Mattie Cunningham, City Cl rk ATTEST: T. K. Haynes, C' y Attorney Resolution No. 94 -038, resolving that the appointment of Mark Buster as a member of the Airport Advisory Board of the City of Paris, to serve the unexpired .term of Eric S. Clifford, which ends December 31, 1994, is by the City Council of the City of Paris, hereby approved and confirmed, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford for approval of the resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 94 -03 8 WHEREAS, there exists a vacancy on the membership of the Airport Advisory Board of the City of Paris due to the resignation of Eric S. Clifford, and it is necessary to appoint his successor, and the Mayor of the City of Paris, George Fisher, having appointed Mark Buster to serve the unexpired term of Eric S. Clifford, which ends December 31, 1994, and has submitted the name of such person to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointment of Mark Buster as a member of the Airport Advisory Board of the City of Paris, to serve the unexpired term of Eric S. Clifford, which Ends December 31, 1994, is, by the City Council of the City of Paris, hereby approved and confirmed. PASSED AND ADOPTED this 25th day of April, 1994 -7Z Aelfisher, Mayor ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. K. Haynes, ty Attorney Resolution No. 94 -039, appointing Richard M. Amis, as a member of the Paris Economic Development Commission to serve the unexpired term of Eric S. Clifford, which expires July 19, 1994, was presented. A motion was made by Councilman Clifford, seconded by Councilman Bell for approval of the resolution. The motion carried 6 ayes, 0 nays. 092 RESOLUTION NO. 94 -039 WHEREAS, there exists a vacancy on the membership of the Paris Economic Development Corporation Board due to the resignation of Eric S. Clifford, and it is necessary to appoint his successor; and, WHEREAS, the Mayor of the City of Paris, George Fisher, has submitted the name of Richard M. Amis to serve the unexpired term of Eric S. Clifford, which expires July 19, 1994, to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS; that the appointment of Richard M. Amis, as a member of the Paris Economic Development Corporation Board of Directors to serve the unexpired term of Eric S. Clifford, which expires July 19, 1994, is, by the City Council of the City of Paris, hereby appointed and confirmed. PASSED AND ADOPTED this 25th day of April, 1994. G rge Fisher, Mayor ATTEST Mattie Cunningham, City C'fcrk APPROVED AS TOO FORM: T. K.'Hafne>/City Attorney Resolution No. 94 -040, accepting a drainage and utility easement to serve the apartment complex under construction across Collegiate Drive from said Lot 17 -B, City Block 249 and the same should be accepted. A motion was made by Councilman Bell, seconded by Councilwoman McDonald for approval of the resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 94-04Q WHEREAS, the City Council of the City of Paris did in Resolution No. 94- 031 prematurely accepted a Utility and Drainage Easement in the form of Exhibit A attached hereto; and, WHEREAS, the City Council of the City of Paris is now in receipt of a drainage and utility easement from Lamar National Bank conveying a part of Lot 17- B, City Block 249, located south of the intersection of Lamar Avenue and Collegiate Drive on the west side of Collegiate Drive; and, WHEREAS, the City Council finds that the above described drainage and utility easement is necessary to serve the apartment complex under construction across Collegiate Drive from said Lot 17 -B, and the same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the drainage and utility easement, in the form attached hereto as Exhibit A, on Lot 17 -B, City Block 249, from Larnar National Bank be, and is hereby accepted. PASSED AND ADOPTED this 25th day of April, 1994. ATTEST: Matting Cunningham, City C rk APPROVED AS TO FORM: ,d T. K. flaynes, CAfy Attorney org ish r, Mayor U93 094 UTILITY AND DRAINAGE EASEMENT STATE OF TEXAS } COUNTY OF LAMAR } KNOW ALL MEN BY THESE PRESENTS: That the LAMAR NATIONAL BANK, by and through its President, J. B. Bankhead, duly authorized, of Lamar County, Texas, for and in consideration of the sum of ONE DOLLAR ($1.00) cash, and other good and valuable consideration, to it in hand paid by the CITY OF PARIS, Paris, Texas, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, give and grant unto the said CITY OF PARIS, a municipal corporation, of Lamar County, Texas, a utility and drainage easement described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the George W. Cox Survey #164, and being a part of a 3.028 acre tract of land described as Tract One in deed to Lamar National Bank, recorded in Volume 634, Page 630, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at an iron pin for corner at the most easterly Southeast corner of said Lamar National Bank tract of land, and said point being in the West Boundary Line of Collegiate Drive; THENCE North a distance of 10 feet along the west boundary line of Collegiate Drive to a point for corner; THENCE West a distance of 168.65 feet to a point for corner; THENCE South a distance of 10 feet to a point for corner; THENCE East passing the northeast corner of Lot 17 -A, City Block 249 at approximately 29.88 feet in all a distance of 168.65 feet to the place of beginning, containing 0.04 acres of land. TO HAVE AND TO HOLD the above property unto the CITY OF PARIS for the purposes aforesaid, with the right and privilege at any and all times to enter said premises, or any part thereof, and maintaining any and all utilities and drainage facilities placed therein; provided that Grantee will, after doing any work in connection with the construction, reconstruction, relocating or maintenance of said utilities and drainage facilities, restore the surface to the condition to which said surface was found when such work was undertaken insofar as permitted under the plans and specifications approved for projects to be located within the herein described easement, and that in the use of said rights and privileges herein granted, the CITY OF PAIRS will not create a nuisance or do any act that will be detrimental to said premises. Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, said premises unto the CITY OF PARIS against every person whomsoever lawfully claiming or to claim the same or any part thereof. RETURN TO: CITY ATTORNEY, CITY OF PARIS P. 0. Box 9037 Pari TX 75461 -9037 EXHIBIT WITNESS our hands this 31st day of March, 1994. LAMAR NATIONAL BANK by: J. B ANKHEAD, PRESIDENT ATTEST: Pamela Christian, Cashier STATE OF TEXAS COUNTY OF LAMAR 095 BEFORE ME, the undersigned authority, on this day personally appeared J. B. BANKHEAD, President, Lamar National Bank, known to 1ne to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same for the purposes and consideration therein expressed and in the capacity therein stated. /7, kl r. GIVEN UNDER MY HAND AND SEAL OF OFFICE this, day ot" arc ; 1994. Notary Public, State of Texasi) Printed name /.1 /ivh9- ,- /..` // poeo�eo�e Commission Expires: LINDA S. NEIL► NOTARY PUBLIC STATE OF TEXAS My Comm. Exp. 1 -11 -97 Resolution No. 94 -041, Resolving that the Release and Quitclaim giving a portion of the original utility easement located on Lot 4, as shown in the Replat of Lots 1, 2, & 4, Block "A ", Morningside North #1, to Bobby J. Floyd and wife, Jan Floyd, and authorizing the Mayor of the City of Paris, George Fisher, to execute on behalf of the City of Paris the Release and Quitclaim, seconded was bypresented. motion Cou ci lman hel Shelton was approval of Councilwoman McDonald, the resolution. The motion carried 6 ayes, 0 nays. 096 RESOLUTION NO. 94 -041 WHEREAS, on September 9, 1993, the City of Paris did approve the Replat of Lots 1, 2, & 4, Block "A ", Morningside North #1 which contained a 15 foot utility easement across Lot 4; and, WHEREAS, the City of Paris finds no need for a portion of said utility easement, said portion being 102.9 feet in length adjacent to the north boundary line of said Lot 4 as described in Exhibit A attached hereto, and the same should be abandoned; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Release and Quitclaim giving a portion of the original utility easement located on Lot 4 as shown in the Replat of Lots 1, 2, & 4, Block "A ", Morningside North #1, back to Bobby J. Floyd and wife, Jan Floyd, in the form attached hereto as Exhibit A, be, and is hereby approved. BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, George Fisher, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Release and Quitclaim in the form attached hereto as Exhibit A. PASSED AND ADOPTED the 25th of April, 1994. ATTEST: Ma.ttie Cunningham, City Cie APPROVED AS TO FORM: T. Haynes, Ci y Attorney eorge isher, Mayor 097 RELEASE AND QUITCLAIM STATE OF TEXAS } } COUNTY OF LAMAR} The City of Paris, a municipal corporation, by and through George Fisher, its Mayor, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, to us in hand, the receipt of which is hereby acknowledged by the City of Paris, does hereby abandon and quitclaim unto BOBBY J. FLOYD and wife, JAN FLOYD, of the county of Lamar, state of Texas, on April 25, 1994, and to their heirs, devisees, or assigns, all the right, title, interest, claim, demand or use the City may have acquired by a certain Easement shown in the Replat of Lots 1, 2, & 4, Block "A ", Morningside North #1, as recorded in Envelope 312 -D, Plat Records of Lamar County, Texas for utilities under the hereinafter described premises, more particularly described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Joseph Leach _ Survey #524, and being a part of a utility easement and a part of Lot 4, Block "A" Morningside North #1, as shown in the Replat of Lots 1, 2, & 4, Block "A ", Morningside North #l, as recorded in Env. 312 -D, Plat Records of said County and State. BEGINNING at point for corner in the NBL of Lot 4 and the SBL of Lot 3 at the NEC of said Utility Easement, said point being North 89 Deg. 32 Min. West, a distance of 87 feet from an iron pin (f) at the NEC of said Lot 4 and the SEC of Lot 3, said point also being in the NBL of a 0.724 acre tract of land surveyed out of said Lot 4 and Lot 5. THENCE North 89 Deg. 32 Min. West along the NBL of Lot 4 at 15 feet passing the SWC of Lot 3 and the SEC of Lot 2, and continuing with the SBL of said Lot 2 a total distance of 102.9 feet to a point for corner at an el corner of said Easement, said point being South 89 Deg. 32 Min. East a distance of 10 feet from an iron pin (s) in an iron pipe (f) at the NWC of said 0.724 acre tract; THENCE South 0 Deg. 26 Min. West a distance of 15 feet to a point for corner; THENCE South 89 Deg. 32 Min. East a distance of 102.9 feet to a point for corner; THENCE North 0 Deg. 26 Min. East a distance of 15 feet to the place of beginning, containing 1,543.5 square feet, more or less. WITNESS, its hand at Paris, Texas, this 25th day of April, 1994. G rge Fisher, Mayor EXH 1 U A . X98 ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared George Fisher, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of April, 1994. Notary Public, State of Texas 099 City Manager Malone called for consideration of and action on requesting the Mayor to appoint a member to the Charter Study Committee replacing Hardy Moore. City Attorney Haynes said that this is a motion item. The others were appointed by motion, and the person that has consented to serve is A. W. Clem IV, and Mr. Moore has been invited to participate if he has the time. A motion was made by Councilman Clifford, seconded by Councilman Shelton appointing A. W. Clem IV to replace Hardy Moore on the Charter Study Committee. The motion carried 6 ayes, 0 nays. City Manager Malone called for consideration of and action on authorizing the establishment of a fund for the improvement of drainage problems in localized areas in the amount of $100,000.00 to be funded by the Certificates of Obligation, Series 1993 Bonds. City Manager said the agenda shows this item to be table April 11, 1994, but the City Clerk informed me that that memorandum is not correct, that it was not table, that a motion was made directing the staff to come back with a list setting the priorities, so we will not need a motion to take the item from the table. City Manager Malone said the reason this on the agenda tonight is because Councilman John Bell who has a person in his area who is concerned about drainage coming in to his home which was one of the projects that we had talked about. Staff has not had time f The Booster Pump Station which is located on West Center Street is under way, they are presently laying the line to Campbell Soup, and f they have completed the line to Tensaska Plant. 1t will be sometime next summer before that Booster Pump Station will be operation. The Water Plant expansion there are final drawing that is being work on, and we have brought that process to a hold for the past few weeks due to the uncertainty about funding for our wastewater plant improvements. City Manager Malone explained that there are several _ alternatives that can be pursue and were presented by Council or members of Council in past meetings that there was some question as to whether we needed to continue with the project as it was contemplated, envisioned, engineered, and passed upon. As we discussed in our short staff meeting, we will be presented the bids on the computer control unit in our May meeting, so the staff will have a recommendation which will help the operators to operate the plant in a more precision manner than in the past. As we said there are three options, we do not endorse all of the options because what we presented to you is a report and a recommendation by Bucher, Willis, and Ratliff, Consultant Engineers. One option is to add to the Water Treatment Plant, on additional treatment units, spend a minimum amount of money retro- fitting the existing pumps that are there, maximize the existing possible capacity available that are there to satify the Surface Water Treatment Rule, and to follow the plan of action. The staff feel that this will result rationing water during the hotter part of the summer, and we would not have additional water for growth. We would have no additional substantial water available for industrial growth under that plan. The second option would be a partial expansion. The water plant could be expanded to the next logical modular of expansion which would include adding one additional sediment basin, add two chemical feeder, and doing pump modification. City Manager Malone said the other half of the 5 million dollars would be utilized in repairs to the collection system which we are under an administrative order, and told the Council that he has to send in quarterly progress reports on the construction repair of the system that we are to do, and today he had to send in the third quarterly report under this particular administrative order. We have been under administrative orders more or less full time since the 1970's. City Manager Malone said the Administrative Order that we are under now is Docket No. VI- 931232, received October 1993. City Manager Malone reported that he had sent them the third progress report. We have enough funds available presently to complete the Water Treatment Plant Project, and there are two additional things that is going to be required to be done that has not been contemplated or funded, that being the approximate $30,000.00 expense to rehabilitate the two existing two million gallon ground storage tanks over on Center Street and putting in some type system to handle the alum sludge that is created in the water treatment. City Manager Malone said he mentioned that because we have ceased work on the Collection System, in fact, we went beyond the amount of money that is available with the idea that the Economic Development Corporation is going to assist us with a line that is purely dedicated to industry that completely collapse and fell in, and we have not completed that line, although we have it in t d I t ti t' f th d t t d h 0 o a comp e e priori iza ion o e rairlage projec , o o t 1s might take a number of weeks in addition to this, but the list that has been provided to the Council is not a list that is inclusive of all projects that might fit the definition that we has recommended, which would be homes or businesses that were actually getting water in to them from drainage. City Manage,- Malone said these are miscellaneous projects that can be addressed fairly quickly with minimum engineering. The firiL )ne is 22nd N. W. and Shiloh, which is a small project that would provide immediately relief to residents in the area whom have experienced water in heir homes, estimated cost of the project is $25,000.00. The second item - Ridgeview at 25th N. E. If you will recall there was a person at our last meeting regarding this matter, his mother's house has been taking on water for several years. This project would enlarge an inlet curb opening and install a second 18 inch storm sewer to the drainage ditch, estimated cost is $10,000.00. The third project is 5th S. E. between Hearon and Washington, this would construct 700 linear feet of curb and gutter to inlets and approximately 300 linear feet of 15 inch storm sewer, estimated cost of $20,000.00. Fhe fourth item is the 400 block of S. Church Street, construct a larger curb inlet opening to accept gutter flow, estimated cost of $8,000.00. The fifth item is the 1500 block of 6th S. E., install a 6 x 3 foot box culverts, Wall Concrete Pipe Company has offered to the City without charge enough culvert to cross under 6th Street S. E., estimated cost to cover the installation of the culvert at an estimated cost of $8,000.00. City Manager Malone said these were all in house projects. Earl Smith, City Engineer, came forv!ard telling the Council that there are a lot of other projects, but tr top four is where people gets water i;i their homes. After discussion, a motion was m,,de 5y Councilman Shelton, seconded by Councilman Bell authorizing the establishment of a fund for the improvement listed above for the drainage problems in the amount of $100,000.00 to be funded by the Certificates of Obligation, Series 1993, and if these projects comes in lower that the $100,000.00, go ahead and use the balance for other projects, and requested that the Council be kept informed about those. The motion carried 6 ayes, 0 nays. City Manager Malone called for discussion of water and wastewater system improvements and Federal and State Mandates. City Manager said that he wanted to discuss the water and wastewater system improvements, and Federal and State Mandates that we are faced with in an informal way. First he started with a report on the water system improvements. The raw water line which is a 36 inch line from Lake Crook to Pat Mayse has recently been installed or near completion, and at this time they are adding blow -off and air valves to the line and doing the clean up along the right -of -way. We will be seeing use of the pipe line this summer. There are upgrade to the pumping at the Pat Mayse intake which will occur later in the fall or early winter. service, there are some other parts of the project to be completed and the clean up, so today was the last day that we could send in the report and be timely on it, and I reported accumulative 6,193 feet of line segment replacement that has been construction, but that is only 238 linear feet more than we had four months ago, so if anyone at the EPA Agency Region 6 examines that very closely, they will see that the _ work has almost come to a halt. City Manager Malone said that he also included the replacement line at B &W, that was not a part of the order, and not a part of the project that they have asked us to do, but we took credit for 1,890 linear feet. City Manager Malone said that we are under a number of state mandates, and felt that this would require some workshops sessions, we are way off track, and we are loosing our summer construction season. We may not be able to complete the improvements to the Wastewater Treatment System in time to avoid any fine and administrative penalties. Earl Smith, City Engineer, said that the present capacity is 18 MGD, and the second option was to go to 27 MGD, and the original capacity was 36 MGD. City Attorney Haynes said that one of the things requested to be included in this matter was a statement from the Campbell Soup's Consultant. City Attorney Haynes said he has received his verbal statement that he approved the methodology of the rate study, but he has not received a written statement. After further discussion, a motion was made by Councilman Shelton, seconded by Councilman Clifford to set a workshop session for discussion May 5, 1994. The motion carried 6 ayes, 0 nays. City Attorney Haynes reported on the tree replacement, there has been some inquiries made concerning clearing of the lot across from St. Joseph's Hospital. Also Councilman Brown questioned this matter, and City Attorney Haynes asked him if he would like to see the trees that were planted in lieu of those trees, and told the Council that he had a list of those if any of the Councilmembers would like to look at it. City Attorney Haynes said Councilman Brown did inspect the trees, and all of them were living but one. He advised that they were planted on school grounds, and parks areas. Mayor Fisher reported that on the request of former City Councilman, Jim Bell, that the Attorney General's opinion be given on his eligibility for serving on the Council, and advised that a letter was mailed today from all the attorneys that were involved with the City of Paris. Last week the City Manager and Mayor Fisher were in Austin, they did meet with the Attorney General, and he did tell us that we as a City could not ask for an opinion on the matter of former Councilman Bell's eligibility to serve on the Council and living outside the district. Mayor Fisher further stated that this would have to go through the County Attorney, or our State Representative could make an official request on our behalf if he was serving on a committee at the time about redistricting or his eligibility of living outside the _ district, and in all fairness to our City Attorney, he has told us over and over that the Attorney General will not give the City an opinion. There being no further business, the meeting adjourned. FISHER, MAYOR ATTEST: TTIE CUNNINGHAM, CITY CL MINUTES OF THE PLANNING AND ZONING COMMISSION May 3, 1994 The Planning and Zoning Commission of the City of Paris, Texas met in regular session Tuesday, May 3, 1994 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Reeves Hayter, Chairman 5. Aaron Jenkins 2. Nadine Ausbie 6. Marshall Rent, Jr. 3. Curtis Fendley 7. Louis Yates, Jr. 4. Barbara Gann Also present was were Earl Smith, City Engineer and Joe McCollum, Director of Community Development. Chairman Hayter called the meeting to order and the minutes of the April_4, 1994 meeting were approved as presented. Chairman Hayter declared the public hearing open on the petition of Norman Montgomery for a change in zoning from an Agricultural District (A) to a Commercial District (C) and Specific Use Permit - Auto Fuel Sales ( 49 ) on Lots 1 and 1 -A, City Block 340 located on the southwest corner of Church Street and Loop 286 S.W. Mr. Montgomery was present and told the Commission he planned to develop the property for a convenience store with gasoline sales either late 1994 or early 1995. No one else spoke for or against the proposed zoning change on the public hearing was closed. It was noted that similar zoning was in place on the opposite corner to the east and Mr. Yates made a motion to recommend approval. Ms. Ausbie seconded the motion which carried 7 ayes, 0 nays. Chairman Hayter next opened the public hearing on the petition of Chris Morphew for a change in zoning from a Two Family Dwelling District (2F) to a One Family Dwelling District No. 3 (SF -3) and Specific Use Permit - Mobile Home (39) on the North 25 feet of Lot 4 and all of Lots 5, Block 5, Gibbons Braden Addition located at 1244 S.E. 14th. Mr. Morphew was present and told the Commission that he lived in the house at 1244 S.E. 14th which was the eye sore of the neighborhood. He said he leased the property from his Mother and father -in -law and wanted to remove the house and replace it with a Mobile home rather than spend money repairing it. He said there was one other Mobile home on the east side of 14th S.E. 103 2 No one else was present to speak on the matter and the public hearing was closed. Mr. Fendley stated he had reservations about recommending approval of the petition without Mr. Morphew having ownership of the property and he made a motion to recommend denial of the change. Ms. Ausbie seconded the motion which failed 2 ayes, 5 nays. After further discussion, a motion was made by Mr. Rent, seconded by Mr. Jenkins to recommend approval of the change subject to the furnishing of a lease agreement from the property owner to Mr. Morphew. The motion carried 5 ayes, 2 nays with Ms. Ausbie and Mr. Fendley voting nay. Chairman Hay-ter declared the public hearing open on the petition of Alice Sterling for a change in zoning from a Planned Development Retail and Housing District (Pd a -b) to a General Retail District (GR) and Specific Use Permit- Billboard Sign (52) on Lot 13, City Block 315 located at 4225 Lamar Avenue. Carles Sterling spoke for the petition saying he had a lease on the property and proposed to construct a 10' X 30' all metal billboard, standard height on the southeast corner of the property approximately 30 feet from the front property line. No one else was present to speak on the matter. Mr. McCollum introduced a letter from Wayne Chambless, of Woodland Hills, California, property owner to the east, objecting to the placement of a billboard on the property and stating his reasons for objecting. After the reading of the letter and the additional statement by Mr. Sterling that there is an existing billboard across the street from the proposed location, the public hearing was closed. A motion was made by Mr. Fendley, seconded by Mr. Kent to recommend approval of the change in zoning. The motion carried 7 ayes, 0 nays. Mr. Yates requested to be excused from the meeting for the next item due to a conflict. A motion was made by Mr. Fendley, seconded by Mr. Kent to excuse Ms. Yates. Motion carried 6 ayes, 0 nays. Chairman Hayter declared the public hearing open on the petition of Ray Booker for a change in zoning from a One Family Dwelling District No. 3 (SF -3) to a Multi - Family Dwelling District No. 1 (MF -1) on Lots 9 and 11, Block Q, East Park Addition located on the East Side of Fitzhugh Avenue 200 feet south of Hickory Street. 11-04 3 Mrs. Vanoy Booker spoke for the petition saying she and her husband planned to construct 4 to 6 apartment units on property subject to proper zoning. Mrs. Booker said the property was in their name now. No one else was present to speak on the matter and the public hearing was closed. Noting that the lots were adjacent to existing MF -1 zoning on the south and west, Mr. Fendley made a motion to recommend approval. Mr. Rent seconded the motion which carried 6 ayes, 0 nays. Mr. Yates was brought back to the meeting on a motion by Ms. Ausbie, seconded by Mr. Kent. Motion carried 6 ayes, 0 nays. The Replat of part of Lot 1 -A, City Block 312 was recommended for approval on a motion by Mr. Fendley, seconded by Ms. Ausbie subject to the requirements in City Engineer's Memorandum dated May 2, 1994, Marked Exhibit A and attached hereto. The motion carried 7 ayes, 0 nays. The Final Plat of Lots 13 and 13 -A, City Block 115 was recommended for approval on a motion by Ms. Ausbie, seconded by mr. Kent, subject to the requirements in City Engineer's Memorandum dated May 2, 1994, Marked Exhibit B and attached hereto and with the additional requirement that the front building line be changed from 20 feet to 25 feet. The motion carried 7 ayes, 0 nays. The Final Plat of Netemeyer Addition was recommended for approval on a motion by Ms. Ausbie, seconded by Mr. Kent subject to the requirement in City Engineer's Memorandum dated May 2, 1994, Marked Exhibit C and attached hereto. The motion carried 7 ayes, 0 nays. There being no further business to consider, the meeting was adjourned. r - Q e N. McCollum Secretary, ex- officio Z 105 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL May 5, 1994 The City Council of the City of Paris met in regular session, Thursday, May 5, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Fisher called the meeting to order with the following Councilmembers present: Don Shelton, Eric S. Clifford, Millie Ingram McDonald, Wayne Brown, and Rondie Williams. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Joe McCollum Director of Community Development, presented the minutes of the Planning and Zoning Commission's meeting held May 3, 1994, and attached hereto as a part of these minutes as Exhibit A. Mayor Fisher declared the Public hearing open to consider the petition of Norman Montgomery for a change in zoning from an Agricultural District (A) to a Commercial District (C) and Specific Use Permit - Auto Fuel Sales (49) on Lots 1 and 1 -A, City Block 340 located on the southwest corner of Church Street and Loop 286 S. W. Mayor Fisher called for proponents to appear, and Norman Montgomery, 1570 34th N. E., appeared in behalf of his petition stating that he planned to develop the property for a convenience store with gasoline sales, and requested that the Council approved his request. Mayor Fisher called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Brown, seconded by Councilman Clifford for preparation of an ordinance changing the zoning of Lots 1 and 1 -A, City Block 340 to a Commercial District and Specific Use Permit - Auto Fuel Sales (49), to be presented at the next City Council meeting. The motion carried 6 ayes, 0 nays. Mayor Fisher declared the public hearing open to consider the petition of Chris Morphew for a change in zoning from a Two Family Dwelling District (2F) to a One Family Dwelling District No. 3 (SF -3) and Specific Use Permit - Mobile Home (39) on the North 25 feet of Lot 4, and all of Lot 5, Block 5, Gibbons Braden Addition located at 1244 S. E. 14th. Mayor Fisher called for proponents to appear, and Chris Morphew, 1244 S, E, 14th, appeared telling the Council that he lives in the house at this location, which was an eye sore of the neighborhood, that he leases the property from his mother and father -in -law, and wants to remove the house and replace it with a mobile home. Mr. Morphew said that he did not have a written agreement with his mother that all he has is a verbal agreement, and his mother has spoken with Mr. McCollum regarding the lease. Mayor Fisher called for opponents to appear, none appeared, and the public hearing was declared closed. After discussion, a motion was made by Councilman Bell, seconded Councilman Shelton authorizing preparation of an ordinance changing the zoning on the North 25 feet of Lot 4 and all of Lot 5, Block 5, Gibbons Braden Addition to a SF -3 District- Specific Use Permit - Mobile Home with a restriction that it is for the use of Mr. Morphew, and if he moves it expires. The motion carried 5 ayes, 1 nay, Councilman Brown voting no. Mayor Fisher declared the public hearing open on the petition of Alice Sterling for a change in zoning from a Planned Development Retail and Housing District (PD a -b) to a General Retail District (GR) and Specific Use Permit - Billboard Sign (52) on Lot 13, City Block 315 located at 4225 Lamar Avenue. Mayor Fisher called for proponents to appear, and Carles Sterling, 1725 Bella Vista Drive, came forward telling the Council that his plans is to construct a 10 x 30 all metal billboard standard height on the southeast corner of the property approximately 40 feet tall. Mayor Fisher called for opponents to appear, and none appeared. Joe McCollum, Director of Community Development, presented a letter from Wayne Chambless, Woodland Hills, California, property owner to the east of this property, objecting to the placement of a billboard on the property. No one else appeared, and the public hearing was declared closed. A motion was made by Councilman Clifford, seconded by Councilman Bell authorizing preparation of an ordinance changing the zoning on Lot 13, City Block 315 to a General Retail District and Specific Use Permit - Billboard Sign (52) District, to be presented at the next Council meeting. The motion carried 6 ayes, 0 nays. Mayor Fisher declared the public hearing open on the petition of Ray Booker for a change in zoning from a One Family Dwellin District No. 3 (SF -3) to a Multi- Family Dwelling District No. 1 (MI on Lots 9 and 11, Block Q, East Park Addition located on the East side of Fitzhugh Avenue 200 feet south of Hickory Street. Mayor Fisher called for proponents to appear, and Vonoy Booker, 2107 Kings Drive, appeared in behalf of the petition advising the Council that she and her husband planned to construct 4 to 6 apartment units on this property. Mayor Fisher called for opponents to appear, none appeared, and the public hearing was closed. 107 City Manager Malone called for consideration of and action on approval of the Replat of Part of Lot 1 -A, City Block 312. City Attorney Haynes asked Mr. McCollum if Lot 1 -A, City Block 312 the name of the lot being.replated as a whole. Mr. McCollum said it was not, just part if it, and advised that it was plated like lA before, and they are trying to cut three lots off of the front of it which is part of lot 1 -A, and advised that we can renumber the lots as 1 -A -1, 1 -A -2, 1 -A -3 and 1 -A -4. A motion was made by Councilman Clifford, seconded by Councilman Bell for approval of the Replat of Part of Lot 1 -A, City Block 312,subject to the requirement of the City Engineer recommendations and the proper numbering of the lots to Mr. Haynes's satisfaction. The motion carried 6 ayes, 0 nays. City Manager Malone called consideration of and action on approval of the Final Plat of Lots 13 and 13 -A, City Block 115. A motion was made by Councilman Shelton for approval of the Final Plat subject to the requirements of the City Engineer, and the additional requirement that the front building line be changed from 20 feet to 25 feet, and the recommendation of the City Attorney to change the lots to 13A and 13B. The motion carried 6 ayes, 0 nays. Councilman Brown requested to be excused due to conflict of interest regarding the next item on the agenda. A motion was made by Councilman Shelton, seconded by Councilman Clifford excusing Councilman Brown. The motion carried 5 ayes, 0 nays, and Councilman Brown departed the Council Chambers. Mayor Fisher called for consideration of and action on approval of the Final Plat of Netemeyer Addition. A motion was made by Councilman Bell, seconded by Councilman Clifford for approval of the Final Plat subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. A motion was made by Councilman Shelton, seconded by Councilman Clifford to allow Councilman Brown to return to the meeting. The motion carried 5 ayes, 0 nays, and Councilman Brown entered the Council Chambers and assumed his seat at the Council table. City Attorney Haynes presented the following petitions for rezoning: Don Howell, Lot 4 -A, City Block 354 from Neighborhood Service District to Commercial District; William J. Lisle, Lot 28, Block 4, Gibbons Park Addition, from SF -3 and Specific Use Permit - Mobile Home (39) Limited to use of Marty Watson to SF -3 and Specific Use Permit Mobile . 0 RESOLUTION NO. 94 -042 WHEREAS, the Office of the Governor of the State of Texas, through its Criminal Justice Division, is offering grant assistance in the amount of $26,547 for the purpose of funding a full time police officer as a coordinator for the Police Athletic League; and, WHEREAS, the Police Athletic League is a juvenile crime prevention program aimed at reducing juvenile crime, illegal drug use and criminal gang activity; and, WHEREAS, the City Council of the City of Paris deems it to be in the best interest of the citizens of Paris to seek such assistance for said project; and, WHEREAS the City Council of the City of Paris is desirous of processing a grant application for the Police Athletic League in the amount of $26,547, at a total cost of $35,399, with $26,547.00 to be provided by grant and $8,852.00 to be provided by the City of Paris in the form of local matching funds and in kind services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIE CITY OF PARIS: 1. That an application be made to the Office of the Governor of the State of Texas, Criminal Justice Division for a grant to provide funding of a full time police officer as coordinator for the Police Athletic League in the amount of $26,547.00 with the City of Paris providing $8,852.00 in kind services and funds. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby appointed as the Authorized Official of said project and the execution of the application for said grant in the form attached hereto as Exhibit A on the 14th day of March, 1994, is hereby ratified. 3. That Karl Louis, be, and he is hereby appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of funding a full time police officer as a coordinator for the Police Athletic League. PASSED AND ADOPTED this 5th day of May, 1994. ATTEST: Mattie Cunningham, City Cler APPROVED ACS TO FORM: T. K. Haynds, City Attorney e�'Irc G orge Fisher, Mayor S. AmkAnt lntoma!:" a. Legal None: APPLICIT10N FOR OTATE OR FEDERAL ASSISTANCE 0MCE OF THE GOVERNOR, CRII.INAL .Jugnr-E Dtv,sioo 3. a. Dane Svbm1nrd March 14 1994 •. a. Date Ro*b"d by Staid _Oa C- ofmntzadianaf Und b. A4detu (phe sire: o' P. O. SDI. :.-. cv ry sisre, and. accCa) P. 0. Box 9037 d. Paris, TX 75461 -9037 9 -sraie Payee Nur.. -%br !. iMe of Applima : J Now YJ :.cn:nva:Un J no,iuon r. Revision, check a Inasa" Aware J Other (c,Pecily) U N-croase Awa:d U lnaaase I.>JIa!On U Dolmasa 0.r.16:- 10. CaWn of Ftoe- ✓or..6S:ic Amis!anca Nv, -tbor Chock One (le-.4:aj `.;nai s: -; aes Only): ,7 1E.31:'�jVrar ! ✓.s .ce a1vaii; ri 1 j p cvcn:i: i A. J 16.575- Vidima c! Crime A,;. U 16.59 -Tesu Na:=im Corur -a rra2r�n 0 1b.SeLt -Niel h:- -r yv^ Tr:. ;vim- c :o-ratst 12. Tile of Proje =: Police Athletic League 13. Propotad Projte: Start Dal a: inp Da e 11 -1 -94 = E 10 n-31 -95 15. RegJasteE Fvn:,n ?: b, %�cliulnl ldent,h.r b. Stara Appllcal,on I Iris raris Police Department Name end lelephono rwmbor of rho p4,r=pt1 tc be contacted on matt z InvoMng this a� ?licrs ion (FI.a eraa), Karl Louis, Chief of.Police (903) 784 -6688 T1?e of A,-'{a'i: ant Tors ::>t A, Suit ti 9. C%in1y a InJPtendP. -. :S ipp Di/ :'�:: StatoConLal :cctrnnutonc :4r M1 C. J. -'-Iva it Univvrl!.v t. h,anafa t•, -IN,d,,al F. t^.1i•^Lnq.a1 4. Cis Sr- 6-AJD:au"I N. Non;)rotrnO'pan:.aa�n C1er (a,pncRy) :... . 9. NJJ'10 Of Qranl or Ape nt ?•; OtSa of the Governor. CvnirulJunti---F DWwon P. O. Box 12428 Auxin, Taxis 767.1 1 t. A.!oas of Prolfc Aahtiss (Gres, Counlieu, Saves, at--.) City of Paris Lamar County Paris, Texas 75460 14`frapra.•a R*o- (421 tends only) _ t Chock one priocry only: b. Ch _ t>ck One: U CJ.Planninp U Law Eri-- m&mTrakln iX Vrolenl Cris ,e !J )5 Jvvgn.a iV Drvps X) Qan;;s U V,ctina U Non•)vventlo e. Federet Chard j s Fta,� (CJD) 26,54 b. Stafe Oran! S Funds (CJD) t C. Gash Match i s 8,852 Is "lcadion s>.,bjee. to review by rate axscviNa or6o: 12372 Prods!? o. ii1 Submit to Ark -Ttix .0 .00 Q In•ICind —•_. -- (YOCA onb) i s 35,399 .oa e. TOTAL . �......:.� .:..._.._........._... __...- _.__-- --•• ---_:, AO 0 YES, lhb apPl'ta n wss made avaPable to the Taus A -vvfew and Comrwrt System (TRACS) for revle•w on (:iate) 0 No. 0 Program b nd, cove rsd by E. O. 12Si2 :1 Program has no, bean x*4v._ied by xate for review 17. L The appbanl oolingvernl on any 1e6oKaj dobt) 0 YES if 'Yes* aum an axpj%,Q n O NO To the best of my V -011"s and haUef, all CUU in this a body of the appl Mf I: ►•,d 1M ! he xt&cn Y true and correct. The document has been duty akr honed by Tne povarninp e- Df,4n W. oornply wuh 1M uttarJ,.d eosur: nose r � ,,yaktu,a M aweroed. t Typed None of Auiho�lxed OKieW b. Th1e Michael E. (t To>tgnona Number )Malone City Manager f - ---- 1 (903) 785 -7511 d. 9fpnetvn of ArT.hon; oC Ottict.i ._`.._�.__..`_._.__._ �_._._.-- ._- .. -•- -- a. Dart Signed 3 -14 -94 Q PROJECT APPROVAL INFORMATION UJU -3 Does this assistance request require state, local. Name of Governing Body regional, or other priority rating? Priority Rating U Yes Q No item?. ' Does this assistance request require stale, or local Name of Agency or Board _ advisory, educational, or health clearance? (Attach Documentation) a Yes 0 No Item I Does this assistance request require TRACS review? (Attach Comments) Yes O No Item Does this assistance request require state, local, Name of Approving Agency regional, or other planning approval? Date Yes J - No 1� Is the proposed project covered by an approved Check One: U State comprehensive plan? O Local a Yes 0 No 0 Regional Location of Plan i4 Will the assistance requested serve a federal Name of Federal Installation ___ _••M installation? Federal Population Benefting from Project 0 Yes 0 No I!sm 7. Will the assistance required be on federal land or Name of Federal Installation installation? Location of Federal Land Cl Yes ll No Percent of Project Item 8. Will the assistance requested have an impact or See instructions for additional information to be effect on the environment? provided. 0 Yes tx No Item 9. Will the assistance requested cause the displace- ment of individuals, families, businesses or farms? Number of: Individuals U Yes No Families Businesses Item t o. Farms.. -- - -- • -- Is there other related assistance on this project _ See instructions for additional information to be previous, pending, or anticipated? provided. 13 Yes 0 No See instructions for additional information to be provided. III • l•.' U -4 BUDGET INFORMATION Section B --Cash Match Erder "parataly "oh source of m*tching funds and the amou ^;s. Total muss a ree wtih Une 10, Column 2 above and llne 15 c. on Dace C_'�• , Source Amount �I Source ,.rnount Program Income 1.nvy mvei w vo"V#+ed, City of Paris $8,852.00 112 Office of the Governor Criminal Justice Division SCHEDULE ' P R ILa L; -,U•5 1 . Uir9(.1 Jaia, V.1.1 (1) (2) - -- (3) Title or Position' % of Tlme� CJD;Federaf Funds Cash Match TOTAL' (A) P.A.L. Coordinator 1 100 S20,016.00 1S 64.673.00 S 26,689.00 2.202.00 Insurance @n1pr M, 2.25Q.00 790-00 I (C) Other (Explain) Workers Comp. Aei7ffi) 1.082-00 161.00 (D) i (E) (F) TOTAL Fringe Benefits $ 6,531.00 S 21179.00 (G) I (H i $ 26,547.00 $ 8,852.00 $ 35,399.00 (J) (K) , {L) Overtime i TOTAL Direct Salarles $20,016.00 $ 6 673.00 $ 26 689.00 2. Fringe Benefits ' Include only one posaion par line. Attach a "scriptlon of the duties or responsibllitles of each poshlon. s Express is a percent of iotal time. (40 hours per week) Should retleci employee's gross salary anributable to 1he pro)ect. % or $ Rate FICA 7.65% $ 1,548.00 $ 517.00 $ 2 065.00 Retirement 9.8,16% 1,65-1.00 551.00 2.202.00 Insurance @n1pr M, 2.25Q.00 790-00 3 000-00 Other (Explain) Workers Comp. Aei7ffi) 1.082-00 161.00 1, 443 no TOTAL Fringe Benefits $ 6,531.00 S 21179.00 $ 8,710.00 TOTAL PERSONNEL BUDGET $ 26,547.00 $ 8,852.00 $ 35,399.00 ' Include only one posaion par line. Attach a "scriptlon of the duties or responsibllitles of each poshlon. s Express is a percent of iotal time. (40 hours per week) Should retleci employee's gross salary anributable to 1he pro)ect. UJU-b Office of the Governor Criminal Justice Dlvislon SCHEDULE B REQUIRED NARRATIVE: Briefly describs any anticipated contractual arrangement and work products expected. Descnbs basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, evaluators, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. (�) (2) (3) Description of Service CJD /Federal Funds Cash Match TOTAL (A) N/A S S $ (S) I (C) (D) I (E) I (F) (G) TOTAL PROFESSIONAL AND CONTRACTUAL SERVICES $ O $ O $ O REQUIRED NARRATIVE: Briefly describs any anticipated contractual arrangement and work products expected. Descnbs basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, evaluators, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. Or11Ce of the Govefnor Criminal Justice Division SCHEDULE C TRAVEL I- Local Travel VJu- t 2. In -State Travel (Specify clearly and use continuation pages if necessary) Purpose (1) (2) (3). Title or Position Mlles Traveled Annually/ $Rate WD /Federal Funds Cash Match TOTAL (A) NSA $ $ S (B) I (C) OUT -017-STATE TOTAL S S S (D) IIN-STATE TRAVEL TOTAL $ $ S P (F) (G) (H) LOCAL TRAVEL TOTAL is 0 $ 0 $ 0 2. In -State Travel (Specify clearly and use continuation pages if necessary) Purpose Destination WD /Federal Funds Cash Match TOTAL S I $ (S OUT -017-STATE TOTAL S S S IIN-STATE TRAVEL TOTAL $ $ S 3. Out -of -State Travel (Specify clearly and use continuation pages if necessary) Purpose Destination WDIFederal S S S OUT -017-STATE TOTAL S S S TOTAL TRAVEL BUDGET $ $ $ Office of the Governor Criminal Justice Division SCHEDULE C (Continued) 115 U. "J-6 REQUIRED NARRATIVE: Briefly describe the applicant's travel policy (i.e. mileage rates and per diem rates). Specify purposes for each item of travel. Break out costs of each in -state and each out -of -state trip to separately show the specific costs of transportation and of per diem. There will be no - travel expense by the P.A.L. Coordinator. NOTE: If personally owned vehicles are to be used, transportation costs should be shown on Schedule C; ii agency or loased vehicles are to be used, the vehicle operation/maimenance costs should be shown on Schedule F, 'Supplies and Direct Operating Expenses.` Tuition for training oourses should be listed a3 supplies in Schedule F. Office of the Governor Criminal Justice Division SCHEDULE D 28 ► i t i Equipment Name or Description and Quantity Do Not List Brand Names (A) (6) (C) ((D) (E) �(G) (K) (L) (N) (0) (t') (Q) TOTAL EQUIPMENT PURCHASES uju-d (1) CJ D' /Federal Funds (2 ) Cash Match (3 TOTAL S. S ($. I f ( I I l+ . 1 S 0 S 0 S 0 1EQUIRED NARRATIVE: Describe the basis for arriving at the cost of each line item. SCHEDULE E Schedule E Is currently applicable to regional juvenile detention facilities only. Contact CJD for details regarding those construction projects. UJV• IV Office of the Governor Criminal Justice Division SCHEDULEF REQUIRED NARRATIVE: Dsscribs the basis for arriving at the cost of each line item. (t) 1 (2) (3) Directly Charged Supplies and Other Operating Expenses CJD /Federal Funds Cash Match TOTAL (A) N/A S S t I S (B) I �C) i (D) i(E) (G) (H) TOTAL SUPPLIES AND DIRECT OPERAnNG EXPENSES $ 0 S 0 $ 0 REQUIRED NARRATIVE: Dsscribs the basis for arriving at the cost of each line item. Uju -11 Office of the Governor Criminal Justice Division t SCHEDULE G JNniREC',T COSTS REQUIRED NARRATIVE: It Method (A) is used, specify the rate and attach a copy of the document by which the current cost allocation plan was approved. NOTE: Indirect Costs are authortzed in an amount not to exceed the computation table In the CJD Financial and Administrative Requirements &action of the grant applicstlon kit, or as authortzod por the applicant's cost allocation plan. (1} ( (2) (3) Indirect Costs CJD,Federal Cash Match TOTAL (A) Indirect Costs Per Approved Cost Allocation Plan $ N/A I $ I $ 0 l CJD Computation Table 0 REQUIRED NARRATIVE: It Method (A) is used, specify the rate and attach a copy of the document by which the current cost allocation plan was approved. NOTE: Indirect Costs are authortzed in an amount not to exceed the computation table In the CJD Financial and Administrative Requirements &action of the grant applicstlon kit, or as authortzod por the applicant's cost allocation plan. DESIGNATION OF GRANT OFFICIALS 1 1 .9 CJD -15 D rules require that three persons be designated to the positions of Authorized Official, Project Director, and Financial Officer for the purposes of administering a grant. The Project Director and the Financial Officer may not be the same person but, under extenuating circumstances, one person may otherwise fill two positions. In accordance with the criteria and definition of responsib)lities set forth in the Financial and Administrative Requirements section of the CJD Grant Application and Administration Guidelines governing submission of this application, the following designations are made: APPLiCANT: City of Paris Police Department PROJECT TI T LE: POY.ICE ATHLETIC LEAGUE Ms. Karl Louis Project Director (Type or Prim) Chief Police rtmpnt Tittle and Agenry _ 811 Bonham Stre 3usiness Address ( Street or P. 0. Box) Paris Texas 754 City ZP 903/784 -6688 Telephone Number Q—MS- -W—`y�FnanciaIOffcer {T Print) ni rP�tnr of F;., . Tittle and Agency — Avthorued Offciai (Type or Print) City Manager Td le and Agency nu Bsuslness Address (Street or P. 0. Box) Paris Tpxgc 751.41 9l1�7 City Zip 903/785 -7511 Telephone Number Box qQ17 Business Address (Street or P. 0. Box) - -Paris 1754F1 2n31 City zip 90785 -7511 Telephone Number CERTMCATION I certify that the programs proposed in this application meet all the requirements of the Texas Narcotics Control Program, that all the information presented is correct, and that the applicant will comply with the provisions of the Texas Narcotics Control Program and all other federal and state laws, regulations, and guidelines. By appropriate language incorporated in each grant, subgrant, or other document under which funds are to be disbursed, the undersigned shall assure that the applicable conditions above apply to all recipients of assistance. Authorized Official City of Paris Granter 3 J1W -94 Date DB- 94 -B04 -07432 Grant 9 60 EQUAL EINITLOYMENT OPPORTUNITY PROGRAM CERTIFICATION I, Michael E. Malone certify that; This agency employs fewer than 50 people; therefore, the required to file an equal opportunity program in accordance with 28 CFR 42.301 9-m., Subpart E. or (Criminal Justice Agency) IS not This agency employs 50 or more people and has received or applied to the Criminal Justice Division, Office of the Governor for total funds in excess of 525,000; therefore, the City of Par; g has formulated (Criminal Justice Agency) an equal employment opportunity program in accordance with 28 CFR 42.301 et sea., Subpart E and that it is on file in the office of W. E. Anderson City Hall (name) 135 1st Street S.E. - Director of F;n^nra/P er s onne 1 (address) (title) Paris , TX 75460 `) for review or audit by an official of the Criminal Justice Division, Office of the Governor as required by relevant laws and regulations. PROJECT TITLE: POLICE ATHLETIC LEAGUE Authorized Official (signature) 3/ 14/_4 Date Project Director (signature) -ILLY-9-4 Date City of Paris DB -94 -1304 -07432 Grantee Grant # 61 SINGLE AUDIT ACT CERTIFIED ASSURANCE The grantee hereby assures compliance by itself and its applicable subrecipients (contractors) with the Single Audit Act of 1984, PL98 -502 (ACT) and, particularly, with the requirements of OMB Circular A- 128 (copy enclosed) as follows (check one): 1 • Grant funds of S 100,000 or over - An annual audit by an independent auditor made in accordance with the requirements of OMB Circular A -128. 2• X Grant funds of 525,000 to S 100,000 - An annual audit made in accordance with OMB Circular A -128 or in accordance with federal laws and regulations governing the program. 3. Grant funds of less than 525,000 - Authorized Official (signature) 3/14/94 Date City of Paris Grantee Organization Exempt from the Act but governed by audit requirements prescribed by state or local law or regulation. Financial Officer (signature) 3 / 144 94 Date DB- 94 -B04 -07432 Grant Number If items 1 or 2 above are checked, the grantee should, within 60 days following the date of the grant award, furnish the following information: 1. The identity of the organization conducting the audit. 2. Approximate time audit will be conducted. U.S. DEPARTMENT OF JUSTICE ►, OFFICE OF lUST10E PROGRAMS OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub - Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, Participants, respomibititiea. The regulations were published as Put VII of the May 26, 1988 Federal Reginer (pages 19160 - 19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are prweady debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certifi cation, such Prospective participant $bill attach an explanation to this proposal. Name and Title of Authorized Reprwenwive Michael E. Malone City Manager Signature • Date 3 -14 -94 Name of Organization City of Paris, Paris, Texas Address of Organization I- 135 First Street S.E. Paris, Texas 75460 H. 124 (e) notifying the agency within ten days after receiving notice under subparagraph (d)(2)from an employ or otherwise receiving actual notice of such conviction; (t) taking one of the following actions with respect to any employee who is so convicted; (1) taking appropriate personnel action against such an employee, up to and including termination; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; (g) making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with the spmific grant. Place of Performance: Police Athletic League Building (Organization) 138 Lamar Avenue Paris Lamar Texas 75460 Street address City County State Zip Code Michael E. Malone City Manager Name of Person Title Citv of Paris a/141 -9-4 Organization Signature Date 65 CERTIFICATION'' REGA.RDI \G LOBBYT G Prior to the release of federal funds by the Criminal Justice Division (CJD), the Authorized Official for grantees which receive S100,000 or more must complete and return the attached Certification Regarding Lobbying, including the CJD grant number to which the certification applies. (Note: The grant number is set forth on the Statement of Grant Award.) CERTIFICATION REGARDING LOBBYING Each person shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a federal contract, grant, or cooperative agreement of S 100,000 or more; or federal loan of S 150,000 or more. This certification is a material representation of fact upon which reliance was placed when this _transaction was made or entered into. Submission of this certification is a prerequisite for making 'or entering into this transaction imposed by section 1592, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than S100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) no federal appropriated funds have b,--n paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress; an officer or employee of Congress, or an employ= of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative ag=rnent, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) if any non- fderal funds have been paid or vNill be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall check here and complete and submit Standard Form "Disclosure Form to Report Lobbying ", in accordance with its instructions; (3) the undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers and that all sub - recipients shall certify accordingly. Signature of Authorized Official DB- 94 -B04 -07432 • Grant Number City of Paris Grantee 66 3 -14 -94 Date 126 Home (39); and Don L. Hussey, Part of Lots 8 and 9, City Block 249, from General Retail District to Commercial District. Mayor Fisher referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting June 6, 1994, and before the City Council June 9, 1994. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance adding Section 2 -196 for service charges for City records requested by citizens. City Manager Malone explained that this would be an ordinance that would encompass all the fee that we charge for any information requested by the public under open records if there is a copy of a report or any document that they need, it will be spelled out in this ordinance, and there is a variety of charges for different services that we have been charges in the past. City Attorney Haynes told the Council that a lot of the charges are patterned after the County charges that are part of the State wide County Clerk charges. A motion was made by Councilman Shelton to table this item. Councilman Shelton withdrew his motion. After discussion, a motion was made by Councilwoman McDonald, seconded by Councilman Clifford authorizing preparation of an ordinance adding Section 2 -196 for service charges for City records. The motion carried 6 ayes, 0 nays. Resolution No. 94 -042, ratifying the execution of the Application for Criminal Justice Division Grant DB- 94 -B04 -07432 for a grant for the Police Athletic League in the amount of $26,547.00, was presented. A motion was made by Councilman Bell, seconded by Councilman Shelton for approval of the resolution. The motion carried 6 ayes, 0 nays. No action was taken on Agenda Item No. 18, consideration of and action on adoption of ttand Company,lUt�lWty, eRate Consulta tsr Rate Study prepared by Reed-Stowe There being no further business, the meeting adjourned. � a -- MAYOR ATTEST IE CUNNIN H M, CITY CL K 12S MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL May 9, 1994 The City Council of the City of Paris met in regular session, Monday, May 9, 1994, 6:00 P. M., City Council Chamber, City Hall, Paris, Texas. Mayor George Fisher called the meeting to order with the following Councilmembers present: Don Shelton, Eric S. Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Rondie Williams. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Karl Louis, Chief of Police for the City of Paris. Mayor Fisher announced if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Vickie Horne told the Council she would like to speak regarding a letter from Mr. Wade Thompson on the subject of smoking. Mayor Fisher advised Ms. Horne that she would be able to speak under citizens comments. Mayor Fisher asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced the next order of business would be receipt of reports from committees, boards, and commissions with minutes of the Paris Public Library Advisory Board, and Paris Economic Development Corporation Board being presented with no action being required. City Manager Malone called for the canvass of the returns of the City of Paris General Election held on May 7, 1994 for electing of Councilmembers from District No. 1, 2, 3, and 6 of the City of Paris. The returns were presented to Mayor Fisher and read aloud. Resolution No. 94,043, resolving by the City Council•of the City of Paris, that from the above and foregoing canvass of the returns of the votes in the four respective voting boxes in such election, it is declared and determined that Charles E. Fulbright is the person receiving the highest number of votes in the votes cast at such election for Councilman from District One and is therefore elected to serve as Councilman from District One and a member of the City Council of the City of Paris for the ensuing two years, that Aaron Jenkins is the person receiving the highest number of votes of the votes cast at such election for Councilman from District Two, and is therefore elected to serve as Councilman from District Two, and as a member of the City Council of the City of Paris for the ensuing two years; that John Bell is the person receiving the highest number of votes in the _ - — votes cast at such election for Councilman from District Three, and is therefore elected to serve as Councilman from District Three, and as a member of the City Council of the City of Paris for the ensuing two years; that Wayne Brown is the person receiving the highest number of votes in the votes cast at such election for Councilman from District Six, and is therefore elected to serve as Councilman from District Six, and as a member of the City Council of the City of Paris for the ensuing two years, was presented. A motion was made by Councilman Clifford, seconded by Councilman Williams for approval of the resolution. The motion carried 7 ayes, 0 nays. 12 Ocj-- RESOLUTION NO. 94 -043 WHEREAS, an election was held by the qualified voters of District 1, 2, 3 and 6 of the City of Paris, Paris, Texas, on the 7th day of May, 1994, for the purpose of voting for and electing the Councilmen from each of said Districts to serve as members of the City Council for the ensuing two (2) years, to -wit: 1. Councilman From District One (1) 2. Councilman From District Two (2) 3. Councilman From District Three (3) 4. Councilman From District Six (6) WHEREAS, as required by Order of the District Court of the United States for the Eastern District of Texas, Paris, Division, in Civil Action No. P- 75 -3 -CA, and as provided in the Charter of the City of Paris and the laws of the State of Texas wherein they do not conflict with said Order, such election was conducted and held at four (4) specified and designated polling places, that is one polling place in District 1, 2, 3 and 6 of the City of Paris, Paris, Texas; and, WHEREAS, sealed returns of said election, made by the duly appointed and designated election officials of and for the four (4) respective voting boxes, have been made to the Mayor and City Council of the City of Paris, as required by law, which returns after due and deliberate review and canvass thereof, show the following results of said election, to -wit: (1) IN DISTRICT ONE (1) A TOTAL OF 53 VOTES WERE CAST FOR COUNCILMAN FROM DISTRICT ONE (1) AS FOLLOWS: (2) (3) Charles E. Fulbright Write -In Candidate District Absentee Total 50 3 53 IN DISTRICT TWO (2) A TOTAL OF 11 VOTES WERE CAST FOR COUNCILMAN FROM DISTRICT TWO (2) AS FOLLOWS: Aaron Jenkins Write -In Candidate District Absentee Total 11 11 IN DISTRICT THREE (3) A TOTAL OF 24 VOTES WERE CAST FOR COUNCILMAN FROM DISTRICT (3) AS FOLLOWS: John Bell Write -In Candidate District Absentee 24 Total 24 (4) IN DISTRICT SIX (6) A TOTAL OF 127 VOTES WERE CAST FOR COUNCILMAN FROM DISTRICT SIX (6) AS FOLLOWS: District Absentee Total Wayne Brown 124 3 127 Write -In Candidate NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that from the above and foregoing canvass of the returns of the votes in the four (4) respective voting boxes in such election, it is declared and determined that CHARLES E. FULBRIGHT is the person receiving the highest number of votes of the votes cast at such election for Councilman From District One (1), and is therefore elected: to serve as Councilman From District One (1) and a member of the City Council of the City of Paris for the ensuing two (2) years; that AARON JENKINS is the person receiving the highest number of votes of the votes cast at such election for Councilman From District Two (2), and is therefore elected to serve as Councilman From District Two (2) and as a member of the City Council of the City of Paris for the ensuing two (2) years; that JOHN BELL is the person receiving the highest number of votes of the votes cast at such election for Councilman From District Three (3), and is therefore elected to serve as Councilman From District Three (3) and as a member of the City Council of the City of Paris for the ensuing two (2) years; and that WAYNE BROWN is the person receiving the highest number of votes of the votes cast at such election for Councilman From District Six (6), and is therefore elected to serve as Councilman From District Six (6) and as a member of the City Council of the City of Paris for the ensuing two (2) years. PASSED AND ADOPTED by the City Council of the City of Paris in regular session convened pursuant to the directions of the Election Code of the State of Texas, on this the 9th day of May, 1994. Don Shelton, ayor ATTEST: Mattie Cunningham, City Cler APPROVED AS. TO FORM: 'j-X' T. K. City Attorney Councilman Williams said it has been a joy in serving the City of Paris, it has been very inspirational and educational. Councilman William said he did the best he could, and he will stand behind the Council, and they will have his support. Thomas E. Hunt III, Municipal Judge, administered the oath of office to Wayne Brown, John Bell, Charles Fulbright, and Aaron Jenkins. The newly elected Councilmembers assumed their seat at the Council table. Mayor Pro Tem Shelton presented plaques to Mayor Fisher, Councilman Williams, former Councilman Jim Bell, and the late Councilman Billy Joe Burnett. Mayor Pro Tem Shelton declared that nominations were open for Mayor. Councilman John Bell nominated Mayor Pro Tem Shelton, the nomination was seconded by Councilman Brown. The nomination were closed, and Mayor Pro Tem Shelton was elected Mayor of the City of Paris with a unanimous vote of the Council. Mayor Shelton called for nominations for Mayor Pro Tem, and Councilwoman McDonald nominated Councilman Clifford, the nomination was seconded by Councilman Fulbright, and Councilman Clifford was elected Mayor Pro Tem by a unanimous vote of the Council. Judy Meuir, 2909 Bonham Street, appeared before the Council under Personal Appearances regarding the Paris Police Department. Ms. Meuir told the Council that her ex- husband committed suicide on January 15, 1994 at her house at 2909 Bonham Street. Ms. Meuir said she was not given any choice in that, he just did it. Ms. Meuir said she did not remember much of anything other than a lot of people being around her. Ms. Meuir son read the following letter: " On the day of Danny's death, Haskell Maroney of the CID Department of the Paris Police Department released the keys of Danny's pickup to Danny's father, since Danny and my mother were divorced for several years, this may have seemed appropriate; however, had he done any questioning about this, he would have learned that my mother was co -owner and cosigner of the 132 pickup, making her legally and financial responsible for it. Of course, at the time the truck was the last of our worries, but when the intention of the Meuir family was related to us, we voiced our concern and asked for information as to why the truck was released. We were told by Mr. Maroney that he had not handled the matter correctly, had he known the circumstances or taken the time to find out information, he would not have released the truck to the family. Then when we asked the police for assistance in getting the pickup back we were told that even though my mother was legally responsible for it and was legally owner of the pickup, there was nothing that could be done. As a result of this, the pickup had extensive damage and was respossed by the bank, and apparently the truck was abused to the point to where it would not bring anything at auction. Later Mr. Meuir's sister, made allegations against my mother to the police department who brought my mother in for questioning knowing what she had been through, knowing that the allegations were bogus, knowing how upset she already was with the suicide. The allegations were murder, credit card abuse on Danny's cards after death, now we have been told that evidence has been produced to prove that Ms. Swaim were responsible for these actions, or so we have been told by the police department. The largest complaint is they have been made to feel as if we are the guilty party, we have been told information seems to change as much as the weather does, we have been treated rudely by the Paris Police Department ". Police Chief, Karl Louis, was present stating that this has been a difficult case. Mr. Louis said that he has not met Ms. Meuir or her son, but he has talked to them on the telephone. Basically the suicide started out, we handled the suicide, there were allegations from other parties involved of foul play involved. We worked it as diligent as possible, to reaching a conclusion in the case. We were able to conclude that it is surely a suicide, and no foul play involved. There was a matter of theft that involved the deceased personal property. We were having to work with several other police departments in N. E. Texas, make cases of the individual responsible for these crimes. In talking to the District Attorney's Office, he at times wanted to release some of the property if he could have. The District Attorney advised when you release the property you jeopardize the criminal case against the other party. We are still not able to release the property at this time because the cases in other cities have not be resolved. Mr. Louis apologized if Ms. Meuir has been treated badly, and he said that he would be happy to meet with Ms. Meuir. Mayor Shelton instructed Mr. Louis to meet with Ms. Meuir, and told Ms. Meuir if she was not satisfied with the answers she received, to please come back and talk with the City Manager, and he will address that for you. Ms. Jackie Alsobrook, 200 Monroe, Deport, Texas, a member of the Paris Public Library Advisory Board, appeared before the Council reporting on behalf of the County Funding Library Committee. Ms. Alsobrook told the Council this Committee was formed about a year ago, and it grew out of concern from the Paris Public Library Advisory Board about the future 3� of funding for the Library with the movement of people out in the county. Mr. Alsobrook said that every since she has been on the Library Board, they have been advised by the State and by other Libraries that we need to do something to procure funding from the County, but that was never done. Several year ago City Manager Malone proposed a user fee which was not welcomed by the people in the county. Accordingly the Library under took a survey for three weeks of the Library's users to determine their place of residence. There were approximately 36% of the users live in the county, and none of them pay city taxes which supports the Public Library. Ms. Alsobrook advised the Council that the County Funding Library Committee has gone as far as they can go, that an agreement could not be reached between the City and the County upon what would be a fair way to fund this. It was hoped that this committee could work together and come up was a solution. Mr. Alsobrook said speaking as a member of the Paris Public Library Advisory Board, she hoped that the very last thing to be considered by anyone is a user fee, because there are so many children using the Library, they will be the ones hurt by a user fee. Mayor Shelton advised that there has been discussion with another entity here, and there are somethings that we would like to personally talk to the Committee about. Mayor Shelton requested that he be notified him, and he will try to attend your next meeting and discuss these item with you. Mayor Shelton said he felt that are other people who would also like to be there at that time. Ms. Alsobrook told the Council that if the Committee continues, there was a need to appoint another member from the Council as Councilman Williams is no longer of the City Council. Mayor Shelton appointed Eric Clifford to be a member of the County Funding Library Committee. ORDINANCE NO. 94 -020 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY ESTABLISHING A COMMERCIAL DISTRICT (C) AND SPECIFIC USE PERMIT - AUTO FUEL SALES (49) ON LOTS 1 AND 1 -A, CITY BLOCK 340, ON PROPERTY BELONGING TO NORMAN MONTGOMERY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) AND SPECIFIC USE PERMIT - AUTO FUEL SALES (49) SO ESTABLISHED was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -021 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP - � ^1L/ %IIj C3IMUL1JH1NG A ONE FAMILY DWELLING DISTRICT NO. 3 (SF -3) AND SPECIFIC USE PERMIT MOBILE HOME (39) ON THE NORTH 25 FEET OF LOT 4 AND ALL OF LOT 5, BLOCK 5, GIBBONS BRADEN ADDITION, ON PROPERTY BELONGING TO DEWEY A. TURPIN, LIMITED FOR USE BY CHRIS MORPHEW ONLY) SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO FAMILY DWELLING DISTRICT (2F); AND DESIGNATING THE BOUNDARIES OF THE ONE FAMILY DWELLING DISTRICT NO. 3 (SF -3) AND SPECIFIC USE PERMIT - MOBILE HOME (39) SO ESTABLISHED was presented. A motion was made by Councilman Clifford, seconded by Councilman Bell for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -022 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY ESTABLISHING A GENERAL RETAIL DISTRICT (GR) AND SPECIFIC USE PERMIT - BILLBOARD SIGN (52) ON LOT 13, CITY BLOCK 315, ON PROPERTY BELONGING TO JOHN AND JAMIE CARTER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A PLANNED DEVELOPMENT RETAIL AND HOUSING DISTRICT (Pd a -b); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) AND SPECIFIC USE PERMIT - BILLBOARD SIGN (52) SO ESTABLISHED was presented. A motion was made by Councilman Bell, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -023 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF-THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY ESTABLISHING A MULTI - FAMILY DWELLING DISTRICT N0. 1 (MF -1) ON LOTS 9 AND 11, BLOCK Q, EAST PARK ADDITION, ON PROPERTY BELONGING TO RAY BOOKER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 3 (SF -3); AND DESIGNATING THE BOUNDARIES OF THE MULTI - FAMILY DWELLING DISTRICT NO. 1 (MF -1) SO ESTABLISHED was presented. A motion was made by Councilman Bell, seconded by Councilman Brown for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -024 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY ADDING A SECTION TO BE NUMBERED, 2 -196 OF SAID CODE; PROVIDING ESTABLISHMENT OF CHARGES FOR REQUESTS FOR PUBLIC RECORDS; REPEAL �NG ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PR FOR AN EFFECTIVE DATE OF MAY 9, 1994 OVIDING City Manager Malone called for tabulations of bids for furnishing and delivery of a fully automated and integrated operations and management system serving the functional areas of acquisitions, circulation, cataloging, reports and public access for the Paris Public Library, and the following bids were presented: Dynix, Inc., Provo, Utah did not meet the Specifications Gaylord Bros., Inc. $90,189.00 City Manager Malone advised that it was the recommendation of Beverly Lewis, Library Director, to award the bid to Gaylord Bros. A motion was made by Councilman Clifford, seconded by Councilman Fulbright to award the bids for automation of the Paris Public Library to Gaylord Bros., in the amount of $90,189.00. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulations of bids for Uniforms for the Fire and EMS Departments, and the following bids were presented: R & R Uniform Inc. $7,242.94 Tyler Uniform $6,963.61 - A motion was made by Councilman Fulbright, seconded by Councilman Jenkins awarding the bid to Tyler Uniform in the amount of $6,963.61. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulation of bids for construction of approximately 3469 square yards 12" reinforced concrete paving and drives, 2 storm water inlets, 180 L.F. 12" R.C.P. storm sewer with appurtenant construction in place known as Soup Street Paving Project, and the following bids were presented: Drake Construction Company $177,953.95 Hilliard & Sons $193,450.66 Stephens & Sons $163,276.18 City Manager Malone advised that it was the recommendation of the City Engineer to award the bid to the low bidder, Stephens & Sons. A motion was made by Councilman Brown, seconded by Councilman Fulbright to award the bid for the Soup Street Paving Project to Stephens & Sons, in the amount of $163,276.18. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of 12 bullet resistant vests for the Paris Police Department, and the following bids were presented: Swat Shot $5,100.00 #2 #3 #4 City Manager Malone advised that it was the recommendation of the Police Chief, Karl Louis, to award the bid to Texas State Distributors #4 in the amount of $3,720.00. After discussion, a motion was made by Councilman Clifford, seconded by Councilman Jenkins awarding the bid for 12 bullet resistant vests for the Police Department to Texas State Distributors #4 in the amount of $3,720.00. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulations of bids for the Water Treatment Plant Expansion Vo. II - Controls & Instrumentation, a part of Project No. 92WSRB03 -92, and the following bids were presented: TANO /Aquatrol $190,029.00 Ed Wilson, Inc. /GE $365,000.00 Cames & Co. Affiliates $375,333.00 Keystone Controls $422,555.00 A motion was made by Councilman Clifford, seconded by Councilman Fulbright to award the bid to Ed Wilson, Inc. /GE in the amount of $365,000.00. The motion carried 7 ayes, 0 nays. Resolution No. 94 -044, awarding the contact for furnishing plant, labor, materials and equipment and performing all work required for the Soup Street Paving Project to Stephens and Sons Concrete Contractors in the amount of of $163,276.18, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Brown for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -044 WHEREAS, the City Council of the City of Paris, did in Resolution No. 94- 034 on April 11, 1994 approve the advertisement for bids for furnishing plant, labor, materials and equipment and performing all work required for the "SOUP STREET" Paving Project, which bids were received until 3:00 o'clock P.M., Tuesday, May 3, 1994; and, WHEREAS, the best bid for such construction was made by STEPHENS AND SONS CONCRETE CONTRACTORS, Paris, Texas, and it should be awarded the bid for such construction; and, WHEREAS, the form of contract for such construction project attached hereto as Exhibit A, should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid of STEPHENS AND SONS CONCRETE CONTRACTORS, for the construction project in the amount of $163,276.18 is hereby accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract with STEPHENS AND SONS CONCRETE CONTRACTORS for "SOUP STREET" Paving Project, upon the terms and conditions and in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 9th day of May, 1994. Don Shelton, Mayor ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. K. Hatynes, Orly Attorney 13 AGREEMENT THIS AGREEMENT is dated as of the day of in the year 19 by and between City of Paris, Paris, Texas, (hereinafter called OWNER) and Stephens & Sons Concrete Contractors (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article I. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Soup Street Paving Project The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 3469 square yards 12" reinforced concrete paving and drives, 2 stormwater inlets, 180 L.F. 12" RCP storm sewer and other appurtenant construction. Article 2. ENGINEER. The Project has been designed by City Engineer, City of Paris, Paris, Texas, or his authorized representative, who is hereinafter call ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1 The Work will be substantially completed within 90 days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of General Conditions within 120 days from the date when the Contract Time commences to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER two hundred dollars $ 200.00 ) 1,3 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER seventy five dollars ($ 75.00 ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments, OWNER shall make progress payments on account of the Contract Price on the basis ,of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the day of each month during construction as provided below. All Progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in.an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER-shall determine, or OWNER may withhold, in accordance wit;: paragraph 14.7 of the General Conditions. Ten Percent (10 %) of Work Completed. Ten percent (10 %) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to ninety -five percent (95 %) of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. FAR 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST No interest will be paid to the CONTRACTOR on retained money unless required by law. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to reply. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in additions to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 21 141 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations,, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations,, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written, resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 1 to 7, inclusive). 8.2 Exhibits to this Agreement (pages to , inclusive.) 8.3 Performance and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice of Award. 8.5 General Conditions (pages _ to _ inclusive). 8.6 Supplementary Conditions (pages _ to inclusive). 8.7 Specifications bearing the title Soup Street Paving Project and consisting of 13 divisions and 122 pages, as listed in table of contents thereof. 8.8 urawi.ngs, consisting of a cover sheet and sheets numbered 1 through 3 , inclusive with each sheet bearing the following general title: 22 8.9 Addenda numbers to , inclusive. 8.10 CONTRACTOR's Bid (pages 10 to 15 , inclusive) marked exhibit 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 8.13 The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed at•ove in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bond; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the affect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successor, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. NONE 23 143 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on .19 OWNER CITY OF PARIS CONTRACTOR (type business name) di BY � By Qg6rg-e Fisher, Mayor (type signature name) (CORPORATE SEAL) (CORPORATE SEAL) Attest Mattie Cunningham City Clerk Address for giving notices P.O. Box 9037 Paris, Texas 75461 -9037 Approved as to form: T.K. Haynes, City Attorney 24 Attest Address for giving notices License No. Agent for service of process: 144 STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, this undersigned authority, on this day personally appeared George Fisher, Mayor of the City of Paris, known to be to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 19 STATE OF TEXAS ) COUNTY OF LAMAR ) Notary Public, State of Texas Printed Name: My commission expires: BEFORE ME, the undersigned authority, on this day personally appeared , of , known to me to be the person s whose name(s) is are subscribed to the foregoing instrument, and acknowledged to me that he /she /they executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 19 Notary Public, State of Texas Printed Name: My commission expires: 01& Resolution No. 94 -045, authorizing and directing the Mayor of the City of Paris, Don Shelton, to execute on behalf of the City of Paris the contract with Ed Wilson, Inc. for Water Treatment plant Expansion Vol II - Controls & Instrumentation Project a part of Project 92WSRB03 -92 was presented. A motion was made by Councilman Jenkins, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -045 WHEREAS, the City Council of the City of Paris, did in Resolution No. 94- 009 on February 10, 1994, approve the advertisement for bids for furnishing plant, labor, materials and equipment and performing all work required for the "WATER TREATMENT PLANT EXPANSION VOL. 1I - CONTROLS & INSTRUMENTATION Project, a part of Project 92WSR1303 -92, which bids were received until 3:00 o'clock P.M., Tuesday, March, 1, 1994; and, WHEREAS, the best bid for such construction was made by ED WILSON, INC., and it should be awarded the bid for such construction; and, WIIEREAS, the form of contract for such construction project attached hereto as Exhibit A, should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid of ED WILSON, INC., for the construction project in the amount of $365,000.00 is hereby accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract with EDrWIRO�S & IINSTRUMENTATIONAP ojectTa part PLANT of EXPANSION VOL. II - CO Project 92WSRB03 -92, upon the terms and conditions and in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 9th day of n�ra., 1994_ ATTEST: Mattie Cunningham, City Cl k APPROVED AS TO FORM: T. K. Haynes, ity Attorney 146 AGREE2vF-NT THIS AGREEMENT is dated as of the day of in the year 19 and between City of Paris, Paris, Texas, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Water Treatment Plant Expansion. The Project for which the Work tinder the Contract Documents may be the whole or only a part is generally described as follows: Furnishing all labor, material and equipment, and performin, all work required for removal and replacement of the primary existing controls and instrumentation system with a computer based solid state system. The resulting system shall operate the existing plant as well as a proposed expansion which will take place as part of another contract as Vol. I - Plant Expansion. Article 2. ENGINEER The Project has been designed by City. Engineer, City of Paris, Paris, Texas, or his authorized _ representative, who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be substantially completed within days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of General Conditions within days from the date when the Contract Trine commences to run. .3.2 Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Dollars (S ) for each day that expires after the time specified in paragraph 3.1 for 18 E XHIBITA Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Dollars ($_ ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 5 PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the last day of each month during construction as provided below. All Progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.17 of the General Conditions. Ten Percent (10%) of Work Completed. Ten percent (10%) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to ninety -five percent (95%) of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST No interest will be paid to the CONTRACTOR on retained money unless required by law. Article 7. CONTRACTOR'S REPRESENTATIONS 19 148 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extend of the Contract Documents, Work, site locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or Punishing the Work 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to reply. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in additions to or to supplement those refereed to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, testes, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages to . inclusive). 20 _ 149 8.2 Exhibits of this Agreement (pages to , inclusive). 8.3 Performance and other Bonds, identified as exhibits and consisting of _ pages. 8.4 Notice of Award. 8.5 General Conditions (pages to .inclusive). 8.6 Supplementary Conditions (pages to , inclusive). 8.7 Specifications bearing the title Water Treatment Plant Expansion and consisting of divisions and pages, as listed in the table of contents thereof. 8.8 Drawings, consisting of a cover sheet and sheets numbered through , inclusive with each sheet bearing the following general title: Water Treatment Plant Expansion. 8.9 Addenda numbers to , inclusive. 8.10 CONTRACTOR's Bid (pages to ,inclusive) marked exhibit 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 8.13 The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bond; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extend that the affect of this restriction may be limited by law), and unless specifically 21 stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successor, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS NONE 22 . IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on 1994. OWNER CITY OF PARIS CONTRACTOR (type business name) M Attest George Fisher, Mayor (CORPORATE SEAL) Mattie Cunningham City Clerk Address for giving notices P. O. Box 9037 Paris. Texas 75461 -9037 Approved as to form: T.K. Haynes, City Attorney 23 BY (type signature name) (CORPORATE SEAL) Attest Address for giving notices License No. Agent for service of process: 151. STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, this undersigned authority, on this day personally appeared George Fisher. Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1994. Notary Public, State of Texas Printed Name: My commission expires: STATE OF TEXAS § COUNTY OF LAMA.R § BEFORE ME, this undersigned authority, on this day personally appeared of known to me to be the person(s) whose names) is/are subscribed to the foregoing instrument, and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1994. Notary Public, State of Texas Printed Name: My commission expires: 24 . Resolution No. 94 -046, approving the plans and specifications for the Booker T. Washington Area Curb and Gutter, Paving and Drainage Phase II, TCDP Contract No. 702471 Project, and authorizing advertisement for bids to be received after due notice, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -046 WHEREAS, the City Council of the City of Paris, did heretofore authorize the preparation of plans and specifications for a project of construction to be funded in part by the Texas Community Development Program grant for curb and gutter, paving and drainage in the Booker T. Washington project area on 5th Street N.E. from Garrett Street north to Martin Luther King, Jr. Drive Extension; Garrett Street and Henderson Street from 3rd Street N.E. east to 5th Street N.E.; 6th Street N.E. from Martin Luther King, Jr. Drive Extension north to Hickory Street; 7th Street N.E. from Givens Elementary School north to Hickory; and Williams Street from 6th Street N.E. east to Givens Elementary School, consisting of approximately 12,318 lin. ft. of curb and gutter, 1,500 sq. yards of concrete drive approach and other related street improvements; and, WHEREAS, such plans and specifications have been prepared by Earl Smith, City Engineer with the title being given thereto of "BOOKER T. WASHINGTON PROJECT AREA CURB AND GUTTER, PAVING AND DRAINAGE PHASE II, TCDP CONTRACT NO. 702471 " project, which plans and specifications are recommended for approval by the City Engineer of the City of Paris; and, WHEREAS, such plans and specifications should be approved and such project should be authorized for advertisement for bids; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the plans and specifications for the "BOOKER T. WASHINGTON AREA CURB AND GUTTER, PAVING AND DRAINAGE PHASE II, TCDP CONTRACT NO. 702471" project of construction of curb and gutter, paving and drainage on 5th Street N.E. from Garrett Street north to Martin Luther King, Jr. Drive Extension; Garrett Street and Henderson Streets from 3rd Street N.E. east to 5th Street N.E.; 6th Street N.E. from Martin Luther King, Jr. Drive Extension north to Hickory Street; 7th Street N.E. from Givens Elementary School north to Hickory; and Williams Street from 6th Street N.E. east to Givens Elementary School be, and the same are hereby approved; and, BE IT FURTHER RESOLVED, that such project of construction be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 1st Street S.E., Paris, Texas 75460, until 3:00 o'clock P.M. on Tuesday, June 7, 1994, at which time said bids will be opened in the City Council Chamber, City Hall, 135 1st Street S.E., Paris, Lamar County, Texas, and bids will be tabulated and presented to the City Council on the 13th day of June, 1994. for the purpose of letting such bid. PASSED AND ADOPTED this 9th day of May, 1994. ATTEST: Mattie Cunningham, City Cle k APPROVED AS TO FORM: k.ila nes. Attorney 153 154 Resolution No. 94 -047, approving the plans and specifications for the Water Treatment Plant Expansion 92WSRB03 -92 Project, and authorizing advertisement for bids to be received after due notice, was presented. A motion was made by Councilman Clifford, seconded by Councilman Clifford, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. . RESOLUTION NO. 94 -047 WHEREAS, the City Council of the City of Paris, did heretofore authorize the preparation of plans and specifications for a project of construction for the Water Treatment Plant Expansion; and, WHEREAS, such plans and specifications have been prepared by Bucher Willis & Ratliff, with the title being given thereto of "WATER TREATMENT PLANT EXPANSION 92WSRB03 -92" Project, which plans and specifications are recommended for approval by the City Engineer of the City of Paris; and, WHEREAS, such plans and specifications should be approved and such project should be authorized for advertisement for bids; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the plans and specifications for the "WATER TREATMENT PLANT EXPANSION 92WSRB03 -92" Project be, and the same are hereby approved; and, BE IT FURTHER RESOLVED, that such construction project be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 1st Street S.E., Paris, Texas 75460, until 3:00 o'clock P.M. on Tuesday, June 28, 1994, at which time said bids will be opened in the City Council Chamber, City Hall, 135 1st Street S.E., Paris, Lamar County, Texas, and bids will be tabulated and presented to the City Council on the I 1 th day of July, 1994, for the purpose of letting such bid. PASSED AND ADOPTED this 9th day of May, 1994. Don Shelto , Ma or ATTEST: Mattie Cunningham, City C rk APPROVED AS TO FORM: T. K. Haynes, City Attorney 155 156 Resolution No. 94 -048, authorizing and directing the Mayor of the City of Paris, Don Shelton, to execute special warranty deeds for the portion of the property formerly established as State's roadside park -site property and the abandoned Old Paris - Clarksville right -of -way to the abutting landowners to the South, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Brown for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 84_048 WHEREAS, the City Council of the City of Paris did heretofore in Ordinance No. 93 -018 close Old Paris - Clarksville Road, beginning at a point in the south right -of -way line of U. S. Highway No. 271 (Clarksville Street) approximately 109 feet east of the Northwest corner of Lot 9, City Block 311 and proceeding in an easterly direction approximately 1333.18 feet to the east boundary line of Lot 13, City Block 311; and, WHEREAS, the City Council of the City of Paris did heretofore in Resolution 93 -079 did authorize the acquisition of the State's roadside park -site property, located north of said abandoned Old Paris - Clarksville Road, in the amount of $2,548.00 for its conveyance to landowners abutting Old Paris - Clarksville Road to the south; and, WHEREAS, the City now has possession of said State's surplus property and is in a position to sell said roadside park -site property to the landowners abutting Old Paris - Clarksville Road to the south to provide their access to U. S. Highway 271 at cost and on a pro rata basis as follows: Lot 10 .0109 acres $ 23.87 Lot 11 .3962 acres $ 867.35 Lot 12 .2807 acres $ 641.51 Lot 14 .4761 acres $1,042.27 TOTAL 1.1639 acres $2,548.00; and, WHEREAS, it is appropriate that the abandoned and closed street right -of -way adjacent to Lots 9, 10, 11, 12 and part of 14, City Block 311 has no utility except to the adjacent owners and, therefore, the abandoned right -of -way should be conveyed to the adjacent owners in accordance with the laws of the State of Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, Don Shelton be, and lie is hereby authorized to execute special warranty deeds for the portion of the property formerly established as State's roadside park -site property and the abandoned Old Paris- Clarksville right -of -way to the abutting landowners to the South, it appearing that the real and true owners of the hereinafter described lots are as follows: Lot 9 Charles A. Endsley, Jr: Old Paris- Clarksville Road Right -of -Way Only Lot 10 J. D. LaFoy: Roadside Park -Site Property and Road Right -of -Way Lot 11 Springlake Baptist Church: Roadside Park -Site Property and Road Right -of -Way Lot 12 Margie E. Barham: Roadside Park -Site Property and Road Right -of -Way Lot 14 Larry Greb: Roadside Park -Site Property and Road Right -of -Way BE IT FURTHER RESOLVED, that the City of Paris retain a utility easement in the area to be described in the above described special warranty deeds. PASSED AND ADOPTED the 9th day of May, 1994. ATTEST: Don Shelton, May Mattie Cunningham, City C k APPROVED O FORM: . K. ayne , City Attorney Resolution No. 94 -049, appointing Gary Meggs to the Redistricting Study Committee, was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94.049 WHEREAS, the City Council of the City of Paris is and has been concerned with ensuring that the districts of the City of Paris are constitutionally constituted; and, WHEREAS, the City Council did heretofore in Resolutions No. 94 -036 and No. 94 -037 approve the appointments of fourteen (15) citizens to serve on the Redistricting Committee; and, WHEREAS, in accordance with Resolution No. 94 -016, one additional position on said Redistricting Committee remains to be filled; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS. that the appointment by the Mayor of the City of Paris of Gary Meggs to the Redistricting Study Committee, be, and it is hereby confirmed. PASSED AND ADOPTED the 9th day of May, 1994. ATTEST: Mattie Cunningham, City Cie ATTEST: F. K. Haynes, ity Attorney Resolution No. 94 -050, appointing Councilman Brown as a member of the Visitors and Convention Council of the Chamber of Commerce of Lamar County, to serve the unexpired term of Jim Bell, which ends December 31, 1995, was presented. A motion was made by Councilman Bell, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. 15,9 RESOLUTION NO. 94 -050 WHEREAS, there exists a vacancy on the membership of the Visitors and Convention Council of the Chamber of Commerce of Lamar County, due to the ineligibility of Jim Bell, and it is necessary to appoint his successor, and the Mayor Of the City of Paris, Don Shelton, having appointed Wayne Brown to serve the unexpired term of Jim Bell, which ends December 31, 1995, and has submitted the name of such person to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointment of Wayne Brown, as a member of the Visitors and Convention Council of the Chamber of Commerce of Lamar County, to serve the unexpired term of Jim Bell, which ends December 31, 1995, is by the City Council of the City of Paris hereby approved and confirmed. PASSED AND ADOPTED this 9th day of May, 1994. ��- •Itch Don Shelton, • ATTEST: Mattie Cunningham, City Cler APPROVED AS O FORM: T. K. Haynes, City Attorney Councilman Clifford asked to be excused for the Council meeting due to conflict of interest, and a motion was made by Councilman Bell, seconded by Councilwoman McDonald to excuse Councilman Clifford, The motion carried 7 ayes, 0 nays. Resolution No. 94 -051, authorizing and directing the City Manager, Michael E. Malone to execute the lease with Larry C. Townes for property located at Cox Field, Paris, Texas, was presented. A motion was made by Councilman Bell, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. 160 RESOLUTION 94 -051 WHEREAS, the City Council of the City of Paris has received a request from LARRY C. TOWNES to lease property at Cox Field, Paris, Texas, for the purpose of erecting a building in which to conduct an aeronautical activity; and, WHEREAS, it is deemed to be in the best interest of the Cox Field operation and the City of Paris that aeronautical activities for the flying public be encouraged; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIF CITY OF PARIS, that the City Manager, Michael E. Malone, be, and he is hereby authorized and directed to execute the 55 year lease with LARRY C. TOWNES for property located at Cox Field, Paris, Texas, upon the terms and conditions and upon the form attached hereto as Exhibit "A ". PASSED AND ADOPTED this 9th day of May., 1994. A'1TEST: Matti, Cunningham, City C rk APPROVED AS p FORM: \ Z/ - T. K' ynes ity Attorney E-*VfffiA,.,P./� m LEASE AGREEMENT COUNTY OF LAMAR } } KNOW ALL MEN BY THESE PRESENTS: STATE OF TEXAS } LEASE AGREEMENT BETWEEN THE CITY OF PARIS, a municipal corporation, acting by and through its City Manager, Michael E. Malone, duly authorized hereinafter referred to as LESSOR, and LARRY C. TOWNES, Route 2, Box 130, Detroit, Lamar County, Texas, hereinafter referred to as Lessee, WITNESSETII For and in consideration of the payment of the sum of FIFTY -FOUR THOUSAND AND NO 1100 DOLLARS ($54,000.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $300.00 on or before May 1, 2034, with a like payment on or before the 1st day of each month thereafter during the remainder of the term hereof, said CITY OF PARIS does hereby lease, rent and let unto LARRY C. TOWNES, that portion of Cox Field property described in Exhibit "A ", attached hereto and made a part hereof for all legal purposes. The term of this lease is for FIFTY -FIVE (55) years, beginning on the 1st day of May, 1994, and ending on the 30th day of April, 2049. It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to renew such Lease for an additional period of FIFTEEN (15) years, the rental for the renewal to be based on the fair market value at the time of renewal, being the approximate date of May 1, 2049, 2019. IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. That LESSEE pay to LESSOR, or order, at the City Hall in the City of Paris, the agreed rental in advance, promptly and without neglect, default and delay. 2. That this lease is subject to all the terms, provisions and conditions of the deed of conveyance of such premises from the United States of America to the City of Paris, recorded in Book 308, Page 287, Deed Records of Lamar County, Texas to which reference is made for all purposes. EXHIBIT.,A 161 1 6 3. That LESSEE, his successors or assigns, agree that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally - assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 191)4, and as said Regulations may be amended. 4. That LESSEE, his successors or assigns agree that (i) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (ii) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 5. That LESSEE shall comply with all conditions and requirements established in Department of Transportation, Federal Aviation Administration, Grant Agreements No. 8 -48- 0169 -02 and No. 6 -48- 0169 -03. 6. That LESSEE will abide by and comply with all rules, regulations, ordinances and laws pertaining to the use of the airport located at Cox Field, including but not limited to the City of Paris Airport, Manual and Federal Aviation Administration rules and regulations pertaining to Cox Field, and in addition thereto will abide by and comply with all ordinances of the City of Paris and all laws of the State of Texas governing citizens and property within the - City of Paris. 7. That LESSEE will use that portion of such premises in his possession for private hangar space, for aeronautical activities for which lie holds permit issued by the City of Paris 2 163 in accordance with Article II of Chapter 6 of the Code of Ordinances of the City of Paris. Further, it is hereby agreed by and between LESSOR and LESSEE that LESSEE shall be permitted to sublease any or all portions of the premises described in Attached Exhibit "A" for private hangar space and for aeronautical activities for which sublessee holds a permit issued by the City of Paris in accordance with Article II of Chapter 6 of the Code of Ordinances of the City of Paris. 8. That, if in the course of using such premises for the permitted purposes, LESSEE desires to build, at his own expense, a hangar building and apron in pursuit of such uses, LESSEE will be so permitted upon application and approval for building permit from iie City of Paris, of all steel construction, similar in appearance and construction to the existing enclosed hangars and to have an approximate square footage of at least 9,000 square feet but no more than 18,000 square feet of area, and such structure will not violate any of the rules or regulations of the City of Paris, or the Federal Aviation Administration. It being agreed and understood that LESSEE shall be responsible for electric utilities furnished to the hangar building during the term of this lease. In the event of a termination of this lease by the City of Paris, as permitted herein during the first FORTY (40) years of said lease, the City of Paris will be obligated to pay to LESSEE 1 /40th of the original cost of said hangar and apron multiplied by the number of years remaining in the first FORTY years of the lease which ends April 30, 2034. In the event that final termination of said lease occurs during the final FIFTEEN (15) years of said lease, the City of Paris will not be obligated to pay to LESSEE any compensation for the remainder of the lease term. In the alternative in lieu of payment for termination during the first 40 years of the term of this lease, the City of Paris may agree to give LESSEE hangar space of equal quality, size and usefulness at no expense to LESSEE for the remainder of the first 40 years of the term of this lease. 9. That LESSEE will take good care of the leased premises and be responsible and make good to LESSOR all injuries and damages to the same cause by LESSEE or those under him and will deliver same to LESSOR at the expiration or termination of this lease in as good condition as when completed, usual wear and tear alone excepted; and LESSEE will, upon the expiration of this lease, peaceably yield up to LESSOR all and singular the premises and all future erections, additions or repairs to or upon same, in good repair, including but not limited 3 164 to hangar buildings, storage buildings, permanent installation of equipment and fixture and fences. 10. That it shall be lawful for LESSOR's Airport Manager to enter upon and into the leased premises and every part thereof at all times for the purpose of inspecting and examining the condition thereof. 11. That LESSEE has the right to assign this lease or sublet any part of the leased premises, with such assignee having all rights, privileges and obligations contained in this lease. 12. That LESSEE agree to indemnify, save, keep and hold harmless LESSOR from and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and character whatsoever for damage or injuries to persons and /or property occurring on the leased premises resulting from Lessee's, his invitees, agents, servants or employee's use, and LESSOR shall not be liable to LESSEE, his invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair; LESSEE hereby waives any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries, and LESSEE must at all times during the term of this Agreement, and any extensions thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of LESSEE, their invitees, agents, servants or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, with LESSOR as an additional insured, subject to approval by the City Attorney of the City of Paris, and LESSEE or their insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this lease and any extension thereof and specifically noting thereon that LESSOR is an additional insured. All A -; I-, _. V, J such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461 -9037. 13. LESSEE will not rent the premises or any part thereof for aircraft storage unless a permit under Article I1, Chapter 6 of the Code of Ordinances of the City of Paris, has been issued to him for that specific purpose. 14. That LESSEE will not use or permit the use of said premises or any part thereof for any purpose which is determined dangerous or hazardous to the airport operation by Airport Manager. 15. Should LESSEE default in, or fail or refuse to keep any of the covenants, conditions, stipulations and /or provisions herein contained, notice hereof shall be given in writing to LESSEE by LESSOR's Airport Manager, giving LESSEE thirty (30) days to correct such discrepancy, and in the event of such default, failure or refusal is not corrected within said thirty (30) day period, a second notice in writing by certified mail, affording a hearing before the Airport Advisory Board on a day certain, shall be given to LESSEE by LESSOR's Airport Manager. After affording LESSEE such hearing, the Airport Advisory Board shall recommend to the City Council that the Lease continue or be terminated, and thereafter the City Council shall take such action as it deems necessary. 16. That the LESSOR, may at its option, terminate this lease as to the entire tract, or any part thereof, which may be necessary, in the event the LESSOR desired to use the property, or any portion thereof, for necessary municipal functions, such as extension of runways or erection of other airport facilities. In the event of either of the above contingencies, the LESSOR shall give the LESSEE ninety (90) days notice in writing of its intention to so utilize the tract, or any portion thereof, for the above specified purposes. In the event of either of the above contingencies, the LESSOR shall have the option pursuant to Paragraph 8 of this lease to satisfy their obligation of compensation to LESSEE. 17. The terms of this lease are binding on and the benefits herein inure to the heirs, administrators and executors of LESSEE. iGf EXECUTED ON the dates shown in acknowledgements below. CITY OF PARIS, LESSOR: ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney BY: MICHAEL E. MALONE, City Manager LESSEE: LARRY C. TOWNES STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL E. MALONE, City Manager of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1994. Notary Public, State of Texas STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared LARRY C. TOWNES, known to me to be the person whose name is subscribed Io the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein _ expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1994. Notary Public, State of Texas Printed Name: Commission Expires: 6 1 Oo �I I .. ... ... ... ... ... ... ... 1 I 1 1 ; I 1 I 1 I ; 1 I � I I 1 I I 1 I 1 r--------------------- ^----'� 1 I I 1 I 1 i l -� I� O it LA u, ..0 r.V n.rr LXHIBVL A 1I 1 � I Vickie Horne, 215 33rd S. E., appeared before the Council under Citizens Comments. Ms. Horne said she was appeared in behalf of Wade Thompson who has been working with her for over a year to get something done about smoking because he cares about the life and well -being of other. Ms. Horne said it was the request of Mr. Thompson that his letter be read, and entered into the record at a Council meeting. Mayor Shelton advised Ms. Horne that the Committee appointed to study the Ordinance on Smoking will meet May 16, 1994, at 5:30 P. M. City Manager Malone informed Ms. Horne that he had received Mr. Thompson's letter, and what he asked was that it be read at the next City Council meeting where this issue was to be discussed, and that is not this meeting. Director of Finance, Gene Anderson, come forward giving the Council a statement showing all the current outstanding debt issue for the City of Paris, what the original issue amount was, how much that issue is currently outstanding, and how much of the proceeds of the money that came for that issue is still available. There being no further business, the etinT6d*ourne AM" DON SHELT N, MA C Y FARIS ATTEST: 4T'T' I �CINGHAM, CIT SRRE MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL May 12, 1994 The City Council of the City of Paris met in special session, Thursday, May 12, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric S. Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Mayor Shelton announced that the first item on the agenda was receipt of reports from committees, boards and commissions, and asked for a motion to postpone this item until Mr. Lavorn returns. A motion was made by Councilman Clifford, seconded by Councilman Bell to postpone this item until later in the meeting. The motion carried 7 ayes, 0 nays. Resolution No. 94 -052, appointing Joel McCray to serve as a member of the Planning and Zoning Commission to serve the unexpired term of Eric S. Clifford, which ends June 30, 1994, is by the City Council of the City of Paris, hereby approved and confirmed. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. 170 RESOLUTION NO. 94 -052 WHEREAS, there exists a vacancy on the membership of the Planning and Zoning Commission due to the resignation of Eric S. Clifford, and it is necessary to appoint his successor, and the Mayor of the City of Paris, Don Shelton, having appointed Joel McCray to serve the unexpired term of Eric S. Clifford, which ends June 30, 1994, and has submitted the name of such person to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointment of Joel McCray, as a member of the Planning and Zoning Commission to serve the unexpired term of Eric S. Clifford, which ends June 30, 1994, is, by the City Council of the City of Paris, hereby approved and confirmed. PASSED AND ADOPTED this 12th day of May, 1994. r K t�. . ATTEST: Mattie Cunningham, City Clerk APPROVED AS O FORM: T. K. aynes, G y Attorney Resolution No. 94 -053, resolving by the City Council of the City of Paris, that the Mayor of the City of Paris, Don Shelton, be and he is hereby authorized and directed to execute on behalf of the City of Paris the Official Ballot for the City of Paris, the recommended changes to the National League of Cities Bylaws, was presented. A motion was made by Councilman Bell, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. nPP01NT:P &Z.IAP 0 1'71 RESOLUTION NO. 94 -053 WHEREAS, the National League of Cities Board of Directors have proposed Bylaws Amendments, and The Official Ballot For Member Cities has been furnished to the City of Paris; and, WHEREAS, the recommended changes to the National League of Cities Bylaws attached hereto as Exhibit A deems to be appropriate; and, WHEREAS, it is deemed appropriate that the City of Paris exercise its voting right by casting its ballot, and that the Mayor be authorized to execute the Official Ballot for the City of Paris in the form of Exhibit B attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Official Ballot for the City of Paris in the form attached hereto as Exhibit B by voting YES for Amendments A through E. PASSED AND ADOPTED this 12th day of May, 1994. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney RISWRK: NU'vari, bon Shelton, • 172 RECOMMENDED CHANGES TO THE NLC BYLAWS (Note: new language is underlined and deleted language is in brackets.) Amend Section 1 of Article I to read as follows: Section 1. NAMES, OBJECTS, AND MEANS. The National League of Cities is an instrumentality [membership organization] of general purpose local governments and state municipal leagues dedicated to advancing the public interest, building democracy and community, and improving the quality of life by strengthening the capacity of local governance and advocating the interests of local communities. Amend Sections 1 and 2 of Article III on Officers and Board of Directors to read as follows: Section 1. LEAGUE OFFICERS. The officers of this National League shall be a president, a first vice president, a second vice president, the immediate past president, all past presidents while in elective office in a city, and the Executive Director, [and members of the Board of Directors]. The Executive Director shall be appointed by the Board of Directors and shall hold office at the pleasure of that Board. The Executive Director shall be the secretary and treasurer of the National League. The president, first vice president, and the second vice president elected at the annual meeting shall hold office for one year or until their successors are qualified. [Twenty members of the Board of Directors shall be elected each year to serve for a term of two years or until their successors are elected and qualified.] The term of office of all newly - elected and designated officers shall commence immediately on adjournment of the annual meeting. Section 2. BOARD OF DIRECTORS. There shall be a Board of Directors consisting of 40 members and the National League president, first vice president, and second vice president, plus all National League past presidents in elective office in a city, which shall conduct the affairs of the National League when representatives of the membership are not assembled, including, by a majority vote of the Board of Directors members, determination or modification of national municipal policies on national legislation affecting cities. The Board of Directors may refer to the membership by letter ballot any matter which is not otherwise provided for in these bylaws, the voting thereon to be as provided in Section 5 of Article IV. Twenty members of the Board of Directors shall be elected each year to serve for a term of two years or until their successors are elected and aualified The term of office of all newly elected Board members shall commence immediately on adjournment of the annual business meeting. The president and first vice president shall be chairman and vice chairman respectively of the Board of Directors. EXH«A . Section 5. ELECTIONS. The elective officers and Board of this National League shall be elected in the manner provided for in Article IV; provided that nominations for elected officers and Board members, shall be made by a nominating committee of not less than [seven] six nor more than [eleven] fourteen officers of member leagues, state league cities, and member cities and the most immediate last president, [who] all of whom shall be appointed by the president. The most immediate past president shall serve as chair of the nominating committee. The nominating committee shall make its report in writing at least four hours before the scheduled election. Amend Article 111, Section 7 to read as follows: Section 7. ADVISORY COUNCIL. The Board of Directors shall establish an Advisory Council (consisting of previous members of the Board of Directors [who remain] in municipal elected office), the duties, responsibilities and leadership of which shall be determined by the Board of Directors. Amend Article IV on Meetings, Voting, and National Policies to read as follows: Section 1. MEMBERSHIP MEETINGS. The time, place, and program of the annual or special meetings shall be determined by resolution of the Board of Directors. The president may also call a special meeting. Notices of meetings of members shall be delivered or mailed by first -class mail to the last known address of all members not less than thirty (30) nor more than [ninety (90)] sixty (60) days before such meetings provided that any notices required by this section may be waived before such meetings. Section 2. MEMBER VOTING. Section 3. MEMBER QUORUM. Section 4. MEMBER RESOLUTIONS ON POLICIES. Section 6. BOARD MEETINGS Notices of meetings of the Board of Directors shall be delivered or mailed by first -class mail to the last known address of all members of the Board of Directors not less than five (5) nor more than forty (40) days before such meetings unless otherwise required by law, provided that any notices required by this section may be waived before such meetings A majority of directors present at a meeting shall constitute a guorum provided that a quorum consists of no less than one -third of the directors then in office The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless otherwise required by the articles of incorporation or these bylaws. OFFICL9.L BALLOT FOR MEMBER CITIES On Changes to the Bylaws of the National League of Cities April 12, 1994 Do you favor amending the Bylaws of the National League of Cities as proposed below in Amendments A through E? YES NO A. Definitions Amend Section 1 of Article I to clarify NLC's corporate definition as an El El "instrumentality of government" for tax purposes. B. Officers and Board of Directors Amend Sections 1 and 2 of Article III to clarify the distinction between the NLC ❑ ❑ Officers and the NLC Board of Directors. C. Size of the Nominating Committee Amend Section 5 of Article III to increase the size of the Nominating Committee from ❑ ❑ 11 members (including the chair) to 15 members (including the chair) and to specify that the most immediate past president will serve as chair. D. Advisory Council Amend Section 7 of Article III to permit individuals who leave public office after a having served on the Board of Directors and the Advisory Council to resume service on the Advisory Council upon return to elective office. E. Board and General Membership Meetings and Voting Procedures Amend Article IV, Sections 1, 2, and 3 to clarify procedures for membership meetings a a and add a new Section G to Article IV to establish procedures for meetings of the Hoard of Directors including definition of a quonirn. Signature for member city: Mayor's Signature Mayor's Name City State Number of votes cast Date , 1994 Return in the enclosed envelope to: National League of Cities Attention: Donald J. Borut 1301 Pennsylvania Ave., NW Washington, DC 20004 Your signed ballot must be received by May 23, 1994, if it is to be counted. EXHIBIT 8 its City Manager Malone called for discussion of the City 'of Paris 1994 Water and Wastewater Rate Study with Mr. Jay Joyce of Reed -Stowe and Company, Utility Rate Consultants. Mr. Joyce advised that they had originally made a presentation back in February, and for the benefit of the the new Councilmembers he handed out what was presented back in February. Basically what it shows is last years as to how the rates performed, cost increases for the upcoming year, the fact that many of these cost increases are beyond the City's control, along with discussion of the numbers in the report. Mr. Joyce pointed out that the total increase is $1,271,000.00, that translates into an, increase for the City of $3,484.00 a day, so every day of delay in implementing the new rate is costing the City about $3,500.00. Mr. Joyce said since that time, they had met with Kimberly Clark, and Campbell Soup, and they had designed a alternative low income rate design scenario which will hold the minimum bill at current level so customers that use less than the 200 cubic feet per month, which is 176 included in the minimum bill would receive~ no increase at all, it shifts that reduction of revenue to the volume rate so the revenue turn out to be the same for the City. Mr. Joyce passed out a copy of a letter received from Campbell Soup concluding that the rate study follows generally accepted principles of identifying revenue requirements and applying cost of service allocation methodologies which was determined by Dr. Osman Aly. Mr. Joyce advised that as you go along, the City should educate the customers about the increase when they ask, because a lot of these cost are beyond your control. There are very many unfunded mandates that are coming down. Texas Water Commission estimated that cities in Texas would incur capital cost of 1.8 billion dollars to meet the limited quality standard, which is a low standard, and 3 112 billion dollars to meet the highest quality standard. Mr. Joyce said that according to the City's Finance Director the reserves are being depleted to just pay normal operations. That is how it manages to run. As you move forward your current bond covenants will be in jeopardy which could be a very dangerous situation. City Attorney Haynes explained that if the conditions that Mr. Joyce,is speaking about, if it continues without any infusion from a rate increase at the end of this year when judgement day comes, we will be in violation of our bond convenient which will affect our bond rating. Mr. Joyce said the summary of the recommendation by his firm on the water side is that all customers including the optional charge customer pay cost base rates. Currently there is in place a subsidy rate for some customers which allows them to have a lower rate, we recommend that that be eliminated. We recommend that maintaining the current uniform rate structures which means that all volume billed at the same rate per 100 cubic feet which has been determined by the Water Commission in the Texas Water Conservation Association, and Texas Water Development Board to promote conservation vs a rate that is cheaper. The study incorporates all contact pricing provisions of Lamar County Water Supply, Merico, Campbell Soup, and Tenaska. On the Sewer, Mr. Joyce said they are recommending modifying the basis for residential billing from the winter water average to 8% of the monthly water usage. The reason for this is less subject manipulation as far as the winter customer establishing a low minimum water usage. Mr. Joyce said this is a common methodology in rate making industry, and most important for the City, it provides greater revenue stability. The recommendation for commercial is modification the basis from 70% of the water usage to 100 %, and what they have seen from the water consumption data shows there is minimum seasonal variation in that customer class which indicates that there is not much outdoor watering. In the report, utility fund there is about a 16 112% increase, and there is a schedule in the report that shows it at various consumption levels what the increase is, and what they are proposing is to leave the minimum bill in place, which would increase the increases for some of the higher usage levels. The average residential customer uses between 600 and 800 CF a month, so that would translate in to about a 11 or 12% 4 I. increase in water, about a 25% increase in sewer which translates also in to about $4.00 a month increase. The Council went into a workshop session to discuss water and wastewater system improvements, federal and state mandates, and water and sewer rates. A motion was made by Councilman Clifford, seconded by Councilwoman McDonald to go back to Agenda Item No. 1, receipt of reports from committees, boards and Commission. City Manager Malone reported that the Visitors & Convention Council Committee met at 5:30 P.M., for consideration of and action on approving the proposed budget for the Paris Visitors and Convention Council for fiscal year beginning October 1, 1994. City Manager said action was table on approval of the budget pending additional information needed on salaries, insurance, and retirement. Mayor Shelton introduced Dr. John Lavorn and Dr. Brenda Schull, of the Pace Croup, who gave a report on the Economic Development Corporation. Dr. Lavorn said he would be happy to answer any question that the Council might have. Dr. Lavorn said his firm was hired by the Paris Economic Development Corporation to do three things, one was to design a business retention survey which they have completed and approved tonight, and passed out copies of the survey. Number two was to come up with guidelines and cost benefit ratios on a flexible incentive plan, and as you know, the business of economic development today is very competitive, and a lot of communities in Texas are doing a lot of thing to attract companies. The third part of their assignment will not happen until this summer, and they will need all the Councilmembers to be there, they are going to have one -half of a day of strategic planning, what the call a vision workshop, setting goals, objectives, strategic directions, action steps, and time lines as to where you want to take your city for the next five years. Dr. Brenda Schull came forward telling the Council that if a business retention study is done it repeats to the community and top 20 largest employers are the persons that we contracted of their worth, and of the partnership that is going on between Paris and the community. Dr. Schull said her report is to tell you that it is a mutual admiration society. We found that Paris had a very strong industrial base, the growth among the industry reacts very favorable and feels very favorable toward the business climate. Dr. Schull said 24.8% of the work force in Paris is employed in the manufacturing sector, that is very strong compared to 13% in Texas and 17% Nationally. What that means in economic development standpoint is, when you go in for economic development you work ground up, first you look at mining industry, agricultural industry, manufacturing, service, then you tourism, and the base that you have is stronger than Texas or the National percentage. Of the 20 largest employer survey, four has just completed an expansion, or were in the process of expanding; therefore, new construction and this process totals 198,000 square feet, and an additional four expansion in the next two years are expected to result in construction of 84,000 square feet, and the good news 250 to 300 new jobs. Dr. Schull said the top 20 employers in the community were very positive about quality of life in Paris, business climate feeling that the industry oriented community, that there is a very strong community attitude toward the expansion, that there is a very strong responsiveness of the local leaders toward their development, that there is a prospering of local businesses, most have mention expanding jobs and /or local leadership meeting the needs for expansion. The work force is one to be proud of, there is an exceptional work ethic, and very low turnover. City Manager Malone called for consideration of and action on adoption of the City of Paris 1994 Water and Wastewater Rate Study prepared by Reed -Stowe and Company, Utility Rate Consultants, and advised that this item had been tabled at the February 14, 1994, meeting, and a motion was needed to bring it from the table. A motion was made by Councilman Clifford, seconded by Councilman Fulbright to bring the above item from the table. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Clifford, seconded by Councilman Jenkins for adoption of the City of Paris 1994 Water and Wastewater Rate Study. The motion carried 6 ayes, 1 nays, Councilman Brown voting no. City Manager Malone announced that the next item on the agenda is consideration of and action on authorizing the preparation of an ordinance establishing water and sewer rates in accordance with the City of Paris 1994 Water and Wastewater Rate Study prepared by Reed -Stowe and Company, Utility Rate Consultants, and this item was also tabled at the February 14, 1994 meeting, and a motion to bring from the table was in order. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford to bring the above item from the table. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Clifford, seconded by Councilman Fulbright authorizing preparation of an ordinance establishing water and sewer rates in accordance with the Water and Wastewater Rate Study subject to the adjustment of a temporary adjustment of the rate for Kimberly Clark in order to create a customer class for them until the data is needed to legitimately established them as a cost of service customer, and to adjust the residential rate so that the 200 CF and below has no increase, and amend the rate study to have a $5,500,000.00 Bond Issue. The motion carried 6 ayes, 1 nay, Councilman Brown voting no. City Attorney Haynes pointed out that Agenda Item No. 5 should be reconsidered and put the above amendments in to the Rate Study. A motion was made by Councilman Clifford to reconsider Agenda Item No. 5. The motion was seconded by Councilman Jenkins, and carried 6 ayes, 1 nay, Councilman Brown voting no. A motion was made by Councilman Clifford, seconded by Councilwoman McDonald to amend the motion for Agenda Item No. 5 to include the amendments to the Rate Study as state in the motion for Agenda Item No. 6. The motion carried 6 ayes, 1 nay Councilman Brown voting no. There being no further business, the meeting adjourned. 4SHELTON, MAY CITY OF PARIS ATTEST: ATTIE CUNNINGHAM, CITY CLE K ISO MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL May 23, 1994 The City Council of the City of Paris met in special session, Monday, May 23, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric S. Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone called for receipt of reports from committees, boards and commissions, and advised that minutes for the Visitors & Convention Council Committee had been furnished with no action being required. Resolution No. 94 -054, resolving that the Police Athletic League Grant No. DB- 94 -BO4 -07432 in the amount of $24,778.00 be, and the same is hereby accepted, and further resolving that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute on behalf of the City of Paris the Grant Acceptance Notice, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -054 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -042 authorize an application to be made to the Office of the Governor of the State of Texas, through its Criminal Justice Division, grant number D13-94 -1304- 07432, for the purpose of funding a full time police officer as a coordinator for the Police Athletic League; and, WHEREAS, the Office of the Governor of the State of Texas has issued its Grant Award, entitled "Police Athletic League ", for the year beginning November 1, 1994, ending October 31, 1995, in the total amount of $10,621.00, requiring matching contribution of $24,778.00; and, WHEREAS, acceptance of the same must occur within thirty (30) days of the date of said award which occurred on May 9, 1994; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of Paris accept said Grant Award and continue to improve the juvenile crime prevention program aimed at reducing juvenile crime, illegal drug use and criminal gang activity in the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Police Athletic League Grant No. D13-94 -1304 -07432 be, and the same is hereby, accepted. BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and lie is hereby, authorized and directed to execute on behalf of the City of Paris the Grant Acceptance Notice in the form of Exhibit A attached hereto. PASSED AND ADOPTED this 23rd day of May, 1994. ATTI,ST: Mattie Cunningham, City Clerk APPROVED AS F RM: T. K. Haynes, City Attorney 181 182 ANN Wr RiCHARDS Governor State of Texas !y Is 4"; �. GRANTEE ACCEPTANCE NOTICE AGREEMENT: That whereas City of Paris hereinafter referred to as Grantee, has heretofore submitted a grant application to the Governor's Office, State of Texas, entitled Police Athletic League and further identified by grant number DB- 94 -BO4 -07432 ; and Whereas, the Governor of the State of Texas has approved the grant application as evidenced by the Statement of Grant Award from the Governor's Office dated ivIAY () o t994 which contained certain special requirements; and Whereas, the Grantee desires to accept the grant award, the Uniform Grant and Contract Management Standards, and special requirements as evidenced by the Statement of Grant Award; Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniform Grant and Contract Management Standards and special requirements in the grant application and the Statement of Grant Award as evidenced by the agreement, executed by the project director, the financial officer, and the official authorized to sign the original grant application, or the official's successor, as presiding officer of and on behalf of the governing body of this grantee; and Now, therefore, the Grantee shall designate either the project director or the financial officer to coordinate and be solely responsible for submission of adjustments pertaining to both program and financial elements of the application, and the POSITION authorized to submit adjustments is W. E. Anderson NON - LOBBYING CERTIFICATION: We, the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or the passage or defeat of any legislative measure. A finding that a grantee has violated this certification shall result in the immediate termination of funding of the project and the grantee shall not be eligible for future funding from the Governor's Office, Criminal Justice Division. Certified By: Signature of Project Director Karl Louis, Chief of Police Name & Title(must print or type) 1) 0. Box 9037 Official Agency Address street or post office box) P 785-7511 City /Zip Code Telephone Number Date: May 23, 1994 Signature of Financial Officer W. E. Anderson, Director of Name & Title(must print or type) Finance U111CIal Agency Address (street or post of ice box) City /ZIp Code Telep one Nurn er Signature of Authorized Official Michael E. Malone, City Manager Name & Title(must print or type) P. 0. Box 9037 Official Agency Address(street or post of ice box) Paris 75460 (903) 785-7511 City /Zip Code /Telephone Number EXHIBIT Q Resolution No. 94 -055, accepting the Grant Offer for TxDOT Project Number 94 -43 -103 for installation of lighted guidance signs on Runway 17/35, Cox Field Airport in the amount of matching contribution of $7,505.00, and authorizing and Od erecting requiring the City Manager of the City of Paris, Michael E. Malone to execute on behalf of the City of Paris the Grant Agreement between the Texas Department of Transportation and the City of Paris, and resolving that the $7,505.00 matching funds is authorized to be funded by Certificates of Obligation, Series 1993, was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -055 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -011 authorize an application to be made to the Texas Department of Transportation for the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport, grant; and, WHEREAS, the Texas Department of Transportation has issued its Grant Offer TxDOT Project Number 94 -43 -103 at the Paris Cox Field Airport in the total amount of $67,545.00 requiring matching contribution of $7,505.00, to be funded by Certificates of Obligation, Series 1993; and, WHEREAS, acceptance of the same must occur within thirty (30) clays of the date of receipt of said offer which occurred on May 16, 1994; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of Paris accept said Grant offer and continue to improve Cox Field Airport with the installation of lighted guidance signs on Runway 17/35 in the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF PARIS, that the Grant Offer for TxDOT Project Number 94 -43 -103 for the installation of lighted guidance signs on Runway 17/35, Cox Field Airport in the amount of $67,545.00, requiring matching contribution of $7,505.00, be, and the same is hereby, accepted; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute on behalf of the City of' Paris the Grant Agreement between the Texas Department of Transportation and the City of Paris, in the form of Exhibit A attached hereto. BE IT FURTHER RESOLVED, that the $7,505.00 matching funds is authorized to be funded by Certificates of Obligation, Series 1993. PASSED AND ADOPTED this 23rd day of May, 1994. Don Shelton, Mayor ATTEST: Mattie Cuiulingham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney J S TEXAS DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT (State Assisted Airport Development) TxDOT Project No.: 94 -43 -103 Part I - Identification of the Project TO: The City of Paris, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Agreement is made and entered into by and between the TEXAS DEPARTMENT OF TRANSPORTATION , (hereinafter referred to as the "Department "), for and on behalf of the State of Texas, and the SPONSOR, (hereinafter referred to as the "Sponsor "). WITNESSETH: WHEREAS, the Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the AIRPORT under Texas Aeronautics Act, Tex. Rev. Civ. Stat. Ann. art. 46c -1 et seq., and the Municipal Airports Act, Tex. Rev. Civ. Stat. Ann. art. 46d -1 et seq.; and WHEREAS, the project is described as follows: installation of lighted guidance signs for the runway and taxiway intersections at the Paris -Cox Field Airport; and WHEREAS, the Sponsor applies for state financial assistance for the project described above; and WHEREAS, the parties, by this Agreement, do hereby fix their respective responsibilities with reference to each other and with reference to the accomplishment of said project. NOW, THEREFORE, for and in consideration of the benefits which will accrue to the parties by virtue of the completion of the project, IT IS MUTUALLY COVENANTED AND AGREED as follows: Page I of 9 EXHIBIT Part II - Offer of Financial Assistance 185 I. It is estimated that approximately $75,050.00 (Amount A) of the project costs will be eligible for state financial assistance, and that state financial assistance will be for ninety percent (90 %) of the eligible project costs. The Department shall determine fair and eligible project costs for state financial assistance, and will not participate in costs considered unreasonable. It is estimated that the Sponsor's share of the eligible project costs will be approximately $7,505.00 (Amount B) and the Department's share of eligible project costs will be approximately $67,545.00 (Amount C). 2. Should eligible project costs exceed the amount shown above (Amount A), the Department may participate in the additional eligible costs to the extent of the aforesaid appropriate percentages and subject to the availability of state funds. Participation in additional costs may require approval by the Texas Transportation Commission. 3. Should estimated eligible project costs as determined following the receipt of bids for the project, exceed the amount shown above (Amount A), the Sponsor may request the Department to void this Agreement, whereupon the Department shall agree to void this Agreement upon the satisfaction of the following conditions: a. the Sponsor's request to the Department to void the Agreement shall be in writing and dated; and b. if required by the Department, the Sponsor shall reimburse the Department for State funds expended on this project and Sponsor shall assume the responsibility for any future State expenses for contracted services or materials related to the project for which a contract had been executed prior to the Sponsor's request to void the Agreement. 4. Failure on the part of the Sponsor to comply with the conditions of Paragraph II -3 shall constitute a breach of this Agreement. 5. Upon satisfaction of the conditions specified in Paragraph II -3, the Department shall declare this Agreement null and void, and this Agreement shall have no force and effect. 6. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the Department. It is further agreed that the Sponsor will reimburse the Department for any payment or payments made hereunder by the Department which are in excess of the Department's percentage of financial participation as stated in Paragraph II -1. 7. Sponsor, by executing this Agreement certifies and, upon request, shall furnish proof to the Department that it has sufficient funds to meet its share of the costs. The Sponsor hereby grants to the Department the right to audit any books and records of the Sponsor to verify the funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance and operate the project. Page 2 of 9 186 8. Monthly grant agreement payments to the Sponsor may be authorized upon application to the Department. Payments of the Departments share of the allowable project costs will be made in proportion to the amount of the project satisfactorily completed at the time of the payment application. No more than ninety (90) percent of the total grant agreement will be paid prior to the completion of the project. The last ten (10) percent of the grant agreement will be paid only after the staff has inspected and approved the completed project. 9. In accepting the Grant, the Sponsor guarantees that: a. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas in connection with the Grant; and b. the Airport or navigational facility which is the subject of this Agreement shall be controlled for a period of at least 20 years, and improvements made or acquired under this project shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of the improvements, not to exceed 20 years; and C. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate public access during the period of this Agreement; and d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and it shall not enter into any Agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through- the -fence operation," unless an exception is granted in writing by the Department due to extreme circumstances; and f. it will acquire all land identified as needed for the purposes of this project and comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas in the acquisition of such land; and that airport land identified within the scope of this project and Attorney's Certificate of Land Title shall be pledged to airport use and shall not be removed from such use without prior written approval of the Department; and Page 3 of 9 r ,r g. if requested by the Department, the Sponsor shall submit to the Department annual statements of airport revenues and expenses; and the Sponsor agrees to allow the Department the right to audit and review any books, statements and records of the Sponsor pertaining to this project; and h. all fees collected for the use of an airport constructed, in whole or part, with funds provided under the program shall be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility. Sponsor shall not be required to pledge income received from the mineral estate to airport use unless state funds were used to acquire the mineral estate.of airport lands or any interest therein; and i. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the Department. All fees, charges, rents, and money from any source derived from airport operations must be deposited in this Airport Fund and shall not be diverted to the general revenue fund or any other special revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible for a subsequent grant or loan by the Department unless, prior to subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and j. all airport- related development constructed with state funds shall be consistent with the Airport Layout Plan approved by the Department and maintained by the Sponsor. A reproducible copy of such plan, and all subsequent modifications thereto, shall be filed with the Department for approval; and k. where airport lighting is part of a project, Sponsor shall daily operate such lighting from sunset to sunrise, either manually or by radio control following completion of the project; and 1. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Local Gov't. Code Ann. §§ 241.001 et seq.. Sponsor shall also acquire and retain avigation easements or other interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the Department unless Sponsor has, prior to subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the Department; and Page 4 of 9 188 M. it will provide upon request to the Department copies of any maps, plans, or reports of the project site, applicable to or affecting the above project; and n. after reasonable notice, it will permit the Department access to the project site, and will obtain permission for the Department to enter private property for purposes related to this project; and 10. The Sponsor hereby certifies to the Department that it will have acquired clear title in fee simple to all real estate upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years prior to the Sponsor's first request for reimbursement, and a sufficient interest (easement or otherwise) in any other real estate which may be part of the project. 11. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement shall be evidenced by execution of this instrument by the Sponsor, and said Agreement shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. Such Agreement shall become effective upon execution of this instrument and shall remain in full force and effect for a period of 20 years. 12. The Sponsor shall have on file with the Department a current and approved Attorney's Certificate of Land Title. 13. Responsibility of the Department shall include, but not be limited to: a. certification of the consultant selection procedures; and b. certification of the construction contractor selection procedures; and approval of costs for construction prior to contract being executed; and C. receipt, review, approval and processing of Sponsor's reimbursement requests for approved services and materials supplied in accordance with approved contracts; and d. review of project plans, specifications and construction; coordinate and conduct progress and final inspections; and e. review and approval of record drawings. 14. This Agreement is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Furthermore, the Department shall not be a party to any other contract or commitment which the Sponsor may enter into or assume, or have entered into or have assumed, in regard to the above project. Page 5 of 9 r 15. This Agreement is subject to the applicable provisions of the Texas Aeronautics Act, Tex. Rev. Civ. Stat. Ann., art. 46c -1 et seq., the Municipal Airports Act, Tex. Rev. Civ. Stat. Ann. art. 46d -1, et seq., and the Airport Zoning Act, Tex. Local Gov't. Code Ann. §§ 241.001 et seq.. Failure to comply with the terms of this Agreement or with the rules and statutes shall be considered a breach of this contract and will allow the Department to pursue the remedies for breach as stated below. a. Of primary importance to the Department is compliance with the terms and conditions of this Agreement. If, however, after all reasonable attempts to require compliance have failed, the Department finds that Sponsor is unwilling and /or unable to comply with any of the terms and conditions of this Agreement, the Department, may pursue any of the following remedies: (1) require a refund of any state money expended pursuant to the Agreement, (2) deny Sponsor's future requests for state aid, (3) request the Attorney General to bring suit seeking reimbursement of any state money expended on the project pursuant to the Agreement, provided however, these remedies shall not limit the Department's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Agreement null and void, and (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties in Travis County, Texas. 16. The Department reserves the right to amend or withdraw this Agreement at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended in writing by the Department. 17. This Agreement constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 18. All commitments by the Sponsor and the Department hereunder are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the Department (including §§ 5 and 7 of article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. 19. This contract is subject to the approval as to form by the Attorney General of the State of Texas. 20. Special Conditions: Construction for the project must be complete before January 1, 1995 to satisfy Federal Aviation Administration Part 139 requirements. Page 6 of 9 STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: David S. Fulton, Director Aviation Division Texas Department of Transportation Date: Part III - Acceptance The City of Paris, Paris, Texas does hereby ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Agreement, and does accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Agreement. Executed this 23rd day of May , 19 94 Witness: Signature Mattie Cunningham, City Clerk Title CITY OF PARIS, PARIS, TEXAS Sponsor Signature Michael E. Malone, City Manager Title Page 7 of 9 Part IV - Certificate of Attorney I, T. K. Ha nes , acting as attorney for Cit of Paris Paris Texas, o certi y t at I have fully examined the oregoing greement an the proceedings taken by Sponsor relating to the Agreement, and find that the manner of acceptance and execution, of the Agreement by Sponsor, is in accordance with the laws of the State of Texas. Dated at Paris Texas, this 23rd day of May 19 94 Witness: Signature Mattie Cunningham, City Clerk Title Attorney Signature T K. Haynes, City Attorney Title Page 8 of 9 191 92 Part V - Attorney General's Approval This contract is approved as to form. Attorney General of Texas By: Assistant Attorney Genera Date: Resolution No. 94 -056, accepting the agreement for Electric Service for Pat Mayse Pumping Station conditioned upon said TU Electric Company meeting all of the terms and conditions including in the agreement, and authorizing and directing the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute on behalf of the City of Paris the Agreement for Electric Service with TU Electric Company, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -056 WHEREAS, with the installation of the new Raw Water Transmission Line and pumps and motors servicing the same from the Pat Mayse Pumping Station to the Water Treatment Plant, being Project No. 92- WSRB- 02 -92, it is anticipated there will be an increased peak of electric use; and, WHEREAS, TU Electric Company requires an agreement for all customers over 500 kw of demand and it is necessary for the City of Paris and TU Electric to enter into an Agreement for Electric Services; and, WHEREAS, TU Electric Company's form of agreement for such electric service for Pat Mayse Pumping Station is attached hereto as Exhibit A and should be accepted, and City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Agreement for Electric Service for Pat Mayse Pumping Station is hereby accepted conditioned upon said TU Electric Company meeting all of the terms and conditions included in the agreement attached hereto as Exhibit A. BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and lie is hereby; authorized and directed to execute on behalf of the City of Paris the Agreement for Electric Service with TU Electric Company for the Pat Mayse Pumping Station in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 23rd day of May, 1994. i Don She lton, ayor ATTEST: Mattie Cunningham, City erk APPROVED A$ TO FORM: K. Haynes, City Attorney 193 lR� TSN 320259 REV. 8192 _ TEXAS UTILITIES ELECTRIC COMPANY AGREEMENT FOR ELECTRIC SERVICE 194 Agreement Number 33095 Account Number 327 47 riegion r District Dallas /Pari Citv of Paris , CL1SrOMER NAME (f not an individual, specify whether corporation (name state), partnership, municipal, other) het-s4 ilafter called "Customer;' and Texas Utilities Electric Company, a Texas Corporation, hereinafter called "Company ", in consideration of the mutual convenants and agreements herein contained, and of the mutual benefits to be derived herefrom, hereby convenant and agree as follows: 1. Company agrees to provide and Customer agrees to take and pay for all electric power and energy required by Customer for the operation of Customer's business or activity at the premises owned or occupied by Customer at: Service Address (Location) Mailing Address (f different from Service Address) Pat Mayse Pumping Station I P 0 Box 1037 Paris, TX 75460 Electric Power and energy provided under this agreement will be furnished by Company to Customer under and pursuant to such Rate Schedule and Service Regulations of Company as may from time to time be fixed and approved, in Company's Tariff for Electric Service, by regulatory authorities as may have jurisdiction at the above referenced premises. SAID RATE SCHEDULE AND SERVICE REGULATIONS ARE PART OF THIS AGREEMENT TO THE SAME EXTENT AS IF FULLY SET OUT HEREIN AND ARE ON FILE AND AVAILABLE AT COMPANY'S OFFICES. 2. Company shall provide electric power up to a demand of 850 kw. The electric service to be delivered4 hereunder will be of the character commonly described as 480 volt, 3 phase, at 60 hertz, wit reasonable variation to be allowed. The electric power and energy to be delivered by Company to Customer shall be provir ed in accordance with terms and conditions of Rate Schedule MP- Municipal Pumping , which may from time to time be amended or succeeded. The term of this agreement shall be for One Year from June 25 , 1994 , or from date of initial service hereunder, whichever shall be earlier. This agreement shall be continued thereafter, unless indicated otherwise in the applicable rate schedule /rider, until terminated by either party hereto by written notice served not less than 30 days before the desired termination date. 3. Customer agrees to grantor secure for Company, at Customer's expense, any rights -of -way on property owned or controlled by Customer and to provide suitable space on said premises for installation of facilities where such rights-of-way and space are necessary to provide a :eC.ric service to Customer. 4. This agreement supersedes all previous agreements, written or verbal, between Company and Customer for the service described herein and shall inure to the benefit of and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto, but no assignment by Customer shall be binding upon Company until accepted in writing by Company. This agreement is subject to all laws and governmental regulations and to the provisions of Company's fran- chises now in effect or which may hereafter become effective. ACCEPTED BY COMPANY: ACCEPTED BY CUSTOMER: CITY OF PARIS, PARIS, TEXAS Signature Michael E. Malone, City Manager Title rttte May 23, 1994 Oete Signed Date signed EXHIBIT A Resolution No. 94 -057, appointing John Mark Davis as a member of the Planning and Zoning Commission to serve the unexpired term of Aaron Jenkins, which ends December 31, 1994, was presented. A motion was made by Councilman Bell, seconded by Councilman Brown for approval of the resolution. The motion carried 7 ayes, 0 nays. 195 RESOLUTION NO. 94 -057 WHEREAS, there exists a vacancy on the membership of the Planning and Zoning Commission due to the resignation of Aaron Jenkins, and it is necessary to appoint his successor, and the Mayor of the City of Paris, Don Shelton, having appointed John Mark Davis to serve the unexpired term of Aaron Jenkins, which ends December 31, 1994, and has submitted the name of such person to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF PARIS, that the appointment of John Mark Davis as a member of the Planning and Zoning Commission to serve the unexpired term of Aaron Jenkins, which ends December 31, 1994, is, by the City Council of the City of Paris, hereby approved and confirmed. PASSED AND ADOPTED this 23rd day of May, 1994. Don Shelton, M yor ATTEST: Mattie Cunningham, City Clerk APPROVEVAS TO FORM: T. K.� Haynes, City Attorney 156 ORDINANCE NO. 94 -025 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SUBSECTIONS (b) AND (c) OF SECTION 34 -22 OF SAID CODE TO ESTABLISH WATER RATES FOR RESIDENTIAL COMMERCIAL AND INDUSTRIAL CUSTOMERS WHICH IS BASED UPON THE COST OF SERVICE EACH CLASS; BY REVISING SUBSECTIONS (A, (b), AND (c) OF SECTION 34 -23 ESTABLISHING A SEWER SERVICE RATE FOR CITY WATER CUSTOMERS AND ESTABLISHING THE COST TO USERS DISCHARGING OVERSTRENGTH SEWER; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JUNE 1, 1994 City Manager Malone passed out a copy of a fax from Reed and Stowe revising the rate study with the following amendments: 1. Life -line rates for low -usage residential customers which holds the minimum bill at its current level. 2. Increase in debt service to fund a $5.5 million debt issuance. 3. A temporary water rate for Kimberly -Clark Corporation of $1.321100 cubic feet which will be revised when actual flow data is available. Any deviation for the $1.32/100 rate versus the final rate will be either credited or back - billed to Kimberly- Clark. (a) Charges for water furnished by the City under contract shall be as stated in the contract. (b) Charges for water furnished by the City are established as follows based upon customer class and meter size and incorporates a base monthly cost which includes the cost for the first increment of water and a cost per one hundred (100) cubic feet used above the first increment. City Manager Malone told the Council that he had furnished to Reed and Stowe a re- calculation of the electrical usage based on what we believe to be the final order of the PUC on electric rate, which probably represents a 10% reduction from the 30% increase, so we are figuring in the 19 to 20% increase based upon actual calculations of a typical years usage, which will be a reduction of $73,000.00 to $74,000.00. At the same time, the new debt service the interest rate has climbed, so our debt service is going to be higher, which will probably more than off set the reduction 'n the electric rate. City Manager Malone said that we had planed to implement this rate in the winter time during the low usage, and not in the summer when people are using more water. City Manager Malone said he asked the consultant if we could put this rate into effect in a two step process establishing interim rate which would began July 1, 1994, and a final rate increase on December 1, 1994, and we plan to delay our interest payment on the five million that would be due in December until June 1995, it will not decrease the amount we will have to pay, but it enables us to implement this rate in a two step process. 19% A motion was made by Councilman Clifford, seconded by Councilman Fulbright for adoption of the ordinance. The motion carried 6 ayes, 1 nay, Councilman Brown voting nay. City Manager Malone called for consideration of and action on authorizing the advertisement for bids for the purchase of an emergency service radio and telephone recording system to be funded by the Certificates of Obligation, Series 1993. City Manager Malone explained that this item, we are asking the Council by motion to authorize advertisement for bids. This equipment presently 'in effect which is used to record incoming phone lines and radio transmission for the purpose of liability protection and to establish what the facts are in a complaint situation, or in a disciplinary situation. This equipment is approximately 20 years old and outdated we have more radio and telephone lines that needs to be recorded, and is not cost effective to add on to the old system. The estimated cost is within $25,000.00, and the expended amount will be from the Certificate Fund. After discussion, a motion was made by Councilman Fulbright, seconded by Councilman Clifford authorizing the advertisement for bids for the purchase of an emergency services radio and telephone recording system for the Police Department, and to be funded by the Certificate of Obligation, Series 1993. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on authorizing the purchase of emergency services voice dictation equipment through the Texas Government Services contract to be funded by the Certificates of Obligation. Series 1993. City Manager Malone explained that because the State has already taken bids on this particular equipment, the City need not take bids on this item. Through the use of this dictation equipment, we expect to more efficiently utilize police officers in the field and improve the quality of written reports. The cost is $12,386.00 nor the equipment. A motion was made by Councilman Bell, seconded by Councilman Brown authorizing purchase of emergency service voice dictation equipment for the Police Department, and to be funded by the Certificates of Obligation, Series 1993. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on authorizing the replacement of mercury vapor streetlights with sodium vapor streetlights to be funded by the Certificates of Obligation, Series 1993. City Manager Malone advised that last week he had a TU Staff Member in to talk about electric rates throughout the City, and we have research this in the past, and talked about the advisability of using high pressure sodium vapor vs mercury vapor. City Manager Malone said he asked Tommy Haynes to research this subject and his findings were incorporated in a memo showing a total saving of $139,284.00, and it was his suggestion to convert the 360 lights first at a cost of $26,280.00. The savings would be $14,385.60 annually or a payback in 1.83 years. After further discussion, a motion was made by Fulbright, seconded by Councilman Jenkins authorizing the replacement of mercury vapor streetlights with sodium vapor streetlights to be funded by the Certificates of Obligation, Series 1993. The motion carried 7 ayes, 0 nays. There being no further business, the meet' adjourned at 5 P. M. DON SHELTO , MAY R, CITY OF PARIS ATTEST: �TTIE UN NINGHAM, CITY E 153 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL June 9, 1994 The City Council of the City of Paris met in regular session, Thursday, June 9, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following members present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Joe McCollum Director of Community Development, presented the minutes of the Planning and Zoning Commission's meeting held on June 6, 1994, and attached hereto as a part of these minutes as Exhibit A. Mayor Shelton declared the public hearing open to consider the petition of Donnie L. Hussey for a change in zoning from a General Retail District (GR) to a Commercial District (C) on part of Lots 8 and 9, City Block 249 located at 2524 Lamar Avenue. Mayor Shelton called for proponents to appear, and Bert Hussey, 3231 Hubbard, appeared in behalf of his and his wife's petition. Mr. Hussey said he was present to request a zoning change at 2524 Lamar Avenue from General Retail to Commercial District. Mr. Hussey said his plan was to construct a 50' x 60' building on this property on the south side of Lamar Avenue west of the Regency Apartments, which is presently zoned General retail, for the purpose of operating a specialized automotive repair facility. Mr. Hussey said he was trying to build this place for the future, not only their future, but the future of the industry. Mr. Hussey said he had been in the auto repair business for twelve years, and intented to stay there. Mr. Hussey emphasized they would like to set an example in Paris, that theirs is a very specialized business and would be concentrating on smog and computer control. Mayor Shelton called for opponents to appear, and Rhoda Hicks, Manager of the Regency Apartment, appeared before the Council speaking for the owners of the apartments, and presented a petition opposing the zoning change for the purpose of an auto repair shop. She said that many of her tenants were shift workers and noise and traffic from the business would be disturbing to someone trying to sleep during the day. Ms. Hicks said she believed that the City requires a green area when building of other properties along with requiring a 6 foot privacy fence, pointing out Arby's, and Darrell Coats. Ms. Hicks said she called Mrs. Bowerman, and was told that her brother was selling the lot to Mr. Hussey and her son owns the property on the west side, and they were not going to oppose the zoning. Ms. Hicks stated that Mr. Hussey had told the Planning and Zoning Committee that he was going to save the old oak tree, and chat she had measured the tree from the fence line and it is 47 feet. Ms. Hicks said her ground maintenance man said to save the tree, you would have to leave 25 feet area around the tree in order to save it, and not concrete around it because the tree would die as they did at the Three Oaks Shopping Center. Ms. Hicks said they wanted a green area plus a privacy fence if the zoning change is 199 approved, and also presented further asked that the zoning be restrictive. Ms. Hicks pictures of the area. -- Mr. Hussey pointed out that Mrs. Bowerman does not own the property next to him, Louis Bowerman Jr. owns the lot next to me. Mr. Hussey said their was body shop and gasoline directly across the street from his property. Mr. Hussey said he plans to set his building back 200 feet and use a green area and save the oak tree with a 30 foot drive that lines up on the west side of the property, but he did have an objection to the fence. No one else appeared, and the public hearing was declared closed. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a General Retail District to a Commercial District on part of Lots 8 and 9, City Block 249. A motion was made by Councilman Clifford, seconded by Councilman Fulbright to deny the zoning change of Lots 8 and 9, City Block 249. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the replat of Lots 1, 2, 3, & 4, Block 1, Lamar Terrace Addition. A motion was made by Councilman Brown, seconded by Councilman Bell for approval of the replat of Lots 1, 2, 3, & 4, Block 1, Lamar Terrace Addition, subject to the requirements of 'the City Engineer. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of replat of Lots 1, 2, & 3, Block 12, Belmont Addition. A motion was made by Councilman Clifford, seconded by Councilman Brown for approval of the Replat of Lots 1, 2, & 3, Block 12, Belmont Addition subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. City Manager announced that the next item on the agenda was consideration of and action on approval of the preliminary plat of Primrose II. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the preliminary plat of Primrose II, subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. Resolution No. 94 -058, amending Resolution NO. 94 -021 making application for the Texas Narcotics Control Program Regional Controlled Substance Apprehension Program Grant, was presented. A motion was made by Councilwoman Ingram, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. 200 RESOLUTION NO. 94 -058 WHEREAS, the City Council of the City of Paris did heretofore on the 10th day of March, 1994, pass Resolution No. 94 -021, which said Resolution was incorrect and requires correction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Resolution No. 94 -021, be, and the same is hereby amended to read as follows: "WHEREAS, under the provisions of the Anti -Drug Abuse Act of 1988 (Public Law 100 -690), Texas will receive federal funds to provide funding for the Texas Narcotics Control Program (TNCP), Regional Controlled Substance Apprehension Program, and the Criminal Justice Division, Office of the Governor has been designated to administer the program in the form of grants to units of government; and, WHEREAS, the City Council of the City of Paris deems it to be in the best interest of the citizens of Paris to seek such assistance which will focus on drug law enforcement; and, WHEREAS, if such application for grant assistance is approved, the project is to be funded by 67 % federal funds totaling $236,270.00, and 33 % local matching funds totaling $117,172.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Narcotics Control Program, Office of the Governor, Criminal Justice Division for A Texas Narcotics Control Program, Regional Controlled Substance Apprehension Program, 1994 Grant, and if such application for grant assistance is approved, the project is to be funded by 67 % federal funds totaling $236,270.00 and 33 % local matching funds totaling $117,172.00. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Karl Louis, Chief, Paris Police Department, be, and he is hereby appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances, contracts and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of said project." PASSED AND ADOPTED this 9th day of June, 1994. 4n-, n, ayor ATTEST: Mattie Cunningham, City Clerk APP OVED TO FORM: K. ayne City Attorney 201 Resolution No. 94 -059, authorizing the acceptance of the Regional Controlled Program Grant No. DB- 94 -B04 -07431 and authorizing the execution of the Grant Acceptance Notice, was presented. A motion was made by Councilman Bell, seconded by Councilman Brown for approval of the resolution. The motion carried 7 ayes, 0 nays. 202 RESOLUTION NO. 94 -059 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 87 -097 authorize an application to be made to the Office of the Governor of the State of Texas, through its Criminal Justice Division, for a Texas Narcotics Control Grant; and, WHEREAS, thereafter, Grant No. DB- 88 -B02 -2806, entitled Regional Controlled Substance Apprehension Program /2 was awarded and accepted on April 10, 1989; and, WIIEREAS, the City Council of the City of Paris did heretofore in Resolution No. 89 -057 authorize an application for an extension of the Texas Narcotics Control Grant awarded as Grant No. DB -88 -1302 -2806; and, WHEREAS, thereafter, Grant No. DB -88 -1302 -3035, entitled Regional Controlled Substance Apprehension Program /3 was awarded and accepted on August 14, 1989; and, WHEREAS, the City Council of the City of Paris did hereto in Resolution No. 90-011 authorize an application for the "Texas Narcotics Control Program, 1990 Grant; and, WIIEREAS, thereafter, Grant No. D13 -90 -1302 -3503, entitled Regional Controlled Substance Apprehension Program /3 was awarded and accepted on May 14, 1990; and, WHEREAS, the . City Council of the City of Paris did heretofore in Resolution No. 91 -022 authorize an application for the Texas Narcotics Control Program, 1991 Grant; and, WHEREAS, thereafter, Grant No. D13-91 -1302 -4231, entitled Regional Controlled Substance Apprehension Program /5 was awarded and accepted on May 13, 1991; and, WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 92 -009 authorize an application for the Texas Narcotics Control Program, 1992 Grant; and, WIIEREAS, thereafter, Grant No. DB- 92 -B02 -5066, entitled Regional Controlled Substance Apprehension Program /6, was awarded and accepted on May 11, 1992; and, WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 93 -034 authorize an application for the Texas Narcotics Control Program, 1993 Grant; and, WHEREAS, thereafter, Grant No. DB -93 -1302- 06102, entitled Regional Controlled Substance Apprehension Program, was awarded and accepted on May 14, 1993; and, WIIEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -021 authorize an application for the Texas Narcotics Control Program, 1994 Grant; and, WIIEREAS, the Office of the Governor of the State of Texas has issued its Grant Award, entitled, "Regional Controlled Substance Apprehension Program, Grant No. DB- 94 -B04- 07431 " for the year beginning June 1, 1994, through May 31, 1995, in the total amount of $236,270.00 requiring matching contribution of $117,172.00; and, WHEREAS, acceptance of the same must occur within forty -five (45) days of the date of said award which occurred on May 9, 1994; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris (flat the City of' Paris accept said Grant Award and continue to suppress drug activity in and around the City of Paris; NOW, TIIL+'REFORE, BE IT RESOLVED BY "rIIE CITY COUNCIL OF TIIE CITY OF PARIS, that the Regional Controlled Substance Apprche,nsion Program Grant No. DI3 -94 -1304 -07431 be, and the same is hereby, accepted. BE IT FURTHER RESOLVED, that the City Manager of the City of' Paris, Michael L. Malone, be, and lie is hereby, authorized and directed to execute on behalf of' the City of Paris, the Grant Acceptance Notice in the form of Exhibit A attached hereto. PASSED AND ADOPTED this 9th day of June, 1994. Don SI ell n, y r ATTEST: Mattle Cunningham, City Clerk APPROVED AS TO FORM: K. Yfaynes, City Attorney 203 204 ANN W. ,RtC:HMMS Governor State of Texas GRANTEE ACCEPTANCE NOTICE AGREEMENT: That whereas City of Paris hereinafter referred to as Grantee, has heretofore submitted a grant application to the Governor's Office, State of Texas, entitled - Regional Control Substance Apprehension Program and further identified by grant number DB -94 -1302 -07431 ; and ' Whereas, the Governor of the State of Texas has approved the grant application as evidenced by the Statement of Grant Award from the Governor's Office dated — 0 Q 1� d certain special requirements; and - which contained Whereas, the Grantee desires to accept the grant award, the Uniform Grant and Contract Managerne it Standards, and special requirements as evidenced by the Statement of Grant Award; Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniform Grant and Contract Management Standards and special requirements in the grant application and the Statement of Grant Award as evidenced by the agreement, executed by the project director, the financial officer, and the official authorized to sign the original grant application, or the official's successor, as presiding officer of and on behalf of the governing body of this grantee; and Now, therefore, the Grantee shall designate either the project director or the financial officer to coordinate and be solely responsible for submission of adjustments pertaining to both program and financial elements of the application, and the POSITION authorized to submit adjustments is W. E. Anderson NON - LOBBYING CERTIFICATION: We, the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or the passage or defeat of any legislative measure. A finding that a grantee has violated this certification shall result in the immediate termination of funding of the project and the grantee shall not be eligible for future funding frorn the Governor's Office, Criminal Justice Division. Certified By: Signature of Project llirector Karl Louis, Chief of Police Narne & Title(must print or type) 0 final Agency Address(street or post o ice box) Paris _ City /Zip Code /Telephone Num er Date: 1Iay 23, 1994 Signature of Financial Officer W. E. Anderson, Dir. of Finance Name & Title(must print or type) Official Agency Address(street or post office box) City /Zip Code Telephone umber r - �- Signature o Authorized fGcial 1vlichagl F M� �_nnP (; ry rianagp�_ Name & Trtl_(must pnnt or type) rcr Agency Address(street or post o ice box) 754hrn i903) 785-7911 %,rty /Zip Code Telephone Number Resolution No. 94 -060, resolving that the Texas Association of Realtors Commercial Lease between the City of Paris Drug Task Force and Don Wesson and Sara Wesson is hereby approved, and authorizing the City Manager of the City of Paris, Michael E. Malone to execute said Commercial Lease, was presented. A motion was made by Councilman Jenkins, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -060 WHEREAS, the City of Paris Drug Task Force is desirous of leasing office space; and, WHEREAS, it is deemed to be in the best interest of the City of Paris that the City of Paris Drug Task Force lease said property under the terms of the Texas Association of Realtors Commercial Lease in the form of Exhibit "A" attached hereto and made a part hereof which should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that the Texas Association of Realtors Commercial Lease between the City of Paris Drug Task Force and Don Wesson and Sara Wesson in the form of Exhibit "A ", attached hereto, be, and the same is hereby approved; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute said Commercial Lease upon the terms and conditions in the form attached hereto as Exhibit „A,. PASSED AND ADOP'T'ED, this 9th day of June, 1994. Don Shelton, ayor ATTEST: Niattie Cunningham, City Clerk APPROVED O FORM: T. K. hlaynes, ity Attorney 20,5 20--G I EXAS ASSOCIA ION OF Ifli'AZJ rf ORS It 19 COMMERCIAL LEASE this Icasc agreement is nfadc:rn(I entered into by :t]r(I Ixl.vccn non & Sara Beth Wesson,_c/o Nathan Bell (I.:nfdlunl) :uftl _Thc_�atY._�.� Paris [ Urus; IaSIc_I'Ut Ce�__� (1'cn,url). I,.;(n(Ilernl hcrehy lenses to'T'ennnt and Icnaw hereby leases front Landlord flint certain property with the intprovenfenls thereon• containing approximately -(goare Icet, hercinaller called the "leased premises", known as _ _._ __ in Paris, Texas (Addfcss), Lot . Block Addition. City of Paris Lamar _,_ Counly. Texas: or ns more particularly described below or on attached exhibit: •I he primary lean of this lease shall be 11 months 19 94 , find ending nn the 31st du}• of Ma cornmcncirlNutllhc 1st dayof_July _, IY J� , upon the following Icons, conditions, and cuvcnnnls: all I. 1 AXL.S. Lach year duiing the Ivrtn of this Icasc. L:ntdlord shnil pay real estate taxes assessed a first the leased Prcnliscsrix xt� xi�lxxmsl: t+c}()icY- H>`3Yf K 1, x � K i4?f lc?i ?File �(15r�3e rY�exss�" �4r(r1;i5�i�S Ilex FF l:f 2f �,?cKii Yt?F iSi' ifT� `-f>?Ss'E•� � If �2f?�?f?�i1`r�1,�� Isiext� riff I he base year shall lie ?. 111IIA I IFS. Lcttant shall pay all charges for utility services to life leased prentiscs except for no excepCionS which shall be paid by the Landlord. 1. 11OLI)IN(i OVER. I allure of'I'en:ntl to surrender life Ic:fscd prentiscs at the cxpirflion of the Icasc cunstilules a holding nvcr which shall Ix comlrucd ifs a Icnancy from month to month eft n rental of s 750.00 per month. A. RENT. 1 cnanl agrees to and shall pay Landlord fit Nathan Bell Realtors Counly of Lamar ,'texas• or at such other place I.:ufdlord shall designate front little to little in writing, ns rent for the )cased premises, the total sutra of S xxxxxxxxxxx , payable without demand in equal morilltly payrnents of s 750.00 cacti in advance on or ITf0rc the _1 s t day of each month, commencing oil July 1. 19 9 4 , and continuing therenller until life total sufn shall be paid. />digxsltmtttbmo (kezeH �lkxty}2fpi)txKr7i COttYJtWlfjtt24Kjitrft't)(t�ta iX ]7NP4342SK12eNKt�XYd(Yl)4X()SKn *pa itr4i x rr x pcor xt�ax e a x tt Xtaxtnl9 kp�)tmXttauA k x idtL424)i if�trK3� p`(21;rcX+2;RG2f t'S K�FiW{(2i4t,x1{ �i t(ltat 1f +Yd6K+7G2i �FiYr}S K�� 31 t'f(H � YID f>rc t % iitKkKAIiKX(( itSK (XX�fc)rt2iliFtiF2(�Sxet}liieTt 4{Yexfir]4K�SricYP(tli�) Fret? fr` FF1C151i ;iSl>4�c�c?ft�E2fitit�irl?it't ri5)5?4pl zaxt�ttticKvck uKk��a�xtt�cXxXxxxxxxxY, Rn�, f„ i, x};, Tl( �p) C�q)(�C�Mgcxxxxxxxxxxxxxxxxr'ms x)Jxxxita p(xC {kxaxxxxxsxxxxxxt(x)fiti F+ ySt{ KtE�f+ K�XiE2�iyc�4lxr�, xFY1Sx�24iStXK�5lKifaxtyuyxgcxxxxxxxxxxxxx ,Zch i ql Rkt)1:0 X vm(A - . 5. USE, 1-cnnnl .shall use the leased prentiscs for the following purpose and no other: offices & storage Space for the Regional Controlled Substance Apprehension Program G. SLCUitII ,, Ui:)'OSff. 'tenant shall pay to Landlord n security deposit in the sum of S_(ZQ.Q_.OjQ —, payable on or Ixfurc [lie conr]ncnccnfent of this Icasc for Tcnnnt's faithful performance hereunder. Refund thereof shall be made upon Ixrfur Ina nce of this lease agreement by Tenant. minus any assessments or danfages unless landlord and 'I cnant provide otherwise in Special Provisions. 7. 1NSURA NCI: . landlord shall pay for fire and extended covernge insurance on life buildings and other improve- ments on the lensed premises in an nnnount not less than S , which nrnount shall be increased yearly in "proportion to llfe incrensc in ntnrkcl value of the premises. If Landlord provides iffy insurance herein. Tennnl shall pay to Lan(Ilord, during the lcf fit hereof• the rinupunt of lily incrensc in premiums for the insunince required over and above such premiums paid (luring the first year of this Icasc.. Tenant shnll provide public linb0ity aril property damage Insurance for its business operithons on the Icaseel prentiscs iY1 *ik4S1trd141tKDrc) 1481('}f�j> Ht kltAN�Fii iitXKdckS3ittitAr2f>4s �azkxs: ttt> sf3 .'cnsnix33:T {ttSixHtttl4t(BC�Sc Nit} t; 1f7kJ( kY+ Fftk�Yd4' lo' yYrn�4212ccKFiJcTf2414rYtKK�' irKiYcxcKtMlKifc? i)' rcyK�ii4i4 (Yr2iYr�tff�FYriS�{�EtSZS?Sd xl]tctt'lx `i At H f)f Kl1 y>4ti,�', +�itf if rl�tis`C•2S?iD fit{ JfyKtYT? f >)F(lfs�2k 161j' � 2;?Sci12S 7;iS =t lc �i� �A;itP53F iYJi i'f� K>?;?iffci; 2i �i+iti>�1c?(iY� iYt��'i i'f�'6i4iT'F e Kfii(si?CY? lf�F> i1 ,Kc1G?fp?iyJF25ii?ccF{Kc�42cin, Tenant shall he solely responsible for fire and casually insurance on Tenants prolxrly on or :fbuut the leased premises. IkYecmm>:dry(xrnoYxrnkxaft(1S"All Rif Xil dItiY MIM KAI*xttrifY4t:rsHla>iHA Y&wly �sutifjrxficnxulr r) t: eudT:. titilouz: anrdifxFnc> btxEcdacaztxcc�i. �cea�. irlH�xdl1» ttScwkhi7tx�cxx_ xbtyscnt} cY .xue'ltxtosl2soccgxdtYo0.tltsn sixxsitcf} r14 sudsd]t4txxrx� xis tixttXt) 1KfbYhtXlyiftf( 2t*[ a( i�frc? ltir iYYFtdyily{ �yC}{ fcPyfilyiK�jSf�i (eyf(�i(�yK�r7?yXC�kC(�?lt ) iiy{ exK? Xt�y' c/ lre3YfyXd�ryyKyTCt3y (ryi��iyue�yS{o tS(Y(x 1't7 xil%71 � }� x)�l� nf�(1)% 1�(1�)76 %(f�O�lxV t%{1�52f �t�ft�' � l� C �)Yl?f TifY1 � 1 ] x1111(f t TCx111 T71:/�n:C I l l fY(1' 7 T1' ] U CII" 77 V [ tE C'," 17 rTQ' 1 Crl [TTI I' `CTS C71 [hit l 34 )cm=Rxno:(kcnwxsl4 tixc6xibramx: wA)aKiixdlbxk w)yx ?tmj- xxest unekdt ror7¢ xtsevxtcRxttxht%"-A rchKtfkdm:4Pmr me p rtaal{ x aix xcxpait ts(* k�t2f t�:x1`k)42id{ fkaitf�iK KeK6feyi It:2f 1ri4Z7 K �ir7e�f �sX i17k14aC)Y,�X tl iE)S XiE `-f,T x x x x x x xx x x `{)?Sr��rp`�,1(:K ifri;itiftl fr N xi:tfia six tcx of x tsatt�e5 ]a ]cat K ttpc kxexd{ rYi�bt)t]Yft Ye1�7( ;.J' Q55nCXdi �H t , 8. CONDITION OF PRFNIISI -S. Tenant has examinee) and accepts the leased premises in ils present as is condition as suitable for the purlx)se•s for which the same are leased• and does hereby accept the !eased premises regardless of reasonable deterioration between life da(c of this lease and the (late 'Tenant begins occupying the leased premises unless Landlord and -- I cnanl nl!rcc to repairs or refurbishment as noted in Special Provisions. 9, NIAIN 1 I:NANC1 AND REPAIRS. Landlord shall keep �tth? fe a tf. �o�und�a�i t,i�So?n 4 }(�th�e e�x + �ric,r t i�tA � r ALlol�ex?Sxn{Js), and late roof of the leased premises in good repair except that Landlord shall riot be required to make any repairs occasioned by life act or negligence of )chant• its employees, subtenants, licensees and concessionaires. —T aila.nr is responsible for maintenance of the common area and common area equipment. If Landlord is responsible for any such repair and rnai file navice, Tenant agrees to give Landlord written notice of needed rcpnirs. Landlord shall make such repairs within n rcasonnhle time. -Tenant shall notify Landlord inemedinlely of any cnfcrgcncy repairs. 1 coatil shall keep the leased premises in Rood, clean condition and shnll at its sole cost and expense, nfnke all needed repairs and replacements, including repincemew of crneked or broken glass, except for repairs and replaccnncnts required to lie made by Landlord under this section. If any repairs required to be made by fennnl hereunder are riot made within Ica. (10) days after written notice delivered to Tenant by Landlord, Landlord may at its option mnke (rAR4W) IIRS raites EXHIBITA M %m If I.p:nlc wilhonl 11:1hilil•. III I rn:ntl fill any los% or Cl:nn:ll ;r which rnnw result by reason or'suCh rcpair:s, alld 'I emlol shall l):1} In I :nullmd IfIlml dt•n1:111d :IS :Iddiliolml ICrtl lit-wondCr Ihc' (*fill ofsuch repairs plus mfcrccl. At the lermimilion of this Icaq., ICn:1111 %hall drli•.rI Ihc h•:I %t'd lnClniSCS in good order ant) cnntlilion• reasonable wear and te;lr esc'eptctl. M. M.I I :RA I VMS. All aItCl:fliops. m1diliolts anti implovCtlicll(s, except trade (ixtuics. inslallcd at cxpcnSC of'fcna11l, shall heroin% the plopc•11v of I ;or(hard :11111 shall reliant upon and he surrendered with Ilse lCBSCd I)rcnliseS as It par( thereofon (he IelnlinatinII of Ibis Icasc. SiI(•II ahcmI if) ns, a( Ill iIi (It s, ;nil inlprovvnienfs may only he m;ulC with IIic prior wrillcn consent of I :uullold, %%hi.h Collscnl %hall licit he u11renslnlably wilhh.hl. 11 consent is granted for Ihc making of improvements or :lllCl :it iml,; to the Ic:lsCd pft-II v,:. Stich improv'cnfenls find :111milions shall licit Cominctice until Tenant Ilas furnished In I- andlorcl :I crlliliCalc of insur:mct. sho%%'ing c'ovclagc in nn amount salislil00- in I- Ildlurd wolecting Landlord front 161111itw for ininlw In any I,cf :un :10111 damage In all pulsonal ploperl}'. on or oll tile IumCd premises, in conficclion wills the making of melt implov- 11cnls fit :dIvmlions. No cooling Iu% %c1., c(luitnncttl, or slrildurc of any kind shall lie placed on (he roof lit clsc%%hcrc nn IIC Icascd lucmiSC'S IM without prior written permission of Landlord. If such permission is v-111ed. such work or inslallalinn Sllall he clone at Tcliallf" expense• and in such a manner Ihaf the roofshall not he damaged Ihcichv. If it hCcnotc'c ncCCSS:uv In IC TI-ve such cooling lower. c(luilnncnl or structure Icmpomfily, so dual repairs In Ihc roof can be flmdc. 'I clam shall promptly remove and rcins(:Of Ihc cooling lower. equipment or sirticfuie at Tcnanl s expense and Irl,;1i1 lit I t'11:1111 's (•xpcIlW any ilmitagC resulting lion, such icniovA or reinstallation. t Ip(111 termination of (his lease, Tenant shall 1%01111%. or Caucc in I. ICnlo%cd From Ihc roof any such cooling lower, equipment or structure if direcic(I do do so by I.andl,nif. I %trip shall plootpli wiail :11 its e.xpcilm. ;ntv d301101',c's fusulling front such removal. At Ilse Icnninnlion of this (Ca%c. IC01:ntl Sh:111 dcli%cl flit It•;ISC(l prenliws. ill good order and condition. natural delcrior:ldion only excepted. Any damage c:011ccd bw Ihc• inclallmion of ICnlm:11 of, IIadC lixtllrc.s shall he repaired a( Ten;ml's expense prior to file cxpiralion of the Icasc lean. All alterations, intprowcnrCnls. additions, and repairs made hy'Icnant shall he made in good and workmanlike 111;111 IIC 1�. I I. ('(11%11'1 [AN( I WI 1 II 1 AWS AN[) RF(;LII.A'I K)INS. Icnnol Sllall, :11 its own expense. Comply Willi all laws, orders, and Ictivin nu nIS 1-11 all gowrr11mrnl:ll enlilit.s will) reft,fencc to Ill( I n a:ents, , use and oCCUl)anc} of file premises. 'femul find tty p%%l oily lule•.s and lCgulalions governing Ihc use of the buildings fir other inlpro %Clnculs to IIC IC:INC(I f)fCIIIiSC%:1% Icttuil.d by I.:111dior,1, I.mu11u1d flmv make reasonable changes in such rules :n+<I 1cg141:11ionS finlu tirttc to lint% :Is (teemed adv;salltc for the safety. care and cleanliness of (Ile Icasccl premises, provided Sync• :uc in %%Kling :111,1 art• not in conflict with this tense. 1'. ASSI(;NhII Nl ,\N1) . 11111.1 l 11N(;. '1%11,111 shall nil :Iscign Ibis (case nor sublet Ihc Ica.W(-1 premises or any interest Ibcrcin %%itholtl first oblaifling Ihc %written Couscni of Landlord. An nssignnlcnl or suhlctling withou( (lie wrillcn consent of I.audlord sh:111 be void :111d Shall. nt the option of I_ :,ndlnrd. Icrolinalc this lease. 1 1, 1A:S I RLIC I ION. In the %volt I c Icasccl premises is partially daflinged or (lest roved or rendered partially unfit for occul1nncy IIy lire or other t.:mInIIN. I cn:)Iit shall I;ive intotc(linte notice In Landlord. Landlord ninv repair Ihc damage anti It'slorC the IC:I%cd I,ICntisrs to %oba :1111 dry Ihc Sank condition :IS inurlcdintely prior to Ihc occurt-cocc• of Ille Cacoalf%. \111.11 ICp:ut% Shall Ix. ulrld, .11 1 :IndL"tl %Cxpcn%. unless (file Ill Ic01:n11's ncglige'nct. I andlmd %11,111 allow Icnattl a lair' lvdo('oott III lcnl during Ihc fill. Ihc h•:1w.1 premises are p: lliall.v unfit lilt occli fMocy. If Ihc Icasccl premises arc locally CLSlroycd n1. llcCIM'd hs' Ihc I :In111orrl In be Ivildcred 'unlil for occulmnCy by lice or other casually, or if l.midlor(I shalt (Iccide nil In repair of 10,111110. this ICas shn11 lumlinntc' :old the rcnl shall be paid to Ihc little of such casually. I I. I I'.NAN I I)I I AI 11. 1. If I c11n111 ab:ntdnns file premises or ntbCrWise defaults in Ihc performance of anv obfigafions or co%CIMII(s hClCin. I.n1101old n+:tv c11lilrce Ihc perlilrmfioc'e of Ibis Icasc in any manner provided by Inw. I his lease 11mv Ix termiomt•d at I. ;nullolif's disirclion it such abanttortn+ent or (Icfauit continues for fi period of 10 clays allcr I..antllutll notifies 1.11:1111 of such ab:utdo01rlicnt or (IClilull and of 1— indlord's intention to (jeclare (his lease lerminafed. Such notice 01,11 he sent by I.:uullmd in I Cna01( a1 Ihc 1C;Ised prenli.ce.s by certified mail or other%vise. If Tcofillt 11:15 1101 completely removed or cured (felaull %%i(hin flit. to (Inw period. this Ic:lsc shall Icrnlin-Me. Tbcl'caller. Landlord or its ngcnls shall h :lvc the right, widiolt further none% or (Ienl:1od. In enter life leased prentiSCS an(1 remove :111 persons and properly %without Icing (Icemcd guilly of Ireslmss and %c ilhoul %%giving oily other renimlics lilr arrems of rent or breach of covenant. Upon nbandoninenl or dcR1ul( by Ili• I %•mill. Ihc rcma;ni01g unpaid portion of the rental from paragraph 4 herein, shall become due and pnynble. 15. I.II :N I.an(Ilnrd iS grunted nn express contractual lien, in addition to any lien provided by law. and a security interest in all lnopclty of I.naol found nn flit- Icascd prc•misc•s In secure Ihc• Compliance by Tenald will all terms of Ihis Icasc. In the event of de•faull. L:nulfold of its agrnlS nlay peace :thl•v enter Ihc Icasccl premises and remove :III properly in([ dispose of saute ns I.andluld shall sec I'll. 16. StlllORI)INA flr)N. I.andlrlld is hcrcbv inc•wocably vested will, fill power and authority lu subordinate this (case to any nturlgaye. decd of I rusl. or other lien licrcafler placed oil the demised premised ;fir([ 'I-enanl agrees oil demmntl to execute such lurlhet insirtnucnls stlhordinaling this lease as Landlord may request, provided such subordination shall be on the express colidilio01 01:111 dlis lease shall 1>c recogni/.ed by file mortgagee, and Ihc rights ol''fenanl shall remain in full force find %!feel during Ilse tern) of this ]case so long as Ten;ml shall continue to perform all of the covenants and conditions of (his Icasc, 17, INDEMNITY. Landlord and its ctttployces and ngcnls shall not be liable to Tenfinl or to Tenant's employees, patrons, visitors, invitees, or only other persons for any injury to any such persons or for finv damage to personnl property caused by an act, omission, or neglect of Tenanl orTenant's agents or of any other tenant of Ihc premises of which Ihc leased premises is fi part. Tenant agrees lu indc11+nify find hold 1. :lndlord and its cnlployccs and figenis harmless from any and rill claims for such injury and J :unagcs. whclher the injury occurs on or oil• Ihc Icasccl premises. 18. SIGNS. Tcr nil shall not post or paint nny signs A, on, or about Ihc Icascd prcnfius or paint IIC exterior walls of the building excel)! Willi Ills prior written consent of* the Landlord. Landlord shall have the right to remove any sign or signs in order to maintain file leased premises or to make any repairs or allcralions thereto. I RY. Y N hlx\X%S:1? ky1�}fQJt, tgX'Y7C75 x>i K xt4Y(� ]Gt'Scsl>�i}h?(7i}(JAYt tS Key+. }i 1i YliC?i X 2`'IY(li HI�})ct)F.Xi{� K if(2(rYPQY+i(N iE)i �F Titylli K>� 2(i!(•11 iftY(?( � >X li�I( x x K2i�i i4N )+X x+)S ji(x n �2i )77i K K l(i`i:1S r'f?C K�lfli'dityl>3 )4Yt7f}x Yt.�f i f rYr� rY(x 2iii 3(Yc�'i YixPf� �r�G?f r��i`s�"()5 Y 21 r:�S1`++4ff(7c)4J(?GcKtii� )i 2t xi��f,?C JFrxM x x k Arx)frn�d Mx xtx x (taro% kxdDCSii r. 20. CONDEMNATION. If Ihc whole or any substantial pool of Ihc leased premises is taken for any public or quasi- public use under any governmental law, ordinance or regulation or by righl of eminent domain or should the Icasccl premises he sold to a condemning aulhority under threat of condemnation, this Icasc shall terminate and Ihc rent shall he abated during the unexpired portion ill' Ihc Icasc cllcclivc from Ihc dale of the physical taking of the leased premises. 21. BROKER'S EEF Broker). has ncgolialcd this commencement of (his Icasc, to Ix divided ns follows: __. Brokcr and Ic:tw and Landlord ngrccs to pay Broker in a negotiated fcc ors — or Co- Ilrokcr, as Real Estate f)rokcr (Ihc County, Tcxas, upon % of (lie total rcnfal provided for in this Icasc _ . In the even[ this lease is extended, cximmiccl or rcnc%vccl, Landlord agrees to pay Ilrokcr an additional ncgo(inic(1 fee of S or 71, of Ihc total rc•nlnl ror such extension, expmisiun or renewril period, payable at Ihc title of coil) file lice men I of such extension, expansion or renewal, said !ce to be divided ;ro follows: 'I cnanl %varnanl.s Thal it line, had no dvnling.s with any rend estate hrokcr or :rgcnl.s in connection with Ihc negotiation of this (case cxcCl+liilg only —.N:1 1dA__DQ11_Realtor and it knows of no other real %.(file hrokcr or agcrll who is %(ruffed to a commission in culmecllon Willi this Lcw. If "Tenant during Ihc lean of this Lcasc, or airy 1.I AR.r11Ff,1 I /RS I•„Rr 2 of 1 NRfD 208 extension, expansion or renewal period thereof, or within days of (he expiration of this Lease, or any extension, expansion or renewal period thereof, purchases the property herein leased, Landlord agrees to pay Broker, in County, Texas, a negotiated fee of S or % of the sales price upon closing of the sale of this property. 22. NOTICES. Notices to Tenant shall be by certified mail or other delivery to the leased premises. Notices to Landlord shall be by certified mail to the place where rent is payable. 23. DEFAULT BY LANDLORD. In the event of breach by Landlord of any covenant, warranty, term or obligation of this ]case. then Landlord's failure to cure same or continence a good faith effort to cure same within 10 days after written notice thereof by Tenant shall be considered a default and shall entitle Tenant either to terminate this lease or cure the default and make the necessary repairs and any expense incurred by Tenant shall be reimbursed by the Landlord after reasonable notice of the repairs and expenses incurred. If any utility services furnished by Landlord are interrupted and continue to be interrupted despite the good faith efforts of Landlord to remedy same, Landlord shall not be liable in any respect for darnages to the person or property of Tenant or Tenant's employees, agents, or guests, and same shall not be construed as grounds for constructive eviction or abatement of rent. Landlord shall use reasonable diligence to repair and remedy such interruption promp(ly. 24. SIGNS. During the last 30— days of this lease, a 'Tor Sale" sign and /or a "For Lease" sign may be displayed on the leased premises and the leased premises may be shown at reasonable times 10 pros cc( c p�rchasef� or to ants, by appoint- ment only & only in t}ie presence o a representative o t le rug ask �orce. 25. RIGIIT OF ENTRY. -Landlord shall have the right during normal business hours to enter the demised premises; a) to inspect the general condition and state of repair thereof, b) to make repairs required or permitted under this lease, or c) for o�' r�ttier �ruga'La�krl'��et c�r�sipreset�t such entry is by appointment & that a representative 26. WAIVER OF BREACH. The waiver by Landlord of any breach of any provision of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this lease. 27. TIME OF ESSENCE. Time is expressly declared to be of the essence in this lease. 28. BINDING OF HEIRS AND ASSIGNS. Subject to the provisions of this lease pertaining to assignment of the Tenant's interest, all provisions of this lease shall extend to and bind, or inure to the benefit not only of the parties to this lease but to each and every one of the heirs, executors, representatives, successors, and assigns of Landlord or Tenant. 29. RIGI ITS AND REMEDIES CUMULATIVE. The rights and remedies by this lease agreement arc cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. 30. TEXAS LAW TO APPLY. This agreement shall be construed under and in accordance with the laws of the State of Texas. 31. LEGAI_ CONSTRUCTION. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid. illegal, or unenforceable :r. any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereol' and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 32. PRIOR AGREEMENTS SUPERCEDED. This agreement constitutes the sole and only agreement of the parties to this lease and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this lease. 33. AMENDMENT. No amendment, modification, or alteration of the terns hereof shall be binding unless it is in writing, dated subsequent to the date hereof, and duly executed by the parties. 34. ATTORNEY'S FEES. Any signatory to this lease agreement who is the prevailing party in any legal proceeding against any other signalory brought under or with relation to this lease agreement or this transaction shall he additionally entitled to recover court costs, reasonable attorney fees, and all other out -of- pocket costs of litigation, including deposition, travel and witness costs, from the nonprevailing party. 35. SPECIAL PROVISIONS. (This section to include additional factual data not included above.) See attached page EXECUTED this 9 Lh day of TENANT or TENANTS June Michael E. Malone, City Manager City of Paris, Paris, Texas REAL ESTATE'- ) BROKER LICENSE NO. By. 19 9 It LANDLORD REAL ESTATE BROKER By: LICENSE NO. (Note: This form has heen prepared by Babb & Hanna. P.C., attorneys for the Texas Association or RI:AL "f0RS (TAR). Babb & )Ianna, P.C. has approved this form for use by TAR rncmlxr brokers and salespersons for the purpose of teasing improved commercial real propeny for business purposes. This form has not been drafted for a specific transaction, therefore. the parties are advised to consult an attorney of their choice before signing.l f1AR-006) 1/85 P.`e 3 or 3 Pain SPECIAL PROVISIONS Page 4 of 4 pages 1. Tenant may terminate this lease at any time should it be determined by Tenant to be necessary to move for Tenant's personal safety, as well as the safety of the property. 2. Tenant may erect whatever gates or security devices as — necessary at Tenant's expense. 3. Landlord acknowledges that stained glass on either side of front door is bowed /buckled and will hold Tenant harmless from any further damage to same and replace with suitable material if necessary. 4. Landlord will pay for cleaning property prior to Tenant's occupancy. 5. Tenants agree that Landlord may remove that certain light fixture previously mentioned (unknown to Tenant at this point which light fixture), provided that it is replaced with a suitable fixture. 209 210 City Attorney Haynes presented the following petition for rezoning: Betty Kildahl, Lot 9, City Block 311, Site Plan Approval in a Planned Development Housing District; David Glass, Block 313, Part of Lot 11, from Commercial District to Planned Development - Community Unit Development District; Jim Bell, Lot 12, City Block 315, from General Retail District to Commercial District; Gerald Whitesides, Lots 21, 22, & 24, Block B and Lots 6 & 7, Block C, Willowcrest Addition from SF -2 District to 2F District. Mayor Shelton referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting July 5, 1994, and before the City Council, July 7, 1994. There being no further business, The ting 'ourned. DON S ELTON, MAYOR CITY OF PARIS ATTEST: MATTIE CUNNINGHAM, CITY CL K� 211 MINUTES OF THE PLANNING AND ZONING COMMISSION JUNE 6, 1994 The Planning and Zoning Commission of in regular session Monday, June 6, Council Room, City Hall, Paris, Texas present: 1. Reeves Hayter, Chairman 4. 2. John Mark Davis 5. 3. Marshall Rent, Jr. 6. the City of Paris, Texas met 1994 at 5:30 P.M. in the with the following members Joe McCarthy Joel McCray Louis Yates, Jr. Chairman Hayter opened the meeting and welcomed new members, John Mark Davis and Joel McCray to the Commission. Chairman Hayter announced that a Vice - Chairman needed to be elected to replace Eric Clifford who had resigned to accept an appointment to the City Council. Mr. Yates nominated Joe McCarthy for Vice Chairman. Mr. Rent seconded the nomination. There were no other nominations and Mr. McCarthy was elected Vice Chairman on a 5 -0 vote. The minutes of May 3, 1994 were approved as presented on a motion by Mr. Rent, seconded by Mr. McCarthy. The motion carried 6 ayes, 0 nays. Chairman Hayter declared the public hearing open on the petition of Donie L. Hussey for a change in zoning from a General Retail District (GR) to a Commercial District (C) on part of Lots 8 and 9, City Block 249 located at 2524 Lamar Avenue. Bert Hussey spoke for the petition saying his wife had filed the request on their behalf. He told the Commission of his plans to construct a 50' X 60' building on this property on the south side of Lamar Avenue west of the Regency Apartments for the purpose of operating an Automotive Repair facility. He said he was a certified master mechanic and specialized in repairs involving computer equipment and emission controls. He later stated his hours of operation would be from 8 -5 Monday through Friday. Rhoda Hicks, manager of the Regency Apartments, speaking for the owners of the apartments and for Doyle Whitaker, owner of property next to the apartments voiced objection to the auto repair shop being next to the apartments. She said many of her tenants were shift workers and noise and traffic from the business would be disturbing to someone trying to sleep during the day. She went on further to say that if zoning were granted for the business, there should be a 6 foot screening fence erected between it and the apartments. 2.12 2 No one else spoke and the public hearing was closed. There was discussion by the Commission of existing land uses and zoning in the area and following discussion, a motion was made by Mr. Yates, seconded by Mr. McCarthy to recommend approval of the change. The motion carried 6 ayes, 0 nays. The Replat of Lots 1, 2, 3, & 4, Block 1, Lamar Terrace Addition was recommended for approval on a motion by Mr. Kent, seconded by Mr. McCarthy subject to the requirements in City Engineer's Memorandum dated June 6, 1994, Marked Exhibit A and attached hereto. The motion carried 7 ayes, 0 nays. The Replat of Lots 1, 2 & 3, Block 12, Belmont Addition was presented for approval with requests for a variance to the 100 foot lot depth requirement on Lots 1 and 2 and waiver of curb and gutter requirements on Belmont Street and 11th N.E. The variance requests were discussed and the Commission felt the lot depth variance was not a critical point but were reluctant to waive the curb and gutter requirement. A motion was made by Mr. Kent, seconded by Mr. Yates to recommend approval of the Replat with the Lot depth variance and subject to the requirements in City Engineer's Memorandum dated June 6, 1994, Marked Exhibit B and attached hereto. The motion carried 6 ayes, 0 nays. Chairman Hayter asked to be excused from the meeting due to a conflict on the next item. He was excused and Mr. McCarthy continued the meeting as Chairman. The Preliminary Plat of Primrose II was recommended for approval on a motion by Mr. Yates, seconded by Mr. Davis subject to the requirements in City Engineer's Memorandum dated June 6, 1994, Marked Exhibit C and attached hereto. The motion carried 5 ayes, 0 nays. Mr. Hayter rejoined the meeting which was adjourned on a motion by Mr. Kent, seconded by Mr. Yates. The motion carried 6 ayes, 0 nays. n- e N. McCollum Secretary, ex- officio 213 June 7, 1994 M E M O R A N D U M TO: CITY MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: PLANNING AND ZONING COMMISSION RECOMMENDATION AND REPORT The Planning and Zoning Commission met Monday, June 6, 1994 and made recommendations on the following items which will require City Council consideration. 1. Held a public hearing and recommended approval of the petition of Donie L. Hussey for a change in zoning from General Retail to Commercial on part of Lots 8 and 9, City Block 249 located at 2524 Lamar Avenue. Applicant proposes a 50' X 60' building to operate an automotive repair business specializing in computer controls and emission controls There was opposition from the Manager of the Regency Apartments which is adjacent to the proposed repair facility. She opposed because of potential noise and traffic affecting tenants. She requested a screening fence between the apartments and the repair shop if approved. Vote to approve was 6 -0. — 2. Recommended approval of the Replat of Lots 1, 2, 3 & 4, Block 1, Lamar Terrace Addition subject to the requirements in City Engineer's Memo Marked Exhibit A, attached. Vote to approve was 6 -0. 3. Recommended approval of the Replat of Lots 1, 2 & 3, block 12, Belmont Addition subject to the requirements in City Engineer's Memo Marked Exhibit C attached and approval of variance to Lot depth requirements on Lots 1 & 2. A requested waiver of curb and gutter requirements was not recommended. Vote to approve was 6 -0. 4. Recommended approval of the Preliminary Plat of Primrose II subject to the requirements in City Engineers Memo Marked Exhibit C attached. Vote to approve was 5 -0. Thank you. r) e N. McCollum 214 M E M O R A N D U M TO: Mayor and City Council Planning & Zoning Commission FROM: Earl E. Smith, P.E., City Engineer DATE: June 6, 1994 SUBJECT: Replat Lots 1, 2, 3, & 4, Block 1, Lamar Terrace Addition. I have reviewed the replat of property referenced above. It appears that the replat complies with the City of Paris regulations with the following exceptions and /or additions: 1. Certify taxes paid 2. Provide appropriate signatures & seals on original drawing 3. Pay filing fees (Cashiers Check or Money Order in the amount of $25.00 made payable to Lamar County Clerk and delivered to the City Engineer's Office). 4. Provide Owner's name 5. Show finished floor elevation 6. Construct curb and gutter with wheelchair ramp along 23rd S.E. 7. Provide Guarantee of Construction signed by Owner. I recommend approval of the replat assuming completion of the above items. Sincerely, Earl E. Smith, P.E. City Engineer EES:ps cc: Michael E. Malone, City Manager T.R. Haynes, City Attorney Chaney Engineering, Inc. EX1411!:)[T Q, 215 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL June 13, 1994 The City Council of the City of Paris met in regular session, Monday, June 13, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Councilman Aaron Jenkins. Mayor Shelton announced if there was anyone in the audience who had business to bring before the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Shelton asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced the next order of business would be receipt of reports from committees, boards, and commissions with minutes Redistricting Study Committee, Committee to Study Smoking Regulations, Airport Advisory Board, Paris Public Library Advisory Board, Paris Economic Development Corporation Board, and Paris /Lamar County Board of Health, had been presented with no action being required. Mayor Shelton declared the public hearing open to consider amendments and additions to Article III - Smoking Policy of Chapter 17 of the Code of Ordinance of the City of Paris. No one appeared, and Mayor Shelton declared the public hearing closed. Mr. Tommy Gantt, 250 31st N. W., representing the Greater Paris Rotary Club Environmental Committee, appeared before the Council telling them that every year they try to pick a project that they can work on or donate to to make our City a better place to live. After visiting with Dick Boots, their criteria was a non - budgeted item, and something that would hopefully benefit you. Mr. Gantt advised the Council that Mr. Boots was trying to find money to put lights at Record Park, and at that time Mr. Gaunt presented the Mayor with a $250.00 check to help with that project. Ms. Jo Ann Parkman, District Manager of T. U. Electric, appeared before the Council telling the Council that on June 6, 1994 T.U. Electric filed a Petition and Statement of Intent with the City of Paris which offers four new services within its service territory, and advised that this rate case is different from any that she has ever worked on. Ms. Parkman said no rate will increase, and the reason they are doing this is one thing - competition, they have got to have these rates to meet their competition. Ms. Parkman said there were two new competitive 216 rates, and two riders. Customers who will be eligible for the general service competitive, and the wholesale power competitive rates are those that other areas of the State and the Nation would like to very much take away. There are electric utilities all over the United States that would like to entice our customers to buy power from them, and with the wheeling that is coming in, they can do that. One things that would happen is we have fixed cost for items such as existing generation, transmission and distribution facilities; and those would remain, and if we loose customers, then the cost of all those fixed cost have to be spread over a smaller rate base, which would affect all of us. Rates GC and WPC which is wholesale, the only difference in these rates as they are right now is it is a negotiated demand change, that is where they would negotiate with a company that was thinking about coming in to Paris, we can say to that company, we will negotiate your demands for the first years it would be a 50% discount, second 40 %, third 30 %, 20% and 10 %, and when they get in and settled, they will being paying the same rate. Mr. Parkman said no one was getting a discount, they are getting a discount on demand. The rate is designed to cover the cost of installation and our equipment. This rate is not going to be available to all customers, it is only going to be use when it is necessary to retain the customer. The major benefits to all T.U. Electric Company's customers are holding down rates through a larger customer base rate, and retaining existing jobs and businesses. Then, there is the Economic Development Rider, and it has two purposes, to make this part of the State more competitive in attracting new business, and to encourage expansion of existing businesses. The fourth part of this is Environmental which will help us conserve energy, and it will also be an incentive to commercial and industrial customers to install environmental equipment. Ms. Parkman said the qualifying customers will receive a declining fixed demand discount which is spelled out in the rider. City Manager Malone called for consideration of and action on setting a public hearing on July 11, 1994, on implementation by the Texas Utilities Electric Company of four new tariff scheduled as follows: Rider ED - Economic Development Service; Rate GC - General Service Competitive Pricing; Rate WPC - Wholesale Power Competitive Pricing; and Rider ET - Environmental Technology Service. A motion was made by Councilman Clifford, seconded by Councilwoman McDonald to set the public hearing on July 11, 1994 on implementation by the Texas Utilities Electric Company of four new tariffs. The motion carried 6 ayes, 0 nays. City Manager called for consideration of and action on authorizing the preparation of an ordinance re- establishing a curfew regulating children seventeen years or age and younger. City Attorney Haynes explained the reason that this item is on the agenda is because we previously had a curfew, we had an automatic sunset provision in our previous curfew, and after the ordinance of Dallas was challenged in the court system, we suspended enforcement of our ordinance, and the sunset provision wiped it out. City Attorney said that in the past two weeks the Supreme Court has acted on the "1 7 Da 11asy ordinance and found that it was not unconstitutional, so it is appropriate that we have a curfew ordinance. City Attorney told the Council that if they would recall, last summer there were a number of citizens appeared before the Council requesting that action, and there has not been any record of opposition in the past, or as of yet. After discussion, a motion was made by Councilwoman McDonald, seconded by Councilman Jenkins authorizing preparation of an ordinance re- establishing a curfew regulating children seventeen years of age and younger. The motion carries: 6 ayes, 0 nays. A motion was made by Councilman Clifford, seconded by Councilman Fulbright authorizing preparation of an ordinance implementing four new tariff schedules filed by Texas Utility Electric Company as follows: Rider ED - Economic Development Service; Rate GC - General Service Competitive Pricing; Rate WPC - Wholesale Power Competitive Pricing; and Rider ET - Environmental Technology Service. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 94 -026 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING ARTICLE III OF CHAPTER 17 OF SAID CODE; PROVIDING FOR A UNIFORM POLICY GOVERNING SMOKING IN THE ENCLOSED WORK AND COMMON AREAS OF CITY OF PARIS FACILITIES AND VEHICLES; PROVIDING FOR A UNIFORM POLICE GOVERNING SMOKING IN PUBLIC PLACES; PROVIDING FOR A PENALTY NOT TO EXCEED $1,000.00; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1994 was presented. A motion was made by Councilman Clifford, seconded by Councilman Bell for adoption of the ordinance. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 94 -027 AN ORDINANCE OF THE CITY OF PARS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING ARTICLE III OF CHAPTER 21 OF SAID CODE; PROVIDING FOR THE REESTABLISHMENT OF A CURFEW FOR CHILDREN DURING NOCTURNAL HOURS, TO PROVIDE CERTAIN REGULATIONS CONCERNING THE USE OF STREETS AND PUBLIC PLACES BY CHILDREN DURING NOCTURNAL HOURS, AND TO PROVIDE FOR RELATED MATTERS SUCH AS AFFIRMATIVE DEFENSES AND PARENTAL RESPONSIBILITIES; PROVIDING FOR PENALTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REVIEW OF THIS ORDINANCE WITHIN SIX MONTHS AFTER THE DATE OF INITIAL ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE OF JULY 1, 1994 was presented. A motion was made by Councilman Jenkins, seconded by Councilwoman McDonald for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Resolution 94 -061 resolving by the City Council of the City of Paris, that the Texas Community Development Program grant award for the Booker T. Washington Phase III, street curb and gutter, paving and drainage project be accepted, and authorizing and directing the City Manager of the City of Paris, Michael E. Malone to execute on behalf of the City of Paris, the TCDP Contract No. 703669, was presented. A motion was made by Councilman Bell, seconded by Councilman Clifford for approval of the resolution. The motion carried 6 ayes, 0 nays. 21S RESOLUTION NO. 94 -061 WhIEREAS, the City Council of (he City of Paris did heretofore in Resolution No. 93 -094 authorize an application to be made to the Texas Department Of' housing and Community Affairs for the Community Development Fund Grant under the Texas Community Development Program; and, WHEREAS, the Texas Department of Ilousing and Community Affairs has issued its Contract Award, entitled, "TCDP CONTRACT NO. 703669" for the year beginning April 11, 1994, ending April 10, 1996 amount of $250,000 requiring matching funds of $111,063.00; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of Paris accept said Grant Award for the Booker T. Washington Phase III, street curb and gutter, paving and drainage improvements in the City of Paris; NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 01" THE CITY OF PARIS, that the Texas Community Development Program grant award for the Booker T. Washington Phase III, street curb and gutter, paving and drainage project, be, and the same is hereby accepted; and BE IT FURTIIER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and lie is hereby authorized and directed to execute on behalf of the City of Paris, the TCDP Contract No. 703669 in the form of Exhibit A attached hereto. PASSED AND ADOPTED this 1301 clay of June, 1994. ATTEST: Maine Cunningham, City Clerk APPROVED AS TO FORM: I'. K. Haynes, .ity Attorney Don Shelton, lay r 21 ,9 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT FOR COMMUNITY DEVELOPMENT PROGRAMS STATE OF TEXAS COUNTY OF TRAVIS iECTION 1 PARTIES TO CONTRACT This contract and agreement is made and entered into by and between the Texas Department of Housing and Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department ", and the City of Paris, hereinafter referred to as "Contractor". The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 2. CONTRACT PERIOD This contract and agreement shall commence on April 11, 1994, and shall terminate on April 10, 1996, unless otherwise specifically provided by the terms of this contract. SECTION 3. CONTRACTOR PERFORMANCE Contractor shall conduct, in a satisfactory manner as determined by Department, a community development program, hereinafter sometimes referred to as CDBG, in a non - entitlement area under Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. Sec. 5301 et seq.), hereinafter referred to as the Act and the implementing regulations at 24 C.F.R. Part 570, hereinafter, referred to as the Regulations. Contractor shall perform all activities in accordance wish the terms of the Performance Statement, hereinafter referred to as Exhibit A; the Budget, hereinafter _referred to as Exhibit B; the Project Implementation Schedule, hereinafter referred to as Exhibit C; the Applicable Laws and Regulations, hereinafte, referred to as Exhibit D; the Certifications, hereinafter referred to as Exhibit E; the assurances, certifications, and all other statements made by Contractor in its application for the project funded under this contract; and with all other terms, provisions, and requirements set forth in this contract. SECTION 4. DEPARTMENT OBLIGATIONS A. Measure of Liability In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contract, Department shall be liable for actual and reasonable costs incurred by Contractor during the contract period for performances rendered under this contract by Contractor, subject to the limitations set forth in this Section 4. 1. It is expressly understood and agreed by the parties hereto that Department's obligations under this Section 4 are contingent upon the actual receipt of adequate state or federal funds to meet Page 1 of 12 EXHIBIT,A 220 Department's liabilities under this contract. If adequate funds are not available to make payments under this contract, Department shall notify Contractor in writing within a reasonable time after such fact is determined. Department shall terminate this contract and will not be liable for failure to make payments to Contractor under this contract. 2. Department shall not be liable to Contractor for any costs incurred by Contractor, or any portion thereof, which has been paid to Contractor or is subject to payment to Contractor, or has been reimbursed to Contractor or is subject to reimbursement to Contractor by any source other than Department or Contractor. 3. Department shall not be liable to Contractor for any costs incurred by Contractor which are not allowable costs, as set forth in Section 6 (B) of this contract. 4. Department shall not be liable to Contractor for any costs incurred by Contractor or for any performances rendered by Contractor which are not strictly in accordance with the terms of this contract, including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this contract. 5. Department shall not be liable to Contractor for any costs incurred by Contractor in the performance of this contract which have not been billed to Department by Contractor within sixty (60) days following termination of this contract unless otherwise provided for in the Certificate of Completion referred to in Section 8 (C) of this contract. 6. Department shall not be liable for costs incurred or performances rendered by Contractor before commencement of this contract or after termination of this contract, except as may t>e specifically set forth iri Exhibit B, Budget, of this contract. B. Excess Payments Contractor shall refund to Department any sum of money which has been paid to Contractor by Department, which Department determines has resulted in overpayment to Contractor, or which Department determines has not been spent by Contractor strictly in accordance with the terms of this contract. Such refund shall be made by Contractor to Department within thirty (30) working days after such refund is requested by Department. C. Limit of Liability Notwithstanding any other provision of this contract, the total of all payments and other obligations incurred by Department under this contract shall not exceed the sum of Two Hundred Fifty Thousand and No /100 Dollars ($250,000). SECTION 5. METHOD OF PAYMENT A. Contractor shall submit to Department at its offices in Travis County, Texas, a properly completed Request for Advance or Reimbursement Form 270, as specified by Department, as often as actually needed. Department shall determine the reasonableness of each amount requested and shall not make disbursement of any such payment until Department has reviewed and approved such Request. B. Contractor's requests for advance shall be limited to the minimum amounts needed for effective operation of programs under this contract, and shall be Gmed as closely as possible to be in accord with actual cash requirements. Contractor shall establish procedures to minimize the time elapsing between Page 2 of 12 221 the transfer of funds from Department to Contractor and shall ensure that such funds are disbursed as soon as administratively possible. C. 1twithstanding the provisions of Section 5 (A) of this contract, it is expressly understood and agf J by the parties hereto that payments under this contract are contingent upon Contractors full anc, atisfactory performance of its obligations under this contract._ D. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section 5 or in any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract or under any provision of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND PROGRAM INCOME A. Except as specifically modified by law or the provisions of this contract, Contractor shall comply with the Regulations and, for matters not addressed therein, with Office of Management and Budget (OMB) Circular A -102, as revised January 1981, in performing this contract. The allowability of costs incurred for performances rendered hereunder shall be determined in accordance with OMB Circular A -87, as supplemented by the rules promulgated by the Office of the Govemor under the Uniform Grant and Contract Management Act of 1981 (TEX. GOVT. CODE ANN. Chapter 783), and this contract. B. Contractor shall comply with the requirements set forth in Section 570.489(e) of the Regulations to account for program income related to activities financed in whole or in part with funds provided under thi! >ntract. 1. Contractor shall maintain records of the receipt, accrual, and disposition of all program income in the same manner as required for all other funds under this contract, and Contractor shall provide reports of program income to Department with each form submitted by Contractor in accordance with Section 5 of this contract, and at the termination of this contract. 2. Program income eamed by Contractor during the period of this contract shall be retained by Contractor and utilized by Contractor to fund performances specified in this contract, in the manner specified hereunder, prior to requesting additional funds from Department. 3. At least sixty (60) days prior to the termination of this contract, Contractor shall submit a plan to Department for its approval which specifies the manner in which Contractor proposes to use any unexpended program income eamed under this contract to continue the performance specified in this contract in the manner specified hereunder. Any program income earned by the Contractor from this contract, prior to the establishment and approval of a Revolving Loan Fund plan by Contractor must be returned to Department. In the event Department does not approve the plan submitted by Contractor, Contractor shall return such program income to Department within thirty (30) working days after receipt of Department's notification of disapproval. SECTION 7, RETENTION AND ACCESSIBILITY OF RECORDS A. contractor shall maintain fiscal records and supporting documentation for all expenditures of funds ma under this contract in a manner which conforms to OMB Circular A -87, Section 570.490 of the Rey ations, and this contrail. Such records must include data on the racial, ethnic, and gender Page 3 of 12 222 characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under this contract. Contractor shall retain such records, and any supporting documentation, for the greater of three years from closeout of this contract or the period required by other applicable laws and regulations as described in the Regulations. B. Contractor shall give the United States Department of Housing and Urban Development, the Inspector General, the General Accounting Office, the Auditor of the State of Texas, and Department, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by Contractor pertaining to this contract. Such rights to access shall continue as long as the records are retained by Contractor. Contractor agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Open Records Act. C. Contractor shall include the substance of this Section 7 in all subcontracts. SECTION 8. REPORTING REQUIREMENTS A. Contractor shall submit to Department such reports on the operation and performance of this contract as may be required by Department including but not limited to the reports specified in this Section 8. B. Contractor shall submit to Department no later than the twentieth (20th) day of the month after the end of each calendar quarter of the contract period specified in Section 2 a Quarterly Progress Report of the progress, in narrative form, of all construction and nonconstruction activities by budget categories performed pursuant to Exhibit A, Performance Statement, and of the expenditures and obligations of funds by budget category made pursuant to Exhibit B, Budget, of this contract. The Quarterly Progress Report shall be in a format prescribed by Department and shall include all such activities, expenditures, and obligations made or performed under this contract during the previous quarter. C. Contractor shall submit a Certificate of Completion to Department no later than sixty (60) days after the contract termination date or at the conclusion of all contract activities as determined by Department. The Certificate of Completion shall be in a format prescribed by Department and shall include a final Project Completion Report of all activities performed under this contract. D. In addition to the limitations on liability otherwise specified in this contract, it is expressly understood and agreed by the parties hereto that if Contractor fails to submit to Department in a timely and satisfactory manner any report required by this contract, Department may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Contractor hereunder. If Department withholds such payments, it shall notify Contractor in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by Department until such time as the delinquent obligations for which funds are withheld are fulfilled by Contractor. SECTION 9. MONITORING Department reserves the right to perform periodic on -site monitoring of Contractor's compliance with the terms and conditions of this contract, and of the adequacy and timeliness of Contractor's performances under this contract. After each monitoring visit, Department shall provide Contractor with a written report of the monitor's findings. If the monitoring reports notes deficiencies in Contractors performances under the terms of this contract, the monitoring report shall include requirements for the timely correction of such deficiencies by Contractor. Failure by Contractor to take action specified in Page 4 of 12 223 the monitoring report may be cause for suspension or termination of this contract, as provided in _Sections 17 and 18 of this contract. =CTION 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed by the parties hereto that Department is contracting with Contractor as an Independent Contractor, and that Contractor, as -such, agrees to hold Department harmless and to indemnify Department from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by Contractor under this contract. SECTION 11. SUBCONTRACTS A. Except for subcontracts to which the federal labor standards requirements apply, Contractor may subcontract for performances described in this contract without obtaining Department's prior written approval. Contractor shall only subcontract for performances described in this contract to which the federal labor standards requirements apply after Contractor has submitted a Subcontractor Eligibility form, as specified by Department, for each such proposed subcontract, and Contractor has obtained Department's prior written approval, based on the information submitted, of Contractor's intent to enter into such proposed subcontract. Contractor, in subcontracting for any performances described in this contract, expressly understands that in entering into such subcontracts, Department is in no way liable to Contractor's subcontractor(s). �. In no event shall any provision of this Section 11, specifically the requirement that Contractor obtain apartment's prior written approval of a subcontractor's eligibility, be construed as relieving Contractor the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this contract, as if such performances rendered were rendered by Contractor. Department's approval under Section 11 does not constitute adoption, ratification, or acceptance of Contractor's or subcontractor's performance hereunder. Department maintains the right to insist upon Contractors full compliance with the terms of this contract, and by the act of approval under Section 11, Department does not waive any right of action which may exist or which may subsequently accrue to Department under this contract. C. Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances for making procurements under this contract. D. Department shall maintain an escrow retainage in the amount of five percent (5%) of each construction or rehabilitation subcontract entered into by Contractor until Department determines that the Federal labor standards requirements applicable to each such subcontract have been satisfied. SECTION 12. CONFLICT OF INTEREST A. Contractor shall ensure that no employee, officer, or agent of Contractor shall participate in the selection, or in the award or administration of a subcontract supported by funds provided hereunder if a conflict of interest, real or apparent, would be involved. Such conflict of interest would arise when: 1) The employee, officer, or agent; 2) any member of his or her immediate family; 3) his or her partner, or, --Al any organization which employs, or is about to employ any of the above, has a financial or other terest in the firm or person selected to perform the subcontract. Contractor shall comply with Chapter 71, Local Government Code. Page 5 of 12 024 B. In all cases not governed by Subsection (A) of this Section, no persons specified in subsection (C) of this Section who exercise or have exercised any functions or responsibilities with respect to the activities assisted under this contract or any other CDBG contract or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest or benefit from the activity, or have any interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. C. The conflict of interest provisions of Subsection (B) apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Contractor or of a subcontractor of Contractor. D. Contractor shall include the substance of this section in all subcontracts. SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY A. Contractor shall ensure that no person shall on the ground of race, color, national origin, religion, sex, age, or handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under or be denied access to any program or activity funded in whole or in part with funds made available under this contract. B. None of the performances rendered by Contractor under this contract shall involve, and no portion of the funds received by Contractor under this nntract, shall be used in support of any sectarian or religious activity, nor shall any facilities used in the performance of this contract be used for sectarian instruction or as a place of religious worship. Contractor shall comply with regulations promulgated by the U.S. Department of Housing and Urban Development at 24 C.F.R. Sec. 570.2000). SECTION 14. LEGAL AUTHORITY A. Contractor assures and guarantees that Contractor possesses the legal authority to enter into this contract, receive funds authorized by this contract, and to perform the services Contractor has obligated itself to perform hereunder. B. The person or persons signing and executing this contract on behalf of Contractor, or representing themselves as signing and executing this contract on behalf of Contractor, do hereby warrant and guarantee that he, she or they have been duly authorized by Contractor to execute this contract on behalf of Contractor and to validly and legally bind Contractor to all terms, performances, and provisions herein set forth. C. Department shall have the right to suspend or terminate this contract if there is a dispute as to the legal authority of either Contractor or the person signing this contract to enter into this contract or to render performances hereunder. Contractor is liable to Department for any money it has received from Department for performance of the provisions of this contract, if Department has suspended or terminated this contract for reasons enumerated in this Section 14. SECTION 15. LITIGATION AND CLAIMS Contractor shall give Department immediate notice in writing of 1) any action, including any proceeding before an administrative agency, filed against Contractor arising out the performance of any subcontract hereunder, and 2) any claim against Contractor, the cost and expense of which Contractor Page 6 of 12 225 „jay be entitled to be reimbursed by Department. Except as otherwise directed by Department, Contractor shall furnish immediately to Department copies of all pertinent papers received by Contractor with respect to such action or claim. SECTION 16. CHANGES AND AMENDMENTS A. Except as specifically provided otherwise in this contract, any alterations, additions, or deletions to the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract. B. It is understood and agreed by the parties hereto that performances under this contract must be rendered in accordance with the Act, the Regulations, the assurances and certifications made to Department by Contractor, and the assurances and certifications made to the United States Department of Housing and Urban Development by the State of Texas with regard to the operation of the Texas Community Development Program. Based on these considerations, and in order to ensure the legal and effective performance of this contract by both parties, it is agreed by the parties hereto that the performances under this contract are amended by the provisions of the TCDP Project Implementation Manual and any amendments thereto and may further be amended in the following manner. Department may from time to time during the period of performance of this contract issue policy directives which serve to establish, interpret, or clarify performance requirements under this contract. Such policy directives shall be promulgated by the Director of the TCDP in the form of TCDP ssuances, shall have the effect of qualifying the terms of this contract and shall be binding upon ,ontractor, as if written herein, provided however that said policy directives and any amendments to said Manual shall not alter the terms of this contract so as to release Department of any obligation specified in Section 4 of this contract to reimburse costs incurred by Contractor prior to the effective date of said amendments or policy directives. C. Any alterations, additions, or deletions to the terms of this contract which are required by changes in Federal or state law or regulations are automatically incorporated into this contract without written amendment hereto, and shall be come effective on the date designated by such law or regulation. D. Notwithstanding Subsection A of this Section 16, Contractor may make transfers of funds between or among budget categories of Exhibit B, Budget, without requiring an amendment to this contract, or otherwise requiring Department's prior written approval provided that: 1. The cumulative dollar amount of all transfers among direct budget categories is equal to or less than five percent (5 %) of the total amount of this contract as specified in Section 4 (C) herein; 2. The transfer will not change the scope or objective of the projects funded under this contract; and 3. Contractor submits a budget revision report to Department, on a form specified by Department, simultaneously with the submission of Contractor's first Request for Advance Form 270 following any such transfers made in accordance with this Subsection D. SECTION 17. SUSPENSION Notwithstanding the provisions of TEX. GOVT. CODE ANN. Chapter 2251, in the event Contractor fails to comply with any term of this contract, Department may, upon written notification to Contractor, suspend this contract in whole or in part and withhold further payments to Contractor, and prohibit Contractor from incurring additional obligations of funds under this contract_ Page 7 of 12 226 SECTION 18. TERMINATION A. Department shall have the right to terminate this contract, in whole or in part, at any time before the date of completion specified in Section 2 of this contract whenever Department determines that Contractor has failed to comply with any term of this contract. Department shall notify Contractor in writing prior to the thirtieth (30th) day preceding the date of termination of such determination; the reasons for such termination; the effective date of such termination; and in the case of partial termination, the portion of the contract to be terminated. B. Either of the parties to this contract shall have the right to terminate this contract, in whole or in part, when both parties agree that the continuation of the activities funded under this contract would not produce beneficial results commensurate with the further expenditure of funds; provided that both parties agree, in writing, upon the termination conditions, including the effective date of such termination; and in the case of partial termination, the portion of the contract to be terminated. C. Upon termination or receipt of notice to terminate, whichever occurs first, Contractor shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of this contract or the part of this contract to be terminated, and shall cease to incur costs thereunder. Department shall not be liable to Contractor or to Contractor's creditors for costs incurred after termination of this contract. D. Notwithstanding any exercise by Department of its right of suspension under Section 17 of this contract, or of early termination pursuant to this Section 18, Contractor shall not be relieved of any liability to Department for damages due to Department by virtue of any breach of this contract by Contractor. Department may withhold payments to Contractor until such time as the exact amount of damages due to Department from Contractor is agreed upon or is otherwise determined. SECTION 19. AUDIT A. Unless otherwise directed by Department, Contractor shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this contract, subject to the following conditions and limitations: 1. Contractor shall have an audit made in accordance with the Single Audit Act of 1984, 31 U.S.C. Sec. 7501 et. seq., and OMB Circular No. 128, "Audits of State and Local Governments ", and the implementing regulations at 24 CFR Part 44, for any of its fiscal years included within the contract period specified in Section 2 of this contract in which Contractor receives more than $25,000 in Federal financial assistance. For purposes of this Section 19, "Federal financial assistance" means assistance provided by a Federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does not include direct federal cash assistance to individuals. The term includes awards of Federal financial assistance received directly from Federal agencies, or indirectly through other units of State and local government; 2. At the option of Contractor, each audit required by this section may cover either Contractor's entire operations or each department, agency, or establishment of Contractor which received, expended, or otherwise administered federal funds; 3. Notwithstanding Section 4 (a)(5) and Section 4 (a)(6), Contractor shall utilize funds budgeted under this contract to pay for that portion of the cost of such audit services property allocable to the activities funded by Department under this contract, provided however that Department shall not make Page 8 of 12 227 payment for the cost of such audit services until Department has received a satisfactory audit report as d— rmined by Department, from Contractor, 4 Unless otherwise specifically authorized by Department in writing, Contractor shall submit the report of such audit to Department within thirty (30) days after completion of the audit, but no later than one (1) year after the end of each fiscal period included within the period of this contract. Contractor shall ensure that the audit report is made available for public inspection within thirty (30) days after completion of the audit. Audits performed under Subsection A of this Section 19 are subject to review and resolution by Department or its authorized representative. 5. The audit report must include verification of all expenditures by budget category including local funds, in accordance with Exhibit B, Budget, of this contract. B. Notwithstanding Subsection A of this Section 19, Department reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under this contract. Contractor agrees to permit Department or its authorized representative to audit Contractor's records and to obtain any documents, materials, or information necessary to facilitate such audit. C. Contractor understands and agrees that it shall be liable to Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this contract. Contractor further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Contractor from funds which were not provided cr otherwise made available to Contractor under this contract. Contractor shall take such action to'facilitate the performance of such audit or audits conducted suant to this Section 19 as Department may require of Contractor. SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS A. Contractor understands and agrees that by the execution of this contract Contractor shall assume the responsibilities for environmental review, decision making, and other action which would otherwise apply to Department under Section 5304(f) of the Act, in accordance with and to the extent specified in 24 C.F.R. Part 58. In accordance with Section 58.77(b) of such regulations, Contractor further understands and agrees that Contractor shall handle inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. B. Funds provided under this contract may be obligated and expended before the actions specified in this Section occur only for the following eligible activities: 1. The payment of reasonable planning and administrative costs related to the project; 2. Environmental studies, including environmental clearance activities required by this Section; and 3. The payment or reimbursement of reasonable project engineering and design costs incurred for this project. C. Contractor shall prepare a written Environmental Assessment of its activities in accordance with 24- F.R. Part 58, Subpart F, and the TCDP Project Implementation Manual. Contractor must then follow steps specified in this subsection to ensure compliance with the National Environmental Policy Act ,_EPA). When the Environmental Assessment is completed, Contractor must follow one of the following two (2) procedures. The first is a Finding of Significant Impact, in which the Request for Page 9 of 12 228 Release of Funds for the project is an action which may significantly affect the quality of the human environment. If this is the case, Contractor must then prepare an Environmental Impact Statement is accordance with Subpart H or Subpart I of 24 C.F.R. Part 58. The second and more common procedure must be followed for all projects not requiring an Environmental Impact Statement. Contractor in this instance must publish, in the manner prescribed in 24 C.F.R. Sections 58.43 and 58.44, a combined legal notice in a single publication: A Finding of No Significant Impact, and a Notice of Intent to Request Release of Funds. In the first part of this notice, Contractor certifies that, as a result of the Environmental Assessment, the project is not an action which may or will significantly affect the quality of the human environment. Contractor shall then provide the public with at least fifteen (15) calendar days to comment on this combined notice following its publication date, unless exceptional circumstances exist as specified in 24 C.F.R. Section 58.46. If no unresolved problems occur, Contractor must then concurrently submit to Department the following documents: 1) a Publishers Affidavit and Certification form, for the combined legal notice; and 2) a Request for Release of Funds form. Upon receipt of such documents, Department must allow a fifteen (15) calendar days comments period to expire before it can formally release any project funds which are subject to the environmental review regulations. Contractor must comply with all other applicable environmental requirements as specified in Exhibit D of this contract. Contractor shall document its compliance with such other requirements in its environmental review file. SECTION 21. CITIZEN PARTICIPATION REQUIREMENTS A. Contractor shall provide for and encourage citizen participation, particularly by low and moderate income persons who reside in slum or blighted areas and areas in which the funds provided under this contract are used, in accordance with Section 570.486 of the Regulations and this contract; B. Contract shall hold a public hearing concerning any activities proposed to be added, deleted, or substantially changes, as determined by the Department, from the activities specified in Exhibit A, Performance Statement, of this contract; C. Prior to the termination of this contract, Contractor shall hold a public hearing to review its performance under this contract; D. For each public hearing scheduled and conducted by Contractor under this section, Contractor shall comply with the following requirements: 1. Notice of each hearing shall be published in the non -legal section of a newspaper having general circulation in Contractors jurisdiction at least seventy-two (72) hours prior to each scheduled hearing. The published notice shall include the date, time, and location of each hearing and the topics to be.considered at each hearing. The published notice shall be printed in both English and Spanish, if appropriate. Department shall accept articles published in such newspapers which satisfy the content and timing requirements of this subsection. In addition, Contractor shall prominently post such notices in public buildings and distributed to interested community groups. 2. One of the public hearings shall be held after 5 p.m. on a weekday or on a Saturday and both hearings must be conducted at a location convenient to potential or actual beneficiaries, with accommodation for the handicapped. Page 10 of 12 229 ..�...���. _ ............. _ 3. When a significant number of non - English speaking residents can reasonably be expected to p; cipate in a public hearing, Contractor shall provide an interpreter to accommodate the needs of the non - English speaking residents. E. Notwithstanding the provisions of Section 7 of this contract, Contractor shall retain documentation of the public hearing notices, a list of the attendees at each hearing, and minutes of each hearing held in accordance with this section for a period of three (3) years after the termination of this contract Contractor shall make such records available to the public in accordance with TEX. GOVT. CODE ANN. Chapter 552. F. Complaint Procedures. Contractor shall maintain written citizen complaint procedures that provide a timely written response to complaints and grievances. Such procedures shall comply with the requirements of the Texas Community Development Program Complaint System, 10 TAC Sec. 1.11 - 1.13. Contractor shall ensure that its citizens are aware of the location and hours at which they may obtain a copy of the written procedures and the a,-:dress and phone number for submitting complaints. SECTION 22. SPECIAL CONDITIONS A. Department shall not release any funds for any costs incurred by Contractor under this contract until Department has received a copy of Contractor's previous fiscal year audit report or certification from Contractor that its fiscal control and fund accounting procedures are adequate to assure the proper disbursal of and accounting for funds provided under this contract. Department shall specify the a-t9nt and form of such certification. B epartment shall not be liable to Contractor for any costs incurred by Contractor under this contract until Department receives a property completed Depository/Authorized Signators Form, as specified by Department, from Contractor. C. Contractor shall not advertise or solicit bids for construction or rehabilitation of a project assisted with funds provided under this contract until Contractor has received the applicable prevailing wage rates from Department. D. In accordance with Section 18 of this contract, this contract shall terminate six (6) months after the commencement date specified in Section 2 unless activities funded under this contract have begun by such date. SECTION 23. DEBARMENT By signing this contract, Contractor certifies that it will not award any funds provided under this contract to any party which is debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 24 CFR Part 24. Contractor shall receive the certification provided by the Department from each proposed subcontractor under this contract and its principals. SECTION 24. ORAL AND WRITTEN AGREEMENTS A. 'I oral and written agreements between the parties to this contract relating to the subject matter of thi ontract that were made prior to the execution of this contract have been reduced to writing and are contained in this contract Page 11 of 12 B. The attachments enumerated and denominated below are hereby made a part of this contract, and constitute promised performances by Contractor in accordance with Section 3 of this contract. 1. Exhibit A, Performance Statement, 2 Pages 2. Exhibit B, Budget, 2 Pages 3• Exhibit C, Project Implementation Schedule, 1 Page 4. Exhibit D, Applicable Laws and Regulations, 2 Pages 5. Exhibit E, Certifications, 2 Pages SECTION 25. VENUE For purposes of litigation pursuant to this contract, venue shall lie in Travis County, Texas. WITNESS OUR HANDS EFFECTIVE April 11, 1994. Michael Malone, City Manager City of Paris Approved and accepted on behalf of the Texas Department of Housing and Community Affairs. Henry Flores, Executive Director Texas Department of Housing and Community Affairs This contract is not effective unless signed by the Executive Director of the Texas Department of Housing and Community Affairs or by his /her authorized designee. Page 12 of 12 231 EXHIBIT A PERFORMANCE STATEMENT City of Paris Contractor shall carry out the following activities in the target area identified on the map in its 1993 Community Development Fund application. The term "contract funds" means funds provided by Department to Contractor under this contract. Street Improvements Contractor shall install eight thousand one hundred linear feet (8,100 U.) of curb /gutter, asphalt surface, and concrete driveway approaches at the following locations: STREET FROM TO Henderson St. 3rd N.E. 5th N.E. Garrett St. 3rd N.E. 5th N.E. 5th N.E. Garrett St. MILK Drive 6th N.E. MILK Drive Hickory St. 7th N.E. T.G. Givens School Hickory St. Williams St. 6th N.E. dead end These activities shall benefit ninety -nine (99) persons, of which eighty-eight (88) or eighty-nine percent (89%) are of low to moderate income. Contractor shall utilize One Hundred Eighty -six Thousand Nine Hundred Sixty -eight and No /100 Dollars ($186,968) of contract funds to complete these construction activities. Flood and Drainage Facilities Contractor shall install one thousand two hundred sixty linear feet (1,260 U.) of forty -eight inch (48 ") storm sewer on 6th N.E. from Martin Luther King Jr. Drive to Hickory Street with nine (9) storm sewer inlets. These activities shall benefit ten (10) persons, of which ten (10) or one hundred percent (100 %) are of low to moderate income. Contractor shall utilize Sixty -three Thousand Thirty -two and No /100 Dollars ($63,032) of contract funds and Seventy-four Thousand Six Hundred Sixty -eight and No /100 Dollars ($74,668) of local funds to complete these construction activities. Engineerinq Contractor shall utilize Thirty -three Thousand Eight Hundred Fifty -six and No /100 Dollars ($33,856) of local funds to pay for all eligible project- related engineering services, including preliminary and final design plans and specifications, all interim and final inspections, and all special services. Page 1 of 2 232 Administration Contractor shall utilize Two Thousand Five Hundred Thirty -nine and No/100 Dollars ($2,539) of local funds to carry out all project administration activities, including the cost associated with the required annual program compliance and fiscal audit. It is further understood that any costs above the amount of contract funds incurred by Contractor for these activities shall be paid for with Iocal funds. Page 2 of 2 LINE CATEGORIES 1a. Water Facilities 1b. Sewer Facilities 2. Solid Waste Disposal Facilities 3. Other Public Utilities (Gas) 4. Street Improvements 5. Flood and Drainage Facilities 6. Neighborhood Facilities/ Community Centers 7. Senior Centers 8. Centers for the Handicapped/ Sheltered Workshops 9. Parks, Playgrounds, and Other Recreational Facilities 10. Fire Protection Facilities and Equipment 11. Parking Facilities 12. Pedestrian Malls and Walkways 13. Specially Authorized Assistance to Privately Owned Utilities 14. Specially Authorized Public Facilities and Improvements 15. Public Services (LIMITED TO 15% OF REQUEST) 16. Interim Assistance 17. Rehabilitation of Private Properties EXHIBIT B BUDGET _ City of Paris CONTRACT FUNDS $ 186,968 $ 63,032 $ $ $ $ $ $ $ Page 1 of 2 233 OTHER FUNDS TOTAL $ -0- $ 186,968 $ 74,668 $ 137,700 $ $ $ $ 234 Page 2 of 2 CONTRACT OTHER LINE CATEGORIES FUNDS FUNDS TOTAL 18. Rehabilitation of Public $ $ $ Residential Structures 19. Public Housing Modernization $ - $ $ 20. Clearance Demolition Activities $ $ $ 21. Historic Preservation $ $ $ 22. Removal of Architectural Barriers $ $ $ 23. Code Enforcement $ $ $ 24. ,acquisition $ $ $ 25. Relocation Payments & Assistance $ $ $ 26. Economic Development Loan $ $ $ 27. Economic Devel. Interest Subsidy $ $ $ 28. Economic Devel. Loan Guarantee $ $ $ 29. Special Activities by Local Devel $ $ $ Corporations, Etc. 30. Engineering /Architectural Serv. $ -0- $ 33,856 $ 33,856 (Total for all construction accounts) 31. Planning & Urban Env. Design $ $ $ (NOT TO EXCEED 16 %) 32. General Administration $ -0- $ 2,539 $ 2,539 TOTALS $ 250,000 $ 111,063 $ 361,063 Page 2 of 2 U F- m Z x w N �v CL `o 'v v N X X Cl) N N X X N X X T N O x x N X xX T T T T T N X X X T X X xX T X X X co x x t-- X x X cn X X X tn x X X X C0 x x x N x X X T X x a� M c M 0 v ro c U U 0 O i N f9 h O C Q C (0 »= O 0 C -0 y U N E O C U ro C O U o m c o o p O •U ) m � E [L m y 7 c � a U O C N 7 � m C O O �O E C C c y C E t4 °' m a m O w cn E cn as Q —° E c .ls c > 2 V) ve Q N c m _. > c�c c -c m v 7 a w a U m U c C7 w tD �TT QV/ v 0 Z 5 c Z a w Q F-- U Q F- U Z O w F- Q o �r T Q _ F- r- U a Q Q Z O U EXHIBIT D THE APPLICABLE LAWS AND REGULATIONS Contractor shall comply with the Act and Regulations specified in Section 3 of this contract and with the OMB Circulars specified in Section 6 of this contract; Cash Management Improvement Act regulations (31 C.F.R. Part 205); and with all other federal, state, and local laws and regulations applicable to the activities and performances rendered by Contractor under this contract including but not limited to the laws, and the regulations promulgated thereunder specified in Section I through VI of this Exhibit D. CIVIL RIGHTS Title VI of the Civil Rights Act of 1964, (42 U.S.C. Section 2000d et.seq.); 24 C.F.R. Part I, "Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development - Effectuation of Title VI of the Civil Rights Act of 1964 "; Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. Sec 3601 et seq.), as amended; Executive Order 11063, as amended by Executive Order 12259, and 24 C. F.R. Part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063 ". The failure or refusal of Contractor to comply with the requirements of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R. 107.60; The Age Discrimination Act of 1975 (42 U.S.C. Sec. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794.) and "Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities of the Department of Housing and Urban Development ", 24 C.F.R. Part 8. By signing this contract, Contractor understands and agrees that the activities funded herein shall be operated in accordance with 24 C.F.R. Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C. Sec. 4151 et. seq.), including the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system. LABOR STANDARDS The Davis -Bacon Act, as amended (40 U.S.C. Secs. 276a - 276a -5); The Contract Work Hours & Safety Standards Act (40 U.S.C. 327 et.seq.); The Copeland "Anti- Kickback" Act (18 U.S.C. Sec. 874). EMPLOYMENT OPPORTUNITIES Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec.! 701u). IV. LEAD -BASED PAINT Section 302 of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831(b)) and the procedures established by the Department thereunder. Page 1 of 2 P 3 7 J. ENVIRONMENTAL STANDARDS nvironmental Review Procedures for Title I Community Development Block Grant Programs, 24 C.F.R. Part -)8; -Jational Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et. seq.) and 40 C.F.R. Parts 1500 -1508, The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et. seq.) as amended; particularly Section 106 (16 U.S.C. Sec.470f); xecuUve Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 36 Fed. Reg. 8921), particularly Section 2(c); The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly Section 3 (16 U.S.C. Sec. 469a -1), as amended by the archeological and Historic Preservation Act of 1974; =food Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 eL seq.) as amended, particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 4012a (a) and Sec. 4106(a)); xecuUve Order 11988, Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951), particularly Section 2(a); xecutive Order 11990, Protection of Wetlands, May 24, 1977 (42 Fed. Reg. 26961), particularly Sections 2 and 5; The Coastal Zone Management Act of 1972, (16 U.S.C. Sec. 1451 et seq) as amended, particularly Section 307(c) and (d) (16 U.S.C. Sec. 1456(c) and (d)); The Safe Drinking Water Act of 1974, (42 U.S.C. Sec. 201, 300(1) et seq.), and (21 U.S.C. Sec. 349) 3s amended, particularly Section 1424 (e) (42 U.S.C. Sec.300h- 303(e)); The Endangered Species Act of 1973, (16 U.S.C. Sec. 1531 et seq.) as amended, particularly Section 7 (16 J.S.C. Sec. 1536); The Wild and Scenic Rivers Act of 1968, (16 U.S.C. Sec. 1271 et seq.) as amended, particularly Section 7(b) and (c)(16 U.S.C. Sec. 1278(b) and (c)); The Clean Air Act (41 U.S.C. Sec. 7401 et seq.) as amended, particularly Section 176(c) and (d) ;42 U.S.C. Sec. 7506(c) and (d)); 24 C.F.R. Part 51, Environmental Criteria and Standards. JI. ACQUISITION /RELOCATION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sec. 4601 et. seq.), 49 C.F.R. Part 24, and 24 C.F.R. Section 570.496a. Page 2 of 2 238 EXHIBIT E CERTIFICATIONS I, Michael Malone, CityManager, City of Paris CERTIFY WITH RESPECT TO THE EXPENDITURE OF FUNDS PROVIDED UNDER THIS CONTRACT BY THE City of Paris, THAT; (1) IT WILL MINIMIZE DISPLACEMENT OF PERSONS AS A RESULT OF ACTIVITIES ASSISTED WITH SUCH FUNDS; (2) THE PROGRAM WILL BE CONDUCTED AND ADMINISTERED IN CONFORMITY WITH THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. SEC. 2000a et seq.) AND THE FAIR HOUSING ACT (42 U.S.C. SEC 3901 et. seq.), AND THAT IT WILL AFFIRMATIVELY FURTHER FAIR HOUSING, AS SPECIFIED BY DEPARTMENT; (3) IT WILL PROVIDE FOR OPPORTUNITIES FOR CITIZEN PARTICIPATION, HEARINGS AND ACCESS TO INFORMATION WITH RESPECT TO ITS COMMUNITY DEVELOPMENT PROGRAMS, AS SPECIFIED BY DEPARTMENT; (4) IT WILL NOT ATTEMPT TO RECOVER ANY CAPITAL COSTS OF PUBLIC IMPROVE- MENTS ASSISTED IN WHOLE OR IN PART WITH SUCH FUNDS BY ASSESSING ANY AMOUNT AGAINST PROPERTIES OWNED AND OCCUPIED BY PERSONS OF LOW AND MODERATE INCOME, INCLUDING ANY FEE CHARGED OR ASSESSMENT MADE AS A CONDITION OF OBTAINING ACCESS TO SUCH PUBLIC IMPROVEMENTS UNLESS (A) SUCH FUNDS ARE USED TO PAY THE PROPORTION OF SUCH FEE OR ASSESSMENT THAT RELATED TO THE CAPITAL COSTS OF SUCH PUBLIC IMPROVEMENTS THAT ARE FINANCED FROM REVENUE SOURCES OTHER THAN SUCH FUNDS; OR (B) FOR PURPOSES OF ASSESSING ANY AMOUNT AGAINST PROPERTIES OWNED AND OCCUPIED BY PERSONS OF MODERATE INCOME, CONTRACTOR CERTIFIES THAT IT LACKS SUFFICIENT FUNDS UNDER THIS CONTRACT TO COMPLY WITH THE REQUIREMENTS OF CLAUSE (A). (5) IN THE EVENT THAT DISPLACEMENT OF RESIDENTIAL DWELLINGS WILL OCCUR IN CONNECTION WITH A PROJECT ASSISTED WITH TCDP FUNDS, IT WILL FOLLOW A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN, AS SPECIFIED BY THE DEPARTMENT. (6) IT SHALL ADOPT AND ENFORCE A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES WITHIN ITS JURISDICTION AGAINST ANY INDIVIDUAL ENGAGED IN NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS AND A POLICY OF ENFORCING APPLICABLE STATE AND LOCAL LAWS AGAINST PHYSICALLY BARRING ENTRANCE TO OR EXIT FROM A FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH NONVIOLENT CIVIL RIGHTS DEMONSTRATION WITHIN ITS JURISDICTION. Name Page 1 of 2 Date CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS Tt UNDERSIGNED City of Paris CERTIFIES, TO THE BEST OF ITS KNOWLEDGE AND BELIEF, THAT: (1) NO FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE PAID, BY OR ON BEHALF OF THE UNDERSIGNED, TO ANY PERSON FOR INFLUENCING OR ATTEMPT -ING TO INFLUENCE AN OFFICER OR EMPLOYEE OF AN AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THE AWARDING OF ANY FEDERAL CONTRACT, THE MAKING OF ANY FEDERAL GRANT, THE MAKING OF ANY FEDERAL LOAN, THE ENTERING INTO OF ANY COOPERATIVE AGREEMENT, AND THE EXTENSION, CONTINUATION, RENEWAL, AMENDMENT, OR MODIFICATION OF ANY FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT. (2) IF ANY FUNDS OTHER THAN FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE PAID TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF ANY AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THIS FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT, THE UNDERSIGNED SHALL COMPLETE AND SUBMIT STANDARD FORM - LLL, "DISCLOSURE FORM TO REPORT LOBBYING ", IN ACCORDANCE WITH ITS INSTRUCTIONS. (3) THE UNDERSIGNED SHALL REQUIRE THAT THE LANGUAGE OF THIS CERTIFICATION BE INCLUDED IN THE AWARD DOCUMENTS FOR ALL SUBAWARDS AT ALL TIERS (INCLUDING SUBCONTRACTS, SUBGRANTS, AND CONTRACTS UNDER GRANTS, LOANS, AND COOPERATIVE AGREEMENTS) AND THAT ALL SUBRECIPIENTS SHALL CERTIFY AND DISCLOSE ACCORDINGLY. THIS CERTIFICATION IS A MATERIAL REPRESENTATION OF FACT WHICH RELIANCE WAS PLACED WHEN THIS TRANSACTION WAS MADE OR ENTERED INTO. SUBMISSION OF THIS CERTIFICATION IS A PREREQUISITE FOR MAKING OR ENTERING INTO THIS TRANSACTION IMPOSED BY SECTION 1352, TITLE 31, U.S. CODE. ANY PERSON WHO FAILS TO FILE THE REQUIRED CERTIFICATION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN $10,000 AND NOT MORE THAN $100,000 FOR EACH SUCH FAILURE. SIGNED: DATE: NAME TITLE (MAYOR/JUDGE) Page 2 of 2 Resolution No. 94 -062, resolving that the City of Paris give notice of intention to issue Tax and Certificates of Obligation in the amount of $5,500,000.00 for paying all or a portion of the City's contractual obligations for improving and extending the City's Waterworks and Sewer System, and for paying legal, fiscal and engineering fees in connection with this project, was presented. A motion was made by Councilman Clifford, seconded by Councilman Jenkins for adoption of the resolution. The motion carried 6 ayes, 0 nays. 240 RESOLUTION NO. 94 -062 NN'IIEREAS, the City of Paris deems it advisable to give notice of intention to issue Tax and Certificates of Obligation in the amount of $5,500,000.00 for paying all or a portion of the City's contractual obligations for improving and extending the City's Waterworks and Sewer System, and for paying legal, fiscal and engineering fees in connection with this project; and, WHEREAS, it is hereby officially found and determined that said meeting was open to the public and public notice of the time, place, and purpose of said meeting was given, all as required by the Local Government Code, Chapter 551; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That attached hereto is a form of the Notice of Intention to Issue Certificates of Obligation, the form and substance of which is hereby adopted and approved. 2. That the City Clerk shall cause said notice to be published in substantially the form attached hereto, in a newspaper of general circulation in said City, and published in said City, on the same day in each of two consecutive weeks, the date of the first publication thereof to be at least 14 days prior to the time set for the issuance of such Certificates of Obligation as shown in said notice. 3. That this Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED the 13th day of .tune, 1994. n ielton, M or ATTEST: Mattie Cunningham, City C rk APPROVED A$, TO FORM: . K. Hhyn6�, CAy Attorney 241 .._.......... ....+.....,......---------- ._'. __.._.___ -___ _ _.._.__._.__.._... LEGAL NOTICE PUBLISH TWICE THURSDAY, June 23, 1994 THURSDAY, June 30, 1994 CITY OF PARIS NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 1994 The City of Paris does hereby give notice of intention to issue Certificates of Obligation, Series 1994, in the maximum principal amount not to exceed $5,500,000, for paying all or a portion of the City's contractual obligations for the purpose of improving and extending the Waterworks and Sewer System, and for paying legal, fiscal, and engineering fees in connection with this project. The City proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the City as provided by law, and from the Surplus Revenues of the City's Waterworks and Sewer System, after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with all of the City's revenue bonds or other obligations (now or hereafter outstanding) which are payable from all or any part of the Net Revenues of the City's Waterworks and Sewer System. The City Council intends to pass an Ordinance authorizing the issuance of City of Paris, Texas Certificates of Obligation, Series 1994, at a Special Meeting to be held at 6:00 P.M., on July 18, 1994, in the City Council meeting room of City Hall. Don Shelton, Mayor Resolution No. 94 -063, approving the Professional Service Contract for delinquent tax collection, by and between the City of Paris and Thomas E. Hunt, III, and authorizing the Mayor of the City of Paris, Don Shelton to execute the Professional Service Contract, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 6 ayes, 0 nays. 242 RESOLUTION NO. 94 -063 WIIEREAS, the City Council of the City of Paris did heretofore in Resolution No. 88- 044a1-1thorize a 15 % penalty to be added to the delinquent tax accounts in accordance with Section 33.07 of the Texas Property Tax Code; and, WIIEREAS, in order to add the 15 % penalty to tax accounts.which are delinquent on July 1 of a year, it is necessary for the governing body to direct that the same be added thereto and that the governing body enter into contract with an attorney for the purpose of collection of the delinquent tax accounts; and, WIIEREAS, the City Council of the City of Paris deems it to be in the best interest of the citizens of Paris to engage Thomas E. Hunt, III, as delinquent tax collection attorney using the professional service contract in the form attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Professional Service Contract for delinquent tax collection, by and between the City of Paris and Thomas E. Hunt, II1, dated June 13, 1994, attached hereto as Exhibit A, is hereby approved; and, BE IT FURTIIER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the Professional Service Contract for delinquent tax collection with Thomas E. Hunt, iII. PASSED AND ADOPTED this 13th day of June, 1994. a ya � !-, Don Shelton, Wayor ATTEST: Mattie Cunningham, C4ye rk APPROVED: PROFESSIONAL SERVICE CONTRACT STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } 243 This contract, entered into this 13th day of June, 1994, by and between the City of Paris, a municipal corporation of Lamar County, Texas, hereinafter referred to as CITY, and Thomas E. Hunt, III, an attorney licensed to practice law by the State Bar of Texas, a citizen of the City of Paris, Larnar County, Texas, hereinafter called HUNT, wherein the parties contract and agree as follows: 1. That HUNT agrees to serve as Delinquent Tax Collection Attorney from July 1, 1994, through June 30, 1996, performing those duties in accordance with the Texas Property Tax Code. 2. That CITY agrees to pay HUNT for his services as Delinquent Tax Collection Attorney, fifteen percent (15 %) of additional penalty assessed against ad valorem taxes payable to CITY and delinquent on July 1, 1994, and each year thereafter, and all other attorney fees permitted to be charged by the Texas Property Tax Code upon which tax suits have been filed. IN WITNESS WHEREOF, the parties hereto have caused the contract to be executed this 13th day of June, 1994. ATTEST: Mattie Cunningham, City Clerk — APPROVED AS TO FORM: T. K. Haynes, City Attorney Don Shelton, Mayor Thomas E. Hunt, III r- wi iIn * -r A STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Don Shelton, Mayor of the City of Paris, known to me to be the person whose name is -- subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of June, 1994. Notary Public, State of Texas STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Thomas E. Hunt, III, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of June, 1994. CONTRACT:TAXATTY.CTR Notary Public, State of Texas 245 City Manager Malone announced that the next item on the agenda was a resolution awarding bid and authorizing the execution of all necessary documents for furnishing and delivery of one (1) Type I, Class I Ambulance Cab - Chassis and Remount for the Emergency Medical Services Department. City Manager Malone said bids were released to over ten ambulance manufacturers across the Southeastern U. S., and we had two to respond, Taylor Made Ambulance of Newport, Arkansas, total bid quote $43,650.00, trade in allowance $2,000.00, actual bid $41,650.00; Wheeled Coach Company, Mansfield, Texas, $43,520.00, trade in allowance $2,750.00, actual bid $40,770.00. City Manager Malone said the low bid does meet specification, and recommended that it be accepted. Resolution No. 94 -064, awarding the bid for one 1994 Type 1, Class 1 Ambulance Cab - Chassis and Remount for the Emergency Medical Services Department in the amount of $43,520.00 to Wheeled Coach Company, and further directed the City Manager, Michael E Malone to execute on behalf of the City of Paris the documents required for said ambulance remount, was presented. A motion was made by Councilman Fulbright, seconded by Councilwoman McDonald for approval of the resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 94 -064 WHEREAS, the City Council of the City of Paris, did in Ordinance No. 93- 045 on September 17, 1993, approve the advertisement for bids for Furnishing and delivery of one (1) 1994 Type I, Class I Ambulance Cab - Chassis and Remount for the Emergency Medical Services Department; which bids were received until 3:00 o'clock P.M., Tuesday, June 7, 1994; and, WHEREAS, the best bid for such ambulance remount was made by WHEELED COACH COMPANY, Mansfield, Texas, and it should be awarded the bid for such ambulance remount; NO«', TiIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid of WHEELED COACH COMPANY, for the Furnishing and delivery of one (1) 1994 Type I, Class I Ambulance Cab - Chassis and Remount for the Emergency Medical Services Department in the amount of $40,770.00 is hereby accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and lie is hereby authorized and directed to execute on behalf of the City of Paris the documents required for said ambulance remount; and, BE IT FURTHER RESOLVED, that the Director of Finance, W. E. Anderson, be, and lie is hereby directed to pay $40,770.00 upon installation and delivery of said ambulance remount. PASSED AND ADOPTED this lath day of June, 1994. Don Shelton, May r ATTEST: Mattie Cunningham, City C. erk APPROVED A TO FORM: T. K. Ilayn City Attorney Resolution No. 94 -065, awarding the bids for furnishing plan, labor, materials and equipment and performing all work required for the Booker T. Washington Project Area Curb and Gutter, Paving and Drainage Phase II, TCDP Contract No. 702471, project, to Drake Construction Company in the amount of $251,784.42, and further resolved that the Mayor of the City of Paris, Don Shelton, be and he is hereby authorized and directed to execute on behalf of the City of Paris the contract with Drake Construction Company for the Booker T. Washington Project Area Curb and Gutter, Paving and Drainage Phase II, TCDP Contract No. 702471, was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the resolution. The motion carried 6 ayes, 0 nays. 24 RESOLUTION NO.94 -065 WHEREAS, the City Council of the City of Paris, did in Resolution No. 94- 046 on May 9, 1994, approve the advertisement for bids for furnishing plant, labor, materials and equipment and performing all work required for the "BOOKER T. WASHINGTON PROJECT AREA CURB AND GUTTER., PAVING AND DRAINAGE PHASE II, TCDP CONTRACT NO. 702471" project, which bids were received until 3:00 o'clock P.M., Tuesday, June 7, 1994; and, WHEREAS, the best bid for such construction was made by DRAKE CONSTRUCTION COMPANY, Powderly, Texas, and it should be awarded the bid for such construction; and, WHEREAS, the form of contract for such construction project attached hereto as Exhibit A, should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid of DRAKE CONSTRUCTION COMPANY, for the construction project in the amount of $251,784.42, is hereby accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don _ Shelton, be, and lie is hereby authorized and directed to execute on behalf of the City of Paris the contract with DRAKE CONSTRUCTION COMPANY for "BOOKER T.WASI- IINGTON PROJECT AREA CURB AND GUTTER, PAVING AND DRAINAGE PHASE II, TCDP CONTRACT NO. 702471 ", upon the, terms and conditions and in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 13th day of June, 1994. Don Shelton, Ma or ATTEST: Mattie Cunningham, City Cl rk APPROVED AS TO FORM: . K. iaynes, y Attorney kr•_sw0RK: 'rwr ruse i.nwa 248 AGREEMENT THIS AGREEMENT is dated as of the the year 19 by and between (hereinafter called OWNER) and _ (hereinafter called CONTRACTOR) day o f _ City of Paris, in Paris, Texas, OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 12,010 L.F. concrete curb and gutter, 785 S.Y. concrete drive approaches, 32 L.F. 6' X 3' C -850 Box Culvert, with other appurtenant construction, complete in place. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Booker T. Washington Area Curb and Gutter, Paving and Drainage, Phase II. Article 2. ENGINEER. The Project has been designed by City Engineer, City of Paris, Paris, Texas, or his authorized representative, who is hereinafter call ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1 The Work will be substantially completed within 120 days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of General Conditions within 150 days from the dame when the Contract Time commences to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not gompleted within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One hundred fifty and No /100 dollars $ 150.00 ) 19 EXHIBIT for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially — complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER fifty and No /100 dollars ($ 50.00 ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments, OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the last day of each month during construction as provided below. All Progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the ni ber of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. Ten Percent (10 %) of Work Completed. Ten percent (10 %) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to ninety -five percent (95 %) of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. gul 250 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST No interest will be paid to the CONTRACTOR on retained money unless required by law. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to reply. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in additions to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 21 251 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between FINER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 1 to 7, inclusive). 8.2 Exhibits to this Agreement (pages to , inclusive.) 8.3 Performance and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice of Award. 8.5 General Conditions (pages 30 to 58 inclusive). 8.6 Supplementary Conditions (pages 59 to 116 , inclusive). 8.7 Specifications bearing the title Booker T. Washington Area Curb and Gutter, Paving and Drainage Phase II and consisting of 13 divisions and 169 pages, as listed in table of contents thereof. 8.8 Drawings, consisting of a cover sheet and sheets numbered '1 through 12 , inclusive with each sheet bearing the following general title: Booker T. Washington Area Curb and Gutter, Paving and Drainage, Phase II. 22 252 8.9 Addenda numbers 1 8.10 CONTRACTOR's Bid (pages marked exhibit . to 3 , inclusive. 10 to 15 , inclusive) 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 8.13 The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bond; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the affect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successor, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. NONE 23 09-40-11. ''�� , s. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, — CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on ' .19 OWNER CITY OF PARIS CONTRACTOR (type business name) BY Don Shelton, Mayor (CORPORATE SEAL) Attest Mattie Cunningham City Clerk Address for giving notices P.O. Box 9037 — Paris, Texas 75461 -9037_ Approved as to form: T.K. Haynes, City Attorney 24 Drake Construction Company By (type signature name) (CORPORATE SEAL) Attest Address for giving notices License No. Agent for service of process: 253 254 STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, this undersigned authority, on this day personally appeared Don Shelton , Mayor of the City of Paris, known to be to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 19 STATE OF TEXAS ) COUNTY OF LAMAR ) Notary Public, State o Printed Name: My commission expires: Texas BEFORE ME, the undersigned authority, on this day personally appeared , of , known to me to be the person(s) whose name(s) is /are subscribed to the foregoing instrument, and acknowledged to me that he /she /they executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 19 day of Notary Public, State of Texas Printed Name: My commission expires: 25 Resolution No. 94 -066, resolving that the bid by Gaylord Brothers, Inc. for the purchase of hardware and software in the amount of $76,258.00, and estimated cost of $1,840.00 for conversion services, and estimated cost of $8,700.00 for installation and training, $1,991.00 for supplies and shipping, $5,767.50 for software subscription and maintenance, payment of which begins ninety days from the installation date, and $2,600.00 for hardware maintenance, payment of which begins one year from the installation completion date, be awarded was presented. A motion was made by Councilman Bell, seconded by Councilman Jenkins for approval of the resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 94 -066 WHEREAS, the City 'Council of the City of Paris did, in Ordinance No. 93- 045, passed on September 27, 1993, authorize the purchase of a computerized system consisting of hardware and software I'or the control of circulation, `maintenance of catalog records, and public access to library databases, which bids for said computer system were opened at 3:00 p.m., May 3, 1994, and two companies were qualified and were notified and requested to bid; and, WHEREAS, such bids contained firm prices for hardware, software and soltware subscription and maintenance and estimated prices for conversion services and installation and training, which estimates were based upon estimates of collection and patron records furnished to bidders; and, WIIF,REAS, the best bid for such computer system was made by Gaylord Brothers, Inc. and it should be awarded the bid for such computer system; and, WIIEREAS, installation of said computer system will begin no earlier than July 1, 1994, and no later than September 24, 1994; and, WHEREAS, the form of Agreement for such computer system attached hereto as Exhibit A should, in all things, be approved, and the City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEIREFORL', BE' iT RESOLVED BY TIIL CiTY COUNCIL OF TILE CI'T'Y OF PARIS, that the bid by Gaylord Brothers, Inc., for the purchase of hardware and sofware in the amount of $76,258.00, an estimated cost of $1,840.00 for conversion services, an estimated cost of $8,700.00 I'or installation and training, $1,991.00 for supplies and shipping, $5,767.50 I'or software subscription and maintenance, payment of which begins ninety (90) clays from the Installation date, and $2,600.00 for hardware maintenance, payment of which begins one (1) year 1'rom the installation completion date, is hereby accepted conditioned upon said Gaylord Brothers, Inc. meeting all of the terms and specifications included in the bid document; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute on behalf of the City of Paris the Agreement with Gaylord Brother, Inc. I'or the computer system and related items upon the terms and conditions and in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 13th day of June, 1994. 1 on Shelton, Mayor ATTEST: Matile Cunningham City CIerZ� APPROVED A TO FORM: 1'. K. Haynes,lfity Attorney REISW )Rh -9J: I,I1MARY.CJIl, 2r t GALA \YO INTEGRATED LIBRARY SYSTEM CONTRACT June 3, 1994 T HIS .AGREEMENT, is made between GAYLORD BROS., a division of the Croydon Company, _nc.. a corporation organized under the laws of the State of New York, v ith its principal place of business at 7272 Morgan Road, Liverpool, New York, party of the first part (hereinafter referred to as "Gaylord "), and the library named below, party of the second part (hereinafter refere.d to as "the library" or "licensee "). Paris Public Library 326 South Main Street Paris, Texas 75460 (903) 785 -8531 NMN- ESSETH: W- HEREAS, Gaylord has developed a computerized system (hereinafter referred to as "GALAXY(Y") consisting of hardwar4 and software for the control of circulation, maintenance of catalog records, and public access to library databases, and is currently providing system services to libraries and the library is desirous of having such services provided at its location: NO`;V, THEREFORE the parties mutually agree as follows: 1. Deitnidons: 1.1. "Hardware" is defined as all equipment and products including, but not limited to, the (a) computer, disk drives, and interface, (b) CRT monitor(s) and terminals, (c) barwand scanner(s), decoder(s), and wand(s), (d) printers, (e) wiring and communication devices and (f) supplies for such equipment. 1.2. "Soft-ware" is defined as computer programs, including. but not limited to, (a) the integrated library systems in the host computer, (b) the cataloging support module in the cat.alo2ine workstation, and (c) the operational programs stored in the host computer. The Software is listed in Schedule E and includes all corrections, modifications and enhancements thereof. 1.3. The terms "Software" and "Software materials" in this agreement shall also mean any machine readable or printed material not included in the licensed programs and which is designated by Gaylord as available under license to libraries '-N-ho have licensed the prop-ram to which those materials relate. 1.4. The term "databases" refers to Library of Congress MARC Database and other 06/03/94 XHiBIT Paris Public Library Contract P 1 of 22 256 information formatted for use by the licensed procrams and prcc\ :red on machine readable media by Gaylord. 1.5. The "Installation date" shall be the day on %khich Gaylord and Direc,or. Paris Public Library (follo%ving an installation schedule agreed upon by t;je library) jointly declare operation of the equipment and use of the software to be satisfactory and available to the library. 2. Statistics. Statistics set forth in Schedule A, Library Statisdcs, include the number of titles. number and type of terminals, number of locations, total items issued annually at each locavon, and the number of items in the collections at the library locadons \% here the Svstem is to be used. "Items" are defined as materials circulated by the l;brary (individual copies of books, records, cassettes, etc.). Since Gaylord relies on these statisdcs to choose the type of hardware and to set parameters of the Software, the libraTV agrees that its statistics as shown are reasonably correct. 3. Installation Schedule. The library and Gaylord will mutually agree upon a date on which to commence installation of equipment and software . Upon completion of installation, the day on , ;,hich operation of the equipment and use of the sofm,are are jointly declared to be satisfactory and available to the library shall be the installation date, pursaunt to Paragraph 1.5 above. 4. Term. This agreement is effective on the date first written and for an initial term of one -year commencing upon the installation date. It shall then be renewed automatically for one -year periods unless the library notifies Gaylord of its intention not to renew at least ninety (90) days prior to the expiration of the original or any extended term. Gaylord agrees to notify the library at least ninety (90) days in advance of the effective date of any change in fees or services. Gaylord may discontinue any license or terminate this agreement upon \%inen notice if the library fails to comply within ten (10) days of receipt of such notice, with and, of the terms and conditions of this agreement. In the event the library becomes insolvent or voluntarily or involuntarily bankrupt or a receiver, assignee or other liquidating officer is appointed for all or substantially all of the business of the library, or if the library makes an assignment for the benefit of creditors, then Gaylord at its option may immediately terminate this agreement by notice to the library to that effect. In no event shall this agreement be assigned or assignable by operation of law or by voluntary or involuntary bankruptcy proceedings or otherwise, and and, such assignment or attempted assignment shall be void and in no event shall this agreement or and, rights or privileges hereunder be an asset of the library under any bankruptcy, insolvency or reorganization proceedings. 06/03/94 Paris Public Library Contract P 2 of 22 257 >. Return or Destruction of Licensed Soft% ,,•are. if this agreement is terminated the use of all pro_cram materials licensed hereunder must be discontinued by the library and all program materials must be returned to Gaylord, or if so requested in writim, by Gaylord. destroyed. V.'ithin one (1) month after the date of discontinuance of any license Granted hereunder, the library will furnish to Gaylord if requested, a certification that through the library's best efforts and to the best of the library's knowledte, the original and all copies of the licensed software received from Ga,'lord or made in connection xvith such license have been returned or destroyed. This requirement %will apply to all copies in any form, including translations, whether partial or complete, and whether or not modified or merctd into other program materials as authorized herein. 6. Gaylord Fees and Deliverables. Based on the statMcs in Schedule A, and subject to any special conditions appended in Schedule J, ,Additional Considerations. Gaylord will provide deliverables detailed in the folloA-ing schedules at the fees indicated: Schedule B: Conversion Processing Schedule C: Supplies Schedule D: Configuration and Hard\xyare Costs Schedule E: Software and Database Subscriptions Schedule F: Installation and Training Schedule G: Hard\vare Maintenance Schedule H: Software Subscription Service and Maintenance Schedule I: Payment Schedule The final costs may be adjusted if the actual library statistics vary significantly, from the statistics provided. 7. Payment. Payments for hardware and for software license charges shall be made in accordance ,vith the terms that are set forth in Paragraph 2, Schedule I. Payment for all other goods and ser.ices shall become due upon delivery. In accordance with the terms that are set forth in Paragraphs 3 and 4, Schedule I, the library will pay monthly maintenance fees on the first day of each month during the term of this agreement. Fees enumerated in Schedules B though H are summarized in Schedule I. Payment in full on all invoices is due 06/03/94 Paris Public Library Contract P 3 of 22 258 according to the terms of this contract or %�ithin 30 days of the in%nice late. � Niche\er date is later. In the event that payment is not made in full according to the specified terms, a service charge will be added to the previous balance after deducting all payments and credits. For any payment considered past due, the library agrees to pay interest at 1.5% per month (effective annual rate of 189c) on the unpaid balance or the highest rate permitted by law, whichever is less. If failure to pay'accord•,ne to the terms of this agreement causes this account to be assigned for collection, or causes legal action to be taken, the library agrees to pay all costs of collection incurred by Gaylord, including court costs and attorney fees. Credit terms and limit may be canceled or changed by Gaylord at any time with thirty (30) days notice. The library authorizes Gaylord to contact credit references. inquire as to credit information, and receive any confidential infor-madon relevant to approving credit. If for any reason, including but not limited to delays in site preparation, the library asks to postpone installation after a date for the commencement of installation has been set, payments that are due upon installation will become due ten (10) days after the originally scheduled commencement of installation. In the event the Installation Date is other than the first day of the month, the amount for the first and last month shall be pro - rated. Fees for conversion keypunching and/or reformatting as listed in Schedule B shall be payable upon completion of work. Maintenance charges are subject to change effective upon three (3) months' written notice to the library. If the charge for any service provided under this agreement is increased by Gaylord, the library may, with two (2) months' prior written notice, terminate this agreement upon the effective date of such increase. Otherwise the ne•,• charges wi-)l become effective upon the date specified in the notice. Any other amounts shall be due and pa;'able upon receipt by the library of the materials. equipment, services, or use of software involved. 8. Site Preparation. It is understood and agreed that the aforesaid fees do not include anv site preparation or installation costs except as described in Schedule F, histallation and Training. 06/03/94 Paris Public Library Contract P 4 of 22 9. annual Classroom Training. The library agrees to exercise best efforts in budgeting for a minimum of four (4) days per annum of classroom training from GJN lc-d for the temp of this agreement. 10. Licenses. Gaylord and the library agree that the folio% ing temis and conditions will apply to any library order for Gaylord licensed software programs or databases that are accepted by Gaylord. Gaylord wi-11 (1) furnish such licensed software to the library; (2) furnish licensed soft,,vare materials in support of such licensed programs: (3) grant to the library a perpetual, non - transferable and non - exclusive license to use the licensed software: and (4) provide software service and maintenance, as described herein. 10.1. The library agrees with respect to the licensed program to accept responsibility for (l) selection to achieve the library's intended result; (2) use; and (3) the results obtained therefrom. 10.2. Each license granted under this agreement authorizes the library to: (a) use the licensed software, in object code form only, at the location specified herein and on the designated number of display units at the location and a number of remote locations authorized in Schedule A. (b) utilize the licensed software materials in printed form and the database in machine readable form in support of the use of the licensed program. Licensed software materials provided by Gaylord in printed form may not be copied. Additional copies may be obtained under license by Gaylord at the charges then in effect~ 10._. All licensed programs, including any subsequent updates purchased and any part thereof, may be used on only a single CPU or equipment configuration on which the Software is first installed, and may be copied, in whole or in part only for use on that CPU or specified equipment configuration. 10. -1. The Software may be used on another single CPU only on a temporary basis during a malfunction of the original CPU which causes the Software to be inoperable. 10.5. No title to or ownership of the Software is transferred to the library, and it remains the proprietary property of Gaylord. 10.6. The library shall not allow the software or any portion thereof to be reverse compiled or disassembled. 06/0 x/9.1 Paris Public Library Contract P 5 of 22 10.7. Gaylord may terminate all proprietary licenses umnted hereunder and require return of the Sofm,are if the library fails to comply with these teams and conditions. Gaylord shall have the right to enforce these terms and conditions a,,ainst the library. 10.5. If the licensed program material is to be used at other than the designated location(s). additional licenses may be required for each additional location. If the library cannot perform its data processing at the designated location because of conditions beyond the library's control, the affected licenses will be ternporarily extended to pen-nit the library to use the licensed program material at another location. 10.9. The library must notify Gaylord of the library's intention to change the designation of the location at which licensed software is to be used. The chance of designation \mill be effective upon the date set forth in the notice confirming the change in designated location furnished to the library by Gaylord. 10.10. Gaylord v,-ill provide databases in machine readable form updated periodically as indicated by the subscription list in Schedule E. Use of the content of the database is not restricted, but use of the database as formatted and delivered b; Gaylord is subject to the restrictions stated herein for licensed software. 10.11. Software sub - licensed to the library by Gaylord is governed by the licensing terms and conditions of the owner of those software products, e.g., Digital Equipment Corp. 11. The library shall: 11.1. Provide suitable electric service for operation of equipment and a telephone connection. 11.2. Pay all costs associated with local leased dedicated telephone lines. 11.3. Pay shipping charges for all equipment. 11.4. Designate a key person (or persons) for special training in the use of the equipment. Should the assignment change, the library shall inform Gaylord. 11.6. Make no alterations in the equipment without obtaining Ga,,•lord's expressed written permission. 11.6. If the library desires spare back -up terminals, the detennination of ,,,-here spare units are to be located and the transportation from storage location to needing location is the responsibility of the library. 06/03/94 Paris Public Library Contract P 6 of 22 261 11.77. Pay for any repairs or replacements made necessary by the library's negligent act. 12. Privacy of Data. Gaylord agrees not to use patron details such as names. adcresses, etc., for any purpose other than providing requested ser` ice to the library and agrees not to �ansrYUt library data to any thud party, except as requested by the library. 13. Restriction on Modification. The library shall not modify any licensed software in machine readable form nor merge such software with other software programs. 14. Protection and Security. 14.1. The library will take appropriate action, by instruction, agreement or otherwise, with any persons permitted access to licensed software so as to enable the library to satisfy its obligation under this agreement. 14.2. All licensed soft,,vare materials, including, but not limited to, documentation and user manuals, contain Gaylord proprietary information, use of which is limited by the licenses granted in this agreement. The library -will not disclose or others -ise make available any licensed sof fare materials in any form to any third party except to the library's employees, or to agents dijectly concerned with licensed use of the program. 15. Warranty. 15.1. Gaylord warrants that Gaylord has the right to license the Software listed in Schedule E. Soft�•are and Database Subscriptions, hereunder. Each licensed program will perform the functions set out in the User Manual in effect «when shipped to the library. Thereafter Gaylord Will provide program service and maintenance as described in Schedule H, Software Subscrittion Service and Maintenance. Gaylord does not -arrant that the operation of the licensed program will be uninterrupted or error -free or that all program defects will be corrected. 06/03!94 Gaylord agrees, however, to make its best efforts to correct all reproducible material errors in programming and discrepancies between the User Manual and the actual softV,'are performance. Gaylord further agrees to make its best efforts to correct any hardware or software problems that result in total system "downtime ". In the extent that Gaylord personnel or Gaylord's designated agents must travel to the library to correct hardware or software problems, the library shall not be responsible for the cost of such travel beyond those specified in Schedules G and H. Paris Public Library Contract P 7 of 22 262 Gaylord , arrants that the library shall acquire Lood a.-,J clear title to the llardv-are purchased hereunder, free and clear of all liens. claims, or encun;brances from a third party. Title to the Hard% are shall pass from Gaylord to the library upon payment of the final balance due. as set forth under Paragraph 2. Schedule 1. Payment Schedule. Hardware purchased under this Agreement will be nee• ]\- manufactured. THE FOREGOING WARRANTIES ARE LN LIEU OF .-ALL OTHER WARRANTIES. EXPRESSED OR LNIPLIED, INCLUDING BUT NOT LIMITED TO THE LNIPLIED WARRAINMES OF MERCHANTABILITY AN7D FITNESS FOR A PARTICULAR PURPOSE. 16. Software Subscription Service and 'Maintenance 16.1. Telephone support and enhancements for the Software will be provided as part of the annual Subscription Service fee. Subscription Service is integral to the °rant of this license, and payment of the annual Subscription Service fee entitles the Licensee to continued use of the Software. Current list prices and their respective Subscription Service prices are subject to change on an annual basis. 16.2. Subscription Service updates will be made available periodically. Revisions and enhancements to the Software are provided on magnetic tape or on hard copy, depending upon volume. The library is responsible for implementing revisions. All mandatory revisions must be installed to insure proper program performance and continued support. Failure by the library= to install revisions may result in time and materials billing at current applicable rates. 16.' ). Gaylord reserves the right not to release enhancements to the Software during the to „n of this agreement. Failure to release enhancements to the Softv.-are does not constitute default on the part of Gaylord because of the continuation of the right to use telephone support and other support - related services. 16.4. If Gaylord determines that a Subscription Service update requires additional or revised documentation, one copy of such documentation will be provided to the Licensee. At the option of Gaylord, this documentation may take the form of new manuals, chance plates to existing manuals, manual addenda, machine readable text. or any combination of these methods. 16.5. Each type of program service and maintenance specified will be available unless discontinued by Gaylord upon six (6) months written notice. 06/03/94 Paris Public Library Contract P 8 of 22 263 16.6. Gaylord shill also have the 62lit to char,_,e for any additional effort » high results from providing sen ices for an altered licensed program. 17. Patent and Cou\-right. 17.1. Gaylord will defend the library against a claim that licensed so-H are material furnished and used within the scope of the license granted herein infringe a U.S. patent or copyright and Gaylord \vill pay resulting costs. damages and attorney fees finally awarded, subject to the limitation of liability set fonh below in .Article 18 in its entirety ('Limitation of Remedies ") provided that: (a) the library rromptly notifies Gaylord in writing of the claim, and (b) Gaylord has sole control of the defense and all related settlement negotiations. Ho\vever, if the costs and damages attributable to a claim of infringement of a U.S. patent may exceed the limitation of liability, the library may elect to defend against the claim provided Gaylord may fully participate in the defense and/or agrees to any settlement of the claim. 17.2. If such claim has occu? red, or in Gaylord's opinion is likely to occur, the library agrees to permit Gaylord at its option at no additional expense to the library either to procure for the library the right to continue using the licensed software or to replace or modify the same so that they become non - infringing. If neither of the foregoing alternatives is reasonably available, the library agrees on one (1) month's A itten notice from Gaylord to return or dest:roy all copies of the licensed program material received from Gaylord and all copies thereof. 17.3. Gaylord shall have no obligation to defend the library or to pay costs, damages, or attorney's fees for and, claim based upon (1) use of other than a current unaltered release of the licensed program if such infringement would have been avoided by the use of a current unaltered release of the licensed program, or (2) the combination, operation or use of any licensed program or data with non - Gaylord programs or data if such infringement would have been avoided by the combination, operation or use of the licensed programs with other programs or data. 17.4. The foregoing states the entire obligation of Gaylord vvith respect to infringement of patents or copyrights. 18. Lirillita6on of Remedies 18.1. Gaylord's entire liability and the library's exclusive remedy shall be as follows: In all situations involving performance or non - performance of services fumished under this agreement the library's remedy is (1) the correction of the program or service by Gaylord, or (2) if after repeated efforts Gaylord is unable to make the program or 06/03/94 Paris Public Library Contract P 9 of 22 -.6 service operate as warranted, Gaylord's entire liability %g )H be limited to the ori_inal price paid for the software upon return. 18.2. For any other claim concerning performance or non- .,erformance. by Gaylord pursuant to or in anyway related to the subject matter of this 22reement and any supplement hereto, the library shall be entitled to recover actual U`amages to the limits set for-uh in — this section. 18.3. Gaylord's liability for damages to the library for any cause whether in contract or tort. including negligence, shall be limited to any charges "hich would be due for melye (12) months use of the licensed program or service :,at caused the damage or that is the subject matter of or directly related to the cause of action. 18.4. Such charges shall be those in effect Nyhen the cause of action arose and shall not include any initial process or one -time charges paid to Gaylord. This limitation of liability will not apply to claims for copyright inf; :neement or for personal injury caused solely by Gaylord's negligence. 18.5. In no event will Gaylord be liable for and, damage caused by the library's failure to perform its responsibilities or for any lost profits or other consequential, special, or indirect damages, even if Gaylord has been advised of the possibility of such damages. 19. \ aiver of rights. The v.,aiver or failure of Gaylord to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. 20. Severability. If any provision of this agreement is invalid, illegal or unenforceable under any applicable statue or rule of law, it is to that extent to be deemed omitted, and the remaining provisions shall not be affected in any A?a 21. Headings. The headings of the various Paragraphs and Subparagraphs herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this agreement. 22. Risk of use. All risk of use, operation, and control are borne by the library. 23. Governing Law. This agreement shall be subject to all applicable laws of the Federal Government of the United States of America and to the laws of the State of Texas. The 06/03/94 Paris Public Library Contract P 10 of 22 265 applicable law for any legal disputes arising out of this agreement shall be the law of the State of Texas. 24. Saving Clause. All quotations and agreements are contingent upon accidents, foes, availability of materials, and all other causes beyond the control of either party. Typographical and stenographic errors are subject to correction. Terms inconsistent with those stated herein, which might appear on the library's formal order or Request for Proposal, will not be binding on Gaylord. 25. Assignments. The library agrees that no sublicensing, nor assignment of its rights or interest, nor delegation of its duties under this Agreement shall be made or become effective without the prior written consent of Gaylord. Any attempted sublicensing, assignment or delegation without prior written consent shall be wholly void and ineffective for all purposes. 26. Taxes not included. The City of Paris is exempt from state and local sales taxes. The tax exemption number is 1 -75- 6000535 -9. A tax exemption certificate will be furnished upon request. 27. Whole agreement. This agreement, including appendices and referenced attachments, constitutes the entire agreement between the parties and supersedes all proposals, presenta- tions, representations, and communications, whether oral or in writing, between the parties on this subject. Neither party shall be bound by any warranty, statement, or representation not contained herein. The signatories acknowledge reading and agree to comply with all terms and conditions. 28. Amendments. Amendments and modifications to all, or any part, of the agreement and to the appendices and referenced attachments, may be made, and shall be binding, only if in v:,riting and signed by duly authorized representatives of both parties. IN VATIiv`ESS WHEREOF the parties have duly executed and delivered this agreement on the dates set forth below. ACCEPTED FOR THE LIBRARY By Michaei E. Malone Title CITY MANAGER Date June 13, 1994 ACCEPTED FOR GAYLORD BROS. IM Ti tle Date 06/03/94 Paris Public Library Contract P 11 of 22 SCHEDULE A Library Statistics 1. Estimated Number of patrons 2. Estimated Number of Items 3. Estimated Number of Titles 4. Items Issued .annually 5. Number of Terrrtinals/Deyices On -line (total of categories below) Librarv/Branch Locations: 5.1. Number of Staff use Terminals 5.2. ,umber of PAC only Terminals 5.3. Number of Catalo2in2 Workstations 6. Names and address of host location: �1 11 10 1 Paris Public Library 326 South l`42in Street Paris, Texas 75460 15.000 60.000 50.000 N/K 22 06/03/94 Paris Public Library Contract P 12 of 22 267 SCHEDULE B Conversion Processing 1. Data Preoaratio Number of .NIARC Records (estimated): 50,000 Number of Item Records (estimated): 60,000 1.1 Load and index MARC bibliographic records 1.2 Extract holding information; create load and index item records 1.3 Extract barcode number Total - Data Preparation (Estimated) 51,840 "It is noted that the Library have obtained "smarm" barcode labels from GAYLORD under separate cover. 06/03/94 Paris Public Library Contract P 13 of 22 SCHEDULE C Supplies I. Supplies 1.1 Ten (10) training manuals 1.2 Patron Barcode Labels x 1.000 CS -831 @ 50.00 per 1.000 1.3 Overdue Notices x 1.000 @ 98.00 per 1,000 1.4 Tapes for Backup x 4 boxes (5 tapes per box) CS- TZKIX -CF @ 206.00 per box 1.5 Tape Cleaning Cartridge x 2 CS- TZKIX -HA @ 33.00 each 1.6 Receipt Printer Ribbon x 3 CS -8003 @ 3.00 each 1.7 Receipt Printer Paper x 3 CS -8001 @ 3.00 each Total - Supplies SO c7;0 C08 SK-4 TOT. al S9 S1,490 268 06/03/94 Paris Public Library Contract P 14 of 22 269 tv Part# 1 CS- QL- 898A.A -2B 1 CS- QL- 897AA -2B I CS- DL- VT510 -CA -H 1 CS- DV3IGT.A -B9 1 CS- RZ25L -EK 1 CS- RZ26L -EK 1 CS -TZK 11 -HG 1 CS- DHW42 -13A 1 CS- DSRVE -AA 1 CS -1407 51.300 CS- 9122 -H 3 CS -1389 15 16 Line Async Interface S S 1.410 SCHEDULE D Configuration and Hardware Costs Total Hardware 521,758 Shipping Costs 523 06/03/94 Paris Public Library Contract P 15 of 22 Unit Expanded Descrivtion Price Price VAX Datatrieve License N/A N/A VAX CDD+ Data Dictionary License \/A NIA Console Terminal,VT510,Amber 5469 5469 '.MicroVAX 3100.model 40.8 mb 56.086 56.086 Disk Drive, 535mb,3.5 ",SCSI 5995 5995 Disk Drive, 1.O5gb,3.5 ",SCSI 51.300 51.300 Tape Drive, 2.OGB,SCSI 51,600 51,600 16 Line Async Interface S1.410 S 1.410 DECserver 90TL,8 ports S 1.965 S1.965 Diagnostic modem,14,400 bps 51.088 51,088 Bmvand,controller 5735 53,675 Receipt Printer 5540 51,620 Custom Keycaps S50 5750 GISCOM Terminal Emulation 5100 5800 Total Hardware 521,758 Shipping Costs 523 06/03/94 Paris Public Library Contract P 15 of 22 270 SCHEDULE E Software and D3t3b'9ce Subscriptions Gaylord will grant perpetual, non - transferable and non - exclusive licenses for the follo" ing sofi�� a; e and databases, subject to the terms and conditions of this 3217eement for use at the location(s) specified in Schedule A. Databases are updated with the frequency noted. 1. Gaylord GALAXY® Integrated Library System. 1 to 25 terminals QTY PARTr DESCRIPTION ONE TIME PRICE I CS- 8401 -H GALAXY® Manuals, Complete Set N/C 1 CS -8304 GALAXY® Cataloging 51,500 1 CS -8301 GALAXY® Circulation Control 518.000 with Reserve Book Room 1 CS -8302 G,tiLAXY® Public Access Catalog 518,000 with Authority Control 1 CS- 8305 -H GALAXY® Acquisitions 510,000 1 GALAXY® Ponable- GALAXY 52,000 2. GALAXY® System Sof vare 1 CS -8303 NIARC DBMS 55,000 2.1. Digital Layered Soft%vare. Gaylord will sub - license the following software under the terms and conditions of current licensing policies of the Digital Equipment Corporation. 1 Electronic Mail 1 Datatrieve (Report Writer) 1 CDD (Data Dictionary) 1 VMS, DECNET TOTAL SOMVARE 554.500 06,03/94 Paris Public Library Contract P 16 of 22 21- SCHEDULE Installation and Training 1. Trainine. 1.1. Eight (8) days of on -site key- operator training, training materials, and suppert in the use of equipment and sofvvare for a maximum of 10 people per trainer at 5600 per jainer per day plus actual travel expenses. The library should plan on one terminal for ever". two trainees. 1.1.1. One Trainer for 8 days: 54,800 1.1.2. Estimated Expenses 52.000 2. Installation. 2.1. On -site installation of all hardware and soft\vare by Gaylord technician(s) who xill unpack, connect, and test all equipment, (@ 5600 per technician per day plus actual expenses). 2.1.1. One Technician for 2 days: 51,200 2.1.2. Estimated expenses * Library will provide and run all cables Total Installation and Training (Estimated): 06/03/94 5700 S8'_/00 Paris Public Library Contract P 17 of 22 272 SCHEDULE G Hardware Maintenance GAYLORD a��rees to provide and the libraiv agrees to accept service at the installation location(s) in Schedule A for the items of equipment shown below or on attached addenda in accordance %vith the attached Hardware Mainten-- nce Terms and Conditions _ Line Equipment annual Type No. Qtv Description PaN ment 'Taint 1.1 1 Console Terminal,VT510,Amber 50.00 M 2.1 1 MicroVAX 3100,model 40,8mb 5984.00 D 2.2 1 Disk Drive.535mb.3.5 ".SCSI 51:2.00 D 2.3 1 Disk Drive, 1.05gb,3.5 ",SCSI 5168.00 D 2.4 1 Tape Drive,2.0gb, SCSI 5240.00 D 3.1 1 16 Line Async Interface 5120.00 D 3.2 1 DECserver 90TL,8 ports 5252.00 D 3.3 1 Diagnostic Modem,14,400 bps S119.00 X 4.1 5 Bwrxand,controller 5 -05.00 X 5.1 3 Receipt printer 5 i 80.00 X Annual rate commencing one year from the installation date 52,600.00 Type of maintenance: D = Digital on -site service X = Gaylord Express exchange M = Manufacturer's Wa,-ranty, Library pays cost of shipping. No replacement equipment while at repair. Note: (1) 'Maintenance on the VT510 terminal is pre -paid through the first three years of this agreement. On -site maintenance for the VT510 terminals will be offered at $4.75 per unit per month, commencing at the start of Year 4. 06/03/94 Paris Public Library Contract P 18 of 22 273 SCHEDULE G Hardware 'Maintenance 'terms and Condilions I. Term Tnis Agreement shall have an effective date as sated on the fact hereof and continue for an initial lcrrn of one (1 ) )car, except as other -ise provided to this AgrcemcnL Thereafter this Agreement shall continue for an indefinite t : ncw° but shall be terminated by either party urx n ninety (90) days prior - rincn notice. 2. Ecuitrncni and Charres The equipment covered by this Agreement and the maintenance charge applicable to such equipment shall be as set forth herein. All charges specified shall remain in effect for one (1) year from the effective date of this AgmcmenL Upon or at any time alter expiration of one ()) year from the effective date. Gaylord may, from time to time increase said charges upon three (:) months prior written notim. IS said charges are increased, the library may uith one (1) month's prior written notice terminate this Agreement upon the effective date of such increase. Otherwise the neu• charges shall become effective upon the date specified in the notice. The maintenance charges specified herein shall commence one (1) year from the instzDasion date and shtll be payable in advz.nec on a monthly or annual basis. Gaylord may ai its option immediately terminatt this Agree. ment for payment dtlinquenry in excess of sixty (60) days. The libra.- - shall be responsible for insurance, personal proper taxes, sales and use taxes, and excise taxes or =es or amounts in bw thereof (including sales and use taxes levied upon services), if any, arising out of Ns Agreement, the charges made, services rendered or parts supplied pursuant hereto. ?. Sure of Maintenance Service Maintenance service shall consist of remedial maintenance including replacement of unserviceable pans. At Gay)ord's option, maintenance u•o.k will be performed at Gaylord's offices, an authorized service center designated by Gaylord or on library's premises.', bile maintenance u•o:k is being performed at Gaylord's offices, Gaylord may ship a replacement unit for temporary use by the library. Leon receipt of the repaired unit, the library shall retum the temporary replacement unit to Gaylord. If maintenance work is to be performed at Gay)ord's offices or at a sepia center designated by Gaylord. )ibrary shall IX responsible for shipping the equipment to such offices or service ceniet, shipping charges prepaid. Gaylord shall not be responsible for any loss or damage in L- artsit Claims for damage or shorage in shipments shall be made z£zinsi the carrier by library. 1f the maintenance work is to be performed it library's premises, Gaylord shall have free and full access to the equipment and the library shall provide a safe place in vs•hieh to perform such work. Maintenance work pin be performed between the hours of S:W A.M. and 5:00 P.M., Monday through Friday, except legal holidays, referred to hercinaftu as Gaylord's normal working hours. Pans ui)) be famished on a temporary exchange basis and -ill be neu• pans or parts equivalent to new in performance when used in the equipment. Any equipment shipped by Gaylord's offices or service center designated by Gaylord will be returned to library via standard United Parcel Service, shipping charges prepaid. If library shall desire a faster means of transportation, the library shall designate the carrier and bear the complete COSL In either event, Gaylord shall not be liable for loss or damage in transit. Claims for shortage or damages in shipments shall be made against carrier by Gaylord. Ubrary is responsible for noting an, visible damage upon receipt from Gaylord and notifying Gaylord of such damage within three (:) days thereafter. Exclusion, Gaylord's maintenance scrnce provided he _rider dcrs n x include the follk -ing: (a) electrical uork extema] to the cquipmen:. (b) repair of damage resulting from aced: :ransp'r aon, neglect, misuse, operation of the equipment v a de the .,Lnufacurer's cnvimruncmal specifications, failure of elc. -nc�] t :wtS, condmoning or humidity control, natural disa_aers includt^.c h not li.;.:tcd to ficl-ds, lightning and ea,^,hquakcs, or causes other crdir,zr use; (c) fumishin£ platens, supplies or accessories. piin:in£ c r finishing the equipment or fumishing material therefore, miku;g stac�snon changes, or performing services connected uith relocation of machinm or adding or removing accessories. attachments or ot`. &:vices: (d) systems engineering services• progra=m -,ng and op- .a:ion pro,tdwes of any son: (e) such service which is impractical for Caviar& to rc­-'er lveceuse of alterations to the equipment or their connectia: by mecha^,i:al or elczt6eal means to other devices or alterations to ote .­at:sg systems: or (f) maintenance on equipment not purchased fpm Gav`lo - un-less it his been tested znd inspected by Gaylord or r_j- r_ntzsivc of Gale d. (c) individual hardware products that car in G2v907d's opinion, be properly repaired due to excessive uear or deterioration. ;acs: products mzy be withdrawn from sen-ice upon ninety days prior u hncn notice. 5. Disclaimers Gaylord's obligations and warranties under --his A£reenent are in lieu of all other warranties, express or implied, including, if i gbcahle, the IMPLIED WARRA'v'TIES OF MAR. ETA3:LiTY AND ,TNESS FOR A PARTICULAR Pt'RPOSE and all other ohJ£ations or liabilities for damages. including but ncx limited to conswuen:id damages arising out of or in connection uith this Agreement or the maintenance service performed hereunder. 6. Genera) (a) Gaylord reserves the right to adjust the rzinienznce charges if the equipment specifications, attachments or fear_r:s of any ice„ of wuipment are changed after the date hereof. (b) Gzyiord is not responsible for any !zi]cr: to render service due to strikes or causes bevond its control. (c) The library represents than it is the ounr, of the e.quipm :n: subitcl to u- this Agreement or, if not the onet, that it his the ztnhonty to enter into this P.£reement. (d) Gaylord shall be entitled. upon prior gi\ ins ritter, novice to the libnn', to assign this Agreement and Gaylord's ng`,s hereunder to any parent, subsidiary, affiliate or agent thereof. (e) Either party may terminate this Agreement a: z.^.y time for faJur: of the other to comply with any of its terns and conditions. (f) This Agreement shall be governed by the izw s o! the Sta:c of Texas and constitutes the entire agreement between Gzylo d and the library uith respect to maintenance services. No provision o! this .Agreement shall be deemed waived, amended or modified by either piny unlus such uaiyer. amendment or modification be in writing iod signed by the party agai.•ist whom it is sought to enforce the waiver, amendment or modification. (g) The foregoing terns and conditions shall prevail notuithatanding any variance with the terms and conditions of any order submined by the library for the repair or maintenance of the equipment. 06/0'V94 Paris Public Library Contract P 19 of 22 2 ,74 SCHEDI:LE H Software Subscription Service and Maintenance 1. Telephone diagnostic servile is available during normal Gaylord business hours with emergency referrals from Gaylord's Operations Center to on -call personnel. 24 hours per day, 7 days per week. 2. Software maintenance covers trouble- shooting of any software related problem and provi- sion of updates to the latest version of the system software. 3. Software Maintenance Fees: 3.1. GALAXY@ Software: 1 GALAXYO Cataloging 1 GALAXY Circulation Control with Reserve Boot: Room 1 GALAXY® Public Access Catalog Authority Control 1 GALAXY® .Acquisitions I GALAXY® PC Backup Terminal 1 GALAXY© System Software 1 MARC DBMS 3.2. Digital Software Updates 1 Electronic Mail 1 VMS Updates 1 Common Data Dictionary 1 Datatriev e Report Writer Annual Software Subscription and Maintenance commencing ninety (90) days from the installation date S7.690.00 06/03/94 Paris Public Library Contract P 20 of 22 2� 5 SCHEDULE] Pavmcnt Schedules 1. Payment on Delivery 1.1. Conversion Services (Schedule B) <estimated> 1.2. Installation and Training (Schedule F) <estimated> 1.3. Supplies /Shipping (Schedules C and D) 2. Payment for Hardware and Software. Total Costs (Schedule D and E) Payment for these costs to be made as follows: - 25% upon signing the contract 519,064.50 75% upon installation 557,193.50 3. Periodic Payments to Commence Ninety (901 Days from the Installation Date S1.8110 58,700 S1.991 576.258 ANNUAL MONTHLY 3.2. Softv.•are Subscription Service and Maintenance S5,767.50 5640.83 (Schedule H) Annual Software Maintenance is calculated over 9 months. 4. Periodic Payments to Commence One (1) Year from the Installation Date 4.1. Hardware Maintenance (Schedule G) 06/03/9 -1 52.600.00 5216.67 Paris Public Library Contract P 21 of 22 276 SCHEDULE) Additional Considerations 1. Installation %vill be no earlier than July 1, 1994 and no later than September 24, 1994. 2. The Library xill provide an existing UPS, 14 x existing Wyse terminals, 8 x 486 pcs, 2 x Epson dot matrix printer, 4 x Okidata printers, 1 x Fujitsu laser printer and 2 x Epson laser printers as Nvell as all point to point interconnecting cabling and, /or %viring. \Within fifteen (15) days following contract award, Gaylord shall provide the library with iie specificadons for point -to -point cables /wiring and end connectors. Specifications shall be in standard industry nomenclature and of sufficient detail to permit the library to correctly identify and install the required item(s). ?N4aintenance and operability of said equipment will be the responsibility of the library. 3. If, within 180 days of installation. the Library is not completely satisfied with the GALAX7Y System, the Library may return it to Gaylord and receive a refund of all monies paid. This guarantee warrants the Library's satisfaction with the entire system and does not encompass return of individual modules or refunds or discounts for not using parts of the GAL.AXY system. 4. Returned Goods Authorization. Gaylord must authorize any goods to be returned prior to return shipment, and the address label should include the return authorization number. Cost of return shipment is the library's responsibility.Returned goods received in acceptable resale condition as determined by Gaylord will result in a credit on account for the amount of the sale less a 20% handling and restocking charge. Custom products, such as barcode labels, are not returnable. 5. De- duplication of the library's ''�1ARC records may be ordered under separate cover at a cost of 50.02 cents per record. 6. A 10% discount will be offered on software and hardware maintenance if these costs are pre -paid annually. 06/03/94 Paris Public Library Contract P 22 of 22 Resolution No. 94 -067, re- appointing Kenneth Webb as a Member -at -Large of the Animal Advisory Roard of the City of Paris for a term of two years beginning July 1, 1994, and confirming the appointments of Anna L. Spencer, Brenda Nafe, Dr. Kenneth Cox, an Mike Darnell to the Board, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford for approval of the resolution. The motion carried 6 ayes, 0 nays. 277 RESOLUTION NO. 94 -067 WHEREAS, the term of office of KENNETH WEBB as a member of the Animal Advisory Board of the city of Paris, will expire June 30, 1994; and, WHEREAS, the Mayor of the City of Paris, Don Shelton, does hereby recommend the re- appointment of KENNETH WEBB as a Member -at -Large for a term of two (2) years, beginning July 1, 1994 and ending June 30, 1996; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointment of KENNETH WEBB as Member -at -Large of the Animal Advisory Board of the City of Paris, for a term of two (2) years, beginning July 1, 1994 and ending June 30, 1996, be, and the same is hereby approved and confirmed by the City Council of the City of Paris. PASSED AND ADOPTED this 13th day of June, 1994. on Shelton, Mayor ATTEST: Mattie Cunningham, City lerk APPROVED AS TO FORM: T. K. �aynes, y Attorney On the recommendation of the City Manager, a motion was made by Councilman Clifford to table appointing members to the Architectural Preservation Committee. The motion was seconded by Councilman Fulbright, and carried 6 ayes, 0 nays. Resolution No. 94 -068, apps the Board of Directors of until his successor is duly disqualified to so serve. seconded by Councilman Bell carried 6 ayes, 0 nays. inting Charles E. Fulbright as a member of Ark -Tex Council of Governments, to serve qualified or installed, or until he becomes A motion was made by Councilman Clifford, for approval of the resolution. The motion 278 RESOLUTION NO. 94-06 WHEREAS, the City of Paris, Paris, Texas, is a member of the Ark -Tex Council of Governments; and, WHEREAS, in accordance with the Bylaws of the Ark -Tex Council of Governments the Board of Directors of same shall be composed of members elected or appointed by the membership; and, WHEREAS, the City of Paris is entitled to appoint three members of the Board of Directors of Ark -Tex Council of Governments as provided in the Bylaws of the same; and, WHEREAS, Don Shelton, Mayor of the City of Paris, recommends the appointment by the City Council of the City of Paris of CHARLES E. FULBRIGHT as George Fisher's successor, to serve until his successor is duly qualified or installed or until they become disqualified to so serve; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL ON THE CITY OF PARIS, that CHARLES E. FULBRIGHT be, and he is hereby appointed as a member of the Board of Directors of Ark -Tex Council of Governments, to serve until his successor is duly qualified or installed, or until lie becomes disqualified to so serve. PASSED AND ADOPTED this 13th day of June, 1994. o 1, M yor ATTEST: Mattie Cunningham, City Cle APPROVED AS TO FORM: K. FlAynes, QXy Attorney City Manager Malone advised that the next item, appointing a member to the Building Commission to fill the unexpired term of John Bell had been tabled at the January 6, 1994 meeting, and a motion was need to bring it from the table. A motion was made by Councilman Clifford, seconded by Councilman Fulbright to bring the item from the table. The motion carried 6 ayes, 0 nays. Resolution No. 94 -069, appointing Williams E. Cupit as Realtor to serve as a member of the Building Commission of the City of Paris for a term of two years beginning January 1, 1994, and appointing Paul Lemons, TU Electric, as a permanent member of the Building Commission, was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright. The motion carried 6 ayes, 0 nays. 279 RESOLUTION NO. 94 -06.9 WHEREAS, the term of office of John F. Bell as a member of the Building Commission of the City of Paris did expire on December 31, 1993; and, WHEREAS, the Mayor of the City of Paris, Don Shelton, does hereby recommend the appointment of William E. Cupit as Realtor for a term of two (2) years, beginning January 1, 1994, and ending December 31, 1995; and, WHEREAS, there exists a vacancy on the membership of the Building Commission due to the resignation of Marvin Snodgrass, and it is necessary to appoint his successor, and the Mayor of the City of Paris, Don Shelton, having appointed Paul Lemons, TU Electric to replace Marvin Snodgrass as a permanent member, and has submitted the name of such person to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointment of William E. Cupit as Realtor to serve as a member of the Building Commission of the City of Paris, for a term of two (2) years, beginning January 1, 1994, and ending December 31, 1995, be, and the same is hereby approved and confirmed by the City Council of the City of Paris; and, BE IT FURTHER RESOLVED, that the appointment of Paul Lemons, TU Electric, as a permanent member of the Building Commission, is, by the City Council of the City of Paris, hereby approved and confirmed. PASSED AND ADOPTED this l3th day of June, 1994. rpaminum)" raIN-511011/ r 1. MWOMM BE ATTEST: Mattie Cunningham, City Cie APPROVED AS TO FORM: Haynes<<ityy Attorney Resolution No. 94 -070, re- appointing B ill L ghfoot, pme to , Louis Hagood, Historian, Donald Wilson, Prospect team of the Chamber of Commerce of Lamar D Coy ty, Inc. , Patricia Davis, Lamar County Historical commissions Director Aikin Archives, Debbie Burks, Lamar County Historical Society, and David Denney, Member -at- Large, to serve as members of the Historic Landmark Preservation Committee of the City of Paris for a term of two years, beginning July 1, 1994, was presented. A motion was made by Councilwoman McDonald, sec dedri by Councilman On Clifford for approval of the resolution. The RESOLUTION NO. 94-070 WHEREAS, the terms of office of BILL LIGHTFOOT, LOUISE HAGOOD, DONALD WILSON PATRICIA DAVIS, DAISY HARVILLE, DEBBIE BURKS and DAVID DENNEY as members of the Historic Landmark Preservation Committee of the City of Paris, will expire on June 30, 1994; and, WHEREAS, the Mayor of the City of Paris, Don Shelton, does hereby recommend the re- appointment of BILL LIGHTFOOT a, Architect, LOUISE HAGOOD, Historian, DONALD WILSON, Economic Development /Industrial Prospect Team of the Chamber of Commerce of Lamar County, Inc., PATRICIA DAVIS, Lamar County Historical Commission, DAISY HARVILLE, Director of Aikin Archives, DEBBIE BURKS, Lamar County Historical Society and DAVID DENNEY, Member -at- Large, for a term of two (2) years, beginning July 1, 1994, and ending June 30, 1996; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointments of BILL LIGHTFOOT, Architect, LOUISE HAGOOD, Historian, DONALD WILSON Economic Development /Industrial Prospect Team of the Chamber of Commerce of Lamar County, Inc., PATRICIA DAVIS, Lamar County Historical Commission, DAISY HARVILLE, Director Aikin Archives, DEBBIE BURKS, Lamar County Historical Society, and DAVID DENNEY, Member -at- Large, to serve as members of the Historic Landmark Preservation Committee of the City of Paris, for a term of two (2) years, beginning July 1, 1994, and ending June 30, 1996, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. PASSED AND ADOPTED this 13th day of June, 1994. / � R m "Im i. ATTEST: Mattie Cunningham, City F Jerk APPROVED AS TO FORM: T. K. aynes, City Attorney Resolution No. 94 -071, re- appointing Mrs. Marvin Gibbs and Joe Rex, and the appointment of Keith Wood, to serve as members of the Library Advisory Board of the City of Paris for a term of three years, beginning July 1, 1994, was presented. A motion was made by Councilman Jenkins, seconded by Councilman Bell for approval of the resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 94 -071 WHEREAS, the terms of office of Mrs. Marvin Gibbs, Joe Rex and BiII Neely, as members of the Library Advisory Board of the City of Paris, will expire on June 30, 1994; and, WHEREAS, the Mayor of the City of Paris, Don Shelton, does hereby recommend the re- appointments of Mrs. Marvin Gibbs and Joe Rex, and the appointment of Keitt Wood, for a term of three (3) years, beginning July 1, 1994, and ending June 30, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointments of Mrs. Marvin Gibbs and Joe Rex, and the appointment of Keitt Wood, to serve as members of the Library Advisory Board of the City of Paris, for a term of three (3) years, beginning July 1, 1994, and ending June 30, 1997, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. PASSED AND ADOPTED this 13th day of June, 1994. Don Shej6n,-FAay-0�- ATTEST: Mattie Cunningham, City erk APPROVED: T. K. aynes ity Attorney Resolution No. 94 -072, re- appointing Joel McCray, Joe McCarthy and Nadine Ausbie, to serve as members of the Planning and Zoning Commission of the City of Paris for a term of three years, beginning July 1, 1994, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 94-072 WHEREAS, the terms of office of Joel McCray, Joe McCarthy and Nadine Ausbie as members of the Planning and Zoning Commission of the City of Paris, will expire on June 30, 1994; and, WHEREAS, the Mayor of Lhe City of Paris, Don Shelton, does hereby recommend the re- appointments of Joel McCray, Joe McCarthy and Nadine Ausbie for a term of three (3) years, beginning July 1, 1994, and ending June 30, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointments of Joel McCray, Joe McCarthy and Nadine Ausbie, to serve as members of the Planning and Zoning Commission of the City of Paris, for a term of three (3) years, beginning July 1, 1994, and ending June 30, 1997, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. PASSED AND ADOPTED this 13th day of June, 1994. Don Shelton, ayo ATTEST: Mattie Cunningham, City Jerk APPROVED AS TO FORM: T. K-' Ilraynes, Cif Attorney Resolution No. 94 -073, re- appointing Charles D. Thompson, to serve as a member of the Traffic Commission of the city of Paris, for a term of Y Mackey as a three years, beginning July 1, 1994, and appointing member of the Traffic Commission to serve the unexpired term of Tom Kolko which ends rdunese�ond d 5by was CouncilmaneBell Afo�tapproval ma by Councilman Cliffo , resolution. The motion carried 6 ayes, 0 nays. o-'� -1 282 283 RESOLUTION NO. 94 -073 WHEREAS, the term of office of CHARLES D. THOMPSON as a member of the Traffic Commission of the City of Paris, will expire on June 30, 1994; and, WHEREAS, the Mayor of the City of Paris, Don Shelton, does hereby recommend the re- appointment of CHARLES D. THOMPSON a term of three (3) years, beginning July 1, 1994, and ending June 30, 1997; and, WHEREAS, there exists a vacancy on the membership of the Traffic Commission due to the resignation of Tom Kolko, and it is necessary to appoint his successor, and the Mayor of the City of Paris, Don Shelton, having appointed RICKY MACKEY to serve the unexpired term of Tom Kolko, which ends June 30, 1995, and has submitted the name of such person to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointment of CHARLES D. THOMPSON, to serve as a member of the Traffic Commission of the City of Paris, for a term of three (3) years, beginning July 1, 1994, and ending June 30, 1997, be, and the same is hereby approved and confirmed by the City Council of the City of Paris; and, BE IT FURTHER RESOLVED, that the appointment of RICKY MACKEY, as a member of the Traffic Commission to serve the unexpired term of Tom Kolko, which ends June 30, .1995, is by the City Council of the City of Paris hereby approved and confirmed. PASSED AND ADOPTED this 13th day of June, 1994. f)ffn Shelton, Mayor ATTEST: Mattie Cunningham, City 61erk APPROVED AS TO FORM: T. K. aynes, y Attorney Resolution No. 94 -074, authorizing and directing the City Attorney, T. K. Haynes, to proceed to take action to include the City of Paris in the Class Action in the City of Port Arthur vs Southwestern Bell, Cause No. D- 142,176, and that the City Manager of the City of Paris, Michael E. Malone is hereby authorized and directed to execute on behalf of the City of Paris, any required instruments or pleadings, was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the resolution. The motion carried 6 ayes, 0 nays. 284 RESOLUTION NO. 94 -074 WHEREAS, the City Council of the City of Paris has received Notice of Class Action in the City of Port Arthur vs. Southwestern Bell Cause No. D- 142,176 wherein the class seeks payment of various percentages of gross receipts derived from the rendition of "local exchange telephone transmission service "; and, WHEREAS, the City Council finds that it is in the best interest of the citizens of the City of Paris to pursue this claim for underpayment of fees by being included within the class; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Attorney, T. K. Haynes, be, and lie is hereby authorized and directed to proceed to take action to include the City of Paris in the Class Action in the City of Port Arthur vs. Southwestern Bell, Cause No. D- 142,176, and that =the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, any required instruments or pleadings. PASSED AND ADOPTED this 13th day of June, 1994. L Don Shelton, Mayor ATTEST: Mattie Cunningham, City Cfbrk APPROVED AS TO FORM: T. K. Haynes, etty Attorney Resolution No. 94 -075, resolving that Resolution No. 94 -047, be and the same is hereby amended as follows, approving the plans and specification for the Water Treatment Plant Expansion 92WSRB03 -92, and resolving that such construction project be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 S. E. 1st, Paris, Texas, was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the resolution. The motion carried 6 ayes, 0 nays. 4285 RESOLUTION NO. 94 -07 5 WHEREAS, the City Council of the City of Paris did heretofore on the 9th day of May, 1994, pass Resolution No. 94 -047, which said Resolution was incorrect and requires correction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Resolution No. 94 -047, be, and the same is hereby amended to read as follows: "WHEREAS, the City Council of the City of Paris, did heretofore authorize the preparation of plans and specifications for a project of construction for the Water Treatment Plant Expansion; and, WHEREAS, such plans and specifications have been prepared by Bucher Willis & Ratliff, with the title being given thereto of "WATER TREATMENT PLANT EXPANSION 92WSRB03 -92" Project, which plans and specifications are recommended for approval by the City Engineer of the City of Paris; and, WHEREAS, such plans and specifications should be approved and such project should be authorized for advertisement for bids; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the plans and specifications for the "WATER TREATMENT PLANT EXPANSION 92WSRB03 -92" Project be, and the same are hereby approved; and, BE IT FURTHER RESOLVED, that such construction project be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 1st Street S.E., Paris, Texas 75460, until 3:00 o'clock P.M. on Tuesday, July 26, 1994, at which time said bids will be opened in the City Council Chamber, City Hall, 135 1st Street S.E., Paris, Lamar County, Texas, and bids will be tabulated and presented to the City Council on the 8th day of August, 1994, for the purpose of letting such bid." PASSED AND ADOPTED this 13th day of June, 1994. on Shelton, Ma or ATTEST: Mattie Cunningham, City Clhrk APPROVED AS TO FORM: T Attorney R&SWORK: WTPEXP.AMD 286 Resolution No. 94 -076, approving the contract between the Paris Economic Development Corporation, the Lamar County Chamber of Commerce and Gary L. Vest for professional services, was presented. A motion was made by Councilman Clifford, seconded by Councilman Jenkins for approval of the resolutions. The motion carried 6 ayes, 0 nays. q RESOLUTION NO. 94-076 WHEREAS, the Paris Economic Development Corporation and the Lamar County Chamber of Commerce have need for professional services and Gary L. Vest is agreeable to providing such professional services; and, WHEREAS, it is deemed to be in the best interest of the City of Paris that such professional services contract in the form of Exhibit A attached hereto and made a part hereof be approved; NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, that the contract between the Paris Economic Development Corporation, the Lamar County Chamber of Commerce and Gary L. Vest for professional services described in Exhibit A attached hereto, be, and the same is hereby, approved. PASSED AND ADOPTED this 13th day of June, 1994. � ylwyz�' on She ton, ay A'T'TEST: Mattie Cunningham, City Clerk, APPROVED AS TO FORM: T. K. f i aynes qty Attorney 287 EMPLOYMENT AGREEMENT This Agreement, made this 15th day of June, 1994, by and between the Paris Economic Development Corporation, acting by and through its President, Philip R. Cecil, duly authorized, hereinafter called PEDC, the Lamar County Chamber of Commerce, acting by and through its President, Jo Ann Parkman, duly authorized, hereinafter called CHAMBER, and Gary L. Vest, hereinafter called VEST. WHEREAS, PEDC and CHAMBER do jointly provide funding for the employment of the Director of Economic Development of the Paris Economic Development Corporation and Chamber CEO; and, WHEREAS, PEDC and CHAMBER desire to obtain the services of VEST and VEST desires to be employed by PEDC and CHAMBER upon the terms and conditions hereinafter set forth. KNOW ALL MEN BY THESE PRESENTS, That PEDC and CHAMBER and VEST do hereby contract and agree as follows: SECTION 1. Employment PEDC and CHAMBER hereby agree to employ VEST, and VEST hereby agrees to serve PEDC and CHAMBER as an "at -will" employee, limited only as hereinafter specifically set out, with duties, responsibilities and rights as hereinafter set forth. SECTION 2. Duties VEST will be subject to the direction and instructions of PEDC and CHAMBER. A. VEST will devote a minimum of one -third (1/3) of his time, attention and energies to duties as directed by PEDC and attend all meetings of the Paris Director of Economk Devclovmcnt of the PEDC and Ownber CFA - CONTRACT - Page 1 EXHIBIT 28"s Economic Development Corporation and report on industrial development activities and related matters; and, B. VEST will devote the remainder of his time, attention and energies to the business of the CHAMBER, or PEDC; where they coincide, as permitted by the CHAMBER; and, C. VEST will use his best effort to promote the interests of PEDC and CHAMBER; and, D. VEST will perform such other duties as CHAMBER may from time to time assign to him. SECTION 3. Compensations PEDC and CHAMBER shall pay VEST a salary, before required deductions, of not less than $5,416.67 per month, payable monthly. All such compensation shall be subject to the customary withholding tax, Social Security tax, and other employment or payroll taxes as may be required and provided by the United States of America or the State of Texas. SECTION 4. Term Except to the extent otherwise stated in this Paragraph, VEST serves at the will of PEDC and CHAMBER. In the event that VEST is terminated from his employment for any reason other than for cause, in accordance with Section 13, PEDC and CHAMBER agree to continue to pay and provide to VEST all salary and benefits due hereunder for a period of 180 days from the effective date of termination. Should VEST's employment be terminated for cause, in accordance with Section 13, then this Agreement shall automatically cease and be of no further Director of Economic Devcloomrnt of the PEDC and Omibcr CEO - CONTRACT - Pagc 2 force and effect. All VEST's rights to salary or other benefits shall cease at the time VEST is terminated for cause. SECTION S. Insurance CHAMBER shall provide VEST with the following insurance coverage: A. Health /Major Medical Insurance coverage under the Texas Chamber of Commerce Executive Plan, or comparable plan, with VEST's portion of the premium to be paid by CHAMBER. VEST may pay for dependent coverage, if he elects to do so; and, B. Term life insurance coverage on VEST's life for a face amount equal to 1 112 (one and a half) times VEST's base annual compensation (monthly pay x 12). SECTION 6. Sick Leave VEST shall be allowed one (1) day sick leave per month of employment, such sick leave may be accumulated up to a maximum of sixty (60) days. Sick leave credit will begin sixty (60) days after employment, or effective January 1, 1989, whichever is the latest effective date. SECTION 7. Vacation Holidays VEST shall be entitled to take as holidays those days as may be from time to time taken by the Lamar County Chamber of Commerce as holidays. VEST shall be eligible for vacation as follows: A. After one year - three (3) weeks. VEST shall take vacation in such year for which he is eligible for same, and VEST may not carry over accrued vacation without express authorization of PEDC and CHAMBER. SECTION 8. Automobile /Travel Expenses Director of Economic Dcvcloyment of the PEDC and (lumber CFO - CONTRACT - Page 3 2 ,90 CHAMBER agrees to pay to VEST a car allowance of $500.00 per month for VEST's business use of his personal vehicle within Lamar County. VEST shall provide a vehicle appropriate for use in business pursuant to this contract, and VEST shall be responsible for payment of liability insurance on such vehicle in an amount approved by PEDC and CHAMBER. CHAMBER agrees to reimburse VEST for out -of- county travel on a cost basis in accordance with PEDC's and CHAMBER's established policies. SECTION 9. Professional Dues and Meetings CHAMBER agrees to reimburse VEST for expenses incurred for attendance at conferences, courses, seminars and other similar professional growth activities, and reasonable expenses incurred therewith, including membership in professional organizations in keeping with VEST's position, provided same do not interfere with his responsibilities under this Agreement. Further, any such expenses shall be approved by CHAMBER in advance before VEST may be reimbursed for same. SECTION 10. Entertainment Allowance CHAMBER agrees to. reimburse VEST for reasonable business- related entertainment expenses incurred by him incident to performance of his duties under this Agreement. Entertainment expenses, and any allowance or reimbursement therefor, shall be subject to the policies of PEDC and CHAMBER. SECTION 11. Miscellaneous Benefits A. CHAMBER agrees to pay enrollment fees, monthly dues, and business - related expenses for VEST's me Abership in one local country club. VEST agrees to pay any such charges related solely to personal entertainment or family use. Director of Economic Dcv lopnum of the PEDC and (ltantber CEO - CONTRACT - Page 4 291 B. CHAMBER agrees to match VEST's contributions up to five percent (5%) of VEST's salary towards a retirement plan for VEST. If possible, VEST may continue the American Chamber of Commerce Plan, but if that plan is not transferable, an equivalent, fully vested plan mutually agreed upon by the parties hereto will be provided VEST. SECTION 12. Other Employment VEST may not render services of any professional nature, including consulting work, personal appearances, or speeches, to or for any person or firm for compensation, nor engage in any activity which may be competitive with or adverse to this employment, without the express consent of PEDC and CHAMBER. SECTION 13. Termination for Cause VEST may be terminated from employment hereunder at any time for cause, to include; A. Repeated neglect of duties; B. Conviction of a felony or any crime involving moral turpitude; C. Drunkenness or excessive use of alcoholic beverages, or illegal use of drugs, hallucinogens or other substance regulated by the Texas Controlled Substance Act or federal law; D. Disability, not otherwise protected by law, that substantially impairs performance of required or assigned duties for a continuous period in excess of six (6) months; E. Immorality, including any conduct PEDC and CHAMBER in their sole discretion determine is not in conformity with the accepted moral standards of the Paris community; Director of Economic Dcvclotmxrg of the PEDC and Chamber CEO - CONTRACT - Pagc i F. Failure to meet such generally recognised standards of professional conduct as may be determined by PEDC and CHAMBER to be applicable to VEST's position; and, G. Repeated breach of any provision or directive under this Agreement. PEDC and CHAMBER will give VEST written notice-of any deficiency under provisions (A), (F), or (G), and VEST may not be terminated for cause for any deficiency so noted unless VEST fails to correct such deficiency within sixty (60) days from the date such notice is given to VEST. SECTION 14. Political Activity VEST may not actively engage in City, County or School elections within Lamar County other than those issue - related elections which may be incidental or related to performance of duties or responsibilities under this Agreement. SECTION 15. PEDC's Contribution PEDC agrees to pay to CHAMBER $25,000 annually to fund its agreed proportional one- third (1/3) of VEST's compensation. Such payment shall be paid monthly on or before the first day of each month in the amount of $2,083.33. SECTION 16. Additional Provisions Additional Assurances. The provisions of this Agreement shall be self- operative and shall not require further agreement by the parties except as may be herein specifically provided to the contrary; provided, however, at the request of either party, the other party shall execute such additional instruments and take such ;additional acts as the requesting party may deem necessary to effectuate this Agreement. Dircetor of Economic Dcvclormxd of the PEDC and (lwmbcr CEO - CONTRACT - Pagc 6 292 293 Consents, Approvals and Discretion. Except as herein expressly provided to the contrary, whenever in this Agreement any consent or approval is required to be given by either party or either party must or may exercise discretion, the parties agree that such consent or approval shall not be unreasonably withheld or delayed and such discretion shall be reasonably exercised. Legal Fees and Costs. In the event either party elects to incur legal expenses to enforce or interpret any provision of this Agreement, the prevailing party will be entitled to recover such legal expenses, including, without limitation, attorney's fees, costs and necessary disbursements, in addition to any other relief to which such party shall be entitled. Choice of Law and Venue. Whereas PEDC's and CHAMBER's principal place of business, in regard at least only to this Agreement, and the location of the final act to effectuate this Agreement is in the City of Paris, County of Lamar, State of Texas, this Agreement shall be governed by and construed in accordance with the laws of such State, and the courts of such County shall be the sole original jurisdiction and venue for any litigation, special proceedings or other proceeding as between the parties that may be brought, or arise out of, in connection with or by reason of this Agreement. Benefit and Assignment. Subject to provisions herein to the contrary, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective legal representatives, successors and assigns; provided, however, that no party may assign this Agreement or any or all of its rights or obligations hereunder without the prior written consent of the other parties. Waiver of Breach. The waiver by any party of breach or violation of any provision of Dirrctor of Economic DeveloomerN of the PEDC and Chambcr CEO - CONTRACT - Pagr 7" 294 this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the sarne or other provision hereof. Severability. In the event any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason and in any respect, such invalidity, illegality or unenforceability thereof shall not affect the remainder of this Agreement, which shall be in full force and effect and enforceable in accordance with its terms. Gender and Number. Whenever the context of this Agreement requires, the gender of all words herein shall include the masculine, feminine and neuter, and the number of all words herein shall include singular and plural. Divisions and Headings. The divisions of this Agreement into sections and the use of captions and headings in connection therewith are solely for convenience and shall have no legal effect in construing the provisions of this Agreement. Entire Agreement and Amendment. This Agreement supersedes all previous contracts, and constitutes the entire agreement of whatsoever kind or nature existing between or among the parties respecting the within subject matter, and no party shall be entitled to other benefits than those specified herein. As between or among the parties, oral statements or prior written material not specifically incorporated herein shall be of no force and effect; the parties specifically acknowledge that, in entering into and executing this Agreement, each is relying solely upon the representations and agreements contained in this Agreement and no others. All prior representations or agreements, whether written or verbal, not expressly incorporated herein, are superseded and no changes in or additions to this Agreement shall be recognized unless and until made in writing and signed by all parties hereto. Director of Economic Development of the PEDC and Chamber CEO - CONTRACT - Page B .295 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: Richard M. Amis, Secretary ATTEST: Secretary PARIS ECONOMIC DEVELOPMENT CORPORATION Philip R. Cecil, President LAMAR COUNTY CHAMBER OF COMMERCE Jo Ann Parkman, President Gary L. Vest Director of Economic Dcvclonment of the PEDC and Chamber CEO . CONTRACT - Page 9 City Manager Malone reported that he had received a copy of a report from Lamar County Cooperative Association on a rate filing package which is a decrease in the rates, and no action is required. There being no further business, the mee t in adjourned. Di-SHIELTON—.MAYUR, CITY OF PARIS ATTEST: M TTIE CUNNINGHAM, CITY 4ERK 297 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL June 27, 1994 The City Council of the City of Paris met in special session, Monday, June 27, 1994, 6:05 P.M., City Hall, City Council Chambers, Paris, Texas. Mayor Don Shelton called the meeting to order with the following council members present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Aaron Jenkins and Wayne Brown. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes and Assistant City Clerk, Barbara Denny. City Manager Malone announced the first item on the agenda was receipt of recommendation of the Redistricting Study Committee. He stated the Redistricting Study Committee has had several meetings with the consultant present, and they have examined several different versions of the reapportionment map. He said two public hearings have been held with participation from the citizenry. He said he had enclosed with the council's packet copies of the minutes of those meetings for their review. He asked the City Attorney to give a brief explanation of the recommendation of the committee. City Attorney Haynes said the City's consultant in the redistricting process Mr. Bob Bass of Allison & Associates was present. Mr. Haynes advised after reviewing recommendations by the consultant the committee wanted him to prepare two districts that would have minority majorities in them and be constitutionally acceptable. He stated Mr. Bass has come up with what has become Districts One and Two on the final plan as adopted and recommended by the citizens committee. Mr. Haynes said these districts have all of the majority minority voter boxes included in either District One or District Two except two. Mr. Haynes advised after reviewing the plan the committee proposed they had made one minor adjustment which moves a small amount of property from District Four into District Seven and a small amount of property from District Seven into District Four which placed the polling places that are used with one in each of those districts. He said before these lines were adjusted both Aiken and Crockett schools were in the same district. He said these polling places are used because they are handicapped accessible. He said by adjusting those lines they were able to accomplish this. He said they felt with the minority community support pledged and the support of the committee this is a good plan for Paris which will be well received by the total citizenry and will be precleared by the Justice Department. Mr. Haynes stated this plan meets the constitutional requirements for districts and for districts that do not offend the Voters Rights Act which was the reason for reapportionment. 298 City Attorney Haynes stated Mr. Bass would be glad to answer any questions the council might have regarding redistricting. Councilman Brown asked population -wise in all the districts highs and lows are they just talking about ten percent _ difference in populations? Mr. Bass said yes, that was all that was permitted. He said there are some exceptions, but they do not apply in this case. Mr. Bass advised the total population deviation top to bottom is 8.44% which is in District One. District One and Two are the two minority dominated districts. He said they purposely undersized those as much as they could, and District One the ideal size for that district would be 3,528 people. District One under this plan is 3,337 which is 191 people below the ideal or 5.4% below the ideal. He said District Two is at 3,400 which is 128 people below the ideal. District Three is at 3,602 which is 74 people above the ideal. District Four is the largest district is 3,635 and 107 people above the ideal. District Five is 3,577 which 49 people above the ideal. District Six is 3,552 with 24 people above the ideal, and District Seven is 3,601 which is 73 people above the ideal. He said taking the district which is the most below and the smallest district and the largest district and combine those percentages to see if you are within the 10% range. He said District One is the smallest with 5.41 and District Four is the largest with 3.03 and adding these two together you get 8.44% maximum deviation. He said those numbers are well within the maximum that the courts typically permit. He said this plan is undersizing the two minority districts to achieve greater representation. He stated in comparison to the plan adopted in 1976, which was court ordered, had a maximum minority population in District One of 61.64% and District Two had 56.54% with a combined minority figure. He said the present plan has a maximum combined minority of 59.48% in District One and 62.03% in District Two, so the proposed final plan surpasses the percentages set out in the court order in 1976. He said this plan is in compliance with the Voting Rights Act and the constitution. He said it was important that this plan does have minority community support. He said the citizens committee had very open and frank discussions, and the proposal was made in a very cooperative manner. Mr. Bass noted that between the 1976 court order and the current state of affairs the minority population has become much more diffuse across the city. He said in the present proposal they have had to do a considerable amount of reordering of the lines to keep those percentages at an acceptable level. He said this is due to the distribution of the minority population becoming more pronounced. Mr. Bass stated that at some point in time it will probably be difficult, if not impossible to create a continuing scheme of two minority districts at the percentage levels present now. He said he felt Paris had made remarkable progress over the last twenty years since the last court order was imposed. City Attorney Haynes advised that under the law council members elected will continue to serve even though they may not now be in the same district they were elected to, and Mr. Bass agreed. Mr. Bass pointed out those who were elected continue to serve out their full terms uninterrupted, and when those terms expire the person running for re- election to that district would have to reside in the new district with the election sequence remaining the same with the years being unaffected by the change of boundaries itself. City Manager Malone called for consideration of and action on adoption of a redistricting map establishing seven (7) single member constitutionally constituted districts which does not offend the Voting Rights Act of 1965. Mayor Pro Tem Eric Clifford made a motion, seconded by Councilwoman Millie McDonald, to adopt the redistricting map establishing seven (7) single member constitutionally constituted districts which does not offend the Voting Rights Act of 1965, which carried 6 ayes - 0 nays. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance providing for the election of a council member from districts in alternating even and odd years, providing for the designation of polling places within each district, providing for posting notice of such elections, and providing for submission for preclearance to the United States Department of Justice. Councilwoman Millie McDonald made a motion, seconded by Councilman Charles Fulbright, to authorize the preparation of an ordinance providing for the election of a council member from districts in alternating even and odd years, providing for the designation of polling places within each district, providing for posting notice of such elections, and providing for submission for preclearance to the United States Department of Justice which carried unanimously 6 - 0. City Manager Malone called for consideration of and action on an ordinance providing for the election of a council member from districts in alternating even and odd years, providing for the designation of polling places within each district, providing for posting notice of such elections, and providing for submission for preclearance to the United States Department of Justice. ORDINANCE NO. 94 -028 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY ADDING SECTIONS 2 -4 AND 2 -5 TO CHAPTER 2, ARTICLE 1 OF SAID CODE; PROVIDING FOR THE ELECTION OF A COUNCIL MEMBER FROM DISTRICTS IN ALTERNATING EVEN AND ODD YEARS: PROVIDING FOR THE DESIGNATION OF POLLING PLACES WITHIN EACH DISTRICT; PROVIDING 300 FOR POSTING NOTICE OF SUCH ELECTIONS; AND PROVIDING FOR SUBMISSION FOR PRECLEARANCE TO THE UNITED STATES DEPARTMENT OF JUSTICE was presented. A motion was made by Charles Fulbright, seconded by Councilman Aaron Jenkins for the adoption of the ordinance. The motion carried 6 ayes, 0 nays. Mayor Shelton asked if there was any other business and there being none he declared the council meeting adjourned. M OR DON SHEL N ATTEST: BARBARA DENNY, ASSISTANT CITY CLERK MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL July 7, 1994 The City Council of the City of Paris met in regular session, Thursday, July 7, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and Deputy City Clerk, Joe McCollum. Joe McCollum, Director of Community Development, present the minutes of the Planning and Zoning Commission's meeting held July 5, 1994, and attached hereto as part of these minutes as Exhibit A. Mayor Shelton declared the public hearing open on the petition of Leslie Stidham for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Two Family Dwelling District (2F) on Lots 21, 22, and 24, Block B, and Lots 6 and 7, Block C, Willowcrest Addition located on Cresecent Drive and 27th N. E. Mayor Shelton called for proponents to appear, and none appeared. Mayor Shelton called for opponents to appear and Shane Bolton, 1370 27th N. E., appeared presenting a petition opposing the change saying the property was deed restricted for single family use and asked that the request be denied. Nine other residents of the area were present in opposition. Mayor Shelton declared the public hearing closed. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 to a Two Family Dwelling District on Lots 21, 22, and 24, Block B and Lots 6 and 7, Block C, Willowcrest Addition. A motion was made by Councilman Fulbright moved for denial of the petition. Councilman Brown seconded the motion which carried 7 ayes, 0 nays. Mayor Shelton declared the public hearing open on the petition of Jim Bell for a change in zoning from a General Retail District (GR) to a Commercial District (C) on Lot 12, City Block 315 located on the north side of Lamar Avenue in the 4100 Block. Mayor Shelton called for proponents to appear and Jim Bell, 2221 Lamar Avenue, spoke in behalf of the property owners, Jo and David Miesch, saying they had two prospects for sale of the property for a new auto dealerships. He said the property fronted only on Lamar Avenue, and that an auto dealership would create less traffic than an alternate proposal to divide the land into two parcels for use as restaurant sites. In reply to a question, he said there would be no objection to providing a greenbelt for screening the commercial area from the residential area. Mayor Shelton called for opponents to appear and Deloria Tippitt, 4120 Enchanted Drive and Debbie Huggins, 4155 Enchanted Drive, spoke in opposition saying the commercial activity would increase the traffic on — 42nd N. E. between Pine Mill Road and Lamar Avenue making it hazardous for their families. Eight other persons were in attendance in opposition to the zoning change. Mrs. Tippitt submitted a petition asking for a 50' greenbelt next to their homes, a 10' tall wood fence and drainage to Lamar Avenue if the zoning is allowed. No one else spoke, and Mayor Shelton declared the public hearing closed. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a General Retail District to a Commercial District on Lot 12, City Block 315. Councilman Clifford made a motion to authorize the preparation of an ordinance to be presented at the next regular Council meeting changing the zoning on the tract to Commercial with the proviso that if the property was not developed for a new car dealership with in 18 months, the zoning would rever' back to General Retail, and with the further requirement of a 50 foot wide greenbelt adjacent to residential zoning and an 8 foot high privacy fence installed adjacent to residential lots. Councilman Bell seconded the motion which carried 7 ayes, 0 nays. Mayor Shelton declared the public hearing open to consider the petition of David Glass for a change in zoning from a Commercial District (C) to a Planned Development Community Unit Development (PD -b) on part of Lot 1, Block C, Morningside North Addition located on the east side of 42nd S. E. approximately 250 feet south of Lamar Avenue. Mayor Shelton called for proponents to appear, and David Glass appeared and presented his Site Plan for 12 lots, zero lot line residential subdivision similar to the Primrose addition on the west side of 42nd S. E. The Site Plan called for a 10 foot front building line and lot coverage of no more than 40 %, with houses being 1, 1 112 and 2 story brick veneer construction. Mayor Shelton called for opponents to appear and none appeared, and the public hearing was declared closed. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Commercial District (C) to a Planned Development Community Unit Development (PD -b) on part of Lot 1, Block C, Morningside North. Councilman Clifford made a motion to authorize the preparation of an ordinance changing the zoning to a Planned Development - Community Unit Development, and approving the Site Plan for the project. Councilman Fullbright seconded the motion which carried 7 ayes, 0 nays. Mayor Shelton declared the public hearing open to consider the petition of Lamar County Human Resources Council, Inc., for site plan approval in a Planned Development Housing District 311 located at 3390 Clarksville Street. (PD -b) on Lot 9, City Block Mayor Shelton called for proponents to appear, and Betty Kildahl, Executive Director of the Lamar County Human Resources Council, Inc., appeared presenting the Site Plan for 50 units of elderly housing to be developed on the property. She said that their architect had had a meeting with the City Engineer, and that all his concern had been addressed including the provision of a right turn lane to facilitate access to the property. Mayor Shelton called for opponents to appear, and Lane Park, Minister of the Springlake Baptist Church, 330 35th S. E., was present asking the Council to seek assistance from the Highway Department to improve this section of Clarksville Street with a continuous left turn lane so as to reduce the hazard of ingress and egress to the elderly housing and to the Springlake Baptist Church. Mayor Shelton declared the public hearing closed and called for a motion. Following discussion of the traffic situation, and utility service to the development, a motion was made by Councilman Clifford, seconded by Councilman Brown to authorize the preparation of an ordinance to be for consideration at the next regular Council meeting, approving the Site Plan subject to the City Engineer's requirements, and with the additional requirement that all utilities be constructed to City standards, and that an item be placed on the next agenda to pass a resolution requesting the Highway Department to construct a continuous left turn lane on that section of Clarksville Street. The motion carried 7 ayes, 0 nays. The Preliminary Plat of Paris Parcouest Phase I was tabled on a motion by Councilman Clifford, seconded by Councilman Jenkins until additional information could be received from the developer. The motion carried 7 ayes, 0 nays. The Replat of Lot 4, City Block 227 -C was approved on a motion by Councilman Bell, seconded by Councilman Clifford subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. The Preliminary Plat of Yates Estates was approved on a motion by Councilman Jenkins, seconded by Councilman Clifford subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. Councilman Clifford asked to be excused from the Council meeting for the next item. A motion was made by Councilman Bell, seconded by Councilman Brown to excuse Councilman Clifford. The motion carried 6 ayes, 0 nays, and Councilman Clifford departed the Council chambers. Mayor Shelton called for referrals, and City Attorney Haynes presented the petition of Eric Clifford for a change in zoning from an Agricultural District (A) to a One Family Dwelling District No. 2 on a 6.923 acre tract of land being part of Lot 7, City Block 319. 04 �. Councilwoman McDonald moved to bring Councilman Clifford back to the meeting. Councilman Jenkins seconded the motion which carried 6 ayes, 0 nays. Mayor Shelton adjourned the meeting as there was no further business to consider. DU(J SHELTON, 0 CITY F PARIS ATTEST: JOE MCCOLLUM, DEPUTY CITY CLERK 3CJ 15 MINUTES OF THE PLANNING AND ZONING COMMISSION JULY 5, 1994 The Planning and Zoning Commission of 1 in regular session Tuesday, July 5, Council Room, City Hall, Paris, Texas present: 1. Reeves Hayter - Chairman 5. 2. Nadine Ausbie 6. 3. John Mark Davis 7. 4. Curtis Fendley n :he City of Paris, Texas met 1994 at 5:30 P.M. in the with the following members Joe McCarthy Joel McCray Louis Yates, Jr. Also present were City Engineer Earl Smith and Director of Community Development, Joe McCollum. Chairman Hayter called the meeting to order and the Minutes of June 6, 1994 were approved as presented on a motion by Mr. McCarthy, seconded by Mr. Yates. Chairman Hayter declared the public hearing open on the petition of Leslie Stidham, for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Two Family Dwelling District (2F) on Lots 21, 22 & 24, Block B and Lots 6 & 7, Block C, Willowcrest Addition located on Crescent Drive and 27th N.E. Mr. Stidham was present and told the Commission he could not find anyone interested in buying the lots for single family use but did have an opportunity to sell for duplex construction. Shane Bolton, 1370 N.E. 27th spoke in opposition to duplex zoning on the lots and said it would be in violation of the restrictive convents of Willowcrest Addition. He submitted a petition with 37 signatures of area residents who opposed the change saying it would devalue their property. No one else spoke and the public hearing was closed. Following discussion a motion was made by Mr. Fendley, seconded by Ms. Ausbie, to recommend denial of the petition. The motion carried 7 ayes, 0 nays. Chairman Hayter declared the public hearing open on the petition of Jim Bell for a change in zoning 2rom. a General Retail District (GR) to a Commercial District (C) on Lot 12, City Block 315 located on the northside of Lamar Avenue in the 4100 Block. Mr. Bell was present and told the Commission he represented Jo and David Miesch who were considering selling the property to a car dealership and required Commercial zoning for that purpose. He also said there was a possibility that the lot would be divided into two parcels for sale to a restaurant. He went on to say that the Commercial was just one step up from General Retail and that all access to the property would be from Lamar Avenue. 30( 3 Lane Park, Minister of the Springlake Baptist Church adjacent to the proposed 50 units of elderly housing, spoke of his concern for the residents in the proposed development and his congregation members relative to traffic on Clarksville Street. He cited the 55 MPH speed limit and the access drives to the housing development and the Church being on the crest of a hill as hazardous and that the State should do something to ease the potential problem. It was pointed out that one of the requirements of the City Engineer was that a turn lane be constructed at the entrance to the elderly housing. Betty Kildahl also stated they anticipated few of the residents would own cars and that L.C.H.R.C. would provide transportation for their needs. No one else spoke and the public hearing was closed. Following discussion, a motion was made by Mr. Fendley, seconded by Ms. Ausbie to recommend approval of the Site Plan subject to the requirements in City Engineer's memorandum dated July 5, 1994, Marked Exhibit B and attached hereto. The motion carried 7 ayes, 0 nays. The Preliminary Plat of Paris Parcouest Phase I was recommended for approval on a motion by Ms. Ausbie, seconded by Mr. Fendley subject to the requirements in City Engineer's memorandum dated July 5, 1994, Marked Exhibit C and attached hereto. The motion carried 7 ayes, 0 nays. The Replat of Lot 4, City Block 227 -C was recommended for approval on a motion by Mr. McCarthy, seconded by Mr. McCray, subject to the requirements in City Engineer's Memorandum Marked Exhibit D and attached hereto. The motion carried 7 ayes, 0 nays. Mr. Yates asked to be excused from the meeting due to conflict on the next item. He was excused on a motion by Mr. McCarthy, seconded by Mr. McCray. The Preliminary Plat of Yates Estates was recommended for approval on a motion by Mr. Fendley, seconded by Mr. McCarthy, subject to the requirements in City Engineer's Memorandum dated July 5, 1994, Marked Exhibit E and attached hereto. The motion carried 6 ayes, 0 nays. Mr. Yates rejoined the meeting which was adjourned. n- e N. McCollum ecretary, ex- officio MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL July 11, 1994 The City Council of the City of Paris met in regular session, Monday, July 11, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following members present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Karl Louis, Police Chief. Mayor Shelton announced that if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Shelton asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced the next order of business would be receipt of reports from committees, boards, and commission with minutes from the Paris Public Library Advisory Board, Paris Economic Development Corporation Board, and the Paris /Lamar County Board of Health, being presented with no action required. Mr. H. Wayne Franklin, of Franklin & Associates, Roxton, Texas, appeared before the Council telling them that he was interest in attempting to arrange financing to refurbish the Gibraltar Hotel and make a Retirement Center out of it, if the building is structurally sound. His thoughts was to put in a real service station where the old garage was, so a lady could go in and get her windshield wiped, and tires checked. Mr. Franklin said he has talked with Race Trak, and they will come in and build the service station along with furnishing the fuel which will be two or three cents cheaper than anyone in town. Mr. Franklin said the service station would also have a convenience store. Mr. Franklin said he would put the hotel back like it was, or as close to it as possible, but he would need something from the City Council that they are not going to condemn the building. Mr. Franklin said he would need 30 to 45 days to arrange the finance, if he could get a letter from the City Engineer saying that the building is sound, but he did not want to spend a lot of money until he has these facts from the City of Paris. City Attorney Haynes advised that the City Engineer could tell him what he has seen, but he would not be able to certify to the soundness of the building; however, the previous owners who attempted renovation had an extensive investigation done, and found that it was structurally sound. City Attorney Haynes also said the current order that is in effect is that the building be close where it can not be vandalized, and it is .n. gat+ emA.. 4W. cM�k. M "lMM"YYWIIMMMM....e..�...._.. ._. _,.._ ... .•••....•. subject to having a plan presented by anybody as to how they would like to go about refurbishing it, or bring it back in standard. Councilman Clifford said a letter from the City Attorney stating that the City of Paris is not actively pursuing demolition or condemnation, or raising of the building at this time subject to renovation and improvements would be order. City Attorney Haynes said we could at the Special Council Meeting, if there is one coming up have an amendment to the existing ordinance that would advance the time when something has to be done on it. We are talking about a period of time for him to investigate to see if he can get in place finance, and see if it is a project that he would want to do. After further discussion, it was the consensus of the Council to place an item on the Special Council Meeting, July 18, 1994, to amend the current ordinance regarding the matter of the Gibraltar Hotel. Ms. Margie Bell, 624 Church Street, representing apartment owners, appeared before the Council presenting a petition requesting a decrease in cost of water and wastewater rates comparable to single family users, to restore equity to rates, and for the City to cease charging apartment complexes for trash removal since this service is not provided by the City. Ms. Bell stating that the City has recently increased water and wastewater rates by far greater percentage for apartment and commercial users than for single family users. Ms. Bell said this is most unfair to apartment dwellers and other, many of whom are senior citizens. Ms. Bell said that tax dollars pays for City services including water treatment and equipment, and our water facilities are used to service all of Lamar County, and wanted to know if we are subsidizing the county residents that move outside the City to avoid paying City taxes. Ms. Bell again requested the Council to reconsider the anticipated unfair water and sewer rates increase and adjust them to a fair amount, and further consider either picking up their trash or reduce the sanitation charges. Barney Bray, 3230 Mahaffey Lane, was present stating that there is not anyone from the Apartment House Owners Association, or anyone that lives in Paris that does not appreciate having good water and a good sewer system, but on the other hand, he felt that all should be charged an equal and fair amount as apportioned by everyone that uses water in our city. Mr. Bray told the Council that he pays the water bill for everyone in his apartments, it makes it simpler to read the meter, you have one meter to read instead of 20 to a 100, and that should be economical for the City of Paris, along with it being a little incentive to give a cheaper rate. Mr. Bray said they do not always have a 100% occupancy in their apartments, but they still have to pay the $4.50 a month for sanitation charges. Mr. Bray requested the Council to do a random study from every Councilman's precincts where 3CJ g they live, meters of what their bill was in June, and what it will be in June 1995 after the new rates goes into effect. Mr. Bray suggested the Council appoint a committee to look into this and see how it really effects al,l the people and their immediate precincts that they represent, and stated lie did not think that a two week wait would hurt anybody, it may be more equitable for everybody in the City. After discussion about the new water and sewer rates, it was the consensus of the Council to have a workshop session Monday, July 18, 1994, Wednesday, July 20, 1994, and Thursday, July 21, 1994, and have the rate consultant present to go over the rates again with the Council. Mayor Shelton declared the public hearing open on implementation by the Texas Utilities Electric Company of four new tariff schedules as follows: Rider ED - Economic Development Services; Rate GC - General Service Competitive Pricing; Rate WPC - Wholesale Power Competitive Pricing; and Rider ET - Environmental Technology Service. Ms. JoAnn Parkman, District Manager of T. U. Electric Company, appeared before the Council telling them that these rates are very important for economic development in Paris, and if they are passed tonight, this is the 35th day, and they can go into effect tomorrow because the City has a original jurisdiction here, and it does not have to go before the PUC approval. Mayor Shelton called for opponents to appear, none appeared, and the public hearing was declared closed. ORDINANCE NO. 94 -029 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C), LIMITED TO USE AS A NEW -CAR DEALERSHIP, FOR WHICH A BUILDING PERMIT IS ISSUED ON OR BEFORE JANUARY 10, 1996, WITH A FIFTY FOOT (50) GREENBELT AND AN EIGHT (8) FOOT HIGH FENCE ALONG THE NORTH AND EAST BOUNDARY LINES. ON LOT 12, CITY BLOCK 315, ON PROPERTY BELONGING TO DAVID AND JO MIESCH, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A GENERAL RETAIL DISTRICT (GR); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C), LIMITED TO USE AS A NEW CAR DEALERSHIP, FOR WHICH A BUILDING PERMIT IS ISSUED ON OR BEFORE JANUARY 10, 1996, WITH A FIFTY (50) FOOT GREENBELT AND A EIGHT (8) FOOT HIGH FENCE ALONG THE NORTH AND EAST BOUNDARY LINES, SO ESTABLISHED was presented. A motion was made by Councilman Clifford, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -030 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PLANNED DEVELOPMENT COMMUNITY UNIT DEVELOPMENT (PD -b) ON PART OF LOT 1, BLOCK C, MORNINGSIDE NORTH ADDITION, ON PROPERTY BELONGING TO DAVID GLASS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT; AND DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT COMMUNITY UNIT DEVELOPMENT (PD -b) TO ESTABLISHED was presented. A motion was made by Councilman Bell, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -031 AN ORDINANCE AMENDING ZONING ORDINANCE NUMBER 94 -007, WHICH AMENDED ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, BY REVISING SECTION 2 OF SAID ORDINANCE; PROVIDING FOR THE APPROVAL OF A SITE PLAN FOR LOT 9, CITY BLOCK 311; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 11, 1994 was presented. A motion was made Councilman Fuibright for ,: ,-;option of 7 ayes, 0 nays. ORDINANCE NO. 94 -032 by Councilman Jenkins, seconded by the ordinance. The motion carried AN ORDINANCE APPROVING TEXAS UTILITIES ELECTRIC COMPANY'S PROPOSED RIDER ED - ECONOMIC DEVELOPMENT SERVICE, RATE GC -- GENERAL SERVICE COMPETITIVE PRICING, RATE WPC - WHOLESALE POWER COMPETITIVE PRICING, AND RIDER ET - ENVIRONMFNTAL TECHNOLOGY SERVICE; PROVIDING AN EFFECTIVE DATE THEREFORE; PROVIDING CONDITIONS WHICH SUCH RATE SCHEDULES AND SERVICEE REGULATIONS MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW was presented. A motion was made by Councilman Clifford, seconded by Councilman Bell for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulations of bids for a voice recorder logging system for the Paris Police Department, and the following bids were presented: Dictaphone Corporation Model 9800 (Dat) $25,495.00 Model - Guardian (DAT) $33,189.00 Communications Systems, Inc. Model - SEL - TRONICS (EIOOO -DAT) $25,190.00 Racal Recorders, Inc. Model - Word Safe Maxima (VIIS) $23,165.00 It was the recommendation of Karl Louis, Chief of Police, to award the bid to Communications Systems, Inc., in the amount of $25,190.00 which meets all specifications. A motion was made by Councilman Brown, seconded by Councilwoman McDonald awarding the bid to Communications Systems, Inc. in the amount of $25,190.00. Tile motion carried 7 ayes, 0 nays. Resolution No. 94 -077, reappointing Richard M. Amis to serve as a member of the Paris E-.:)notnic Development Corporation of the City of Paris for a term of three years, beginning July 20, 1994, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. 310 1/ � �l �. 312 RESOLUTION NO. 94 -077 WHEREAS, the term of office of Richard M. Amis as a member of the Paris Economic Development Corporation of the City of Paris, will expire on July 19, 1994; and, WHEREAS, the Mayor of the City of Paris, Don Shelton, does hereby recommend the reappointment of Richard M. Amis for a term of three (3) years, beginning July 20, 1994, and ending July 19, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the reappointment of Richard M. Amis to serve as a member of the Paris Economic Development Corporation of the City of Paris, for a term of three (3) years, beginning July 20, 1994, and ending July 19, 1997, be, and the same is hereby, approved and confirmed by the City Council of the City of Paris. PASSED AND ADOPTED this 1 lth day of July, 1994. Don Shelton, ayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: K. ynes, ity Attorney A motion was made by Councilman Bell, seconded by Councilman Brown to bring appointing members to the Architectural Preservation Committee from the table. The motion carried 7 ayes, 0 nays. Resolution No. 94 -078, reappointing Toni Dorman as a Citizen of Lamar County, Deborah Anderson, as a Member of Lamar County Historical Commission and David Denney as a Citizen of Lamar County, to serve as members of the Architectural Preservation Committee, of the Central Business District of the City of Paris, and the reappointment of George Kimbrough, as Members Visitors & Convention Council, for a term of two years, beginning July 1, 1994 was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. 313 RESOLUTION NO. 94 -078 WHEREAS, the terms of office of Michael Rhodes, Toni Donnan, Deborah Anderson and David Denny, as members of the ARCHITECTURAL PRESERVATION COMMITTEE of the Central Business District of the City of Paris, did expire on June 30, 1994; and, WHEREAS, the Mayor of the City of Paris, Don Shelton, does hereby recommend the re- appointments of Toni Donnan as a Citizen of Lamar County, Deborah Anderson, as a Member of Lamar County Historical Commission and David Denney as a Citizen of Lamar County, and the appointment of George Kimbrough as Member Visitors & Convention Council, for a term of two (2) years, beginning July 1, 1994, and ending June 30, 1996; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the re- appointments of Toni Donnan as a Citizen of Lamar County, Deborah Anderson, as a Member of Lamar County Historical Commission and David Denney as a Citizen of Lamar County, to serve as members of the ARCHITECTURAL PRESERVATION COMMITTEE of the Central Business District of the City of Paris, and the re- appointment of George Kimbrough as Member Visitors & Convention Council, for a term of two (2) years, beginning July 1, 1994, and ending June 30, 1996, be, and the same are hereby, approved and confirmed by the City Council of the City of Paris. PASSED AND ADOPTED this 11 th day of July, 1994. JI.- o She for , ay r ATTEST: Mattie Cunningham, City Cler a ED AS O FORM: ynes, Cfty Attorney Resolution No. 94 -079, resolving that an application be made to the Office of the Governor, Automobile Theft Prevention Authority for an Automobile Theft Prevention Grant Program grant in the approximate amount of $100,000.00 being 100% of the estimated cost of the Automobile Theft Prevention Program, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -079 WHEREAS, Office of the Governor, Automobile' Theft 'Prevention Authority provides funding for automobile theft prevention grants; and, WHEREAS the City Council of the City of Paris is desirous of processing a grant application for the Automobile Theft Prevention Grant Program grant, up to a total of $100,000.00 with no matching funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Office of the Governor, Automobile Theft Prevention Authority for an Automobile Theft Prevention Grant Program grant in the approximate amount of $100,000.00 being 100% of the estimated cost of the Automobile Theft Prevention Program. 2. That Michael E. Malone, City Nianager of the City of Paris, be, and lie is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Karl Louis, be, and he is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for the City of Paris Police Department's participation in the Automobile Theft Prevention Program. PASSED AND ADOPTED this I I th day of July, 1994. on 411eltl, iyor AT'IT!,ST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: K.` 4aynes, qty Attorney 314 �- 3 �, r� ZS 16 APPLICATION FOR STATE OR FEDERAL ASSISTANCE OFFICE OF THE GOVERNOR, AUTOMOBILE THEFT PREVENTION AUTHORITY ATPA -1 1. For ATPA Use Only 3. a. Date Submitted b. Applicant Identifier 2. Federal /State Program Classification (For ATPA Use Only) 4, a. Date Received by State b. Slate Application Identifier 5. Applicant Information a. Legal Name: i c. Organizational Unit b. Address (give street or P. O. Box, city, county, state, and zip code) d. Name and telephone number of the person to be contacted on matters involving this application (give area code). 7. Type of Applicant (enter the appropriate letter in box) F] 6. State Payee Identification Number A State H Independent School Dis1nq B County I State Controlled Institution of Hidner Learning C Municipal J Private University D To+mship K Indian Tribe d Type of Application: E Interstate L Indite dual ❑ New ❑ Continuation ❑ Revision F Inte•municpal M NonprofrtOroanization If Revision, check appropriate box(es). G Spec a' District 14 Other (specify) • Increase Award ❑ Other (specify) 9 Name of Grantor Agency: • Decrease Award • Increase Duration Automobile Theft Prevention Authority 4000 Jackson Avenue ❑ Decrease Duration s Austin, Texas 78779 -0001 10. Title of Project: 1 11. Areas of Project Activities (Cities, Counties, States, etc.) 12. Proposed Project Start Date: 13. Is application subject to review by state executive order 12372 process? Ending Date: ❑ YES, this application was made available to the Texas Review and Comment 14. Requested Funding: System ((RAGS) for review on ............................. .................................... ............................... (date) a. State Grant ' S .00 ■ NO. Funds (ATPA) D Program is not covered by E. O. 12372 b. Cash Match t $ ■ Program has not been selected by state for review c. In-Kind : S .00 ..... °-- - °- -----... °-- * --- --- ------- - --- - - --- ---- — -- °- — -- - ............................................................................ ............................... 15. Is the applicant delinquent on any federal debt? d. TOTAL i S 00 i O YES If 'Yes" attach an explanation ❑ NO 16. To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a. Typed Name of Authorized Official b. Title i c. Telephone Number ............................. -......-----...___...........................................................__.. d. Signature of Authorized Official i ......... .(._ ................ ............ _ ..................... .... ..:...... _............. -......... ............................... e. Date Signed 31 AT PA -2 CONTINUATION PAGE This section must include a brief description (not exceeding 200 words) of the proposed project. For continuation, if necessary, of any item on application page ATPA -1. Identify by number the item being continued. This sheet may also be used for any other remarks, at the applicant's option. PART II PROJECT APPROVAL INFORMATION Item 1. Does this assistance request require state, local, regional, or other priority rating? ❑ Yes ❑ No Name of Governing Body Priority Rating Item 2. Does this assistance request require state, or local Name of Agency or Board advisory, educational, or health clearance? (Attach Documentation) ❑ Yes ❑ No Item 3. Does this assistance request require TRACS review? (Attach Comments) ❑ Yes ❑ No Item 4. Does this assistance request require state, local, regional, or other planning approval? ❑ Yes ❑ No Item 5. Is the proposed project covered by an approved comprehensive plan? ❑ Yes ❑ No Item 6. Will the assistance requested serve a federal installation? ❑ Yes ❑ No Item 7. Will the assistance required be on federal f ?nd or installation? ❑ Yes ❑ No Item 8. Will the assistance requested have an impact or effect on the environment? ❑ Yes ❑ No Item 9. Will the assistance requested cause the displace- ment of individuals, families, businesses or farms? ❑ Yes ❑ No Item 10. Is there other related assistance on this project previous, pending, or anticipated? ❑ Yes ❑ No Name of Approving Agency. Date Check One: ❑ State ❑ Local ❑ Regional Location of Plan Name of Federal Installation Federal Population Benefiting from Project Name of Federal Installatio Location of Federal Land_ Percent of Project 318 ATPA -3 See instructions for additional information to be provided. Number of: Individuals Families Businesses Farms See instructions for additional information to be provided. Item 11. See instructions for additional information to be Is the project in a designated flood hazard area? provided. ❑ Yes ❑ No 319 BUDGET INFORMATION ATPA -4 Section A— Budget Summary L S Source Amount Program Income (entry must be completed? ' ��) (2) (3) (4) " h e Budget Categories ATPA c d ( Funds Cash Match " In -Kind Match Total 1. Al Personnel (Salaries) 2. A. Personnel Benefits (Fringe 3. B. Contractual j jii A. c. Travel 5. D. Equipment s. E. Reserved for Future Use / %,� / /�j�� %/ /i, / /iWON�:;�,i;ia�� /, %% 7. F. Supplies & Direct Expenses Ing/r/m,Operating MISSION!, a. Total Direct Charges 1 (Sum of -7) s. c. Indirect Costs / /// 00/11N/51/1, 10. Totals j E ®r $ (Sum o' 8• 9) . 11. Program Income � /� j / i % /� $ %i %� / �, /� %��<i� % % • % %� %/r �� /G� .�� :iii /�,�;�i /.:�� < %,;;. Section B—Cash Match Enter separately each source of matching funds and the amounts. Total must agree with Line 10. Column 2 above and line 15 c. on paae ATPA -1. Source Amount Source Amount Program Income (entry must be completed? II 320 ATPA -5 Office of the Governor Automobile Theft Prevention Authority SCHEDULE A_ PERSONNEL 1 nirPrt galariac 2. Fringe Benefits (1) (2) (3) Title or Position' % of Time' ATPA Funds Cash Match TOTAL' (A) Retirement $ $ $ (B) Insurance (C) Other (Explain) (D) (E) (F) TOTAL Fringe Benefits $ $ (G) (H) TOTAL PERSONNEL BUDGET $ $ (I) (J) (K) (L) Overtime TOTAL Direct Salaries $ $ $ 2. Fringe Benefits ' Include only one position per line. Attach a description of the duties or responsibilities of each position. ' Express as a percent of total time. (40 hours per week) 3 Should reflect employee's gross salary attributable is the project. % or $ Rate FICA $ $ $ Retirement Insurance Other (Explain) TOTAL Fringe Benefits $ $ $ TOTAL PERSONNEL BUDGET $ $ $ ' Include only one position per line. Attach a description of the duties or responsibilities of each position. ' Express as a percent of total time. (40 hours per week) 3 Should reflect employee's gross salary attributable is the project. 321 Office of the Governor Automobile Theft Prevention Authority SCHEDULE Q PROFESSIONAL AND CONTRACTUAL SERVICES AT PA -6 REQUIRED NARRATIVE: Briefly describe any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, evaluators, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. (1) (2) (3) Description of Service ATPA Funds Cash Match TOTAL (A) $ $ $ (B) (C) (D) (E) (F) (C) (H) (1) TOTAL PROFESSIONAL AND CONTRACTUAL SERVICES $ $ $ REQUIRED NARRATIVE: Briefly describe any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, evaluators, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. 322 Office of the Governor ATPA -7 Automobile Theft Prevention Authority SCHEDULE C TRAVEL 1. Local Travel 2. In -State Travel (Specify clearly and use continuation pages if necessary) Purpose (t) (2) (3) Title or Position Miles Traveled Annually/ $Rate ATPA Funds Cash Match TOTAL (A) $ $ $ (B) (C) OUT -OF -STATE TOTAL $ $ $ (D) IN -STATE TRAVEL TOTAL $ $ $ (E) (F) (G) (H) LOCALTRAVEL TOTAL $ $ $ 2. In -State Travel (Specify clearly and use continuation pages if necessary) Purpose Destination ATPA Funds Cash Match TOTAL $ $ $ OUT -OF -STATE TOTAL $ $ $ IN -STATE TRAVEL TOTAL $ $ $ 3. Out -of -State Travel (Specify clearly and use continuation pages if necessary) Purpose Destination ATPA Funds Cash Match TOTAL OUT -OF -STATE TOTAL $ $ $ TOTAL TRAVEL BUDGET $ $ $ 323 Office of the Governor ATPA -8 Automobile Theft Prevention Authority SCHEDULE C (Continued) REQUIRED NARRATIVE: Briefly describe the applicant's travel policy (i.e. mileage rates and per diem rates). Specify purposes for each item of travel. Break out costs of each in -state and each out -of -state trip to separately show the specific costs of transportation and of per diem. NOTE: If personally owned vehicles are to be used, transportation costs should be shown on Schedule C; if agency or leased vehicles are to be used, the vehicle operation /maintenance costs should be shown on Schedule F, "Supplies and Direct Operating Expenses." Tuition for training courses should be listed as supplies in Schedule F. 324 Office of the Governor ATPA -9 Automobile Theft Prevention Authority SCHEDULED EQUIPMENT PURCHASES REQUIRED NARRATIVE: Describe the basis for arriving at the cost of each line item. (1) (2) (3) Equipment Name or Description and Quantity Oo Not List Brand Names ATPA Funds Cash Match TOTAL (A) $ $ $ (13) (C) (D) (E) (F) (0) (H) (I) P) (K) (L) (M) (N) (0) (P) (Q) TOTAL EQUIPMENT PURCHASES $ $ $ REQUIRED NARRATIVE: Describe the basis for arriving at the cost of each line item. Office of the Governor Automobile Theft Prevention Authority SCHEDULE F SUPPLIES AND DIRECT OPERATING EXPENSES ATPA -10 REQUIRED NARRATIVE: Describe the basis for arriving at the cost of each line item. (1) (2) (3) Directly Charged Supplies and Other Operating Expenses ATPA Funds Cash Match TOTAL (A) $ $ $ (B) (C) (D) (E) (F) (G) (H) TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES $ $ $ REQUIRED NARRATIVE: Describe the basis for arriving at the cost of each line item. 326 ATPA -1 1 Office of the Governor Automobile Theft Prevention Authority SCHEDULE G INDIRECT COSTS REQUIRED NARRATIVE: If Method (A) is used, specify the rate and attach a copy of the document by which the current cost allocation plan was approved. DOTE: Indirect Costs are authorized In an amount not to exceed the computation table In the ATPA Financial and Administrative -- Requirements section of the grant application kit, or as authorized per the applicant's cost allocation plan. (1) (2) (3) Indirect Costs ATPA Cash Match TOTAL (A) Indirect Costs Per Approved Cost Allocation Plan $ $ $ (B) Indirect Costs Per ATPA Computation Table $ $ REQUIRED NARRATIVE: If Method (A) is used, specify the rate and attach a copy of the document by which the current cost allocation plan was approved. DOTE: Indirect Costs are authorized In an amount not to exceed the computation table In the ATPA Financial and Administrative -- Requirements section of the grant application kit, or as authorized per the applicant's cost allocation plan. r . 7 ATPA -12 Program Narrative 1. Problem Statement (See Instructions on pages 15a and 15b.) Use continuation page(s) as necessary for any section. 328 ATPA -13 2. Historical Data (See Instructions on pages 15a and 15b.) - X29 ATPA -14 3. Proposed Project Activities (See Instructions on pages 15a and 15b.) 330 , - - - - - -- - -.._ - _ ------ - -- ----- _ _.... „�.�... �...._.. -- ATPA -15 4. Proposed Evaluation Design (See Instructions on pages 15a and 15b.) 331 ATPA- 15.a Program Narrative (Instructions) To be considered for funding, a proposed grant project: 1. must address a problem that is clearly identified, is (at least partially) measurable and is supported by relevant statistical evidence; 2. must minimize duplication or overlapping of existing programs; 3. must have a design wherein the activities and goals are realistic and attainable; 4. preferably should, but is not required to, be innovative in its concept/design /operation; (a project is considered innovative if it provides a new and different strategy or approach that prevents, deters, intervenes, or stops a criminal act from occurring); 5. must have a cost structure which is realistic when compared to its goals; 6. must cooperate and coordinate its activities with other appropriate agencies /projects; 7. must include measures to assure that it demonstrates cross - cultural awareness in all project activities and in its staffing and training; and 8. must include a proposed evaluation design that provides relevant data to measure the effectiveness of the project, and a plan for performing such evaluation. ll. Accordingly, the Program Narrative must present the information by which the eligibility and merit of the project can be assessed. Applications will be scored and ranked numerically, for funding consideration, according to the congruence of the project with the criteria stated above. At a minimum, the four sections of the Program Narrative must include the following information: 1. Problem Statement: a. Describe the problem and the need that makes this grant necessary. b. Identify the target population and the geographic target area. c. Describe existing activities that address the problem. r 332 ATPA- 15.b d. Describe the extent to which this project will duplicate or overlap existing activities, and why that (if any) is necessary. 2. Historical Data: ry a. Cite statistical data that demonstrates the problem. b. Document trends in the problem (eg., cite 3 years of UCR data). 3. Proposed Proiect Activities: a. Describe the specific goals of the project. b. Describe the major functions and proposed activities of this project. c. Describe how the project will impact the stated problem. d. Describe the functions of significant personnel involved. e. Identify the target population, the estimated number of persons to be served, and the service needs to be met by this project. f. Describe the applicant's experience or qualifications, that demonstrates a capability to successfully operate this project. g. Include any quantifiable data by which project activities can be measured. h. Describe how this project will cooperate /coordinate activities with other appropriate agencies /projects. i. Describe in what way (if any) is this project innovative. j. Describe methods taken to assure that the project demonstrates cross - cultural awareness in all project activities and in its staffing and training. 4. Evaluation Design: a. Describe the design of a plan for local evaluation of this project. b. Cite relevant data that will be used to measure the effectiveness of this project. 333 ATPA- PART V ASSURANCES The Applicant hereby assures and certifies that he will comply with the regulation, policies, guidelines a requirements including OMB Circulars No. A -122, A -110, A -102, and A -87, as they relate to the applicatic acceptance and use of Federal funds forthis federally- assisted project. Also the Applicant assures and cert -s the grant that: It possesses legal authority to apply for the orant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicants governing body, authorizino the filing of the application including all under - siandincs and assurances contained therein, and directing and authorizing the person identified as the official represen- tative of the applicant to act in connectionwilh the application and to provide such additional information as may be re- quired. It will comply with Title VI of the Civil Rights Act of 1964 (P. L. 68 -352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimi- nation under any program or activity for which the applicant receives Federal Financial assistance and will immediately take any measures necessary to effectuate this agreement. 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibftino employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of personswho are orshould be benefiting from the grant -aided activity. 4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisi- tions Act of 1970 (P. L. 91 -646) which provides for fair and eouitable treatment of persons displaced as a result of Federal and federally assisted programs. 5. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. It will comply with all requirements imposed by the F,,.- -j sponsoring agency concerning special: requirements of lay. program requirements, and other administrative requirE merits. 10.. It will insure that the facilities under its ownership, lease c supervision which shall be utilized in the accomplishmen! c the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will ne;if the Federal orantor agency of the receipt of any commun cation form the Director of the EPA Office of Federal Activ: ties indicating that a facility to be used in the project is undo consideration for listing by the EPA. 11. Itwill comply with the flood insurance purchase requirement: of § 102 (a) of the Flood Disaster Protection Act of 197: Public Law 93 -234, 87 Stat. 975, approved December 31 1976. Section 102 (a) requires, on and after March 2. 197 the purchase of flood insurance in communities where surf insurance is available as a condition for the receipt of an. Federal financial assistance for construction or aquisitior purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Develop ment as an area having special flood hazards. 12. 7. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, 13 business, or other ties. 8. It will give the sponsoring agency or the Comptroller General through any authorized representative the access to and the right to examine all records, books, papers, or documents 14 related to the orant. T he phrase "Federal financial assistance" includes a ;r„ of loan, grant, guaranty, insurance payment, rebate, subsidy disaster assistance loan or grant, or any other form of direr or indirect Federal assistance. It will assist the Federal grantor agency in its compliance witi § 106 of the National Historic Preservation AC of 1966 amended (16 U. S. C. 470), Executive Order 11593, and the Archeolooical and Historic Preservation Act of 1966 ( 16 U S. C. 469a -1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investioations, a! necessary, to identify properties listed in or eligible is inclusion in the National Register of Historic Places that arc subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of fhc existence of any such properties, and by (b) complying witt all requirements established by the Federal grantor agenc.- to avoid or mitigate adverse effects upon such properties. It will comply with the Uniform Grant and Contract Manage ments Standards (UGCMS) developed under the directive o the Uniform Grant and Contract Management Act of 1961 Texas Civil Statutes, Article 4413 (32g). It, if a county, has taken or will take all action nece :ry is provide the Texas Department of Criminal Justice d tht Department of Public Safety any criminal history record! maintained by the county in the manner specified for the purposes of those departments. 334 ATPA -17 DESIGNATION OF GRANT OFFICIALS ATPA rules require that three persons be designated to the positions of Authorized Official, Project Director, and Financial Officer for the purposes of administering a grant. The Project Director and the Financial Officer may not be the same person but, under extenuating circumstances, one person may otherwise fill two positions. In accordance with the criteria and definition of responsibilities set forth in the Financial and Administrative Requirements section of the ATPA Grant Application and Administration Guidelines governing submission of this application, the following designations are made: APPLICANT: PROJECT TITLE: Mr. Ms. Project Director (Type or Print) Title and Agency —` Business Address (Street or P. O. Box) C ity Zip Telephone Number Mr. Ms. Mr. Ms. Financial Officer (Type or Print) Title and Agency Business Address (Street or P. O. Box) City Zip Telephone Number Authorized Official (Type or Print) Title and Agency Business Address (Street or P. O. Box) C ity Zip Telephone Number Resolution No. 94 -080, resolving that an application be made to the U. S. Department of Housing and Urban Development, Office of Public and Indian Housing, Office of Resident Initiatives Drug -Free Neighborhoods Division for a Public and Indian Housing Drug Elimination Grant Program grant in the approximate amount of $77,400.00 being 100% of the estimate cost of the Public and Indian Housing Drug Elimination Grant Program, was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright. The motion carried 7 ayes, 0 nays. 335 RESOLUTION NO. 94 -080 WHEREAS, the U.S. Department of Housing and Urban Development, Office of Public and Indian Housing, Office of Resident Initiatives Drug -Free Neighborhoods Division provides funding for Public and Indian Housing Drug Elimination Program grants; and, WHEREAS the City Council of the City of Paris is desirous of processing a grant application for the Public and Indian Housing Drug Elimination Program, up to a total of $77,400.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIM CITY OF PARIS: 1. That an application be made to the U.S. Department of Housing and Urban Development, Office of Public and Indian Housing, Office of Resident Initiatives Drug - Free Neighborhoods Division for a Public and Indian Housing Drug Elimination Grant Program grant in the approximate amount of $77,400.00 being 100% of the estimated cost of the Public and Indian Housing Drug Elimination Grant Program. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Karl Louis, be, and he is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for the City of Paris Police Department's participation in the Public and Indian Housing Drug Elimination Grant Program. PASSED AND ADOPTED this I I th day of July, 19 Don Shelton' -Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED As TO FORM: T. - laynes, ity Attorney 336 (uo�:czucG,p) _-jo --Aa 0211$1,1 ?'d_',^ n0A F - -n9 no /. FY 1994 APPLICATION KIT FOR THE PUBLIC AND INDIAN HOUSING DRUG ELIMINATION GRANT PROGRAM APPLICATION DUE DATE: Applications are due to the local HUD Office on or before Friday, July 29, 1994 at 3:30 pm, local time. U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Resident Initiatives Drug -Free Neighborhoods Division 337 OMB Approval NO. 0348 -0043 APFLIL;AIIUN F-UH 2. DATE SVIMrrTTD - - ApgFK ant ldentfr�et FEDERAL ASSISTANCE I. TYPE Of BUBMIssloft ). DATE RECEIVED NY STATIE State "icalion Identow Applkatlon Pre apdic8Non ❑ COnrlruction ❑ Construction A. DATE RECEIVED BY FEDERAL AOENCY Federal ldenlif'W' ❑ Tdon: onstnxt on ❑ Non- Constrvctbn L APPLICANT INFORMATION Legal Nair.. Orpanitztioew Unit Address (g^'• City, county, stale, alto tip code): Name and telephone numbs( of the parson 10 be Contacted on matters involving i this applicaton (give al•a code) L EMPLOYER IDENTIFICATION NUMBER (EINI: 7. TYPE Of APPLICANT: (enter appropHAto letter in box) tj m — A. Staa H. Independent School Dist. B. Cou..ty 1. State Controlled Institution of Higher Lesrnrng C. Municipal J. Private University D. Township K Indian Tribe t TYPE OF APPLICATIO"t ❑ New O Continuation ❑ Revision E. Interstate L. Individual F. Inlermunicipal M. Profit Organitstion 9 Reviron, enter apyopriale letter(s) in box(es): 11 El C. Sp t 1 District N. Otl.:t (Specify): A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration Other (specify): t. kAME OF FEDERAL AOENCY: U.S. Department of Housing and Urban Development Ill. DOMESTIC DO OF 11. DESCRIPTIVE TITLE Of APPLICANT'S PROJECT: ASTiI NUMERAL 1 4 e g 5 4 Public and Indian Housing Drug Trt>_e Elimination Program IL AREAS AFFECTED BY PROJECT (cities, Counties, states, etc.): 11. PROPOSED PROJECT: It. CONGRESSIONAL DISTRICTS OF: Shirt Date Ending Data s. Applicant : b. Project 15. ESMMATED FUNDING: It. IS APPLICATION SUBJECT . *: EVlEW BY STATE EXECUTIVE ORDER 12171 PROCESS? a• YES. THIS PREAPPLK ATX"APPLICATION WAS MADE AVAILABLE TO THE a. Federal S .00 STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: b Apps cant s .DO DATE c. Sul* f .00 b NO. F] PROGRAM IS NOT COVERED BY E.O. 12372 d. Local f 00 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW • Other i .00 f. Program Income f ,00 17. IS THE APPLICANT DELIHOUENT ON ANY FEDERAL DEBTT Yes If 'Yes.' attach an explanation. NO p TOTAL f .00 it. TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALL DATA IN THIS APPLICATION.PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DVLY AUTHORIZED BY THE GOYERNINO BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE is AWARDED a. Typed Name Of Authorised Representative b. Title C. Telephone nun+( »r d. &pnature of Aumo i:ed Representative a Date Spned rrtrYrvva conrons'lot wawa blancard 0-01m a]a l _ prescr.bed try OMB Cvtul)y A-107 338 ASSURANCES FORM - ATTACHMENT TO SF -424 The applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circular, Executive Order 12372, and Uniform Administrative Requirements for Grants and Cooperative Agreements - 24 CFR part 85, that govem the application, acceptance and use of federal funds for this federally - assisted project. Also the applicant assures and certifies that: ` It has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. It provided all information required by the NOFA to include certifications and disclosures in accordance with the requirements of section III of the NOFA; It assessed its potential liability under State, local or tribal law, and that, upon being notified of a PHDEP grant award, will obtain adequate insurance coverage to protect itself against any potential liability out of the eligible activities under this program. It understands that HUD may terminate funding if the applicant demonstrates an unwillingness or inability to: attain program goals; establish procedures that will minimize the time elapsing between cash advances and disbursements; adhere to grant agreement requirements or special conditions; avoid engaging in the improper award and administration of contracts; or submit reliable and timely reports. It understand that the grant will be closeout in accordance with 24 CFR Part 85.50 and 24 CFR 961. Signed this day of 199_ by: (HOUSING AUTHORITY EXECUTIVE DIRECTOR) 339 APPLICANT DATA INPUT FORM Application control number: / (State) (PI1A/IHA; ) IRS employer identification number: -- (From Item 96 of SF424) Name of housing authority: HUD Region: State: Field Office: Name of the grant coordinator: phone # :( ) - Units to be targeted for PHDEP assistance by this grant: List the names of the specific developments targeted for assistance under this grant below: In accordance with section L(b)(2) of the NOFA the following unit(s) are provided (please read back of form for additional explanation): UNITS: COUNT Public housing low -rent: Indian housing low -rent: Section 23 Leased Housing: Turnkey III Homeownership: Mutual Help Homeownership: Non- Federall,• Assisted Public Housing Located in High Intensity Drug Trafficking Areas: j Total Unit count: I Applicant confirmed the total unit count with the local HUD Field Office: YES NO Date: Name of Field OfTice representative that confirmed the unit count: 340 w 0 r! N H N H H i # z � • � � H K �v O � = F N v E z _ z # O # a.. a L h H W Z '- C p j V � W O W _ w F � z Z ' Z v z , O o V o # k (� Q W N W N � H c $ O O Z W �� _F z c w z # C7 Q N H N H N D m yy _ C Yw L O v E L z 1. w L'1 co L'1 C i lrl CD w` C w d �D w � • .. • F C L • 341 RESIDENT MANAGEMENT CORPORATIONS (RNiCs)/RFSIDENT COUNCILS (RCs) RESIDENT ORGANIZATIONS (ROs) OR RESIDENTS CERTIFICATION. The applicant certifies that: Residents participated in the preparation of the grant application for the Public Housing Drug Elimination Program for the targeted development(s); The applicant's description in its plan of activities to be undertaken by the RMC/RC/RO or residents is accurate and complete; Certification is applicable only for targeted development(s); If awarded, the applicant will involve residents in any change to the approved plan; and residents are aware of the application deadline date of Friday, July 29, 1994, 3:30 pm, local time. RMC/RC/RO Official or Resident Repmsentative: Print Name & Tide Date: Comments from residents are attached Signature 342 DRUG TREATMENT PROGRAM CERTIFICATION (SINGLE STATE AGENCY OR LOCAL TRIBAL COMMISSION). APPLICABLE ONLY IF APPLYING FOR TREATMENT ACTIVITIES The administrator /director or designee for the single State agency or tribal commission hereby certifies: The drug treatment activity is appropriate and consistent with the State/local government drug treatment plan; The applicant has notified and consulted with the relevant single State agency or authority with drug coordination responsibilities concerning its application; and The administrator /director or designee understands that the application deadline date is on or before Friday, July 29, 1994, 3:30 p.m., local time. State or local agency AdministratorfDirector/designee Print Name & Tide Signahr:e Date: Comments by the agency on the proposed treatment activity: _,._..�� ...,....M .., - -- _. _.. __ ,...,.,.. LAW ENFORCEMENT AGENCY CERTIFICATION The Chief of the local law enforcement agency hereby assures /certifies that: Check , Applicable Box YES NO NA Contracted security guard personnel. If grant amounts are to be used for contracted security guard personnel services, in public housing developments, the application described how the requirements of section I.(c)(l)(i)(c) (security personnel training) of the NOFA will be met. Housing authority police officers. If grant amounts are to be used for HA police officers, the application described how the requirements of section I.(c)(1)(ii) (HA Police Departments) of the NOFA will be met. Any required cost analysis is attached. Reimbursement of local law enforcement agencies for additional security and protective services. If grant amounts are to be used for reimbursement of local law enforcement agencies for additional security and protective services the application described how section I.(c)(2) (Reimbursement of Local Law Enforcement Agencies) of the NOFA will be met. Any required cost analysis is attached. Employment of Investigator(s). If grant amounts are to be used for employment of a investigator(s), the application described how section I.(c)(4)(iii) (investigator training) of the NOFA w"111 be met. Voluntary tenant patrol. If grant amounts are to be used for voluntary tenant patrols, the application described how the requirements of section I.(c)(5)(ii) (voluntary tenant patrol training) of the NOFA will be met. Chief of Local Law Enforcement: Print Name and Title gnatum Date: Comments by the local law enforcement official are attached. U.S. D.partrrwm of Housing Drug Elimination Program Application '� ��'� °� "Hou" Certification for a Drug -Free Workplace 344 OONO - ir OMS No. 2577 -00" (0 V. 101IN2) public Reporing Burden for trws eoaecion of nbrmaDOn is asbr a*d to average 025 hours per response, indudng the time Ica ravwwlg insvvcaont, wrching exiting data sources, gathering rind maintaining 1M data rwedod, rid tsxnpleting snd rr iv%ing the oo6scsom of information. Send cornnents mgardng tins burden *&& -mate a cry other aspect of Ain corlecbon of information, irxixiing avgg,#xsons for reducing enit burden, to ten Reports Mw agemer4 C>tfcer, Otko of tnformaion Poiws and Systems, U.S. Dsprvr,&N of Housing and Urban D•vek9ment. Washingron. D.C. 204 ioJ60o: and b rw otf.ce of lAxnagerent and Budget. Paperwork Reduction Project (2577-0014) Washington, D.C. 20503- P vt&A A Name: s L*,gioprrwv or L.4-w' ~ ten F*6" Frcaf Yew in w+:ch re funds we •erected b be rw : pr�rarNArsNy Awce:vrp FM6" Gear-4 Fvn6rnp:1^wx tine) M Opera" Suos+dy or Sermon 23. ns4vetopmertt DCLkp 11 Operm" SubL* DSeC.23 t-M"d Housing ~ nr4s ars iq c,�d t be ONgaateddr Acting on behalf of the above rarrM PHAANA as its Authorized Official, I make the follorwing eertificatiow and agreements to the Depaimlent of Housing and Urban Development ( HUD) regarding the silts liuM below 1. I certify that the above named PHA/DHA will provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufaeture,"distribudon, dispensing, possession, or use of a controlled subsuinc— is prohibited in the PHA's/IHA's workplace and specifying the actions that will be taken against employees for violation of such prohibition. Establishing a drug -frtx awarcncss program to inform employ- ees about the following, (1) The dangers of drug abuse in the workplace; (2) The PHA'vli4A's policy of auinmir i a drug -free w ockpls�f-- (3) Any available drug counwXmg, rehabilitation, and employee assistance propwris; and (4) The pc &W= that may be imposed upon employees for drug abu3e violation occurring in the wa#Isct. c. Making it a requirtaimt that each employee of the PHAAHA be gives a copy of the starranmi req ured by paragraph t.: d. Notifying the employee in the star ent required by pu2ptph a. that, as a condition of employment with the PHA/njA, the employs will do the following (1) Abide by the tuns of the staiemcn% and (2) Notify the empioya of any criminal drug statute conviction for a violation occurring in the workplact no Is= than five days afw ranch conviction: e. Notifying the HUD Feld Office within = days after taxiving notice tondo subparagraph d. (2) from an employee or otherwise receiving actual notice of such conviction: Taking one of the following actions witf in 30 days of receiving notice under subparagraph d. (2) with respect to any employee wbo is so oatvicted (1) Taking appropriate persoorel action against such an em. pbyee, up to and indudimg termirution; or (2) Requiring such employee to participate satisfac- orfly in a drug abuse assistance or rehabilitation program approved for :arch purposes by a Federal, State, or loo] health, law en- focxmant, or outer appropriate agency: g. Making a good faith effort to continue to maintain a drug -frtie workplace thnouo implementation of pxipVb' a- then f. WARMNO: 18 U.S.C. 1001 pmrAdes, among o&w things. thaw whoever knowingy std selirtgfy makes or tte" a dxxm-Ant or wafting containing arty ktse, tict -kvs, or fraudulent stownent or efyry, In cry manse wilnirt to )taiedsc--str1 of any depanrnM w agency of fee Unbed State. shall be feed not mom than f io,o00 or knprisoned for not more than free years, or both. 2. Sites for Work Performs nce. The PHA/IHA shall List in the space provided below the site(:) for the performsrtce of work done in connection with the HUD funding of the programfactivity shown above: Place of Performance shall include the tatet address, city, cowry. State, and zip c. ode. (If more spats is rrcdcd, attach additional pages) the same sin as this form ldendfy each sheet with the PHAMIA name smd address and the programisctivity receiving grant funding,) ipn : (tJsrry, Tice a SVn wm or Aury V d R "'A oMma) wan,. a nw a:p,.a,e a bass X k-rm HUD40070 (12109) ref. Handbooks 7417.1, 7173.13, 7 aaS.1 345 ■ CHIEF EXECUTIVE OFFICER (CEO) CERTIFICATION. — The CEO hereby certifies that: The Applicant discussed the extent to whioh the relevant governmental jurisdiction has met its law enforcement obligations under the Cooperation Agreement with the applicant (as required by the housing authorities Annual Contributions Contract with HUD). If the jurisdiction is not meeting its obligations under the Cooperation Agreement, the CEO should identify the circumstances relating to its failure to do so. The application described the current level of law enforcement services being provided to the developments proposed for assistance. See attached. Chief Executive Officer (CEO) Print Name & Title: ignature Date: U applicable, additional comments are attached. uertitication for Contracts, Grants, Loans & C— operative Agreements F is Housing Agency / Indian Housing Authority FHf✓1HA Name: U.S. uepartment of Housing and+ Urtan.Development Oltice of Public andladian Housing II other than operating Subsidy or Sec- bon 23, enter the Federal Fiscal Year In which the funds are expected to be reserved: 346 N If operating subsidy or secuon z3, enter PHA'sAHA's Fiscal Year Ending date In which funds we expected to be obligated: ProgratnrActivity Receiving Federal Grant over 5100NO: (mark one) Operating Subsidy CGP Development CIAP Drug Elimination Grants MROP Sec.23 Leased Housing Other: (de :gibe) Adjustments Acting on behalf of the above named PHAIIHA as its Authorized official, I make the following certifications to the Department of Housing and Urban Development (HUD): (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to inflgence an officer or employee of `ny agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) U any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, Disclosure of Lobbying Activdties, in accordance wdth its insuvc6ons. (3) 'n-. undersigned sh2JI require OW the language of thds ccrtification be include-d in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transacdon was made or entered into. Submission of this certification is aprerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than S l 00,0,0 for each such 1 certify under penJty of perjury that the foregoing is sue and correct. t `•thorizad PHA/IHA Ouicial: -.L-ne anre 6,prwwe b Dave: form HUD 50071 (1192) rel. Handb000ks 7417.1, 7475.13, 7485.1, S 7485.3 347 APPLICANT'S ANTI- LOBBYING CERTIFICATION Each applicant must sign either the Certification Regarding Lobbying or the Standard Form -LLL, Disclosure of-Lobbying Activities and include it in the application as Exhibit 21. Section 319 of Public Law 101 -121 prohibits recipients of Federal contracts, grants, and loans from using appropriated funds for lobbying the Executive or Legislative Branches of the Federal Government. A common rule governing the restrictions on lobbying was published as an interim rule on February 26, 1990 (55 FR 6736) and supplemented by a Notice published June 15, 1990 (55 FR 24540). The rule requires applicants for and recipients of assistance exceeding $100,000 to certify that no Federal Funds have been or will be spend on lobbying activities in connection with the assistance. The rule also requires disclosures from applicants and recipients if nonappropriated funds have been spent or committed for lobbying activities if those activities would be prohibited if paid with appropriated funds. The law provides substantial monetary penalties for failure to file the required certification or disclosure. This does not apply to Indian tribes or IHAs, tribal organizations, or any other Indian organization with respect to expenditures specifically permitted by other Federal law that are not covered by the definition of person" in 24 CFR Part 87. Attached are the appropriate certification and the Standard Form -LLL. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATION AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete an submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Qi' y Approved by OMB DISCLOSURE OF LOBBYING ACTIVITIES 03W0046 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a contract D a. bid /offer/application a. initial filing b. grant b. Initial award b. material change C. cooperative agreement d. loan c. post award For Material Change Only; e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: O Prime O Subawardee Tier , if known: t Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name /Description: CFDA Number, if applicable: B. Federal Action Number, if known: 9. Award Amount, if known: S 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (if individual, last name, first name, Ml): (including address if different from No. 10a) (last name, first name, MIJ: (anach Cominuation Sheeusi Sr- ILL -A, if necrisaryl 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): s O actual D planned D a, retainer O b. one -time fee 12. Form of Payment (check all that apply): D c. commission O a. cash O b. in-kind; specify: nature D d. contingent fee D e. deferred value O f. other; specify: 14. Brief Description of Services Performed or to be Performed and Dale(s) of Service, including officer($), employee(s), or Members(s) contacted, for Payment Indicated in item 11: (much Continuation Shert(st Sr- ttt -A, if necnsory) 15. Continuation Sheet(s) SF -LLL -A attached: O Yes D No 16. Information ".esitd Ihrovgh this form is authoriled by title 31 U S C. section 1352 This disclosure of lobbying activities is a material reprex+t- Signature' MsOn of fact upon which relunct was placed by the lire about when this transaction .as madt w enured into. This disclosure is tmvirrd Print Name: pursuant to 31 -U S C. 13S2 This information will be reporsed to the Congress irmi annwlly and will be available for public impeCt on Any Title' Prison who fails to file the required disclosure shall be subject to a civil Penalty of not Iris than $10.000 and not more than $100.000 for each Telephone No.! Dale: such failure. Avtr.o.ued for local Reproduction IM ". Standard form • ILL -- $349 DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET nppfoved by OMB 0348-0046 Reporting Entity: Page of Authorized for local Reproduction DEBARN[ENT AND SUSPENSION CERTIFICATION. By signing and submitting this proposal, the applicant, defined as the primary recipient in accordance with 45 CFR Part 76, certifies to the best of its knowledge and belief that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency. (b) have not v✓ithin a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) are not presently indicted or for otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) have not within a 3 -year period preceding this application /proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. The applicant agrees that by submitting this proposal, it will include without modification the clause entitled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions" i.e. with subgrantees or contractors, in all lower tier covered transactions and in all solicitations for lower tier covered transactions in accordance with 45 CFR Part 76. Should the applicant not be able to provide this certification, an explanation as to why should be placed after the assurances page in the application package. Signed this day of , 1994 by: (Agency CEO) Print Name & Title: 350 351 Applicant /Recipient Disclosure /Update Report U.S. Department of Housing and Urban Development Office of Ethics "i r OMB Approval No. 2525-0101 (exp. 12!31194) Instructions. (See Publ c Reporting Statement and Privacy Act Statement and detailed instructions on page d.) Part I Appllcant/Reclplent Information Indicate whether this le an Initial Report ❑ 1. Appncant/Recipient Name, ss, and Phone (include area code) 2. Project Assisted/ to be Assisted (Project/Activiry name and/or number and its location by Street address, City, and State) 3. Assistance Regvested'+; c ived or an Update Report ❑ Social Securry Number or Employer ID Number a. HUD Program 15. Amount Recriested'Received S Part II. Threshold Determinations — Applicants Only 1. Are you requesting HUD assistance for a specific project or activity, as provided by 24 CFR Part 12, Subpart C, and have you received, or can you reasonably expect to receive, an aggregate amount of all forms of covered assistance from HUD, States, and units of general local government, in excess of $200,000 during the Federal fiscal year (October 1 through September 30) in which the application is submitted? ❑ Yes ❑ No If Yes, you rust complete the remainder of this report. It No, you must sign the certification below and answer the next question. I hereby certify that this information is true. (Signature) Date 2. Is this application for a specific housing project that involves other government assistance? ❑ Yes ❑ No If Yes, you must complete the remainder of this report. If No, you must sigh this certification. I hereby certify that this information is true. (Signature) Date If your answers to bo ;h questions ate No, you do not need to complete Pans 111, IV, or V, but you must sign the certification at the and of the report. Part III. Other Government Assistance Provlded /Requested Depanment'Staie /Local Agency Name and Address I Prooram i Type of Assistance I Amount Re cues ied /Provided Is there other government assistance that is reportable in this Pan and in Part V. but that is reported only in Part V? N there is no other government assistance, you must certify that this information is true. I hereby certify that this information is true. (Signature) Page 1 of 7 Yes I 1No Date form HUD -2880 (1192) ref. Sec 102, HRA 1989; PL 101 . 235 Part V. Report on Expected Sources and Uses of Funds Source H there are no sources of funds, you must cenfy that this information is true. hereby certify that this information is true. (Signature) Use Date 352 If there are no uses of funds, you must certify that this information is true. I hereby certify that this information is true. (Signature) Date Cortlflcatlon Warning: If you knowingly make a false statement on dvs form, you may be subject to civil or criminal penalties under Section 1001 of Title 18 of the United Sate Code. In addtion, arty person who knowingly and materially violates any required disclosure of information, including intentional non - disclosure, is subject to cn money penalty not to exceed $10,000 for each violation. I certify Shat this information is true and complete. Signature Date Page 3 of 7 353 b. For all programs, other than those administered by the Assistant Secretary lot Community Planning and Development: For projects receiving a tax credit under Federal, Stale, or local law, any change in a source of funds that was previously disclosed. For all other projects, any change in a source of funds that exceeds the lower of: The amount previously disclosed for that source of funds by 5250,000, or by 10 percent of the amount previously disclosed for that source, whichever is lower: or The amount previously disclosed for all sources of funds by $250,000, or by 10 percent of the amount previously disclosed for all sources of funds, whichever is lower. C. For all programs, other than those administered by the Assistant Secretary for Community Planning and Development: For p. ojecls receiving a tax credit under Federal, State, or local law, any chanoe in a use of funds that was previously disclosed. For all other projects, any change in a use of funds that exceeds the lower of: The amount previously disclosed for that use of funds by 5250,000, or by 10 percent of the amount previously disclosed for that use, whichever is lower. or The amount previously disclosed for all uses of funds by $250,000, or by 10 percent of the amount previously disclosed for all uses of funds, whichever is lower. Note: Update reports must be submitted within 30 days of the change requiring the update. The requirement to provide update reports only applies it the application for the underlying assistance was submitted on or after the effective date of Subpart C. IL Line -by -Line Instructions. A. Part I. AppllcanVReciplent Information. All applicants for HUD assistance specified in Section I.C.I.a., above, Ias well as all recipients required to submit an update report under Section I.D., above, must complete the information required by Part I. The appkanVrecipient must indicate whether the ci.-closure is an t initial or an update report. Line -by -line guidance lot Part I follows: 1 1. Enter the full name, address, city, State, zip code, and telephone I number (including area code) of the applicanVrecipieni. Where the applicanLhecipieni is an individual, the last name, first name, and middle initial must be entered. Entry of the applicanoecipieni's SSN or EIN, as appropriate, is optional. 2. Applicants enter the name and full address of the project or acivhy for which the HUD assistance is sought. Recipients enter the name and full address of the HUD - assisted project or activity to which the update report re!ales. The most appropriate government identifying number must be used (e.g., RFP No.; IFB No.: grant announcement No.: or contract, grant, or loan No.) Include prefixes. 3. Applicants describe the HUD assistance referred to in Section I.C.I.a. that is being requested. Recipients describe the HUD assis- tance to which the update report re!ales, 4. Applicants enter the HUD program name under which the assis- tance is being requested. Recipients enter the HUD program name under which the assistance, that relates to the update report, was provided.. 5. Applicants enter the amount of HUD assistance that is being requested. Recipients enter the amount of HUD assistance that has been provided and to which the update report relates. The amounts are those stated in the application or award documentation. NOTE: In the case of assistance that is provided pursuant to contract over a period of time (such as project -based assistance under section 8 of the Une ed States Housing Act of 1937), the amount of assistance to be re- ported includes all amounts that are to be provided over the term of the contract, irrespective of when they are to be received. Note: In the case of Mortgage Insurance under 24 CFR Subtitle B. Chapter II, the mortgagor is responsible for making the applicant disclosures, and the mortgagee is responsible for furnishing the mortgagor's disclosures to the Department. Update reports must be submitted directly to HUD by the mortgagor. Note: In The case of the Project -Based Certificate program under 24 CFR Part 882, Subpart G. the owner is responsible for making the applicant disclosures, and the PHA is responsible for furnishing the owner's disclosures to HUD. Update reports must be submitted through the PHA by the owner. B. Part If. Threshold Determinations — Applicants Only Part Ilcontains information to helplhe applicant determine whetherthe remainder of the form must be completed. Recipients filing Update Reports should not complete this Part. 1. The first question asks whether the applicant meets the Nature of Assistance and Dollar Threshold requirements set forth in Section I.C.I. above. If the answer is Yes, the applicant must complete the remainder of the form. If the answer is No, the form asks the applicant to certify that its response is correct, and to comple:a the next question. 2. The second question asks whether the application is for a specific housing project that involves other government assistance, as de- scribed in Section I.C.2. above. 11 the answer is Yes, the applicant must complete the remainder of the form. If the answer is No, the form asks the applicant to certify that its response is correct. If the answer to both questionst and 2 is No, the applicant need not complete Parts 111, IV, or V of the report, but must sign the certification at the end of the form. C. Part III. Other Government Assistance. This Part is to be completed by both applicants filing applicant disclosure reports and recipients filing update reports. Applicants must report any other government assistance involved in the project or aclivhy for which assistance is sought. Recipients must report any other government assistance involved in the project or activity, to the extent required under Section I.D.I., 2., or 3., above. Other government assistance is defined in note 5 on the last page. For purposes of this definition, other government assistance is expected to be made available it, based on an assessment of all the CirCUm- stances involved, there is reasonable grounds to anticipate that the assistance will be forthcoming. Both applicant and recipient disclosures must include all other govern- ment assistance involved with the HUD assistance, as well as any other oovernment assistance that was made available before the request, but that has continuing vitality at the time of the request. Examples of this lanar category include tax credits that provide for a number of years of tax benefits, and cranl assistance that continues to benefit the project at the time of the assistance request. The following information must be provided: 1. Enter the name and address, city, State, and zip code of the government agency making the assistance available. Include at least one organizational level below the agency name. For example, U.S. Department of Transportation, U.S. Coast Guard: Department of Safety, Highway Patrol. 2. Enter the program name and any relevant identifying numbers, or other means of identification, for the other government assistance, — 3. State the type of other government assistance (e.g.. loan, grant, loan insurance). 4. Enter the dollar amount of the other government assistance that is, or is expected to be, made available with respect to the project or activities for which the HUD assistance is sought (applicants) or has been provided (recipients). Pape 5 of 7 form HUD -2660 FHA N{1P Financing lee FNMA I GNMA tee General requirements Insurance Legal — construcuo Leqal — organ;za!oon Other fees Purchase price supplemental rn,a ,age:: ent fund Taxes Trtie and recordingOperating deficit reserve Resident inil a:h :e l.: -)d Syndicalion expenses Footnotes. i. All citations are to e= CFR Part 12, which was published in tr)e Federal Reo;ster on flarc`t :4, 1991 a: 55 Fed. Reg. 11,032. 2. A list of the cc ve•eG assistance programs can be found at 24 CFR §12.30, or in the rules or a d-1in•strative instructions governing the program involved. Note' The i•st of ccvered programs will be updated perodca!ly. 3. Assistance nea.ns any con -act, grant, loan, cooperative agreement, or other form of assistance, including the insurance or guarantee o! a loan or mortgage, that is prov;ded with respect to a specific projector activity under a program adnin stered by the Department. The term does not include contracts, such as procurements contracts, that are subject to the Federal Acquisition Regulation (FAR) (49 CFR Chapter 1). A. See 24 CFA 6§12.32 (a)(2) and (3) for detailed guidance on how the threshold is calculated. 354 Working capital reserve Total land improvement Total structures Uses paid from syndication must include the following amounts Additional acquisition price and expenses Bridge loan interest Deve,lop.ment fee Operating deficit reserve Resident initiative fund Syndication expenses Working capital reserve 5. 'Other oovernmenl assistance' is defined to inclucr3 any loan, r a guarantee, insurance, payment, reba ;e, subsidy. credit, lax benefit, c• other form of direct or indirect assistance from the Federal cover-,"-en: (other man that requested !rom HUD in the sppLCation), a Sate, or a cn :; a! ceneral local oovernment, or any agency or mstrumen:alt!y t:ereol, r,a; •s or K expected is be made. available with respect to the project or ac :'.r.•es for which the assistance is sought. 6. For further guidance on this criterion, and for a lis: of covered programs. see 24 CFR §12.50. 7. For purposes of Pan 12, a person means an individ;al (includ.r,; a consu):ant, iobbvist, or lawyer); corporation; company; association; a ity; firm; partnership; society; Sate, unit of general local govemment, or other government entity, or agency thereof (including a public ha:smg agency); Ir+dian tribe; and any other organization or group of people. Page 7 of 7 Resolution No. 94 -081, resolving that an application be made to the U. D. Department of Housing and Urban Development, Office of Public and Indian Housing, Office of Resident Initiatives Drug -Free Neighborhoods Division for a Public and Indian Housing Youth Sports Program Grant in the approximately amount of $62,500.00 being approximately 50% of the estimated cost of the Public and Indian Housing Drug Elimination Grant Program, with the City of Paris Police Athletic League and the Boys Club providing approximately $62,500.00 in kind services and funds, was presented. A motion was made by Councilman Fulbright for approval of the resolution. The motion was seconded by Councilman Clifford, and carried 7 ayes, 0 nays. form HUD -2660 .- . 3 va S RESOLUTION NO. 94 -081 WIIERE,AS, the U.S. Department of Housing and Urban Development, Office of Public and Indian Housing, Office of Resident Initiatives Drug -Free Neighborhoods Division provides funding for Public and Indian Housing Youth Sports Program grants; and, WI-1E REAS the City Council of the City of Paris is desirous of processing a grant application for the Public and Indian Housing Youth Sports Program, at a maximum total cost of $125,000.00, with $62,500 to be provided by grant and $62,500.00 to be provided by the City of Paris Police Athletic League and the Boys Club; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS: 1. That an application be made to the U.S. Department of Housing and Urban Development, Office of Public and Indian Housing, Office of Resident Initiatives Drug - Free Neighborhoods Division for a Public and Indian Housing Youth Sports Program Grant in the approximate amount of $62,500.00 being approximately 50% of the estimated cost of the Public and Indian Housing Drug Elimination Grant Program, with the City of Paris Police Athletic League and the Boys Club providing approximately $62,500.00 in kind services and funds. 2. That. Michael E. Malone, City Manager of the City of Paris, be, and he is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Karl Louis, be, and he is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for the City of Paris Police Department's participation in the Public and Indian Housing Youth Sports Grant Program. PASSED AND ADOPTED this 11 th day of July, 190/1. i 15N S ielton, or :ATTEST: Mattie Cunningham, City Cler APPROVED' S TO FORM: T. K. aynes, ity Attorney 357 .V._,......�..,n . vr. r., ro-..., .....,........._.......__��_ - -- -- --- �.._..._._.......___.. _.._.......- .._. .___..... .. _. _ ... _.. - _._ ..:..... ...........,..- „, «.,..Ya+,rr r.m..wnr.�,....., TAB 1 _ YOUTH SPORTS APPLICATION FACT SHEET HOUSING AUTHORITY: STATE: PHA/IHA #: 1RS EMPLOYER IDENTIFICATION NUMBER: REGION: FIELD OFFICE: CONTACT PERSON: CONTACT PERSON PHONE #: CHECK ONE: PHA IHA DURATION OF PROGRAM: MONTHS AI110UNT REQUESTED BY PROGRAM ARF-A UNDER THIS APPLICATION The catagorical &Iformation should only reflect the dollars that will be provided by the actual grant funding. This does not include the matching funds. Matching will be shown under "Non - Federal Matching Funds” reflecting the total amount of matching funds for this application. YOUTH SPORTS EFFORTS: RECREATIONAL FACILITIES: YOUTH DRUG EDUCATION FACILITIES: YOUTH EDUCATIONAL.JVOCATIONAL ACTIVITIES: GRANT AMOUNT REQUESTED: NON - FEDERAL MATCHIT'G FUNDS: SUTIh7ARY OF PROGRAM: A brief summary of the program proposed in this application (100 words or less). This narrative will be used for Congressional Notification. 35 OAS A pr ow &.14 o. o 34a-0W APPLICATION FOR J. PA TO svoarmo Apo�c++�t a..+al•w FEDERAL ASSISTANCE I. TYT1 W aLla+aaarO•a L DA I'll MCLvlOH ITAI'll 641. App�citpn 16.+,M+ar !tvv+ca + PrO44 obcamon Co.,,v„ con ❑ CorwvcAion L Mil RiGaMD l`! ►lcaA,.1 Aot1tCY FrdrN idr,W.w NonCon.lr.¢tnn ❑ ►JO•►Ca+lvucbn L -- &"-Llc w 000mktATI0+1 1bga1 Narr.a: O•pr.,►tor,.f tAr>.t A6d0a3 (pig* ay. cm-ty. slat*. "hp coda): HA" Dnd Itiaphona Mm"bar d tM pwton b be tsor%at%d on mitts t w,w►rrq IMI apy,cj.ton (p,N anA coda) • IMP1.0YVA 10UrT7MANA NVW*Ilt 11t0fK 7. TY" OF APPUCAJn: (Nffar appwpewsm t*tw in box) A. $Lla H. hdopnrx%" Schod DiR e. Gounry L tote Corxror.o V,at,alta, of KV w L&wrwq C' J. Private Lk,.rrtily • IY" OF Amlr-ArK> t O. To- r%w,ip K V,dian Tnba ❑ N. ❑ contkvm, on ❑ Arv,;* n E Wartuah L V+dv%*jmf F. ►,irnxri[. N Profit Or"nization If Ftr.i►on. voter appmona4 1*41rts) in bo.(W: ❑ ❑ 1 Lpecw Dlw,ct K OVw (Spacoo, A Vx"asm A.wd B. DMcrs&m A.rd C. hCrt.aN Mxalion D Dscrwaat DWOLrA O 'w (s.',OCJPYP A MAJ49 00 F909RAL AOIMCY: I CAIALDO OF F109AAL t04WtlT4 It. 0"CA.01"TYI Tint OF APKIC -w P*OJKCT: ASittTAJ U MVtAaIJt a TTTLE . AAL" A"#CTi1D BY "10-MCT (Z b4t COMA009, llaNa. atGk 11. ►1ltop< 1D MIGJiCT: IC C10090011t&OOKAL CMFTMM OF: Stwrt NIS En6rq Dale a. Appkan( : Q P, I L UnMAT90 PUM004(k 11. It •.YPI TOM tV"Wt TO PWYWW tY 1tTAil P*CLl" 0MMA I1fl7! MIOC9937 L YE& T413 PAFAPPLCATTOIi(APPOCATTCM WAS MAOE AYAAA u TO THE A Fadwof i Dp $TATE EXEOJME OADEA 12372 PPK=53 FOR REVIEW OM tL Apphcant ! m DATE C Stale { M b NO. ❑ PP4GPAi1 t3 NOT COYFAED h CO. 12372 d. Uc.af ! .00 ❑ OA PPOOAAJJ HAS NOT SUN SJc1I TM NY STATTi FOR REVIEW a Oww ! DO 1. Prowsm V=0,,w ! ,pp 1T. M tM AFKCANT DRUNOVwfT OM Airy FEDCAAL D PT7 . ❑ Yes M 'Y*&' Ktad+ an a.plar4t4 t ❑ No q TOTAL, j 00 IL TO TNl MY 00 WY [ 11101 AA O MU". ALL DATA IM rP4 A"4 JCATIOKPIIWFLKAT" AM TAV1 AAW 00AMbCT. MI DCIGM006CWT MA3 141M DVIY AVTI,011l27o tY"o0vtlttw/sp SOCY OF TN A- *#VCAKT AJ1A TKI A"UCAM WILL C0601Y WITM TW44 ATTAC"JV A111JUNC911 M T»! ASS.MTAJICl IS AWAX"V Trprd Name of Autf,owed P.60, w,latrA Tb Trpa c. Tt+apr+ar n..maw d Spnaana of AuO-4 RapasM, L-m L a Doh Sq,14 Fla.-0.5 taLor.s Mod Vsab•t Authorizad for Local Reproduction $Lse4ard For.n 424 sPEV J•111 P.oacnpw W Ow %:o C wW A - 101 $59 Y 7 E a� v �a N Y • d C O U �8 m Q A O J D N Q 5 1 N M f � r � z w E I H M ? M M M rz L. 0 L. i 0 3� u � ►� n C o � � W J � CFz' 5 z � o = _ G W w AA rr T ~ N J " 1. � W 7 H H ~ H M yf " _ C c M • , ^ •: n r r v .-j -L r dL Y 7 E a� v �a N Y • d C O U �8 m Q A O J D N Q 5 360 a� I •�i �a d .� N N M M N Y o h V y w z cc W z V o T V � ` CO z H v K O O F a d' M N W M M �J.. M M Q w Z pW � Q vi z w O V r w cc: 4 W w 4 Y c V V z z Z p LAJ • to F- VN z Q w n w Q U W A = z cc Q w 4 O O W o O v p � 0 z0 w0 w Z C • W oa W ui �^ ✓+ Q V Y F LAJ N = v1 w H W N M Q C? E W Z O � w N a b w C7 _ f � v P � c A � V r M - C V c_ 3 _ O E E C E r w ° ' .� r w o r r a� I •�i �a d 3�'13 Applicant/Recipient Disclosure /Update Report U.S. Department of Housing and Urban Development Office of Ethics i r OMB Approval No. 2525-4101 (exp. 12131/A1) Instructions. (See Pubkc Reporting Statement and Privacy Act Statement and detailed instructions on page 4.) Part I Applicant/Recipient Information Indicate whether this Is an Initial Report Applicanl/Recipient Name, Address, and Phone (include area code) 2. Project Assisted/ to be Assisted (ProjecUActivity name and'or number and its location by Street address, City, and State) 3. Assistance Requested/Received Part 11. Threshold Determinations — Applicants Only or an Update Report U ocial Security Number or Employer ID Number 5. Amount Roque S Are you requesting HUD assistance for a specific project or activity, as provided by 24 CFR Part 12, Subpart C, and have you received, or can you reasonably expect to receive, an aggregate amount of all forms of covered assistance from HUD. States, and units of general local government, in excess of $200,000 during the Federal fiscal year (October 1 through September 30) in which the application is submitted? H Yes, you must complete the remainder of this report. 11 No, you must sign the certification below and answer the next question. I hereby certify that this information Is true. (Signature) ❑ Yes ❑ No Date 2. Is this application for a specific housing project that involves other government assistance? ❑ Yea ❑ No H Yes, you must complete the remainder of this report. H No, you must sigh this certification. I hereby certify that this information is true. (Signature) Date H your answers to both questions are No, you do not need to complete Parts III, tV, or V. but you must sign the cortification at the end of the report Part III, Other Government Assistance ProvIded/Reouested Department/StaleA.ocal Aoency Name and Address Program Type of Assistance Amount Reeuested'Provided r3 mere uurer governmeni assistance inai Is reponame to ims Part and in Part V. but that is reported only in Part V7 UYes UNo 11 there is no other government assistance, you must certify that this information is true. I hereby certify that this information is true. (Signature) Page 1 of 7 Dale form HUD -21180 (1/92) rot. Sec 102. HRA 1989: PL 101 . 23S 362 Part V. Report on Expected Sources and Uses of Funds Source 11 there are no sources of funds, you must certify that this information is true. I hereby certify that this information is true. (Signature) Date Uaa If there are no uses of funds, you must certify that this information is true. hereby certify that this information is true. (Signature) Date — C'srtiftcatlon 1rVaming: If you knowingly make a fate statement on ifvs kx m, you may be subiecl b c�A or criminal perwt;" under socCon 1001 of True 16 of the united Sates Gods. In add Con. arty person who knowin* and materially v;olates any required dsdosure of,nbrmation. k cWng ittentiorW nondcados Of b Unite t b civi money Penalty not b exceed S 10.000 for each vitiation. I Certify that INS inlormation is tL* end complete. Sip�ature Date Page 3 of 7 VS 63 b. For all programs, other Shan those administered by the Assistant Secretary for Community Planning and Development: For projects receiving a tax credit under Federal, State, or local law, any change in a source of funds that was previously disclosed. For all other projects, any change in a source of funds that exceeds the Lower of: The amount previously disclosed for that source of funds by $250,000, or by 10 percent of the amount previously disclosed for that source, whichever is lower; or The amount previously disclosed for all sources of funds by $250,000, or by 10 percent of the amount previously disclosed for all sources of funds, whichever is lower. c. For all programs, other than those administered by the Assistant Secretary for Community Planning and Development: For projects receiving a tax credit under Federal, State, or local law, any change in a use of funds that was previously disclosed. For all other projects, any change in a use of funds that exceeds the lower of: The amount previously disclosed for that use of funds by 5250,000, or by 10 percent of the amount previously disclosed for that use, whichever is lower; or The amount previously disclosed for all uses of funds by 5250,000, or by 10 percent of the amount previously disclosed for all uses of funds, whichever is lower. Mole: Update reports must be subm'med within 30 days of the change rarluiring the update. The requirement to provide update reports only tpplies it the application for the underlying assistance was submitted on or after the effective date of Subpart C. II. Lino -by -Line Instructions. A. Part 1. Applicant/Reciplent Information. All applicants for HUD assistance specified in Section I.C.1.a., above, as well as all recipients required to submit an update report under Section I.D., above, must complete the information required by Part I. The applicant/recipient must indicate whether the disclosure is an initial or an update report. Lino -by -lino guidance for Part I follows: 1. Enter the full name, address, city, State, zip code, and telephone number (including area code) of the applicanVrecipient. Where the applicanVrecipient is an individual, the last name, firs, name, and middle initial must be entered. Entry of the applicant/recipient's SSN or EIN, as appropriate, is optional. 2. Applicants enter the name and full address of the project or activity for which the HUD assistance is sought. Rbcipienls enter the name and full address of the HUD - assisted project or activity to which the update report relates. The most appropriate government identifying number must be used (e.g., RFP No.; IFB No.; grant announcement No.; or contract, grant, or ban No.) Include prefixes. 3. Applicants describe the HUD assistance referred to in Section I.C.t.a. that is being requested. Recipients describe the HUD assis- tance to which the update report relates. A. Applicants enter the HUD program name under which the assis- tance is being requested. Recipients enter the HUD program name under which the assistance, that relates to the update report, was provided.. 5. Applicants enter the amount of HUD assistance that is being rsquested. Recipients enter the amount of HUD assistance that has been provided and to which the update report relates. The amounts are those stated in the application or award documentation. NOTE: In the case of assistance that is provided pursuant to contract over a period of time (such as project -based assistance under section 8 of the United States Housing Act of 1937), the amount of assistance to be re- ported includes all amounts that are to be provided over the term of the contract, irrespective of when they are to be received. Nola: In the case of Mongago Insurance under 24 CFR Subtitle B. Chapter II, the mortgagor is responsible for making the applicant disclosures, and the mongagoo is responsible for furnishing the mortgagor's disclosures to the Department. Update reports must be submitted directly to HUD by the mortgagor. Note: In the case of the Project -Based Cerifficate program under 24 CFR Part 882, Subpart G, the owner is responsible for making the applicant- disclosures, and the PHA is responsible for furnishing the owners disclosures to HUD. Update reports must be submitted through the PHA by the owner. B. Part II. Threshold Determinations — Applicants Only Part Ilcontains inlormationto helpthe applicant determine whether the remainder of the form must be completed. Recipients filing Update Reports should not complete this Part- 1. The first question asks whether the applicant meets the Nature of Assistance and Dollar Threshold requirements set forth in Section I.C.I. above. M the answer is Yes, the applicant must complete the remainder of the form. If the answer is No, the form asks the applicant to certify that cis response is correct, and to complete the next question. 2. The second question asks whether the application is for a specifi-- housing project that involves other government assistance, as do- scribed in Section I.C.2. above. N the answer is Yes, the applicant must complete the remainder of the form. 9 the answer is No, the form asks the applicant to certify that 'r.s response is correct. ll the answer to both questionst and 2 is No, the applicant need not complete Parts 111, IV, or V of the report, but must sign the certification at the end of the form. C. Part III. Other Government Assistanca. This Part is to be completed by both applicants filing applicant disclosure reports and recipients filing update reports. Applicants must report any other government assistance involved in the project or activity for which assistance is sought. Recipients must report any other government assistance involved in the project or activity, to the extent required under Section I.D.I., 2., or 3., above. Other government assistance is defined in note Son the last page. For purposes of this definition, other government assistance is expected to be made available it, based on an assessment of all the circum- stances involved, there is reasonable grounds to anticipate that the assistance will be forthcoming. Both applicant and recipient disclosures must include all other govern - moni assistance involved with the HUD assistance, as well as any other government assistance that was made available before the request, but that has continuing vitality at the time of the request. Examples of this latto► category include tax credits that provide for a number of years of tax benefits, and grant assistance that continues to benefit the project at the time of the assistance request. The following information must be provided: 1. Enter the name and address, city, Stale, and zip coda of the government agency making the assistance available. Include at least one organizational level below the agency name. For example, U.S. Department of Transportation, U.S. Coast Guard; Department of Safety, Highway Patrol. 2. Enter the program name and any relevant identifying numbers, or other means of identffication, for the other government assistance. 3. State the type of other government assistance (e.g., ban, grant, ban insurance). 4. Enter the dollar amount of the other government assistance that is, or is expected to be, made available with respect to the project or activities for which the HUD assistance is sought (applicants) or has boon provided (recipients). Papa 5 of 7 form HUD -2880 It the applicant has moot hor govamment ass isIanco lodisclose, it mvsI coney that this assertion is coned. To avoid duplication, if there is olhar government assistanco under this _Part and Part V, the appl'rcanvrocip;ant should ch" the appropriate oox in this Part and list the information in Part V, clearly designating which sources are other govommonl assistance. D. Parl IV. Interested Rarilea, This Part is to be completed by both applicants (ding applicant disclosure reports and roap4nlz filing update reports. Applicants must provide information on: (I) All developers, contractors, or consultants involved in the applica- tion for the assistance or in the planning, development, or implemen- tation of the project or acl. vAty; and (2) Any other person who has a financial interest in the project or activity for which the assistance is sought that exceeds M,000 or 10 percent of the assistance (whichever is lower). Re(_-ipients must make the additional disclosures ragerrod to in Soction 1.D.1..2., or 4, above. NoIA: A financial interest means any financial involvomont in the project or activity, including (but not limited to) situations in which an individual or entity has an equity interest in the pmjod or activity, shares in any profit on resalo or arty distribution of surplus cash or other assets of the project or a; ;iyry, or receives compensation for any goads or services provided in connoction with the project or aclivi, Residency of an individual in housing for which assistance is being sought is not, by itself, considerod a covered financial interest ii,-) information required below must be provided. 1. Enter the full names and addresses of all persons rotarrod to in paragraph (1) or (2) of this Part. If the person is an entity, the rating must include the full name of each officer, director, and principal stockholder of the entity. AD names must be lisl9d alphaboticatly, and the names of individuals must be shown with their last names first. 2. Entry of the Social Socurity Number (SSN) or Employee Identif na- lion Number (EIN), as appropriate, for each person listed is optional. 3. Enter the typo of participation in the project or act'iv'ity for each person listed: i.e., the person's specific role in the project (e.g.. contractor, consultant, p'annor, investor). 4. Enter the financial interest in the projod or activity for each person listed. The interest must be expressed both as a dollar amount and as a percentage of the amount of the HUD assistance involved. 11 the applicant has no persons with financial interests to disclose, it must certify that this assonion is coned. S. Part V. Report on Souress and Uses of Funds -This Pori is 10 be completed by both applicants filing applicant disclosure reports and recipients filing update repo. -a. Tl,o applicant disclosure ropon must specify all expodod sources of funds — both from HUD and from any other source —that have boon, or are to be, made available for the projod or activity. Non -HUD sources of funds typically include (but are not rrmilod to) other govern- ment assistance refenod to in Part 111, oquity, and amounts from foundations and private cantribulions. The report must also spocily all s,xpectod uses to which funds are to be puL All sources and uses of funds must be listed, if, based on an assessment of all the circum- stances involved, there are reasonable grounds to anticipate that the source or use will be lorihcoming. Note that if any of the sourca/uso information requirod by this roport has been provided elsewhere in this application package, the appli- cant need not fopoat the information, but need only rotor to the form and location to incorporate it into this report. (h is rkoty that some of the information roquirod bythis ropon has boon provided on SF 424A, and on various budget forms accompanying the application.) If this report requires information beyond that proMod elsewhere in the 364 appfication pacikdge, the applicant must include in this report all the additional information required. Recipients must submit an update report for any change in previously disclosed sources and uses of funds as provided in Soclion I.D.S., above. General Instructions — sourcos of Iunds Each reportable sourca of furids must Indicate: a. The nartle -and address, city, State, and zip code of the individual or entity making the assistance available. At least one organi<ational loyal below the agency name should be included. For example, V.S. Dopanmord of Transportation, U.S. Coast Guard; Department of Safety, Highway Patrol. b. The program name and any relevant identifying numbers, or other moans of Identirrcation, for the assistance. c. The type of assistance (e.g.. loan, grant, ban insurance). Spocific instructions — sources of funds. (1) For programs administered by the Assistant Socretaiies for Fair Housing and Equal Opportunity and Policy Development and Re- sawch, each source of funds must indicate the total amount of approvod, and roceivod; and must be listed in descending order according to the amount indicated. (2) For programs adminislered by the Assistant Secretaries tot Housing - Federal Housing Commissioner, Community Planning and Development, and Public and Indian Housing, each source of funds must indicate the total amount of funds involved, and must be rated in descending order according to the amount indicated. (3) M Tax Credits are involved, the report must indicate all syndication proceods and equity involved. General instnid'ans —uses of funds. Each reportable use of funds musl clearly identify the purpose to which they are to be purl. Reasonable aggregations may be used, such as 'local structure' to include a number of structural costs, such as roof, evevators, exterior masonry, etc. Specific instructions - uses of funds. (1) For programs administered by the Assistant Secretaries for Fair Housing and Equal Opportunity and Policy Development and Ro. search, each use of funds must indicate the total amount of funds involved; must be broken down by amount committed, budgetod, and planned; and must be fisted in descending order a_=rding to the amount indicated. () For programs administered by the Assistant Secretaries for Housing - Federal Housing Commissioner, Community Planning and Development, and Public and Indian Housing, each use of funds must indicato the total amount of funds involved and must be I'sted in desconding order according to the amount involved. (ii) d any program administered by the Assistant Secro:ary for Mousing- Federal Housing Commissioner is involved, the report must indicate all uses paid from HUD sources and other sources, including syndication proceeds. Uses paid should include the following amounts. AMPO Architect's too — design Architect's foe — supervision Bond premium Builder's general overhead Builder's prolil Construction interest Consultant too Contingency Reserve Cost uen6c -ation audit tee FHA examination fee FHA inspection lea Page 6 of 7 loan HUD -26x0 FHA IMP Financing fee FNMA / GNMA fee General requirements Insurance Legal — construction Legal — organization Other lees Purchase price Supplemental management fund Taxes Title and recordingOperating deficit reserve Resident initiative fund Syndication expenses Footnotes: 1. All citations are to 24 CFR Part 12, which was published in the Federal Register on March 14, 1991 at 56 Fed. Reg. 11032. 2. A list of the covered assistance programs can be found at 24 CFR §12.30. or in the rules or administrative instructions goveming the program involved. Note: The list of covered Programs will be updated perodcally, 3. Assistance means any contract, grant, loan, cooperative agreement, or other form of assistance, including the insurance or guarantee of a ban or mortgage, that is provided with respect to a specific project or ac6vity under a program administered by the Department. The term does not include contracts, such as procure rents contracts, that are subject to the Federal Acavisition Regulation (FAR) (48 CFR Chapter 1). 4. See 24 CFR § §12.32 (a)(2) and (3) for detailed guidance on how the threshold is calculated. Working capital reserve Total land improvement Total structures Uses paid from syndication must include the following amounts: Additional acquisition price and expenses Bridge loan interest Developmay tee Operating deficit reserve Resident initiative fund Syndication expenses Working capital reserve S. 'Other govemment assistance' is defined to include any loan, grant. guarantee, insurance, payment, rebate, subsidy, credt, tax benefit, or any other form of direct or indirect assistance from the Federal govemment (other than that requesled from HUD in the application), a Sate, or a unit of general local government, or any agency or instrumentality thereof, that is. or is expected to be made, available with respect to the pr"ct or acCvities lot which the assistance is sought S. For further guidance on this criterion, and for a list of covered programs, see 24 CFR §12.50. 7. For purposes of Part 12, a person means an indvidual (including a consultant, lobbyist, or lawyer); corporation; company; association: aunor. iy; firm; partnership; society; State, unit of general local govemment, or other govemment entity, or agency thereof (including a public housing agency); Indian tribe; and any other organization or group of people. Page 7 of 7 form HUD -2880 366 ]II (a)(2)- -TAB 2 _ CERTIFICATION ASSURANCES The offers assurances that: (Housing Authority Name) The applicant will supplement the amount provided by a grant under this program with an amount of funds from non - federal sources equal to or greater than 50 percent of the amount provided by the grant. Section III(a) (2) (i) Yes No The activities or facilities funded by the Youth Sports grant will serve primarily youth from the public or Indian housing developments in which the activities or facilities are operated, Section M(a)(2)(ii) Yes No The facilities receiving Youth Sports funding conform to all applicable local or tribal building requirements for recreational facilities, if anv. Section X(a)(2)(iii) Yes No The applicant maintains a Drug -Free Workplace in accordance with the requirements of 24 CFR Part 24, Subpart F. (Complete form HUD- 50070) Section 111(a)(2)(iv) Yes No The applicant will provide certification and disclosure in accordance with the requirements of Public Law 101 -121 (approved October 23, 1989) as implemented by HUD's interim final rule published in the Federal Register of February 26, 1990 (55FR 6736) using the Anti - Lobbying Certification Standard Form SF -LLL or form HUD - 50071, which ever is applicable. Section 111(a)(2)(v) Yes No The grant funds provided under this program and any State, tribal, or local funds used to supplement grant funds under this program will not be used replace other public funds previously used, or designated for use, for the purpose of this program. Section 111(a)(2)(vi) Yes No The applicant has assessed its potential liability under State, local or tribal law, and that, upon being notified of a Youth Sports grant award, the applicant will obtain adequate insurance coverage to protect itself against any potential liability arising out of the eligible activities under this program- Section 111 (a) (2) (vii) Yes No The applicant will comply with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973. Section III (a)(2)(viii) Yes No Signed this day of , 1994 by: Housing Authority CEO or Other Authorized Representative U.S. D•psrurwm of Rousing / ON Drug Elimination Program Application '� Urban "��� ,r Certification for a Drug -Fro* Workplace OWM No.2ST7-oou axp. lu�1�z1 025 flours Mtpo�• nd-'drV to bme Our rrewwinp navucions. Pubic Reporting burden f r 1t is cosaction of nrorrr+a=DOn is asernato b svd. mind rtviw iv t» ooiecson of a Ion,istion. Sand oorrrr+antt ►aardhn9 existing data touroos, pstt,erry and rr+antasynp ttw data needed srtd �bn9 reAronp t,;s E+rdsrt, b the POP— U'a0s^iOrt meeting Gs burden ►sonnets or any ot»r aaperl of rttn oatrscflon or Mtformafon iiolc np wpsioq s W D.C. 20410-3600; grid 10 t» Ortios of Otficer. Ot6os of tnfonnason pokiea and qrs—. U.S. Depammont of Hmsrtp and Urban Div X a'}'^Q°^• uanagernent and NA9K psP__rk Reduction pTDi*a.(ZM.aott) Wastsigon, D.C. 20500. progrvrdAciat/ Raaa'H'�9 F+d"� Grrrx Fur+d^0: 1^+'x o^si �pavatopmsrtt nCIAP aOPe erase N Ftd.,arr -jwd Yew in ufidh N Lurch an *V*—d b be "*I s oo«s«+v &.te er or $arson n. sear to pt{k'a+t4k's F-rcWYw EndirQ data N ~ Ar4s we rstemd d be " I g - : Actin(( on behalf of the above tamed PHA/111A as its Authorized Off cisl, I make the foIlowittg >� to Dryarorttttt of Houring and Urban.DcvelopaX-at (HUD) regarding the thew listed bnbw: 1. 1 certify that the above twined PHAMiA will provide a drug -tree wrorkplsct by L Publishing a statement no&YiDg CmP that fhe tmiaw W fnanufacture, disu-ibution, dispensing, possess M cc use of a controlled substance is pmMbitcd in the PHAWIA's WC41sce and gpetifying the anions that will be taken ap nst empioyecs for violation of gush pro4ibition. b. Establishing a drug -free aw W=)e= program m inform employ - tts about the following: (1) The dangers of drug abuse in ft waiTtb= ('t) ?beFHA'&QiKspobcyo(uus!, inirtga drug-five wodp"= fi l) Any avarnable drug ding, rehWHU&a, and aaploree and (4) The penalties that may be imposod up= CMPIOYM fa drug abtae violations occurring in ft wm#bce. e- Making it a mgoi tr that escb employee of fire PHA/giA be given a Copy of the suternaU required by pmVrWh &4 d. Notifying ft a nployee is the rmecum required by paragraph A_ fhtat, as a condition of empbyr:oent with ft PHA/fHk the empioyte will do the following; (1) Abido by the terms d the sf 'Ment: artd (2) Notify the earpioyer d any tsim"al drug Stnnrte conviction fa a YW26M ocaaring in the workplace no lsur thin five days after unit eoervic&r : C. Notifying the HUD FreW Ofr= within tea days after receiving notice under stk9amgrVh d. (2) from as crnpkryee or otherwise rtotiviag actual notice of such Conviction: f. Taking one of the following actions within V days of recei,,* notice under subptr&grapb d. (Z) with respect to any emploM wbo is so couvicSed: (1) TakinS apprOpiNt � action a� sock an em• pby+x, q�mbattioa: or (2) Reqzziri:DS h to mtisfat woy in a d,u; abuse aassimime or r+fha�!i program Mmnd for M=h porpooes by a Fo6=2L Stale, a local heaiih, ISW en- fmcemem cc other appcopcim arencr g. Making a rood faith effon to oanduw io maintain a drug -free woeqjam throc# boa of paragraphs a. than f. W A RHM : 18 U B. C.1001 prv�.fdM a+rtonp ott»r thirtga, taut rrttoeMar ta+owFlpF! and Y nvy SAS a b„ rwn f 1 0.000 or er ksudutsnt starrnattf or s� MY, h "maw s **1 to jt K60b4A d w, dapartr/srd apanq pvtprisortsd for not more hen firs ysun, a b0OL z Sizes for Work Performance. The PHA/fl1A shall list in lire � provided below the saes) fa the performartcx of wocic done in arith rite HUD funding of the qty f hown abov PSace of rerfamur ce shall k chide the street addrtm city, c= ty, Stu, and zip code. (1f More Spatt is needed, aatach additional pagc(s) the urx size as this form. Identify each Oleet with the FHA/11-1A name CA address and the propwrV3edyiry, receiving F-aw f>xnding.) (riarro. Tits a &V ears d Avrw r" prwRk oawa4 mgiasre a Dow: Corm WJD40M (1209) mi. Handbooks 7417.1, 747&13. 74$31 36� Approved by OMB DISCLOSURE OF LOBBYING ACTIVITIES 034a0046 Complete this form to disclose lobbying activities. pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Reporl Type: Da. contract b, a. bid/offer/application a. initial filing grant b. Initial award b. material change c. d loan erative agreement c. post award For µalma) Change Only: e. loan guarantee year quarter f. loan insurance dale of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: D Prime O Subawardee Tier , if known: Congressional District, if known: Congressional District, if known: 6. Federal Depart mentlAgency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 1 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (if individual, last name, first name, MI): (including address if different from No. 10a) (last name, first name, MI): rauach Continuation sheetrsl SF•tlt -A. if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): S ❑ actual J planned ❑ a. retainer O b. one -time fee D c. commission 12. Form of Payment (check all that apply): O a. cash ❑ b. in -kind. specify: nature O d. contingent fee O e. deferred value ❑ f. other: specify: 14. Brief Description of Services Performed or 10 be Performed and Dale(s) of Service, including officer(s), employee(s), or Members(s) contacted, for Payment Indicated in item 11: (anach Continuation Sheettsf sr•ttf•A, if necessary) 15. Continuation Sheet(s) SF -LLL -A attached: O Yes O No 16. Information recvested throurh this form is authorized by tale 31 U 5 C. section 1352 This disclosure of lobbyinr activities is a mate jal re9rese+.• Signature: tatron of fact upon ..hrch reliance v.as placed by the tier above —hen this trans - action v.as evade or entered into This disclosure is ityvire-d Print Name: pursuant to 31 U S C. 1352. Tho information -ill be reposed to the Congress umi annually and will be avatlabte for public inspection. Any Title: Person .rho fails to file the reduired disclosure shall be subieci to a civil Penalty of not less than $10.000 and not more than 510o.oco few each Telephone No.: Dale: Such failure. i Authorized fa local Reproduction Standard Form • 111 369 DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Approved by OMB 0348-0046 Reporting Entity: Page of Authorized for Local Rcproduc6om .ertiticatlon for u.s. uepariment of Housing end Urtan.Development -ontracts, Grants, Loans & Office of Public and Indian Housing - ooperative Agreements =ublic Housing Agency I Indian Housing Authority IOHA Mane: if other than Operating Subsidy or Sec; lion 23, enter the Federal Fiscal Year in which the funds rue expelled to be reserved: r. 370 It operating Subsidy or Sectlon 23, enter PHA'sARA's Fiscal Year Ending dale In which funds are expected to be obligated: PrograWAc&,* Receiving Federal Grant over s too,000: (mark one) Operating Subsidy CGP Development CIAP Drug Elimination Grants MROP Sec.23 Leased Housing Other: (describe) Adjustments Acting on behalf of the above named PHA/IHA as its Authorized Official, I make, the following certifications to the Department of Housing and Urban Development (HUD): (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing orattempting to influence an officeror employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a 1.4ember of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, orcooperative agreement, the undersigned shall complete and submit Standard Form -LLL, Disclosure of Lobbying Activities, in accordance with its instructions. (3) Theu ndcrsignM shall require that thelanguage of this certification be included in theaward documents for all subawards at all tiers (including subcontracts, subgrants, and contracts tinder grants, loans, and cooperadve agreements) and that all subrecipients shall certify and disclose accordingly. This certif ication is a material representation of fact upon which reliance was placed when this nwtSac6on was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to ,file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than S100,000 for each such failure. I certify ender penalty of perjury that the foregoing is true and correct. Aulhoriz2� PHAAHA Official: Nwine Lnte : 5,pnarre b Dais: X form HUD 50071 (1192) ref. Handb000ks 74171, 7475.13, 7485.1, d 7485.3 371 III (a)(3)- -TAB 3 PROPOSED PROGRAM Please include a narrative description of the services to be provided by the proposed program, including an explanation of the way in which the activities address the particular n3eds of the area to be served by the program: (please use additional sheets as needed) 372 .,,.,.� ..........- ..,.��._.. .__. �...... m... w< e. nnaMa. M�NMwn^!%. �'....:. n. a.+ rr.._.. w.......- ......,...�__...._......_._. -.. ...... _,....- ^N'.vtN�h.s...H. .. III (a) (4) —TAB 4 WORKPLAN AND MIELINE Using this page please develop a workplan with a month -by -month task timeline providing an implementation schedule for the Youth Sports activities. Please be reminded that the maximum length of this timeline'is 18 months. (please use additional sheets as needed) 373 III (a) (5)- -TAB S BUDGET Please submit a budget describing the financial and other resources committed to each activity and service of the program. This budget must include a description of the share °. ;osts to be provided by the Youth Sports grant as well a§ a description of the funds ,7.J other resources from non - Federal sources and how they will be obtained. (Use matching funds worksheet on following page.) (please use additional sheets as needed) 374 NIAWE IN G FUNDS _ HUD requires that applicants obtain commitments of non - federal r es)( r es eoq tilling at least half (50 %) of the amount for which you apply. (See Section 1 c 3 ( ) NOFA) Please use this sheet to compute your matching resources. Include supporting data on additional sheets as necessary. F= State Local Government Indian Tribal Government Private Contributions STAFF Salary paid to staff (by the above sources) to carry out YSP activities of the PI AIIHA- See Section I(c)(3)(i) of the NOFA. VOLUNTEERS x hrs @ 55/hr. VOLUNTEER PROFESSIONAL SERVICES (Use customary hourly rate for your community) DONATED MATERIAL, EQUIPMENT OR BUIL DING (You MUST document the fair market value of the donated item at the time of the donation) Material Equipment Building Document value of lease by referencing an existing, or no more than one year old, lease from the building involved; or evidence, such as advertisements or appraisals, of the value of leases for comparable buildings. _ TOTAL MATCH (Total Match must equal at least 50% of Grant Amount Requested) + GRANT AMOUNT REQUESTED TOTAL PROGRAM FUNDS 375 III (a)(6) —TAB 6 SELECTION CRITERIA STATEMENT You must submit a thorough statement that your application meets the selection criteria outlined in Section I(d) of the NOFA. Explain how your proposal fulfills each criterion where points are offered. (please use additional sheets as needed) 376 III (a)(7) —TAB 7 PHAA iA CURRENT DRUG ELIMINATION PLAN Provide a current year plan prepared in accordance with 24 CFR 961.15. Or, you may submit a copy of the Needs Assessment and Current Activities sections of your HUD - approved FY92 Public and Indian Housing Drug Elimination Program grant application, provided that you can demonstrate the proposed youth sports activities will be operated as, in conjunction with, or in furtherance of that plan. If that is not available, please submit an abbreviated plan addressing the following factors: III (a) (7) (i) (A) and (B) ASSESSMENT OF THE PROBLEM A description of the drug- related problems in the projects proposed for funding under t1ii- program. This should include objective data (crime statistics from the local police pr�:cinct) and other information from other sources which have a direct bearing on drug - related problems in the targeted developments. (please use additional sheets as needed) Sri 11 .._...._------ - - - - -- - .._. _._. -._- III (a) (7) (ii) CURRENT ACTIVITIES A narrative discussion of your current activities, if any, to eliminate drug- related problems in the targeted communities. You must also include a discussion of how your proposed youth sports activities will be operated in the context of your current plan. (please use additional sheets as needed) 378 III (a)(8) - -TAB 8 ESTIMATE OF NUMBER OF YOUTH IN PROGRAM Please use the box below to estimate the number of youth to be involved in the program. Program Component: # of Youth (Total): i� Youth Leadership positions: (scam managers, captains, group leaders, etc.) ,Ajmual, Seasonal, or Sessional Breakdown by Activity: Breakdown by Age: 5 -8 yrs: 9 -12 yrs: Breakdown by Sex: # of Male Participants: 13 -16 yrs: 17 -21 yrs: # of Female Participants: Breakdown by Resident/Non- Resident: # of Residents: # of Non - Residents: (Please make copies of this sheet and fill out for each program component.) 379 III (a) (9) - -TAB 9 FACILITIES Following the requirements of Section III (a)(9)(i), please descnbe the facilities to be used in the proposed program in terms of their dimensions, location and the number of youth that can be accommodated at one time. 'aI (a) (9) (i) (A) — Specify how youth from the Indian Housing development will have P {' ess to the facility (If applicable). III (a)(9)(ii) -- ExplaiD[Justify all facility acquisition, construction, rehabilitation, operation, redesign or modification proposed for funding under this program. III (a) (9) (ii) (A) -- Specify what percent of the facility This percentage may not be less than the percentage of Youth Sports yfundingcprovided for the facility. 111 (a)(9)(iii) — Identify the entity that will be responsible for the operation of the facility �wded by a Youth Sports grant. (please use additional sheets as needed) III (a)(10)--TAB 10 STAFFING AND ORGANIZATION Please describe the staffing and organization of your proposed program: III (a)(10)(i) — Describe any consultations with RMCs/RCs: III (a) (10) (ii) — Position descriptions of the staff responsible for operating the program: III (a) (10) (iii) — Procedures to be used to ensure that the proposed activities will primarily serve youth in the public or Indian housing development to be assisted by this grant: (please use additional sheets as needed) 381 111 (a) (11) —TAB 11 INVOLVEMENT OF LOCAL SPORTS ORGANIZATIONS OR FIGURES Describe the involvement of any local sports, cultural, recreational or educational _ organizations or sports, cultural, recreational or educational figures: III (a)(11)(i) — Provide documentation of the level of on -site or other participation by local and nationally affiliated sports organizations with at least two years of organizational and operational experience. The participation of these groups must be focused on the youth activities for which the application is prepared. III (a)(11)(ii) — Describe and demonstrate the involvement of local or national sports, cultural, recreational or educational figures, such as athletes, coaches, artists, entertainers and teachers in place of, or in addition to, the participation of organizations. The participation of these figures must be focused on the youth activities for which the application is prepared. (please use additional sheets as needed) III (a)(12) - -TAB 12 ABII.ITY TO CONTINUE OPERATION OF PROGRAM Describe the plans and resources available to continue the operation of this program after the grant funding expires, including the commitments of governmental, corporate, community organizations and individuals to continue their involvement in the proposed program. (please use additional sheets as needed) Resolution No. 94 -082, Resolving by the City Council of the City of Paris and the County Commissioners of the County of Lamar, that the City Manager of the City of Paris, Michael E. Malone and the County Judge of Lamar County, Deane A. Loughmiller, be, and they are hereby authorized and directed on behalf of the Paris -Lamar County Health Department to execute necessary instruments for the establishment of the Lamar County Rural Health Clinic and for the conduct of its business, was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. 383 RESOLUTION NO. 94 -082 JOINT RESOLUTION NO. 94 -002 WHEREAS, the Paris -Lamar County Board of Health recommends the establishment of the Lamar County Rural health Clinic within the Paris -Lamar County 11calth Department; and, WHEREAS, the City Council and the Commissioners Court are aware of benefits to be derived by the establishment of the Lamar County Rural Health Clinic; and, WHEREAS, it is appropriate that the City Manager of the City of Paris and the County Judge of Lamar County be designated to execute on behalf of the Paris - Lamar County Health Department all necessary instruments for the establishment of the Lamar County Rural Health Clinic and for the conduct of its business; NOW, THEREFORE,, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS AND TIIE COUNTY COMMISSIONERS OF TIIE COUNTY OF LAMAR, that the City Manager of [lie City of Paris, Michael E. Malone, and the County Judge of Lamar County, Deane A. Loughmiller, be, and they are hereby, authorized and directed on behalf of the Paris -Lamar County Health Department to execute necessary instruments for the establishment of the Lamar County Rural Health Clinic and for the conduct of its business. PASSED AND ADOPTED, this 11th day of June, 1994. Don She t n, r ATTEST: Mattie Cunningham, City Cl k APPROVED AS TO FORM: T. K. Haynes, City Attorney APPROVED by the Commissioners Court of Lamar County, Texas, by adoption of the above Resolution on the day of , 1994, as reflected in Book , Page , of the Minutes of said Commissioners Court. Deane A. Loughmiller, County Judge Lamar County, Texas ATTEST: Kathy Poole, County Clerk APPROVED AS TO FORM: Tom Wells, County Attorney 384 _ Resolution No. 94 -083, appointing Richard Hunt, as a member of the Planning and Zoning Commission to serve the unexpired term of Barbara Gann, which ends December 31, 1994, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. 385 RESOLUTION NO. 94 -083 WHEREAS, there exists a vacancy on the membership of the PLANNING AND ZONING COMMISSION due to the resignation of Barbara Gann, and it is necessary to appoint her successor, and (lie Mayor of the City of Paris, Don Shelton, has appointed Richard Hunt to serve the unexpired term of Barbara Gann, which ends December 31, 1994, and has submitted the name of such person to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointment of Richard Hunt as a member of the PLANNING AND ZONING COMMISSION to serve the unexpired term of Barbara Gann, which ends December 31, 1994, is, by the City Council of the City of Paris, hereby approved and confirmed. PASSED AND ADOPTED this l Ith day of July, 1994. Don Shelton ayor ATTEST: Mattie Cunningham, City Cl k APPR VED A T FORM: T. K. aynes, City Attorney Resolution No. 94 -084, authorizing and directing the City Manager, Michael E. Malone to execute the thirty -five (35) year lease with William T. Boothe for property located at Cox Field, was presented. A motion was made by Councilman Clifford for approval of the resolution. The motion was seconder: by Councilwoman McDonald, and carried 7 ayes, 0 nays. RESOLUTION 94 -084 WHEREAS, the City Council of the City of Paris has received a request from William T. Boothe to lease property at Cox Field, Paris, Texas, for the purpose of erecting a building in which to conduct an aeronautical activity; and, WHEREAS, it is deemed to be in the best interest of the Cox Field operation and the City of Paris that aeronautical activities for the flying public be encouraged; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Manager, Michael E. Malone, be, and he is hereby, authorized and directed to execute the thirty -five (35) year lease with William 1'. Boothe for property located at Cox Field, Paris, Texas, upon the terms and conditions and in the form attached hereto as Exhibit "A ". PASSED AND ADOPTED this l Ith day of July, 1994. Don Shelton, ayor ATTEST: Mattie Cunningham, City erk APPROVED A O FORM: T. K. Mayne Ity Attorney M � • 387 [.EASE AG itEi,"ME'N1' COUN'T'Y OF LAMAR } } KNOW ALL MEN BY 'I'IIESE PRESEN'T'S: STATE OF TEXAS } LEASE AGREEMENT BE'T'WEEN THE, CITY OF PARiS, a municipal corporation, acting by and through its City Manager, Michael E. ivialone, duly authorized, hereinafter referred to as LESSOR, and WiLLiAM T. BoariIE, Rt. 2, Box 263, Powderly, Lamar County, Texas, 75473, hereinafter referred to as LESSEE, WITNE- SSETII For and in consideration of the payment of the sum of TWELVE TiIOUSAND AND NO 1100 DOLLARS ($12,000.00), payable to the CI'T'Y OF PARIS, a municipal corporation, as follows: $100.00 on or before August 1, 2019, with a like payment on or before (lie Ist day of each month thereafter during the remainder of the term hereof, said CITY OF PARiS does hereby lease, rent and let unto WILLIAM T. 1 OOTIIE, that portion of Cox Field property described in Exhibit "A ", attached hereto and made a part hereof for all legal purposes. 'File term of this lease is for thirty -five (35) years, beginning on the Ist day of' August, 1994, and ending on the 31st day of July, 2029. it is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to renew such Lease for an additional period of' ten (10) years, the rental for the renewal to be based on the fair market value at the time of renewal, being August 1, 2029. IN CONSIDERATION IIEREOF, it is mutually agreed by and between LESSOR and LESSEE: i . That LESSEE pay to LESSOR, or order, at (lie City ilalf in (he City of Paris, the agreed rental in advance, promptly and without neglect, default and delay. 2. That this lease is subject to all the terms, provisions and conditions of the deed of conveyance of such premises from the United States of America to the City of' Paris, recorded in Book 308, Page 287, Deed Records of* Lamar County, Texas, to which reference is made for all purposes. 3. That LESSEE, his successors or assigns, agree that, in the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease for a purpose for which a Department of "Transportation program or activity is extended or for EXHIBIT A another purpose involving the provision of' similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation- Effectuation of' Title Vi of (lie Civil Rights Act of 1964, and as said Regulations may be amended. 4. That LESSEE, his successors or assigns agree that (1) no person, on the grounds of race, color or national origin, shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (ii) that, in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person, on the grounds of race, color or national origin, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of 'Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 5. That LESSEE shall comply with all conditions and requirements established in Department of Transportation, federal Aviation Administration, Grant Agreements No. 8 -48- 0169 -02 and No. 6- 48- 0169 -03. 6. That LESSEE will abide by and comply with all rules, regulations, ordinances and laws pertaining to the use of the airport located at Cox field, including but not limited to the City of Paris Airport, Manual and Federal Aviation Administration rules and regulations pertaining to Cox Field, and in addition thereto will abide by and comply with all ordinances of the City of Paris and all laws of (lie State of Texas governing citizens and property within the City of Paris. 7. That LESSEE will use that portion of such premises in his possession for private hangar space, for aeronautical activities for which he holds permit issued by the City of Paris in accordance with Article 11 of Chapter 6 of the Code of Ordinances of the City of' Paris. Further, it is hereby agreed by and between LESSOR and LESSEE that LESSEE shall be 2 permitted to sublease any or all portions of the premises described in Attached Exhibit "A" for private hangar space and for aeronautical activities for which sublessee holds a permit issued by the City of Paris in accordance with Article II of' Chapter 6 of the Code of Ordinances of the City of Paris. 8. That, if in the course of using such premises for the permitted purposes, LESSEE desires to build, at his own expense, a hangar building or buildings and apron in pursuit of such uses, LESSEE will be so permitted upon application and approval for building permit or pertnits from the City of Paris, of all steel construction, similar in appearance and construction to the existing enclosed hangars in accordance with the floor plan of 40' x 50', and such structure or structures will not violate any of the rules or regulations of the City of Paris, or the Federal Aviation Administration. It being agreed and understood that LESSEE shall be responsible for electric utilities furnished to the hangar building or buildings during the term of this lease. In the event of a termination of this lease by the City of Paris, as permitted herein during the first twenty -five (25) years of said lease, the City of Paris will be obligated to pay to LESSEE 1 /25th of the original cost of said hangar or hangars and apron multiplied by the number of years remaining in the first twenty -five (25) years of the lease which ends July 31, 2019. In the event that final termination of said lease occurs during the final ten (10) years of said lease, the City of Paris will not be obligated to pay to LESSEE any compensation for the remainder of the lease term. In the alternative, in lieu of payment for termination during the first twenty -five (25) years of the term of this lease, the City of Paris may agree to give LESSEE hangar space of equal quality, size and usefulness at no expense to LESSEE for the remainder of the first twenty- five (25) years of the term of this lease and in such event LESSEE is granted the right to lease such substitute space for ten (10) years for TWELVE THOUSAND AND NO / 100 DOLLARS ($12,000.00) payable as aforesaid and all additional option term of ten (10) years at a rental rate to be based on fair market value as aforesaid. In the event that LESSOR terminates the lease, LESSOR will make available any other suitable hanger space at the termination of any existing lease to LESSEE at fair market value rent. 9. "Ihat LESSEE will take good care of the leased premises and be responsible and make good to LESSOR all injuries and damages to the same caused by LESSEE or those under 3 him and will deliver same to LESSOR at the expiration or termination of this lease in as good condition as when completed, usual wear and scar alone excepted; and LESSEE will, upon the expiration of this lease, peaceably yield up to LESSOR all and singular the premises and all future erections, additions or repairs to or upon same, in good repair, including but not limited to hangar buildings, storage buildings, permanent installation of equipment and fixture and fences. 10. That it shall be lawful for LESSOR's Airport Manager to enter upon and into the leased premises and every part thereof at all times for the purpose of inspecting and examining the condition thereof. 11. That LESSEE has the right to assign this lease or sublet any part of the leased premises, with such assignee having all rights, privileges and obligations contained in this lease. 12. That LESSEE agrees to indemnify, save, keep and hold harmless LESSOR from and against any and all demands, debts, liabilities, suits, claims and causes of action of' every kind and character whatsoever for damage or injuries to persons and /or property occurring on the leased premises resulting from LESSEE's, his invitees', agents', servants' or employees' use, and LESSOR shall not be liable to LESSEE, his invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of' the premises being improperly constructed, maintained or being or becoming out of repair; LESSEE hereby waives any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries, and LESSEE must at all times during the term of this Agreement, and any extensions thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of LESSEE, his invitees, agents, servants or employees, and shall pay all premiums due thereon when due. it is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, with LESSOR as an additional insured, subject to 4 approval by the City Attorney of the City of Paris, and LESSL:E or his insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1 st Street S.E., Paris, " hexas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this lease and any extension thereof and specifically noting thereon that LESSOR is all additional insured. All such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461 -9037. 13. LESSEE will not rent [fie premises or any part thereol' for aircraft storage unless a permit under Article II, Chapter 6 of the Code of Ordinances of* the City of Paris, has been issued to hint for that specific purpose. 14. That LESSEE will not use or permit the use of said premises or any part thereof for any purpose which is determined dangerous or hazardous to the airport operation by Airport Manager. 15. Should LESSEE default in or fail or refuse to keep any of the covenants, conditions, stipulations and /or provisions herein contained, notice hercol' shall be given in writing to LESSEE by LESSOR's Airport Manager, giving LESSEE thirty (30) days to correct such discrepancy, and in the event such default, failure or refusal is not corrected within said thirty (30) day period, a second notice, in writing by certified mail, affording a hearing before the Airport Advisory Board on a day certain, shall be given to LESSEE by LESSOR's Airport Manager. After affording LESSEE such hearing, the Airport Advisory Board shall recommend to the City Council that the Lease continue or be terminated, and thereafter the City Council shall take such action as it deems necessary. 16. That the LESSOR, may at its option, terminate this lease as to the entire tract, or any part thereof, which may be necessary, in the event the LESSOR desires to use the property, or any portion thereof, for necessary municipal functions, such as extension of runways or erection ol' other airport f�.filities. In the event of either o1' the above contingencies, the LESSOR shall give the LESSEE ninety (90) days notice, in writing, of its intention to so 5 v 391e utilize the tract, or any portion thereof, for the above specified purposes. In the event of either of the above contingencies, the LESSOR shall have the option pursuant to Paragraph 8 of this lease to satisfy its obligation of compensation to LESSEE. 17. The terms of' this lease are binding on and the benefits herein inure to the heirs, administrators and executors of LESSEE. EXECUTED ON the dates shown in acknowledgements below. CITY OF PARIS, LESSOR: BY: Mattie Cunningham, City Clerk APPROVED AS TO FORM: I'. K. Haynes, City Attorney MICFIALL E. MALONE City Manager LESSEE: WILLIAM T. I30OTHE STATE OF "TEXAS } } COUNTY Oh LAMAR } BEFORE ME, the undersigned authority, on this clay personally appeared MICHAEL L. MALONE, City Manager of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL 01" OFFICE, this the day of 1994. Notary Public, State of 'texas 0 3 STATE OF 'TEXAS } } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM T. BOOTIfE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1994. Notary Public, State of "I'exas 7 FIELD NOTES Being all that certain tract of land situated about 6.25 miles Southeast of the City of Paris, Lamar County, Texas, a part of the H.B. Davis Survey, Abstract No. 255 and a part of the same land described in deed from the United States of America to the City of Paris, recorded In Volume 308, Page 287, Lamar County Deed Records and being further described as follows: Commencing at an Iron pin for comer at the intersection of the South line of F.M. Highway 1508 with the East line of F.M. Highway 1508 situated just South of the main entrance to Cox Field Airport; Thence North 53 Degrees, 54 Minutes, 20 Seconds East a distance of 1164.48 feet to a point at the Southwest corner of this tract; Thence North 1 Degree, 53 Minutes West a distance of 162.5 feet; Thence North 88 Degrees, 07 Minutes East a distance of 110.0 feet; Thence South 1 Degree, 53 Minutes East a distance of 162.5 feet; Thence South 88 Degrees, 07 Minutes West a distance of 110.0 feet to the place of beginning and containing 0.41 acre of land. I, R. Brandon Chaney, Registered Professional Land Surveyor No. 4057, State of Texas, certify that the above Plat and Field Notes de and represent an actual. Survey rnade on the ground under my supervision and finished jp Brandon Chaney, R.P.L.S. Ng14057 STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, a Notary Public in and for said County and State on this day personally appeared R. Brandon Chaney, known to me to be the person whose name is subscribed to the foregoing Instrument and acknowedge to me that he executed same for the purpose and consideration therein expressed. GIVEN UNDER MY PAAIG,kN•D SEAL OF OFFICE, this � _ day of A.D. 1994. PtL H. ''••• r Y PGA kP ' NOTARY PUBLIC, STATE OF TEXA :• �� Of ? '•• fir r RE► .•S • '•.,• ?,46,97 ••��.•' B HIBIT A Resolution No. 94 -085, Pursuant to Section 312.208(a), Property Redevelopment and Tax Abatement Act, the City Council hereby authorizes the execution, delivery and performance by the City of the First Amendment to Tax Abatement Agreement with Campbell Soup Company, and authorizing the Mayor of the City of Paris to execute such agreement, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. !•/ t3 8' o'r �� N N m rn V) �Jl.�I� 5 as °o7'w FIELD NOTES Being all that certain tract of land situated about 6.25 miles Southeast of the City of Paris, Lamar County, Texas, a part of the H.B. Davis Survey, Abstract No. 255 and a part of the same land described in deed from the United States of America to the City of Paris, recorded In Volume 308, Page 287, Lamar County Deed Records and being further described as follows: Commencing at an Iron pin for comer at the intersection of the South line of F.M. Highway 1508 with the East line of F.M. Highway 1508 situated just South of the main entrance to Cox Field Airport; Thence North 53 Degrees, 54 Minutes, 20 Seconds East a distance of 1164.48 feet to a point at the Southwest corner of this tract; Thence North 1 Degree, 53 Minutes West a distance of 162.5 feet; Thence North 88 Degrees, 07 Minutes East a distance of 110.0 feet; Thence South 1 Degree, 53 Minutes East a distance of 162.5 feet; Thence South 88 Degrees, 07 Minutes West a distance of 110.0 feet to the place of beginning and containing 0.41 acre of land. I, R. Brandon Chaney, Registered Professional Land Surveyor No. 4057, State of Texas, certify that the above Plat and Field Notes de and represent an actual. Survey rnade on the ground under my supervision and finished jp Brandon Chaney, R.P.L.S. Ng14057 STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, a Notary Public in and for said County and State on this day personally appeared R. Brandon Chaney, known to me to be the person whose name is subscribed to the foregoing Instrument and acknowedge to me that he executed same for the purpose and consideration therein expressed. GIVEN UNDER MY PAAIG,kN•D SEAL OF OFFICE, this � _ day of A.D. 1994. PtL H. ''••• r Y PGA kP ' NOTARY PUBLIC, STATE OF TEXA :• �� Of ? '•• fir r RE► .•S • '•.,• ?,46,97 ••��.•' B HIBIT A Resolution No. 94 -085, Pursuant to Section 312.208(a), Property Redevelopment and Tax Abatement Act, the City Council hereby authorizes the execution, delivery and performance by the City of the First Amendment to Tax Abatement Agreement with Campbell Soup Company, and authorizing the Mayor of the City of Paris to execute such agreement, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. 395 RESOLUTION NO. 94 -085 WHEREAS, the City Council of the City of Paris, did on May 10, 1990, authorize the execution, delivery and performance of an agreement with CAMPBELL SOUP COMPANY ( "Campbell ") and CAMPBELL SOUP (TEXAS), INC. (Campbell - Texas"), pursuant to the Property Redevelopment and Tax Abatement Act, V.T.C.A., Tax Code Sec. 312.001, et seq. ("Act"), and the Guidelines and Criteria for Designation of Reinvestment Zones and Tax Abatement Agreements ( "Guidelines ") to exempt a portion of the value of the property owned by Campbell Soup Company located in Reinvestment Zone No. One ( "Paris Plant ") from ad valorem taxation upon and subjected to the terms, conditions and provisions set forth in the Tax Abatement Agreement, dated effective as of October 2, 1989 ( "Agreement "); and, WIIEREAS, pursuant to Lhe Agreement, the term of the tax abatement granted therein began with the tax year beginning January 1, 1990, and expires on December 31, 1994, subject to the option to extend for an additional two -year period expiring on December 31, 1996; and, WIIEREAS, Campbell has succeeded to the interests of Campbell -Texas and has acquired all interest of Campbell -Texas in and to the personal property used in the operation of the Paris Plant; and, WIIEREAS, Campbell is desirous of exercising the option to extend the period of tax abatement under the Agreement to December 31, 1996; and, WIIEREAS, Section 312.208(a) of the Act and the Guidelines adopted by the City each provide that a tax abatement agreement may be modified by the parties thereto by the same procedure by which the original agreement was approved and executed; and, WHEREAS, the City and Campbell now desire to amend the Agreement in accordance with the Act and the Guidelines to provide for extension of the period of tax abatement under the Agreement to December 31, 1996; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that: 1. The facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. 2. The City Council hereby finds and determines that the terms of the First Amendment to Tax Abatement Agreement attached hereto as Exhibit A meet the criteria for tax abatement as set forth in the Act and in the Guidelines adopted by the City of Paris. 3. Pursuant to Section 312.208(a) of the Act, the City Council hereby authorizes the execution, delivery and performance by the City of the First Amendment to Tax Abatement Agreement with Campbell Soup Company in the form attached hereto as Exhibit A. The Mayor is hereby authorized to execute the First Amendment to Tax Abatement Agreement on behalf of the City of Paris, and to do or cause to be done all things necessary to effect such Amendment. PASSED AND ADOPTED the 1 I th day of July, 1994. Don Shelto a- ro 396 ATTEST: Mattie Cunningham, City rk APPROVED AS TO FORM: T. K. Haynes, ity Attorney EXHIBIT A Property Description Approximately nine (9) acres of property owned by Camp^c_1 Soup Company, at 500 1.000 286 N.W.,, in the City of Paris, Lamar County, Texas, and more particularly described as follows: BEGINNING at a point in the West Boundary Line of t_7ie St. Louis -San Francisco :.ai lc:av Right of Way Line, said point being North 230 East, 610 feet more or less ==on the Southeast corner of the Camobell Sour) Co<<, )anv property, same being the Southeast corner of a 20.87 acre tract of land purchased by Campbell Soup_ Company from Paris, Texas, Industrial Foundation, Inc.; THENCE North 670 West, 340 feet more or less to a line that is 45 feet East of and 0aral lel to. 'the East '.;=ll of Campbell Soup Ccmoanv f =ice Building L• -1; THENCE Northeasterly with said line that. is - 45 =met East of and o_arallel- with the East wall of Bu_ld_nc L -1, 840 feet more or less to a point, THENCE Northeasterly 110 feet more or less to the 7__,s. wall of Production Building L -4; THENCE Northeasterly With the East wall o` auilc_nc L -4, 200 feet more or less to a point; THENCE Southeasterly 440 feet more or less to a point in the West Boundary Line of the St. Lcuis -San Fra-c_s- co Railway Ccmoanv night of wav Line; . THENCE Southerly alone the railroad Right of Way Line, the place of beginning. West Boundary Line c said 1,060 feet more or less to A -1 __ - --- Resolution No. 94 -086, luthorizing and directing the Mayor of the City of Paris, Don Shelton, to execute the deeds and any and all documents necessary to convey the property sold at a sale conducted by the Sheriff pursuant to an order of the District•,Court, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. 1 i FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT THIS FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT ( "Amendment ") is entered into between THE CITY OF PARIS, a municipal corporation, situated in Lamar County, Texas, acting by and through its mayor, duly authorized ( "City"), and CAMPBELL SOUP COMPANY, a New Jersey corporation ( "Campbell ") The City, Campbell and Campbell Soup (Texas), Inc., a Texas corporation ( "Campbell- Texas "), entered into the Tax Abatement Agreement dated effective as of October 2, 1989 ( "Agreement "), pertaining to the construction of an approximately 200,000 square foot building to house machinery and equipment required to manufacture and package "Prego" brand products, juice products and microwavable food products on the property described in Exhibit A attached hereto and incorporated herein. Campbell has succeeded to the interests of Campbell -Texas and has acquired all interest of Campbell -Texas in and to the personal property used in the operation of the Paris Plant. The City and Campbell now desire to amend the Agreement to provide for extension of the initial term of the Agreement to December 31, 1996. NOW THEREFORE, for and in consideration of the mutual premises herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Extension Option. Section 9.2 of the Agreement is hereby deleted in its entirety. The City and Campbell hereby acknowledge and agree that the tax abatement granted pursuant to the Agreement is extended to December 31, 1996. txHIBITA '3 99 2. Other Terms. Except as expressly provided herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. All capitalized terms used herein shall have the meaning assigned to such term in the Agreement, unless otherwise expressly set forth herein. EFFECTIVE as of the 11th day of July, 1994. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney ATTEST: EXHIBITS: Exhibit A - Property Description 2 CITY OF PARIS, PARIS, TEXAS Don Shelton, Mayor CAMPBELL SOUP COMPANY By: Name: Title: RESOLUTION NO. 94 -086 WIIEREAS, the City of Paris, Paris, Texas, has become the owner of certain real property as described on Exhibit A, attached hereto, by virtue of the fact that a sufficient bid was not received at a sale conducted by the Sheriff pursuant to an order of the District Court in Cause Number's shown on Exhibit "A" attached hereto; and, WHEREAS, potential buyers of the properties have come forward; and, WHEREAS, all taxing entities involved in the above referenced causes must consent to the sale of the hereinabove described real properties; and, WIIEREAS, it is to the benefit of all the taxing entities involved that the properties be returned to their respective tax rolls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby, authorized and directed to execute the deeds and any and all documents necessary to convey the property described on Exhibit "A" attached hereto, for and in consideration of [lie cash sums referenced on Exhibit "A" attached hereto, said money to be distributed pursuant to Chapter 34 of the Texas Property Code. PASSED AND ADOPTED this 1 I tli day of June, 1994. Don Shelton, Mayor ATTEST: Mattie Cunningham, City C rk APPROVED AS TO FORM: T. Haynes, CC y Attorney Those Voting Aye Were: Those Voting Nay Were: Charles E. Fulbright Aaron Jenkins John F. Bell Millie Ingram on Shelton AJ,g3Tnp Rrnwn Frir S Clifford 401 EXHIBIT "A" INVENTORY OF LAMAR COUNTY APPRAISAL DISTRICT PROPERTY STRUCK -OFF TO ENTITIES AT TAX SALES AS OF MAY 20, 1994 PROP. NO. PROPERTY #1 Belmont Addition, Block 5, Lot 4 (Acct. #R10173 Lamar Co., Paris ISD, City of Paris, Lamar CED, PJC)(Cause No. 58,287) Situs: 1327 Fairfax Adjudged Value: $3,020.00 Deed filed: 5 -20 -93 Bid: $1,205.00 By: Starling & Mary Templeton #2 City of Paris, Block 177 -A, Lot 1 (Acct. #R16872 Lamar Co., Paris ISD, City of Paris, Lamar CED, PJC)(Cause No. 56,031) Situs: 214 1st SW Adjudged Value: $43,200.00 Deed filed: 12 -10 -92 Bid: $3,500.00 By: People's National Bank #3 City of Paris, Block 232, Lot 1 (Acct. #R17717 Lamar Co., Paris ISD, City of Paris, Lamar CED, PJC)(Cause No. 56,650) Situs: 1150 15th NW Adjudged Value: $7,470.00 Deed filed: 12 -10 -92 Bid: Incomplete, Returned By: N/A OPENING BID $3,992.19 (Subject to 1992 (") $24,085.69 (Subject 10 1992 1. ) $3,027.26 (Subject to 1992 t-) #4 City of Paris, Block 93 -B, Lot 9 -C (Acct. #R15389 Lamar Co., Paris ISD, City of Paris, Lamar CED, PJC)(Cause No. 56,941) Situs: 1117 7th NE Adjudged Value: $6,990.00 Deed filed: 12 -10 -92 Bid: $750.00 By: Oscar Johnson #5 City of Paris, Block 70, Lot 10 (Acct. #R14668 Lamar Co., Paris ISD, City of Paris, PJC)(Cause No. 54,700) Situs: 1100 Block East Cherry Adjudged Value: $7,630.00 Deed filed: 6 -25 -90 Bid: No Bids By: N/A #6 PULLED FROM SALE - #7 PULLED FROM SALE #8 PULLED FROM SALE #9 City of Paris, Block 229, Lot Part of 6 & 7 (Acct. #R17667 Lamar Co., Paris ISD, City of Paris, Lamar CED, PJC)(Cause No. 58,196) Situs: 500 Block of 13th SW Adjudged Value: $9,900.00 Deed filed: 2 -3 -94 Bid: $3,000.00 By: Jack & Effie Thompson 402 $6,990.00 (Subject to 1991 A 1992 tu") $1,953.05 $5,080.74 (Subject to 1993 W) 403 #10 PULLED FROM SALE #11 Gibbons Park, Block 4, Lot 27 (Acct. #R11832 Lamar Co., Paris ISD, City of Paris, PJC)(Cause No. 51,790) Situs: 900 Block of Cedar Appraised Value: $6,250.00 Deed filed: 7 -7 -87 Bid: No Bids By: N/A #12 East Park Addition, Block R, Lots 1, 2, 3, & 4 (Acct. #R11210 Lamar Co., Paris ISD, City of Paris, PJC)(Cause No. 56,211) Situs: 1300 Block of Hickory Adjudged Value: $4,500.00 Deed filed: 5 -19 -94 Bid: Tie, Returned By: N/A #13 A260 D. Draper, City of Deport, AC 0.2571 (Acct. #R41387 Lamar Co., Prairiland ISD, Lamar CED, City of Deport)(Cause No. 60,267) Situs: 318 Pecan St. Adjudged Value: $1,600.00 Deed filed: 5 -19 -94 Bid: $351.00 By: Jimmie Sparks $ N/A $3,326.58 $1,600.00 #14 City of Paris, Block 175 -A, Lot 19 (Acct. #16833 Lamar Co., Paris ISD, City of Paris, PJC)(Cause No. 58,600) Situs: 1174 Van Zandt Adjudged Value: $14,190.00 Deed filed: 2 -3 -94 Bid: $I,S00.00 By: Travis Wortham, Sr. # 15 City of Paris, Lot 1, Block 93 -D (Acct. #R1S404 Lamar Co., Paris ISD, City of Paris, Lamar CED, PJC)(Cause No. 56,213) Situs: 1104 7th NE Adjudged Value: $7,690.00 Deed filed: 2 -3 -94 Bid: $2,000.00 By: Oscar Johnson "6 6 Brookston, Block 13, Lots 6 & 7 (Acct. #R91165 "Lamar Co., Chisum ISD, Lamar CED)(Cause No. 56,993) Situs: Church St. Adjudged Value: $14,790.00 Deed filed: 2 -3 -94 Bid: $1,011.00 By: Susan Bearden #17 A733 JV Pitts Survey, Tract 12, AC 2.87 (Acct. #R53342 Lamar Co., North Lamar ISD, Lamar CED)(Cause No. 59,074) Situs: County Road 35850 Adjudged Value: $21,430.00 Deed filed: 2 -3 -94 Bid: $39151.00 -- By: James Chadwick $8,081.15 ( subjea to 19921ax) $4,096.27 (subject to 1992 k 1993 taxee) $2,292.14 (subject to 19914997 (ue.) $9,215.26 (Svbjcd to 7997 tax) 4®4 #18 Neagle Addition, Block 8, Lot West 50' of 6 -7 (Acct. #R13493 $7,887.56 Lamar Co., Paris ISD, City of Paris, Lamar CED, PJC)(Cause (Sub;ed 10 1992 R 1993 tun) No. 58,280) Situs: 405 Evergreen Adjudged Value: 11,260.00 Deed filed: 2 -3 -94 Bid: $1,019.00 By: Don & Nita Smith #19 R & R South, City of Blossom, $1,940.00 Block D, Lot 7 (Acct. #R42425 Lamar Co., Prairiland ISD, City of Blossom, Lamar CED)(Cause No. 59,864) Situs: Elizabeth Lane Adjudged Value: 1,940.00 Deed filed: 5 -19 -94 Bid: $200.00 By: John & Stacy Berry 1 Resolution No. 94 -087, authorizing and directing the Mayor of the City of Paris, Don Shelton, to execute the deeds and any and all documents necessary to convey the property sold at a sale conducted by the Sheriff pursuant to an order of the District Court, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. 406 RESOLUTION NO. 94 -087 WIIEREAS, the City of Paris, Paris, 'Texas, has become the owner of certain real property as described on Exhibit A, attached hereto, by virtue of the fact that a sufficient bid was not received at a sale conducted by (he Sheriff pursuant to an order of the District Court in Cause Number's shown on Exhibit "A" attached hereto; and, WIIEREAS, potential buyers of the properties have come forward; and, WIIEREAS, all taxing en(ities involved in the above referenced causes must consent to the sale of the herei:iabove described real properties; and, WIIEREAS, it is to the benefit of all the taxing entities involved that the properties be returned to their r�speclive tax rolls; NOW, 'I'l1EREFORE, BE, IT RESOLVED IfV TIIE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby, aulhorized and directed to execute (he deeds and any and all documents necessary to convey the properly described on Exhibit "A" attached hereto, for and in consideration of the cash sums referenced on Exhibit "A" attached hereto, said money to be distributed pursuant to Chapter 34 of the 'Texas Property Code. PASSED AND. ADOPTED this I lth day of June, 1994. n Shelton, Mayor A1TTI:ST: Mattie Cunningham, City Clef APPROVED AS TO FORM: T. K. ay es, City Attorney Those Voting Aye Were: Those Voting Nay Were: Charles r Aaron Jenkins -- John F. Bell Millie Ingram Don Shelton Wayne Brown Eric S. Clifford 401 EXHIBIT "A" BIDS WERE OFFERED ON THE FOLLOWING S'T'RUCK -OFF PROPERTIES ON JULY 5, 1994 Property Descriptions: 1. City of Paris, Block 177 -A, Lot 1 (Acct. IR17717 Lamar Co_, Paris ISD, City of Paris, Lamar CED, PJC)(Cause No. 56,650) Situs: 1150 15th NW Adjudged Value: $7,470.00 Struck -Off Amount - $3,027.26 Bid: $750.00 By: Clayton and Elois Miles ' 2. Gast Park Addition, Block R, Lots 1,2,3 & 4 (Acct. IR11210 Lamar Co., Paris ISD, City of Paris, PJC)(Cause No. 56,211) Situs: 1300 Block of Hickory Adjudged Value: $4,500.00 Struck -Off Amount - $3,326.58 Bid: $300.00 By: Bill W. Mitchell Resolution No. 94 -088, resolving that the Texas Department of Transportation be requested to establish a center turn lane at the entrance of the Elderly Housing Development at 3390 Clarksville Street, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. w •, ILI SOLUTION NO. 91- -088 1i'11hAU-AS, because of the increased turning traffic doc to (he location of (he Liderly housing Development al 3390 Clarksville, (he Ci(y Council of the City of Paris is aware of' a need for a center turn lane at (he entrance of this development; and, W111- U"'AS, it is perceived (hat (he addition of a center turn lane. would alleviate the congestion anticipated at said location; and, \VIII;R1?AS, it would be in the best interest of (lie citizens of (he City of Paris for the City Council to request the Texas Dcparlmen( of 'frans;,orlalion to establish a center turn lane at the entrance of 3390 Clarksville Street; NOW, 'I'llFAIs1'O1M, lt(:SOI,VI D I1Y 'I'lII? CI'I'1' COUNCIL, OF T'III CITY ON 1'AMS, that Ilse I exa.s Ucpartnrcnt of I ranSporlalion be requested to establish a cen(cr turn lane at the entrance of the Elderly I lousing Development at 3390 Clarksville Street; and, Ill; I'I' hUR'!'III;R RLSOLVI:D, till( (he City Clerk of the City of Paris be, and she is hereby, directed to furnish certified copies of this resolution to Jill, hall, Area Engineer and to Jerry Kcisler, I)irector of Transportation Operations. I'ASS1,,1) ANU ADOiYrisD this I Ith day of July, 1991. Don Shelton, 0C 1y4�7 ATTMT: Millie Cunningham, City Cler AI'I'ROVED A 'TO F0101: I '. K. i lyncs, C y Attorney Resolution No. 94 -089, resolving that a public hearing be held by and before the City Council of the City of Paris in regular session convened on the 4th day of 1ltrgust, 1994, at 6.00 1'. M., in the City Council Chamber, City llall,m 135 1st Street S. E., Paris, Lamar County, Texas, at which time the matter of a water main pro rata extension from East Price Street to E;,t Ch -rry Street along the west side of North Collegiate Drive, was presented. !1 motion was made by Councilwoman McDonald for approval of the resolution. The motion was seconded by Councilman Brown, and carried 7 ayes, 0 nays. µoq RESOLUTION NO. 9.1 -089 WHEREAS, the City Council of the City of Paris has received a request for water and service to the area along the west side of North Collegiate Drive, bounded on the south by East Price Street, and on the North by Gast Chcrry Street, which could be best .,. . served by a pro rata water extension beginning at an existing ten inch water main at East — Price Street running northerly along the west boundary line of North Collegiate Drive to an existing eight inch water main at Cherry Street, containing approximately 1,050 linear feet of P.V.C. water main line; and, IVIIL'REAS, it would be right and proper to have a public hearing concerning (lie same at the regular council meeting on August 4, 1994, at which time the City Council will determine whelhcr or not the pro rata project should be approved and constructed; NOV, HIERIsFOItEl BE' IT RESOLVED 13Y TIIE CITY COUNCIL OF TILE CITY OF PARIS, that a public hearing be held by and Wore the City Council of the City of Paris in regular session convened on the 4th clay of August, 1994, at 6:00 o'clock P.M., in (he City Council Chamber, City Mall, 135 1st Street S.E., Paris, Lamar County, Texas, at which time the matter of a water main pro rata extension from East Price Street to Cast Cherry Street along the west side of North Collegiate Drive will be considered. PASSED AND ADOP'T'ED this I I th day of July, 1994. Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clu APPROVED AS TO FORM: T. K. Haynes, City Attorney 410 City Manager Malone called for consideration of and action on approval of the Preliminary Plat of Paris Parcouest Phase I, and advised that this item was tabled at the last meeting, and a motion to bring it from the table was in order. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford to bring the above item from the table. The motion carried 7 ayes, 0 nays. Mr. Jake Street, 3525 Rolling Green Drive, Abilene, Texas, was present telling the Council that for twenty five years he has done development work in Paris, Texas. Mr. Street told the Council that his plan is to develope a small 9 unit development on the west side of Paris. Mr. Street said there has been a lot of discussion on the first stage of this development regarding drainage, and a comprehensive drainage plan has been designed, and is complete. Mr. Street said the only thing that he objected to is concreting a creek. Mr. Street said he is going to live in this development, and he is not going to do anything to it that will be a detriment to the City of Paris, or to the development. Mr. Street said he knew that the City's guidelines talk about drainage ways, ditches, waterways, and thing of this nature. A ditch is a man -made object, it is something that you take and you dig out, a creek is something that is created by nature. Mr. Street said if you tell me to concrete a ditch, he will do that, that he plans to do that in some areas, but you are telling me to concrete a creek. The Environmental Protection Agency, and the Texas Parks and Wildlife Departments says you can not concrete creeks, you have to get a permit to go in with a bulldozer to shape a creek. Mr. Street said he was trying to treat this land in partnership with development, and further requested .the Council to approve his preliminary plat. Councilman Clifford asked Mr. Street if he had read the Engineer's recommendation for his development, and Mr. Street's answer was part of the requirements. On the request of Councilman Clifford for Mr. Street to read the requirements and tell the Council what you can live with, and what you can not. At this time Mr. Street read the requirements. A motion was made by Councilman Clifford to move to Agenda Item No. 10, consideration of and action on increasing the funding for the air 41 conditioning at the Police and Courts Building, 811 Bonham Street to be funded from the Certificates of Obligations, Series 1993. The motion was seconded by Councilman Jenkins, and carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on increasing the funding for the air conditioning at the Police and Courts Building, 811 Bonham Street to be funded from the Certificates of Obligations, Series 1993, and advised that after additional investigation, it appears that we have budgeted insufficient funds to accomplish the needed air conditioning at the Police and Courts Building, that we had budgeted $20,000.00 to do this project, and asked the City Engineer to go down there and see what needed to be done, after he investigated this project, the complexity of it, he felt like he needed to call in an architect, and it appears from the drawing the architect has done would increase from $20,000.00 to approximately $65,000.00. City Manager Malone said this building is sound, and we are talking about that portion starting with the jail forward. Earl Smith, City Engineer, told the Council that we will not be able to use the old vent system except in the Municipal Court Room. Mr. Smith said there will be ten different zone in the air conditioning system with 2 to 2 1/2 tons each. Mr. Smith told the Council that the roofing project would have to follow real close to this project. After further discussion, a motion was made by Councilman Bell seconded by Councilman Clifford authorizing increasing the budget amount from $20,000.00 to $65,000.00 for the air conditioning at the Police and Courts Building. The motion carried 7 ayes, 0 nays. Mayor Shelton announced that the Council would go back to Agenda Item No. 9, consideration of and action of approval of the preliminary plat of Paris Parcouest Phase I. Mr. Street advised the Council that there was nothing in the City Engineer's requirements that he could not live with. Mr. Street told the Council that the Homeowners Association will maintain the creek, this will be a closed community. City Engineer, Earl Smith, advised that it was his recommendation, is he would have to see the Homeowner's Agreement, that is how he proposes to maintain the plat, the only problem is establishing the flood line and maintain the ditches properly. Councilman Clifford wanted to know if this could be approved if on the plat there is placed a proviso that the City of Paris assumes no obligation for the maintenance, or drainage on the property, and that all maintenance and drainage is the responsibility of the Homeowners Association and nothing further from the City. City Attorney Haynes advised that that could be done, but it would be appropriate to see what the Homeowner's Association document is going to say about this, and the reason is, because that in the event somewhere down the road when we are not worried about this, that if there is no homeowners left to take care of it or not taking care of 412 it, what is the mechanisms in order to require them to do what they are suppose to do. Mr. Street said that on the Preliminary Phase I, that is all he was asking for, and someone suggested that someone in Planning and Zoning —. might need to know what the whole total concept would like, and that is the reason that you have the other plat, when all I wanted was the Preliminary Plat, at that time he did not have the drainage engineering plan ready. After further discussion, a motion was made by Councilman Clifford to approve the Preliminary Plat of Paris Parcouest, Phase I granting the requested variances with the proviso that City Attorney Haynes and City Engineer Smith upon the final plat show clearly that the City of Paris assumes absolutely no obligation for any drainage or maintenance upon any drainage structure, and let Mr. Street go ahead and see what he can do out there. The motion was seconded by Councilwoman McDonald, and carried 7 ayes, 0 nays. City Attorney Haynes reported that there has been some investigation performed in conjunction with some suites in other states by Utility Commissions that would indicate that there has been the possibility that Southwestern Bell has used rates in the past that have over performed in our area, and it would be appropriate for the City to join in the event that is a ground swell of other cities wishing to investigate this matter to join with them, and to make sure, if possible that our citizens have not been over charged. In the event that there is not a ground swell of many cities interested in doing this, it would be impossible to do it by ourselves, so it depends on if there is a lot of people willing to go forward with this matter, but it is something we can tell our citizens that we are protecting them by participating if we have the opportunity, and he did not anticipate any cost. There being no further business, the meet' adjou ned at 8: P. M. D HELTON, YO F PARIS ATTEST: MATTIE CUNNINGHAM, CITY CLERK 4'1 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL July 18, 1994 The City Council of the City of Paris met in regular session, Monday, July 18, 1994, 4:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following members present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone called for discussion of the City of Paris 1994 Water and Wastewater Rate Study with Mr. Jay Joyce of Reed -Stowe and Company, Utility Rate Consultants. City Manager Malone announced that later in the meeting there is a bid open for $5,500,000.00 in Certificate of Obligation, Series 1994 scheduled, and our advertisement states that we will do this at 6:00 P. M., so we scheduled this meeting earlier because several members of the Council expressed questions about the rate study, how the rate study was conducted, and how the rate that we have in place were arrived at. City Manager Malone said rate study, and within t support debt service for time, in the water system, is now underway, and which pump station, and the exp a deal of that was mandat Government in term of wate in terms of being able to we need for local industr y that rate, you will recal industry representatives interest of the rate st time. Campbell Soup req contract at that time wa admit fee. Campbell Sou Council expressed the de Soup, and the consideratio take or pay, it took more if the Council would recall in 1991 we had a V rate study we had to implement rates to capital expansion needs, primarily at that a great deal of that expansion project which you all recognize as the raw water line, the nsion plant which is also underway. A great ed through the requirements of the Federal r quality standards that we have to meet, and do that and supply water at the quality which and other users. At the time we implemented 1, some of you were here, we had some local that came to the meeting and expressed ructure that was being implemented at that uested a cost of service rate, the existing s a cost of service rate plus a six percent p requested a cost of service contract, the sire to enter into a contract with Campbell n for that agreement was to be some method of than a vear to qet that implemented with an agreement that would e <lablish a cost of service rate for Campbell Soup. You might realize; of course, that as Jay is going to explain to you, the way you arrive at rates is that you determine the amount of revenue you have to have to operate you system and pay your debt service, then you back in the rate and assign cost to the various customer classes, and you might realize that that money that Campbell Soup was paying in addition to their fair cost of service was money that provided relief to the other customer classes. Then we moved on at that point in time we had some local industries that expressed a desire for rate relief, and we did implement a commercial rate structure, it was not a rate that was recommended by the consultant. The lost revenue was not assigned to any of the other customers classes at that time. Their rates were lowered, and that was revenue that was 414 lost to the City, which has caused the City financial problem in maintaining the reserves, and thing that are needed to meet the covenants that we have for our people who loan us money through these instruments that we issue. This rate study, and what we asked Reed, Stowe and Company to prepare for us was a cost of service rate study which would assign a cost of service to the various customer classes. In the course of that study, we had to wait and see if the Campbell Soup contract was signed and agreed up, it was, and after that point in time we brought the consultants in and issued the. report. In talking about the rate structure that was going to be needed, they identified somethings as to how the cost of service is applied to various customers, and what portion of the system they use. The Council expressed an interest in providing relief to those customers that are on the low end of usage, a life line rate was one of the terms that was expressed, and we asked the consultants to go back and develope a life line rate, which they did, and of course, that savings to that customer group, which is a considerable about of people, who's rates did not increase the revenue needed to be generated by them was then assigned to the other customer classes that remained. So, we have a variety of contracts that are in place, we have commercial class customers, residential class customers, and at this time, City Manager Malone asked Jay Joyce to come forward and give a broad overview of the way this rate study was conducted. City Manager Malone also advised that there is a discussion item, and following the discussion item we will have a workshop session, and at that time we will invite the people in the audience to ask questions. Mr. Jay Joyce of Reed -Stowe and Company came forward telling the Council that back in January they conducted a rate study, and Mr. Joyce apologized for any portion of his previous presentations that was unclear to the Council. Mr. Joyce said the first thing that needed to be cleared up is a misunderstanding regarding the sanitation fee. Mr. Joyce stated that Reed and Stowe was not asked to review the sanitation fee, that it is completely separate from the water and sewer rates, and any discussion should be separate. Mr. Joyce said that the rate study is cost base, the rates are developed so that each Lustomer class pays their fair share. There is many considerations such as average consumption, peak day consumption, peak hour consumption, meter size and demand capabilities, customer service costs, lost and unaccounted for water allocation sewer strength characteristics, distribution system inch -feet, location on system, and wholesale contractual requirements. Rates are designed are for the rule and not for the exception. This is a general utility rate making standard, as an example, the business telephone service always cost more that residential. Mr. Joyce said that the rates that were passed allows everyone except the low -end residential customers to pay the cost of service. The final rates deviate from cost basis due to political decision that the Council made, but it is important to note that about 1,439 residential customers received no increase which is about 20% of your residential customers, and those customers are subsidized by other customers. Mr. Joyce said that the rates were calculated by starting with the total revenue requirements which the city must generate this amount of revenue in order to operate the system. These expenditure numbers were developed from the Council approved budget, and amendments during the rate study. Mr. Joyce said that the required annual expenditures for water was $5,363,334., sewer $3,588,945, debt service increase $99,160., and electricity reduction ($53,325.) making the final revenue requirements $8,998,114.00, then back in May at a Council meeting there were two changes made, one was to increase the debt issue from $5,000,000. to $5,500,000., and to also increase the interest rates to reflect changes in increases that happened since the original study was done. Also they looked at the TU rates that were finally approved by the PUC, and made an adjustment for that. The revenue sources shows residential contributing $3,104,788., commercial and industrial $2,873,293., wholesale and contractual $2,899,627., and miscellaneous Water and sewer charges, and industrial surcharges $144,630., for a total of $9,022,338. for revenues vs the revenue requirements of $8,998,144. leaving a surplus of $24,224.00. Mr. Joyce said that as Mike had pointed out the Campbell Soup contract has been changed which caused about $166,000. annual increase to the residential and commercial rate payer8. Mr. Joyce said they were still waiting on data from Kimberly Clark as far as developing a special rate for them, and also the special rate for the industrial customers has definitely contributed to the financial deterioration of the utility fund. Mr. Joyce went over the revenue proofs for water, and for sewer with the Council. Mr. Joyce said they realize that some customers do not want to pay their fair share, but it is the Council's decision, you can give commercial water and sewer away for free if you want to, and the residential customers can subsidize the entire thing. Something will not be based on the cost or any empirical evidence, but you still no matter what the Council does, or who you subsidize, you still have to generate that same bottom line, the same nine million dollars in order to operate the system. Political decision are fine, there are a lot of good reasons as far life -line rates, economic development to subsidize one class over the other. Mr. Joyce said that chart number eight was a residential return flow and the amount of water that is actually returning into the sewer system. This is a residential water consumption, and you will notice that there is generally a bell curve shape to it except for May and June which were wet months. What this indicates is there is a lot of seasonal fluctuation in the residential consumption, and if you compare the winter usage to the summer usage, what comes out is about 20% of the water is being used for irrigation, and about 80% is being returned to the sewer system. The next chart shows the commercial return flow, and it shows the water consumption for the commercial class, and as you can see, it is basically a flat consumption month by month, and pointed out in the warmers months where you would expect to see watering, those are about on line with the other months. What this seems to indicate t is that all of the water being used by the commercial class is being used for domestic inside use, and is returning to the sewer system, which is how we arrive at the 100% for commercial rates. Mr. Joyce told the Council that they were not alone in what they were facing. The Safe Drinking Water Act is estimated plant cost in order to comply nation wide will be approximately thirteen billions dollars, annual testing will be about $117 million per year, water rates will go up about $800 million dollars annually, and some of the smaller utilities is expected to be $70.00 per month increase per household. There has also been the Texas Water Quality Standards that were enacted in 1991 this impacts approximately 1,000 Wastewater Treatment Plants in Texas, estimated at $3.5 billion dollars that will be needed in Texas to meet high aquatic life standard. The costs are estimated to local government in Texas for 1991 through 1999 at $31 billion dollars or $7,000. for each family of four in Texas, or six years of property tax revenues for the 35 largest Texas cities combined, or more than 26 times the total amount of annual sales tax revenues for all Texas cities. Mr. Joyce said that TML recently did a rate survey, and it is very similar to the situation you have here because they looked at the rates over a three year period. For water rates 482 cities responded and 59.5% have raised their rates, the average increase was 21 %. Sewer rates in the last three years for 455 cities, 55.6% have raised their rates and the average increase is over 25 %, so there are large increases all over the State. City Attorney Haynes said that with regard to what Mr. Joyce said about making decisions about which class you wanted to place more than their own share, you know our beginning instructions to our rate consultants when we hire them was to prepare us a rate that will stand up under the scrutiny of the State of Texas and a class customer law suite, one that they could defend in the Courthouse. We think that at a beginning position, that is where we must start. After that has been prepared, then the Council can make any decisions they wish to, but the only way we can have a valid rate is to start in the position that we have directed them to start, and that is what we did when we first hire the consultants six to eight years ago, and that has been the standard order since then. Mayor Shelton announced that the Council would go into a workshop session to discuss water and wastewater system improvements, federal and state mandates, water and wastewater rates, and sanitation and sanitation - related service charges. Mayor Shelton reconvened the Council meeting, and a motion was made by Councilman Clifford to move Agenda Items 8A, 8B, and 8C forward. The motion was seconded by Councilman Fulbright, and carried 7 ayes, 0 nays. Resolution No. 93 -090, resolving that the Engineering Services Agreement between Bucher, Willis & Ratliff and the City of Paris, for preparation of plans and specifications, with bidding and construction administration service, for improvements to the existing lighted guidance signs on Runway 17/35, at Cox Field Airport, be and the same is hereby approved, was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. 417 RESOLUTION NO. 94 -090 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -011 authorize an application to be made to the Texas Department of Transportation for the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport, grant; and, WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -055 accept the Grant Offer for TxDOT Project No. 94 -43 -103 for the installation of lighted guidance signs on Runway 17/35, Cox Field Airport, in the total amount of $67,545.00, requiring a matching contribution of $7,505.00, to be funded by Certificates of Obligation; and, WHEREAS, the City of Paris requires Professional Engineering Services to prepare plans and specifications, with bidding and construction administration services, for improvements to the existing lighted guidance signs on Runway 17/35, Cox Field Airport; and, WHEREAS, the form of Agreement for such Professional Engineering Services, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor, Don Shelton, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Engineering Services Agreement between Bucher, Willis & Ratliff and the City of Paris be, and the same is hereby, approved in the form of Exhibit A, attached hereto; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby, authorized and directed to execute on behalf of the City of Paris the Engineering Services Agreement between Bucher, Willis & Ratliff and the City of Paris in the form of Exhibit A, attached hereto. PASSED AND ADOPTED this 18th day of July, 1994. r'4.F//'J'J ' a440. a lar ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. llaynes, City Attorney 41 ENGINEERING SERVICES AGREEMENT This AGREEMENT, made this day of , 1994 between the CITY OF PARIS, TEXAS, hereinafter called "CITY," and BUCHER, WILLIS & RATLIFF, Consulting Engineers, Planners & Architects with offices in Tyler, Texas, hereinafter called the "ENGINEER." WITNESSETH: THAT THE CITY requires Professional Engineering services required to prepare plans and specifications with bidding and construction administration services for proposed improvements to the existing airfield guidance sign system, hereinafter called the "PROJECT." THAT the CITY has selected BUCHER, WILLIS & RATLIFF to perform the services as described herein. NOW, THEREFORE, the CITY and the ENGINEER for considerations hereinafter set forth, agree as follows: ARTICLE I SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The ENGINEER, upon receipt of written notice from the CITY that this AGREEMENT has been approved, agrees to perform the following services as expeditiously as is consistent with professional skill and care, and the orderly progress of the work. This scope of services will produce construction plans and document/ specifications construction with quantities and opinion of probable construction costs which will implement the existing FAA approved sign plan. The ENGINEER will assist the CITY in the advertisement for construction bids, receipt of bids, award of construction contracts, construction material testing, and services of a Resident Project Representative during project construction phase. All services will be performed in accordance with good engineering practice and applicable published design criteria of the Federal Aviation Administration (F.A.A.). The following is a detailed description of the specific services by item that are a duty of this AGREEMENT. PRELIMINARY ENGINEERING a. Verify existing FAA approved sign plan. b. Conduct field surveys and collect applicable existing drawings from CITY. c. Perform the site investigations to verify existing airfield electrical and guidance sign systems. EXHIBIT d. Prepare preliminary construction drawings of the proposed improvements to the existing guidance sign system plan in accordance to the existing FAA approved Guidance Sign System Plan. Construction Plans will include: Title Sheet Existing Airport Layout Plan Estimated Quantity Sheet Guidance Sign System Plan Sheets Electrical Details and Notes Signage Detail Sheets Suggested Construction Sequence e. Prepare preliminary construction document/ specifications for the PROJECT. f. Calculate probable construction quantities. g. Prepare engineer's opinion of probable construction costs. h. Furnish CITY two (2) sets and TxDOT, Division of Aviation two (2) sets of Preliminary Construction Plans and Specifications for review and comments. 2. FINAL DESIGN a. Attend meeting with CITY to review Preliminary Construction Plans and Specification review comments received from CITY and TxDOT. b. Finalize Construction Plans and Contract Documents /Specifications incorporating final review comments. c. Resubmit Final Plans and Contract Documents /Specifications to CITY for final review. d. Prepare bidding documents. 3. BIDDING PHASE a. Assist CITY in advertising for bids. b. Print and distribute Plans and Contract Documents /Specifications to plan holding houses and prospective bidders. C. Respond to contractor's questions regarding plans, specifications and bidding documents. d. Attend Bid Opening at City Hall. 2 420 e. Tabulate bids and recommend to the CITY the lowest responsible bidder for award of the Contract. f. Assist CITY in the execution of the final Contract between CITY and CONTRACTOR. 4. CONSTRUCTION ADMINISTRATION PHASE a. Attend Pre - Construction Conference at the airport. b. Provide five (5) sets of Plans and Contract Documents /Specifications to Contractor for use during construction. c. Perform field surveys to establish project control monumentation. d. Log, review and distribute shop drawings submitted by the Contractor. e. Assist CITY in reviewing and evaluating change order requests submitted by the Contractor. f. Review progress payment requests submitted by the Contractor and make recommendations to the CITY for payment. g. Review inspection and test reports submitted by the testing laboratory and distribute to Contractor, CITY and TxDOT, Division of Aviation. h. Conduct periodic visits to the project site to observe construction work in progress and provide appropriate reports to the sponsor. i. Conduct a final inspection with the CITY and TxDOT and submit a record of the inspection. j. Prepare record drawings and furnish five (5) sets plus one (1) set of reprodudbles to the CITY. 5. SPECIAL SERVICES The professional services set forth below are not included as a part of items 1, 2, 3, and 4. No Special Services shall be performed by the ENGINEER unless authorized by the CITY. a. Resident project representative for continuous or as- needed on -site observation construction. b. Provide for detailed construction layout surveys, if required. c. Boundary, land and right -of -way surveys, establishment of monuments and related office computations and drafting. d. Preparation of property or easement descriptions and related drawings. 3 421 e. Assistance to the CITY as an expert witness in any litigation with third parties arising from the development or construction of the PROJECT. f. Appearance before regulatory agencies. g. Preparation of Environmental Impact Assessment Reports and assistance to the CITY in preparing for, and attending, public hearings. h. Prepare applications for government grants or advances other than the preapplication. i. Detailed mill, shop and /or laboratory inspection of materials or equipment. j. Additional copies of reports, plans, specifications and documents above the number specified to be furnished under the items 1 through 4. k. Travel and subsistence for the ENGINEER and his staff beyond that normally required under items 1 through 4, when authorized by the CITY. 1. Preparation of operating instruction and manuals for facilities and training of personnel in the operation of the facilities. m. Actual performance of soils and foundation investigations, including field and construction laboratory tests, borings, related engineering analyses, and recommendations. n. Extensive revision of contract drawings after a definite plan has been approved by the CITY. o. Preparation of a new Airport Layout Plan or extensive revisions for an existing Airport Layout Plan. p. Preparation of feasibility or rate - making studies. q. Any other services required for the PROJECT, authorized in writing by the CITY, and not otherwise provided for in this AGREEMENT. ARTICLE II SCOPE OF SERVICES TO BE PROVIDED BY CITY The CM agrees that it has designated the Director of Community Facilities, Dick Boots, as the CITY's representative for this project. Also, the Airport Manager and the staff as designated by the Director of Community Facilities, will cooperate with the ENGINEER in the performance of the services under this AGREEMENT and will be available for consultation with the ENGINEER at such reasonable times as do not conflict with their other responsibili ties. 4 42; — The CITY further agrees to furnish to or snake available for examination by the ENGINEER all data and information which the CITY play have available and the ENGINEER shall be entitled to rely upon such data and information furnished or caused to be furnished by the CITY in the performance of the services by the ENGINEER hereunder. The CITY also agrees to provide access to the site and other pertinent facilities to the ENGINEER as may be required for the completion of these services. ARTICLE III TIME SCHEDULE The ENGINEER agrees to complete the services described in items 1 and 2 of Article I within sixty (60) calendar days of receipt of written notice to proceed from CITY. Services described in items 3 and 4 of Article I will be completed concurrently with implementation of the improvements provided by the project. ARTICLE IV COMPENSATION The CITY agrees to pay the ENGINEER the lump sum amounts stated below for each of the sections of the SCOPE OF SERVICES included in ARTICLE I of this AGREEMENT. 1. Preliminary Engineering Nine Thousand, Six Hundred, Seventy-Six Dollars $ 9,676 2. Final Design Two Thousand, Eight Hundred, Eighty-Four Dollars 2,884 3. Bidding Phase Three Hundred Fifty-Eight Dollars 358 4. Construction Administration Phase Two Thousand, Three Hundred, Fourteen Dollars 2,314 Total Compensation $15,232 5. Special Services As described below: In the event that the CITY elects to have the ENGINEER furnish Special Services as set forth in ARTICLE I.5, the compensation for such services shall be calculated on the basis of the following hourly rates for officers and employees directly involved in furnishing the services: 5 423 Partner $120.00 Project Manager $ 90.00 Project Engineer $ 55.00 Electrical Engineer $ 65.00 Engineering Technician $ 36.00 Draftsman $ 20.00 Clerical $ 30.00 3 Man Survey Crew $ 90.00 The above listed hourly rates shall include all direct salary costs, indirect salary costs, fringe benefits, overhead, any other payroll costs and profit. 1. Reimbursable expenses directly chargeable to the PROJECT for the following items shall be billed at actual cost plus a service charge of 10 percent (10 %) to recover administrative cost's. ' a. Travel and subsistence authorized by the CITY to points other than the CITY's office and the work site. b. Printing and reproduction costs for copies of plans, specifications, contract documents and reports in excess of the number specified under ARTICLE I. The CITY agrees to pay the ENGINEER installments billed not more frequently than once each month. Installment amounts shall be at the completion of item 3 and percentage of completion by the ENGINEER for the items l,'2 and 4. Item 5 shall be billed monthly as incurred. Payment shall be made to the ENGINEER by the CITY within thirty (30) days after receipt of the billing by the ENGINEER. ARTICLE V GENERAL PROVISIONS Change in Scope: The scope of the work described in ARTICLE I, Scope of Services, shall be subject to modification or supplement upon the written agreement of the contracting parties. Any such modifications in the scope of the work shall be incorporated by supplemental agreement. At the time of such modification of work, equitable adjustments will be made by the parties 'in the time of performance and the compensation to be paid on the PROJECT. 2. Conferences: Representatives of the CITY may arrange for such conferences and visits as may be deemed necessary or desirable during the progress of the services. Ownership of Documents: Original documents, plans, design and survey notes developed in connection with the services performed under this AGREEMENT belong to, and remain the property of the CITY, in consideration of which it is mutually agreed that the CITY will use them solely in connection with this PROJECT, except with the express written consent of the ENGINEER. ENGINEER may retain reproducible copies of the documents. A 424 4. Liability Limitation: ENGINEER agrees to indemnity and save harmless the CITY, its officials, agents, servants, officers, directors and employees from and against all claims, expenses, demands, judgments and causes of action for personal injury or death or damage to property where, and to the extent that, such claims, expenses, demands, judgments or causes of action arise from ENGINEER's negligence. 5. Termination: This AGREEMENT may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party; provided, however, that in any such case, the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the payment provisions of this AGREEMENT. If this AGREEMENT is terminated, copies of all completed or partially completed designs, plans and specifications prepared under this AGREEMENT shall be delivered to the CITY when the ENGINEER has received payment. It is mutually agreed that the CITY will use them solely in connection with this PROJECT, except with the express written consent of the ENGINEER. 6. Binding Upon Successors: This AGREEMENT shall be binding upon the undersigned parties, their successors, partners, assigns, and legal representatives. 7. Venue: Venue and jurisdiction of any suit, right or cause of action arising under or in connection with this AGREEMENT shall be in Lamar County, Texas.' 8. Access to Documents: Duly authorized representatives of the CITY, TxDOT, Division of Aviation, shall have access to any books, documents, papers, and records of ENGINEER which are directly pertinent to the PROJECT, for the purpose of making audits, examinations, excerpts, and transcriptions. ENGINEER will retain all records pertinent to the PROJECT for three (3) years after CITY makes final payment and all other pending matters are closed. 9. Causes of action between the parties to this AGREEMENT pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall continence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 10. Title VI Assurances: During the performance of this AGREEMENT, the ENGINEER, for itself, its assignees and successors in interest agrees as follows: (a) Compliance with Regulations. The ENGINEER shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this AGREEMENT. (b) Nondiscrimination. The ENGINEER with regard to the services performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The ENGINEER shall not participate either 7 directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (c) Solicitations for Subcontracts Including, Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the ENGINEER for services to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the ENGINEER of the ENGINEER's obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (d) Information and Reports. The ENGINEER shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the CITY to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a ENGINEER is in the exclusive possession of another who fails or refuses to furnish this information, the ENGINEER shall so certify to the CITY or TxDOT, Division of Aviation, as appropriate, and shall set forth what efforts it has made to obtain the information. (e) Sanctions for Noncompliance. In the event of the ENGINEER's noncompliance with the nondiscrimination provisions of this AGREEMENT, the CITY shall impose such contract sanctions as it is or TxDOT, Division of Aviation, may determine to be appropriate, including, but not limited to: (1) Withholding of payments to the ENGINEER under the AGREEMENT until the ENGINEER complies, and /or (2) Cancellation, termination, or suspension of the AGREEMENT, in whole or in part. (f) Incorporation of Provisions: The ENGINEER shall include the provisions of paragraphs (a) through (e) above, in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The ENGINEER shall take such action with respect to any subcontract or procurement as the CITY or TxDOT, Division of Aviation, may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event an ENGINEER becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the ENGINEER may request the CITY to enter into such litigation to protect the interests of the CITY and, in addition, the ENGINEER may request the United States to enter into such litigation to protect the interests of the United States. 11. This AGREEMENT represents the entire and integrated agreement between the CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This AGREEMENT may be amended orly by written instrument signed by both QTY and ENGINEER 426 _ IN WITNESS WHEREOF, said parties have caused this AGREEMENT to be signed by their duly authorized officers in three (3) counterparts, each of which shall be deemed an original, on the day and year first written. CITY OF PARIS ENGINEER P. O. Box 9037 BUCHER, WILLIS & RATLIFF Paris, Texas 75460 3620 Old Bullard Road, Suite 206 Tyler, Texas 75701 By By Don Shelton Title Mayor Title Partner ATTEST: By Mattie Cunningham APPROVED AS TO FORM: By Title: Resolution No. 93 -091, authorizing and directing the Mayor of the City of Paris, Don Shelton, to execute on behalf of the City of Paris the request form for requesting that the FAA prepare a stand -alone Global Positioning Satellite system for air navigation approach for Cox Field Airport, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. f RESOLUTION NO. 94 -091 WHEREAS, the Texas Department of Transportation has recently been contacted by the Federal Aviation Administration (FAA) regarding the implementation of the Global Positioning Satellite (GPS) system for air navigation; and, WHEREAS, the FAA is currently overlaying all existing non- precision approaches with GPS approaches and expects this process to be complete within a year; and, WHEREAS, Cox Field Airport, Paris, Texas, currently has a non - precision approach, and it would be in the best interest of the flying public that a GPS approach be placed at Cox Field Airport; and, WHEREAS, the form for requesting that the FAA prepare a stand -alone GPS approach for Cox Field Airport, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor, Don Shelton, should be authorized to execute the same; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the request to the Texas Department of Transportation in the form of Exhibit A, attached hereto, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and lie is hereby, authorized and directed to execute on behalf of the City of Paris the request in the form of Exhibit A, attached hereto. PASSED AND ADOPTED this 1801 day of July, 1994. Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, Cit Attorney 428 Texas Department of Transportation DIVISION OF AVIATION P.O. BOX 12607.410 EAST 5TH STREET • AUSTIN, TEXAS 78711.2607 • (512) 476 -9262 • FAX (512) 479 -0294 28 April 1994 Dear Airport Sponsor: Recently, the Federal Aviation Administration (FAA) contacted us regarding implementation of the Global Positioning Satellite (GPS) system for air navigation. The FAA is currently overlaying all existing non — precision approaches with GPS approaches and expects this process to be complete within a year. In addition, the FAA is designing stand —alone GPS approaches for those airports with no existing approach as long as they meet the necessary clearance criteria. Any sponsors wishing to receive a stand —alone GPS approach should submit a written request to the TxDOT Aviation Division as soon as possible or fill in the bottom of this letter and return it to us. This will then be forwarded to the FAA. If you have any questions or need additional information, please call Linda Howard of my staff. I rely, David S. Fulton Director By submittal of this form, the CITY /COUNTY of Pari sal amar County hereby requests that the FAA prepare a stand —alone GPS approach for the Cox Fh al d Airport. Signed: . Chief Elected Official Date: July 18, 1994 EXHI BIT A Resolution No. 93 -092, authorizing and directing the City Manager, Michael E. Malone to execute the 35 year lease with Lawrence C. Runke for property located at Cox Field, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. 429 RESOLUTION 94 -092 WHEREAS, the City Council of the City of Paris has received a request from Lawrence C. Runke to lease property at Cox Field, Paris, Texas, for the purpose of erecting a building in which to conduct an aeronautical activity; and, WHEREAS, it is deemed to be in the best interest of the Cox Field operation and the City of Paris that aeronautical activities for the flying public be encouraged; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Manager, Michael E. Malone, be, and lie is hereby, authorized and directed to execute the thirty -five (35) year lease with Lawrence C. Runke for property located at Cox Field, Paris, Texas, upon the terms and conditions and in the form attached hereto as Exhibit "A ". PASSED AND ADOPTED this 18th day of July, 1994. Don Shelton, Mayor ATTEST: Mattie Cunningham, City 6lerk APPR VED / FORM: �- K. Iaynes, Ci Attorney 430 LEASE AGREEMENT COUNTY OF LAMAR } } KNOW ALL MEN BY THESE PRESENTS: STATE Oh TEXAS } LEASE AGREEMENT BETWEEN THE CITY OF PARIS, a municipal corporation, acting by and through its City Manager, Michael E. Malone, duly authorized, hereinafter referred to as LESSOR, and LAWRENCE C. RUNKE, 480 31st Street S.E., Paris, Lamar County, Texas, hereinafter referred to as LESSEE, WITNESSE'rII For and in consideration of the payment of the sum of FII =TEEN THOUSAND AND NO/ 100 DOLLARS ($15,000.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $125.00 on or before August 1, 2019, with a like payment on or before the Ist day of each month thereafter during the remainder of the term hereof, said CITY OF PARIS does hereby lease, rent and let unto LAWRENCE C. RUNKE, that portion of Cox Field property described in Exhibit "A ", attached hereto and made a part hereof for all legal purposes. The term of this lease is for thirty -five (35) years, beginning on the 1st day of August, 1994, and ending on the 31st day of July, 2029. It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to renew such Lease for an additional period of ten (10) years, the rental for the renewal to be based on the fair market value at the time of renewal, being August 1, 2029. IN CONSIDERATION TIEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. That LESSEE pay to LESSOR, or order, at the City Hall in the City ol' Paris, the agreed rental in advance, promptly and without neglect, default and delay. 2. That this lease is subject to all the terms, provisions and conditions of the deed of conveyance of such premises from the United States of America to the City of Paris, recorded in Book 308, Page 287, Deed Records of Lamar County, Texas, to which reference is made for all purposes. 3. That LESSEE, his successors or assigns, agree that, in the event facilities are EXH131T A 431 constructed, maintained, or otherwise operated on the said property described in this lease for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 4. That LESSEE, his successors or assigns agree that (i) no person, on the grounds of race, color or national origin, shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (ii) that, in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person, on the grounds of race, color or national origin, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally - assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 5. That LESSEE shall comply with all conditions and requirements established in Department of Transportation, Federal Aviation Administration, Grant Agreements No. 8-48- 0169 -02 and No. 6 -48- 0169 -03. 6. That LESSEE will abide by and comply with all rules, regulations, ordinances and laws pertaining to the use of the airport located at Cox Field, including but not limited to the City of Paris Airport, Manual and Federal Aviation Administration rules and regulations pertaining to Cox Field, and in addition thereto will abide by and comply with all ordinances of the City of Paris and all laws of the State of Texas governing citizens and property within the City of Paris. 7. That LESSEE will use that portion of such premises in his possession for private hangar space, for aeronautical activities for which lie holds permit issued by the City of Paris P 43 in accordance with Article I1 of Chapter 6 of the Code of Ordinances of the City of Paris. Further, it is hereby agreed by and between LESSOR and LESSEE that LESSEE shall be permitted to sublease any or all portions of the premises described in Attached Exhibit "A" for private hangar space and for aeronautical activities for which sublessee holds a permit issued by the City of Paris in accordance with Article II of Chapter 6 of the Code of Ordinances of the City of Paris. 8. That, if in the course of using such premises for the permitted purposes, LESSEE desires to build, at his own expense, a hangar building or buildings and apron in pursuit of such uses, LESSEE will be so permitted upon application and approval for building permit or permits from the City of Paris, of all steel construction, similar in appearance and construction to the existing enclosed hangars and in accordance with the floor plan of 50' x 60', and such structure or structures will not violate any of the rules or regulations of the City of Paris, or the Federal Aviation Administration. It being agreed and understood that LESSEE shall be responsible for electric utilities furnished to the hangar building or buildings during the term of this lease. In the event of a termination of this lease by the City of Paris, as permitted herein during the first twenty -five (25) years of said lease, the City of Paris will be obligated to pay to LESSEE 1 /25th of the original cost of said hangar or hangars and apron multiplied by the number of years remaining in the first twenty -five (25) years of the lease which ends July 31, 2019. In the event that final termination of said lease occurs during the final ten (10) years of said lease, the City of Paris will not be obligated to pay to LESSEE any compensation for the remainder of the lease term. In the alternative, in lieu of payment for termination during the first twenty -five (25) years of the term of this lease, the City of Paris may agree to give LESSEE hangar space of equal quality, size and usefulness at no expense to LESSEE for the remainder of the first twenty - five (25) years of the term of this lease and in such event LESSEE is granted the right to lease such substitute space for ten (10) years for FIFTEEN THOUSAND AND NO/ 100 DOLLARS ($15,000.00) payable as aforesaid and an additional option term of ten (10) years at a rental rate to be based on fair market value as aforesaid. In the event that LESSOR terminates the lease, LESSOR will make available any other suitable hanger space at the termination of any existing lease to LESSEE at fair market value rent. 9. That LESSEE will take good care of the leased premises and be responsible and 3 433 make good to LESSOR all injuries and damages to the same caused by LESSEE or those under him and will deliver same to LESSOR at the expiration or termination of this lease in as good condition as when completed, usual wear and tear alone excepted; and LESSEE will, upon the expiration of this lease, peaceably yield up to LESSOR all and singular the premises and all future erections, additions or repairs to or upon same, in good repair, including but not limited to hangar buildings, storage buildings, permanent installation of equipment and fixture and fences. 10. That it shall be lawful for LESSOR's Airport Manager to enter upon and into the leased premises and every part thereof at all times for the purpose of inspecting and examining the condition thereof. 11. That LESSEE has the right to assign this lease or sublet any part of the leased premises, with such assignee having all rights, privileges and obligations contained in this lease. 12. That LESSEE agrees to indemnify, save, keep and hold harmless LESSOR from and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and character whatsoever for damage or injuries to persons and /or property occurring on the leased premises resulting from LESSEE's, his invitees', agents', servants' or employees' use, and LESSOR shall not be liable to LESSEE, his invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair; LESSEE hereby waives any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries, and LESSEE must at all times during the term of this Agreement, and any extensions thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of LESSEE, his invitees, agents, servants or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a 4 434 reputable insurance company or companies, with LESSOR as an additional insured, subject to approval by the City Attorney of the City of Paris, and LESSEE or his insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance. is in full force and effect at all times during this lease and any extension thereof and specifically noting thereon that LESSOR is an additional insured. All such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461 -9037. 13. LESSEE will not rent the premises or any part thereof for aircraft storage unless a permit under Article II, Chapter 6 of the Code of Ordinances of the City of Paris, has been issued to him for that specific purpose. 14. That LESSEE will not use or permit the use of said premises or any part thereof for any purpose which is determined dangerous or hazardous to the airport operation by Airport Manager. 15. Should LESSEE default in or fail or refuse to keep any of the covenants, conditions, stipulations and /or provisions herein contained, notice hereof shall be given in writing to LESSEE by LESSOR's Airport Manager, giving LESSEE thirty (30) days to correct such discrepancy, and in the event such default, failure or refusal is not corrected within said thirty (30) day period, a second notice, in writing by certified mail, affording a hearing before the Airport Advisory Board on a day certain, shall be given to LESSEE by LES90R's Airport Manager. After affording LESSEE such hearing, the Airport Advisory Board shall recommend to the City Council that the Lease continue or be terminated, and thereafter the City Council shall take such action as it deems necessary. 16. That the LESSOR, may at its option, terminate this lease as to the entire tract, or any part thereof, which may be necessary, in the event the LESSOR desires to use the property, or any portion thereof, for necessary municipal functions, such as extension of runways or erection of other airport facilities. In the event of either of the above contingencies, 5 the LESSOR shall give the LESSEE ninety (90) days notice, in writing, of its intention to so utilize the tract, or any portion thereof, for the above specified purposes. In the event of either of the above contingencies, the LESSOR shall have the option pursuant to Paragraph 8 of this lease to satisfy its obligation of compensation to LESSEE. 17. The terms of this lease are binding on and the benefits herein inure to the heirs, administrators and executors of LESSEE. EXECUTED ON the dates shown in acknowledgements below. CITY OF PARIS, LESSOR: BY: ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney MICHAEL E. MALONE City Manager LESSEE: LAWRENCE C. RUNKE STATE OF TEXAS } } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL E. MALONE, City Manager of the City of Paris, known to me to be the person whose .name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1994. Notary Public, State of Texas STATE OF TEXAS } } COUNTY OF LAMAR } 436 BEFORE ME, the undersigned authority, on this day personally appeared LAWRENCE C. RLINKE, known to me to be the person whose name is subscribed to the foregoing - instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of . 1994. Notary Public, State of Texas 7 37 John Gann Tr .Carr y /Run k e Tr. 1 \/V-,c- Corner o° O propo Sued •. p _ _ I'D //an qar to TZ 30 1130.3 h TAXI &AY 0 A TERMI VAC BU /L DING FIELD NOTES Q 1 x P I O je ti 1 ilo f to SCa /e 4 S7-A. 25f/2.6 ''O ^ v! d TAXIWAY I I TA X IWA y P� P�� STA.301- 0O 14 0 /R TN -5OU714 RUN WA Y �1 - O O h I Situated about 51 miles East of the City of Paris, Lamar County, Texas; being part of the William Scott Survey, Abstract 856; and being part of the Cox Field Airport facility property. BEGINNING at the Southeast corner of the herein described tract, being 1130.5 feet Westerly from the North -South Runway Station 25 + 12.6 as shown on F. A. A. Project No. 8 -48- 0169 -01 on file at the Paris City Engineer's Office, and at right angles to said North -South Runway; TFIENCE Westerly perpendicular to said runway a distance of 50.00 feet to the Southwest corner of said tract; THENCE Northerly parallel to said runway, at 40.0 feet set a I" iron rod at the Southwest corner of the proposed Hangar, continuing a total distance of 100.00 feet to a I" iron rod set at the Northwest corner of said tract and Hangar; T1Ha4C'E Easterly a distance of 50.00 feet to a I" iron rod set at the Northeast Corner of said tract and Hangar; ITU14C'E Southerly, at 60.0 feet set a I" iron rod at the Southeast corner of said proposed Hangar, continuing a total distance of 100.00 feet to the PLACE OF BEGINNING. This plat represents a:i on- the - ground survey made by me on April 5, 1994. 3 ", Z W, � �__ �. Elbert S. Nance Registered Professional Land Surveyor, No. 2622 NANO ENGINEERING AND SURVEYING COMPANY RR 6, BOX 407 'PARIS, TEXAS 75462 E or S TF Ft. AQ� . 90 ., EIBERT S. NANCE i <,9 ycF 2622 c sUR\JE EXHIBIT 438 439 A motion was made by Councilman Clifford, seconded by Councilwoman McDonald to recess the meeting until 6:00 P. M. The motion carried 7 ayes, 0 nays. Mayor Shelton reconvened the Council meeting at 6:00 P. M., and called for the tabulations of bids for the issuance of $5,500,000.0 City of Paris, Teas (Lamar County) Certificates of Obligation, Series 1994. Gene Anderson, Director of Finance, presented the following bids: Southwest Securities 5.8667534 PaineWebber, Inc. 5.8969 Kemper Securities 5.922425 Kidder Peabody & Co., Inc. 5.892937 Dean Witter Reynolds, Inc. 5.85113 First Southwest Company 5.994745 LaSal National Bank 5.8395 First Tenn. Bank National Assoc. 5.896384 Clayton Brown & Assoc. 5.92008 Nations Bank 5.821617 Mr. Anderson 'said that Nations Bank has the low bid and it compares very favorably with the last bond buyers index which was through the second week in July the rate showed there was 6.22, and the City of Texarkana this past week did a bond issue over three million, and their rate was 5.95, that would be a comparable rate. City Manager Malone called for review of bids by the City's Financial Advisor, Dan Almon. Mr. Anderson introduced Mr. Dan Almon who is the City's Financial Advisor who is employed by Southwest Securities, and also introduced Peter Tart, the City's Bond Council, employed by McCall Parkhurst & Horton. Mr. Almon came forward, telling the Council that these bid are very favorable, they are very competitive, the City got ten bids, this is a 440 great bond to bid in the market place. The City has all the things that bidders like, and that accounts for the competitiveness and low rates. You have a bond that is very well secured, you have a city that is very financially sound and secure, and run very business like, you have a underline A rating. Mr. Almon recommended the acceptance of the low bid of Nations Bank. Mr. Anderson read the interest rate by year as follows: 1995 - 2003 7.40% 2004 5.40% 2005 5.50% 2006 5.60% 2007 5.70% 2008 5.75% 2009 5.75% 2010 5.50% Mr. Anderson said when you combine all of the above you will get the effective interest rate of 5.821617 %. A motion was made by Councilman Clifford, seconded by Councilman Bell awarding the bid for the issuance of $5,500,000.00 City of Paris, Texas Certificates of Obligation, Series 1994 to Nations Bank with an effective interest rate of 5.821617 %. The motion carried 7 ayes, 0 nays. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford authorizing the preparation of an ordinance authorizing the issuance of $5,500,000.00 City of Paris, Texas Certificates of Obligation, Series 1994. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -033 AUTHORIZING THE ISSUANCE OF CITY OF PARIS, TEXAS CERTIFICATES OF OBLIGATION, SERIES 1994 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. There being no further business, th eeting adjourn d l/y DON SHELTON, MAY , CITY OF PARIS ATTEST: ►�� 0 �+ MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL July 20, 1994 The City Council of the City of Paris met in special session, Wednesday, July 20. 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Pro Tem, Eric Clifford, called the meeting to order with the following Councilmembers present: Charles Fulbright, Millie Ingram McDonald, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone announced that the first order cf business would be a Workshop session to discuss water and wastewater system improvements, federal and state mandates, water and wastewater rates, and sanitation and sanitation - related services charges, and the Council went in to the workshop for discussion. Mayor Pro Tem Clifford reconvened the Council meeting, and called for consideration of and action on a resolution recognizing that North Lamar Independent School District purchase from B. Hull Barbee, George Michael Barbee and Patrick Elbert Barbee is an acquisition of property by condemnation and as such Section 23.55 (f) of the Texas Property Code applies. Resolution No. 94 -093, resolving that the acquisition of said property by North La mar Independent School District is recognized as a condemnation acquisition, and as such Section 23.55(f) of the Texas Property Code applies with regard to any change in ownership for use of said property, and as such no additional taxes for prior years shall be assessed against said property as a result of such acquisition or the change of use of said property by North Lamar Independent School District, was presented. A motion was made by Councilman Fulbright, seconded by Councilwoman McDonald for approval of the resolution. The motion carried 4 ayes, 0 nays. RESOLUTION NO. 94 -093 WHEREAS, the City Council of the City of Paris has been presented a resolution - of the North Lamar Independent School District concerning the acquisition of certain lands in the Redding Russell Survey owned by B. Mull Barbee, George Michael Barbee and Patrick Elbert Barbee; and, WHEREAS, the City of Paris recognizes that the acquisition of said property is made in contemplation and settlement of a condemnation suit against said property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the acquisition of said property by North Lamar Independent School District is recognized as a condemnation acquisition, and as such Section 23.55(f) of the Texas Property Code applies with regard to any change in ownership for use of said property, and as such no additional taxes for prior years shall be assessed against said property as a result of such acquisition or the change of use of said property by North Lamar Independent School District. PASSED AND ADOPTED this 20th day of July, 1994. Eric S. Clifford, Ma or Pro Terri ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. K. I- Iaynes, crty Attorney There being no further business, the meeting adjourned. ERIC CLIFFORD, MAYOR PRO TEM ATTEST: MATTE CUNNINGHAM, CITY CL 442 .443 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL August 4, 1994 The City Council of the City of Paris met in regular session, Thursday, August 4, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Joe McCollum, Director of Community Development, presented the minutes of the Planning and Zoning Commission's meeting held, August 1, 1994, and attached hereto as part of these minutes as Exhibit A. Mayor Shelton declared the public hearing open to consider the petition of Eric Clifford for a change in zoning from an Agricultural District (A) to a One Family Dwelling District No. 2 (SF -2) on a 6.92 acre tract of land located on the south side of F.. M. Highway No. 195, approximately 1500 feet east of North Collegiate Drive. Councilman Clifford requested permission to be excused from the Council meetig due to conflict of interest in this matter. A motion was made by Councilman Bell, seconded by Councilman Jenkins to excuse Councilman Clifford. The motion carried 5 ayes, 0 nays, and Councilman Clifford departed the Council meeting. Mayor Shelton called for proponents to appear, and Eric Clifford, 3000 Woodhollow, appeared in behalf of his petition explaining that it was his intention to expand the Oak Creek Development northwest into property that is zoned Agricultural and Single Family zoning classification was needed. Mr. Clifford further requested that the zoning change be granted. Mayor Shelton called for opponents to appear, none appeared, and the public hearing was declared closed. Mayor-Shelton announced that the Council would considered Agenda Item No. 5 next. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from an Agricultural District (A) to a One Family Dwelling District No. 2 (SF -2) on a 6.92 acre tract of land located on the south side of F. M. Highway No. 195 approximately 1500 feet east of North Collegiate Drive. A motion was made by Councilman Brown, seconded by Councilman Bell authorizing preparation of an ordinance changing the zoning on a 6.92 acre tract of land located on the south side of F. M. Highway No. 195 approximately 1500 feet east of North Collegiate Drive to a One Family Dwelling District No. 2, to be presented at the next regular council meeting. The motion carried 5 ayes, 0 nays. Mayor Shelton declared the public hearing open pro rata extension from East Price Street to the west side of North Collegiate Drive. 444 to consider a water main East Cherry Street along Mayor Shelton called for proponents to appear, and Eric Clifford appeared telling the Council that he was in the process of building three duplexes on Collegiate Drive and proposed to bring water over to serve the duplexes by boring under the street. Mr. Clifford said the City owns the land adjacent to and directly south of the duplexes, and when he first started talking to the City ,Engineer about bring the water over, he pointed out that there was not water on the City's property, and was further advised by City Attorney Haynes that the City was in the process of getting these pieces of property ready to sell. Mr. Clifford said it makes no difference to him if it i,s done pro rata or boring under the street and bring two taps over, because it is the same cost either way, but would be happy to do pro rata with the; City. Mr. Clifford said if the Council will recall, he had secured a variance so that he could put- a two story duplex,on the property, and City ended up with the property when the Collegiate Extension was put through there. City Attorney Haynes advised it is an appropriate looping of the water system there, which we are making efforts to do else where in the City at total City cost, so it serves two purposes, it will provide good water for that side of the street, and it will tie our system together. Mayor Shelton called for opponents to appear, none appeared, and the public hearing was declared closed. Resolution No. 94 -094, resolving that the pro rata 8" water main extension from East Price Street to East Cherry Street along the west side of North Collegiate Drive, containing approximately 1,050 linear feet of P.V.C. water main line, be, and the same is hereby approved and shall be known as "Pro Rate 8" Water Line Extension 200 -300 Block North Collegiate - East Price Street to East Cherry Street Project, with the City of Paris acting as sponsor of said pro rata water main extension, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 445 1.ESOLU'i ION NO. 94-094 WffisREAS, th, City Council of the City of Paris did heretofore receive a request for additional water pressure and service requiring an 8" water main extension from Last Price Street to East Cherry Street along the west side of North Collegiate Drive; and, WIIEREAS, it is deemed necessary for protection of the health and welfare of the above described area for the City of Paris to extend the above described line and act in the capacity of sponsor under the terms of Section IX of Subdivision Ordinance No. 1315 of the City of Paris with any refunds due under the pro rata charges being paid to the City of Paris water and sewer fund; and, WHEREAS, upon receipt of the above described request, preliminary plans, specifications and estimate of the total cost of the project were prepared and delivered to the City Manager and considered at the regular Council Meeting on the l ith day of July, 1994, and a public hearing concerning the same was set for the 4th day of August, 1994, at which time such public hearing was held; and, WHEREAS, after hearing the matters presented at the public hearing the City Council is of the opinion that it is in the best interest of the citizens of Paris and particularly the citizens of Paris and particularly the citizens in the vicinity of the proposed project that the City of Paris act as sponsor for said project, which is necessary for the protection of health and welfare in this area; and, WHEREAS, such project should be known as the "Pro Rata 8" Water Line Extension 200 -300 Block North Collegiate - East Price Street to East Cherry Street Project" which has a total estimated cost of $33,055.51; and, WHEREAS, the front foot method would be equitable and is the method described oil Exhibit A attached hereto; NOW, THEREFOR. , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF I' ,.RIS, that the pro rata 8" water main extension from East Price Street to East Cherry Street along the west side of North Collegiate Drive, containing approximately 1,050 linear feet of P.V.C. water main line, be, and the same is hereby approved and shall be known as "Pro' Rata 8" Water Line Extension 200 -300 Block North Collegiate - East Price Street to East Cherry Street Project "; and, BE IT FURTHER RESOLVED, that the City of Paris act as sponsor of said pro rata water maid extension; and, BE IT FURTHER RESOLVED, that the front foot rule is the method described in Exhibit A attached hereto, less the cost of oversizing, is found to be equitable and is adopted as the method to be used for refunding the cost of the water and sewer main extension to the water and sewer fund of the City of Paris; and, BE IT FURTHER RESOLVED, that the City Manager, Michael E. Malone, be, and lie is hereby authorized and directed to proceed with said project and that a pro rata contract is waived with regard to this project, but upon completion of the project the actual costs of said project shall be fixed and the price per foot established in accordance with the plan described in Exhibit A attached hereto, which shall be used for the purpose of the charging of the pro rata charges to the property owners benefiting from the same and the amounts to be collected in the event of connection to the line so constructed and paid to the water and sewer fund of the City of Paris. 4 4 G PASSED AND ADOPTED this 4th day of August, 1994. Don Shelf n, M>`iyor, Mayor A'I"rEs'r: Mattie Cunningham, City Cle APPROVED AS TO FORM: T. K. 44nes, Cit ttorney 47 PRO -RATA 8" WATER MAIN EXTENSION 200 - 300 BLOCK NORTH COLLEGIATE - EAST PRICE TO EAST CHERRY Estimated Pro =Rata charge based on City Engineer's estimated project cost, including all appurtenances such as fire hydrants, valves, pavement repair etcetera. The estimated pro -rata charge does not include the cost of customer service tap which shall be an additional cost to each lot. Actual pro -rata charge could be less if construction costs are less than estimated. However, pro -rata charges, by ordinance, can not exceed that charge shown above. Charge Based on Front foot rule = $30.61 /Foot. A motion was made by Councilman Fulbright to bring Councilman Clifford back to the Council Meeting. The motion was seconded by Councilman Jenkins, and carried 5 ayes, 0 nays. Resolution No. 94 -095, authorizing and directing the Mayor of the City of Paris, Don Shelton, to execut=e the Plan Sheet for State Project CC 0045 -09 -062 (install highway tr- ,)ffic signals at U. S. 82 and Wal Mart. main entrance), was presented.. A motion was made by Councilman Clifford, seconded by Coun -ilman Fulbright' for approval of the resolution. The motion carried 6 ayes, 0 nays. Based on the front foot rule, the estimated cost for properties abutting the project are as follows: CITY BLOCK 257 -D Lot 6 Vicky Sikes 145.5' $ 4,453.76 Lot 11 Eric Clifford /Bill Davidson 53.97' $ 1,651.83 Lot 11 -A Eric Clifford /Bill Davidson 52.24' $ 1,598.88 Lot 11 -B Eric Clifford /Bill Davidson 50.69' $ 1,551;.44 City of Paris 777.6' $23,799.60 Estimated Pro =Rata charge based on City Engineer's estimated project cost, including all appurtenances such as fire hydrants, valves, pavement repair etcetera. The estimated pro -rata charge does not include the cost of customer service tap which shall be an additional cost to each lot. Actual pro -rata charge could be less if construction costs are less than estimated. However, pro -rata charges, by ordinance, can not exceed that charge shown above. Charge Based on Front foot rule = $30.61 /Foot. A motion was made by Councilman Fulbright to bring Councilman Clifford back to the Council Meeting. The motion was seconded by Councilman Jenkins, and carried 5 ayes, 0 nays. Resolution No. 94 -095, authorizing and directing the Mayor of the City of Paris, Don Shelton, to execut=e the Plan Sheet for State Project CC 0045 -09 -062 (install highway tr- ,)ffic signals at U. S. 82 and Wal Mart. main entrance), was presented.. A motion was made by Councilman Clifford, seconded by Coun -ilman Fulbright' for approval of the resolution. The motion carried 6 ayes, 0 nays. 443 RESOLUTION NO. 94-095 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -003, go on record as being in complete support of the placement of a traffic signal at the proposed east access driveway of the Super Wal Mart location, approximately 800 feet west of the intersection of 42nd Street N.E. and US 82 East; and, WHEREAS, said traffic signal would benefit the citizens of Paris and it would be appropriate for said project to be approved by the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby, authorized and directed on behalf of the City of Paris to execute the Plan Sheet for State Project CC 0045 -09 -062 (install highway traffic signals at U.S. 82 and Wal Mart main entrance). PASSED AND ADOPTED this 4th day of August, 1994. Don Shelton, Ma or AT'T'EST: =17A Fa 1CWKfflHMJJ � pill= APPROVED AS FORM: T. K. Hynes, Ci Attorney 449 City Manager Malone called for consideration of and action on approval of the Master.Plat of Stillhouse Estates. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the Master Plat of Stillhouse Estates subject to the requirements of the City Engineer. Earl Smith, City Engineer, came forward telling the Council that they had had further discussion, and he needed to clarify a couple of items. Mr. Smith said that Cheyenne Lane and Chisum Trail both will be collector streets, also the ten inch water main required by the Master Plan the City should pay the cost of the up sizing on it. What the City would pay is the cost different in materials between the 6" pipe to a 10" pipe. After further discussion, the motion carried 6 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Preliminary Plat of Stillhouse Estates Phase,I. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the Preliminary Plat of Stillhouse Estates Phase I. The motion carried 6 ayes. 0 nays. City Attorney Haynes presented the following petitions for rezoning: Jesse Hall , Lots 1 and 2, Block 2, Fitzhugh, Addition, from NS & GR District to Commercial District; Jim Bell, Agent, 815 S. Collegiate, Lot 18C, Block 249, from SF -2 District to Office District. Mayor Shelton referred the petition to the Planning and Zoning Commission for their study and recommendation at their meeting September 6th, 1994, and before the City Council September 12, 1994. City Manager Malone advised (that the City Council that the meeting for September 8th will be combined with the regular meeting on September 12, 1994. There being no further business, the mee g adjo rn DON SHE TON, MANOR, CITY OF PARIS ATTEST: MATTIE CUNNINGHAM, CIT CLERK MINUTES OF THE PLANNING AND ZONING COMMISSION AUGUST 1, 1994 The Planning and Zoning. Commission of the City of Paris, Texas met in regular session Monday, August 1, 1994 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. John Mark Davis 4. Marshall Kent,Jr. 2. Curtis Fendley 5. Joel McCray 3. Richard Hunt 6. Louis Yates, Jr. Also present were City Engineer Earl Smith and Director of Community Development, Joe McCollum. In the absence of the Chairman and Vice Chairman, Curtis Fendley served as Chairman and called the meeting to order. The minutes of July 5, 1994 were approved as presented on a motion by Mr. Kent, seconded by Mr. Davis. Chairman Fendley declared the public hearing open on the petition of Eric Clifford for a change in zoning from an Agricultural District (A) to a One Family Dwelling District No. 2 (SF -2) on a 6.92 acre tract of land located on the southside of F.M. Highway No. 195, approximately 1500 feet east of N. Collegiate Drive. Mr. Clifford explained that it was their intention to expand the Oak Creek Development northward into property that is zoned Agricultural and single family zoning classification was needed. No one was present to speak in.opposition to the zoning change and the public hearing was closed. A motion was made by Mr. Yates, seconded by Mr. Kent to recommend approval of the petition, The motion carried 6 ayes, 0 nays. The Master Plat of Stillhouse Estates was presented and the developers discussed the City Engineer's recommendation. Following discussion a motion was made by Mr. Davis, seconded by Mr. Yates to recommend approval subject to the requirements in City Engineer's Memorandum dated August 1, 1994, Marked Exhibit A and attached hereto. The motion carried 6 ayes, 0 nays. The Preliminary Plat of Stillhouse Estates, Phase I was recommended for approval on a motion by Mr. Kent, seconded by Mr. Hunt subject to the requirements in City Engineer's Memorandum dated August 1, 1994, Marked Exhibit B and attached hereto. The Motion carried 6 ayes, 0 nays. City Engineer Earl Smith introduced Bill Hayter, of Hayter Engineering, who presented information on a Texas Department of Transportation grant program known as the Intermodal Surface X50 2 Transportation Efficiency Act or ISTEA. He said one of the many uses of these grant funds is for Urban Runoff Mitigation or reduction of pollution in storm water runoff. He presented one site plan on private property in the vicinity of Plum Street and 19th N.W. which called for a retention basin to collect storm water, allow for a slower runoff and collect various pollutants for disposal. He said there were two other sites proposed, one on Walker Park property and one on Wade Park property. All would serve the same purpose, to help reduce flooding. He said the purpose of presenting the information to the Planning and Zoning Commission was to get their opinion of the program in a public forum setting. After hearing other information concerning the program, it was the consensus of the Commission that applications should go forward to seek 'grants on the three projects. There being no further business to consider, the meetings was adjourned. e N. McCollum Secretary, ex- officio 452 M E M O R A N D U M TO: Mayor and City Council Planning & Zoning.Commission - FROM: Earl E. Smith, P.E., City Engineer DATE: August 1, 1994 SUBJECT: Master Plat_- Stillhouse Estates - Phase I I have reviewed the master plat of property referenced above. It appears that the master plat complies with the City of Paris regulations with the following exceptions and /or additions: 1. Provide appropriate signatures and seals on original drawing. 2. Submit preliminary drainage plan. 3. Additional fire hydrants may be required to provide adequate coverage. 4. 10" water main along Loop 286 is required by Master Plan. 5. Cheyenne Lane should be a collector street. I recommend approval of the master plat assuming completion of the above items. Sincerely, i'g Smith, P.E. City Engineer _ EES:bd cc: Michael E. Malone, City Manager T.K. Haynes, City Attorney Hayter Engineering, Inc. Bobby Smallwood Glenn Townes exHl�ir �\ 453 M E M 0 R A N D U M TO: Mayor and City Council Planning & Zoning Commission FROM: Earl E. Smith, P.E., City Engineer DATE: August 1, 1994 SUBJECT: Preliminary Plat -- Stillhouse Estates - Phase I I have reviewed the preliminary plat of property referenced above. It appears that the plat complies with the City of Paris regulations with the following exceptions and /or additions: 1. Provide appropriate signatures and seals on original drawing. 2. Chisholm Trail will be considered a collector street. Subdivision Ordinance places different requirements on collector streets than residential streets. 3. Additional fire hydrant may be required to provide adequate fire protection. 4. Submit a drainage plan. 5. 10" water main along Loop 286 is required by Master Plan. I recommend approval of the preliminary plat assuming completion of the above items. Sincerely, Earl E. Smith, P.E. City Engineer EES:bd cc: Michael E. Malone, City Manager T.K. Haynes, City Attorney Hayter Engineering, Inc. Bobby Smallwood Glenn Townes �EYW E AT 9 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL August 8, 1994 — The City Council of the City of Paris met in regular session, Monday, August 8, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Pro Tem Clifford called the meeting to order with the following members present: Charles Fulbright, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Councilman Aaron Jenkins. Mayor Pro Tem Clifford announced that if there was anyone in the audience who has business to bring before the Council and is not listed on the agenda, to please let it be known in order for the information to be made available in compliance with the Open Meeting Law. Mayor Pro Tem Clifford asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced the next order of business would be receipt of reports from committees, boards, and commission with minutes from the Paris Public Library Advisory Board, Paris Economic Development Corporation Board, Paris /Lamar County Board of`Health, with no action be required. On the recommendation of the Traffic Commission, a motion was made by Councilman Fulbright, seconded by Councilman Brown authorizing the preparation of an ordinance revising Section 31 -65 (b) of the Code of Ordinances revising the Traffic- Control Map providing for stop signs on 30th Street N. E. at Fair Oaks. The motion carried 5 ayes, 0 nays. On the recommendation of the Traffic Commission, a motion was made by Councilman Brown, seconded by Councilman Fulbright authorizing the preparation of an ordinance establishing a new 25 m.p.h speed zone on 42nd Street N. E. from Lamar Avenue to Pine Mill Road. Debbie Huggins, 4155 Enchanted, appeared before the Council presenting a petition requesting that the City of Paris lower the speed limit on the N. E. end of 42nd street to 20 m.p.h. Ms. Huggins said it was in the best interest of all residents and especially the children that live on and around 42nd Street. Ms. Huggins also asked that a police officer be periodically dispatched to that area to enforce the new speed limit, and further requested the City to add the yellow "Slow Children Playing" signs that are put out by the State of Texas. Mayor Pro Tem Clifford directed Ms. Huggins to contract the City Manager and talk to him that he felt that would be taken care of. After further discussion, the motion carried 5 ayes, 0 nays. City Manager Malone called for consideration of a request by Charles Taylor dba Artistic Endeavors Tea Room, #7 Lamar Avenue in downtown 455 Paris on authorizing a franchise for use of sidewalk for a sidewalk cafe. City Manager Malone advised the Council they had been furnished a copy of a letter from Mr. Taylor requesting permission to operate a sidewalk cafe outside the Artistic Endeavors building. The booths are 3' x 10', and the sidewalk is 9' x 10'. City Manager said that the cafe would be opened during the day, but the primary business is targeted to the movie crowd between 6:00 P. M. and 11:00 P. M. City Attorney Haynes told the Council that the sidewalk cafe was already in operation, and we contacted Mr. Taylor and told him that he would need a franchise to continue to operate on the sidewalk. City Attorney Haynes said he has discussed the franchise fee with Mr. Taylor, and discussed it with persons that had information regarding what is going on downtown, and the consensus'of opinion is there is no average or square footage price that we can correlate between the size of the places being rented and the amount of rent they are paying, some of the smaller places are paying more for square foot than the larger places. City Attorney Haynes said the direction needed from the Council is if we in fact want to continue the past policy of encouraging downtown redevelopment in order to save, the tax base of existing buildings, and anything that can enhance downtown should be supported, if the Council continues to have that direction. City Attorney Haynes said that he was thinking about $50.00, a month for the area that we are talking about, which is approximately 17¢ a square foot. After discussion it was the consensus of the Council to start with $50.00 a month for the franchise fee, and if it is in excess, the Council may want to adjust it during the time of reading of the franchise ordinance, and if there are others who want to use the sidewalk, they should also have a franchise. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO CHARLES TAYLOR, DBA ARTISTIC ENDEAVORS TEA ROOM 7 LAMAR AVENUE, PARIS, TEXAS, TO USE A PORTION OF THE SIDEWALK, BEGINNING ON THE NORTH SIDE OF THE R. F. SCOTT BUILDING, 39 FEET EAST OF THE BACK OF THE CURB ON THE EAST SIDE OF NORTH MAIN STREET, AND PROCEEDING EAST A DISTANCE OF 79 FEET AND CONTINUING SOUTH A DISTANCE OF 4 FEET FROM THE BUILDING FOR THE PURPOSE OF PLACING BOOTHS FOR THE OPERATION OF A SIDEWALK CAFE; PROVIDING FOR PUBLIC LIABILITY INSURANCE ON THE PREMISES; PROVIDING FOR A TERM OF FIVE (5). YEARS; AND FIXING THE'RENTAL THEREFORE was presented on first reading. A motion was made by Councilman Fulbright, seconded by Councilman Brown approving the ordinance on first reading with a $50.00 a month franchise fee. The motion carried 5 ayes, 0 nays. Mayor Pro Tem Clifford asked to be excused from the council meeting due to conflict of interest regarding the next item on the agenda, and requested appointing a Councilmember as Temporary Chairman of the council meeting. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins excusing Mayor Pro Tem Clifford, and appointing 456 Councilman Brown as Temporary Chairman. The motion carried 4 ayes, 0 nays, and Mayor Pro Tem Clifford departed the council chambers. ORDINANCE NO. 94 034 — AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2) ON PART OF LOT 7, CITY BLOCK 319, ON PROPERTY BELONGING TO ERIC CLIFFORD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); AND DESIGNATING THE BOUNDARIES OF THE ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2) SO ESTABLISHED was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for adoption of the ordinance. The motion carried 4 ayes, 0 nays A motion was made by Councilman Bell to allow Mayor Pro Tem,Clifford to return to the council meeting. The motion was seconded by Councilman Fulbright, and carried 4 ayes, 0 nays. Mayor Pro Tem Clifford entered the council chambers and assumed his seat at the council table. City Manager Malone called for tabulation of bids for furnishing and delivery of 3,000 feet of 3 inch and 2,000 feet of 2 112 inch fire hose for the Fire Department, and the following bids were presented: Casco Industries $12,090.00 Riggs 1st Line Equipment Co. $11,660.00 City Manager Malone advised that it was the recommendation of the Fire Chief, Steve Burgin, to reject all bids because both bids were substantially over recent price checked and the budgeted amount of $8,200.00. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins to reject all bids for furnishing and delivery of 3,000 feet of 3 inch and 2,000 feet of 2 112 inch fire hose,for the Fire Department. The motion carried 5 ayes, 0 nays. City Manager Malone called for tabulation of bids for furnishing and delivery of fifteen (15) MSA Protective Breathing Apparatus of various models for the Fire Department, and the following bids were presented: Riggs 1st Line Equipment Casco Industries, Inc. $18,179.00 $19,289.00 Mine Safety Appliances $21,158.41 457 City Manager Malone advised that four of the units are to be assigned to EMS which is budgeted $7,200.00. Five units and the 60 minute cylinders are to be assigned to the Fire Department, budgeted at $10,000.00. The total budgeted amount for the equipment is $17,200.00 which is $979.00 over -ride between the two departments, and it was the — recommendation of the Fire Chief to accept the bid from Riggs 1st Line Equipment. A motion was made by Councilman Bell, seconded by Councilman Fulbri g ht to accept the recommendation of the Fire Chief to accept the bid of Riggs 1st Line Equipment in the amount of $18,179.00. The motion carried 5 ayes, 0 nays. Resolution No. 94 -096, establishing and developing a Waste Automotive Oil Collection Center for the City of Paris, City of Paris will accept ownership and title in one used oil collection container, and will make necessary site improvements and any other necessary appurtenance needed to establish a Do -It- Yourself Waste Automotive Collection Center in the City, the Center will be register with the TNRCC as a public collection center using TNRCC Account Number 460U29 that the City of Paris agrees to maintain said Center in accordance with the Best Management Practices and to provide all reporting documentation and dates as may be required by the TNRCC, was presented. A by Councilman Bell, seconded by Councilman Jenkins for motion oa l made of the resolution. The motion carried 5 ayes, 0 nays. RESOLUTION NO. 94 -096 WHEREAS, the City Council of the City of Paris, Paris, 'Texas, realizes that, by state law, waste oils can no longer legally be disposed of in landfills in the State of Texas; and, WHEREAS, the City Council understands that many city residents and county residents residing within the City's service area routinely self - change the automotive oils in their personal vehicles and currently have no convenient and acceptable means by which to properly dispose -- of the waste automotive oils which they generate; and, WHEREAS, funds are now available from the Texas Natural Resource Conservation Commission, the TNRCC, through a pass - through program being sponsored by the ARK -TEX Council of Governments, to establish and develop a local waste automotive oil collection program which will provide area do- it- yourselfers with a safe and responsible method by which to properly manage and dispose of the waste automotive oils which they generate; and, WHEREAS, it would be in the best interest of the citizens of the City of Paris that a Do- It- Yourself Waste Automotive Oil Collection Center be established to serve area do -it- yourselfers; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: That the City Manager of the City of Paris, Michael E. Malone, be, and lie is hereby, authorized and directed to represent the City of Paris in all matters pertaining to the establishment and development of a Waste Automotive Oil Collection Center for the City of Paris. 2. That the City of Paris will accept ownership and title in one (l) used oil collection container, here described as a Fibrex, Profile 465, and will make necessary site iin prove ments and any other necessary appurtenances needed to establish a Do -It- Yourself Waste Automotive Collection Center in the City. 3. That the Center will be registered with the TNRCC as a public collection center, using TNRCC Account Number 460U2, and that the Center will be operated following Best Management Practices guidelines ascribed by the TNRCC under TAC 330.1170 - 330.1174 (VACS). 4. That the City of Paris agrees to maintain said Center in accordance with the Best Management Practices and to provide all reporting documentation and dates as may be required by the TNRCC. 5. That the City of Paris will make said Center available and accessible to do- it- yourselfers residing within the area who will adhere to the established policies and operation criteria of the City of Paris Do- It- Yourself Waste Automotive Oil Collection Center. PASSED AND ADOPTED this 8th day of August, 1994. Eric S. Clifford, Mayor Pro em ATTEST: Mattie Cunningham, City Clerk APPROVED, S TO FORM: T. K. llaynes, ity Attorney Resolution No. 94 -097, amending Resolution No. 94 -075 approving the plans and specifications for the "Water Treatment Plant Expansion 92WSRB03 -92 ", and that such construction project be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 1st ,Street S. E., Paris, Texas until 3:00 P. M. on Tuesday, August 23, 1994, at which time said bids will be opened in the City Council Chambers, City Hall, 135 1st Street S. E., Paris, Lamar County, Texas, and bids will be tabulated.and presented to the City Council on the 12th day of September 1994, was presented. A -- motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 460 RESOLUTION NO. 94 -097 WHEREAS, the City Council of the City of Paris slid, heretofore, on the 13th day of June, 1994, pass Resolution No. 94 -075, which said Resolution was incorrect and requires correction; PtiONV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE (ATY OF PARIS, that Resolution No. 94 -075, be, and the same is hereby, amended to read as follows: "WHEREAS, the City Council of the City of Paris did, heretofore, authorize the preparation of plans and specifications for a project of construction for the Water Treatment Plant Expansion; and, WHEREAS, such plans and specifications have been prepared by Bucher, Willis & Ratliff, with the title being given thereto of "WATER TREATMENT PLANT EXPANSION 92WSRB03 -92" Project, which plans and specifications are recommended for approval by the City Engineer of the City of Paris; and, WHEREAS, such plans and specifications should be approved and such project should be authorized for advertisement for bids; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the plans and specifications for the "WATER TREATMENT PLANT EXPANSION 92WSRB03 -92" Project be, and the same are hereby, approved; and, BE IT FURTHER RESOLVED, that such construction project be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 Ist Street S.E., Paris, Texas 75460, until 3:00 o'clock P.M. on Tuesday, August 23, 1994, at which time said bids will be opened in the City Council Chamber, City Hall, 135 1st Street S.E., Paris, Lamar County, Texas, and bids will be tabulated an<' presented to the City Council on the 12th day of September, 1994, for the purpose of letting ich bid." PASSED AND ADOPTED this 8th day of August, 1994. Eric S. Clifford, ,-11fiyor Pro Tem ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. K. Haynes, y Attorney Resolution No. 94 -098, rescheduled the regular Thursday meeting scheduled for September 8, 1994 for Monday September 12, 1994, at 6:00 P. M. and resolving that a copy of this Resolution be place on the City Hall Bulletin Board giving notice of the rescheduling of the regular Thursday September Council meeting, and that the news media be informed of the rescheduling date, was presented. A motion was made by Councilman Brown, seconded by Councilman Fulbright for approval of the resolution. The motion carried 5 ayes, 0 nays. RESOLUTION NO. 94-098 YN'IIEREAS, the City NCuiager and the City Attorney will be attei,ding the 'Texas Industrial Development Commission, Inc. Annual Conference in San Antonio, Texas, to be held September 6 -9, 1994; and, WHEREAS, it would be appropriate for tl:v Regular Thursday Council meetinb which would be normally scheduled for the first Thu,•sday in September, being Septemt er 8, 1994, to be consolidated with the regular Monday meeting which is scheduled for September 12, 1994; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF PARIS, that the regular Thursday meeting scheduled for September, 1994, be, and the same is hereby, rescheduled for Monday, September 12, 1994, at 6:00 o'clock P.M.; and BE IT FURTHER RESOLVED, that a copy of this Resolution be placed on the City Hall Bulletin Board giving notice of the rescheduling of the regular Thursday September Council meeting, and that the news media be informed of the rescheduled date in the same manner they are informed of emergency City Council meetings. PASSED AND ADOPTED this 8th day of August, 1994. a—d Eric S. Clifford, Mayor Pro T e ATTEST: Mattie Cunningham, City Clerk APPROVED TO FORM: T. K. Haynes, ty Attorney Resolution No. 94 -099, resolving that an application be made to the Texas Department of Transportation for a Statewide Transportation Enhancement Program grant for Walker Park Surface Water Runoff Pollution and Flood Mitigation Project in the amount of $220,800.00, being approximately 80% of the estimated cost of the transportation enhancement project, with the City of Paris providing $55,200.00 in kind services and funds, was presented. A motion was made by Councilman Brown, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. RESOLUTION NO. 94 -099 WHEREAS, the Texas Department of Transportation provides funding for Statewide Transportation Enhancement Program grants; and, WHEREAS, the City Council of the City 'of Paris is desirous of processing an application for the Statewide Transportation Enhancement Program grant for the WALKER PARK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT at a total cost of $276,000.00, with $220,800.00 to be provided by grant and $55,200.00 to be provided by the City of Paris in the form of local funds and in kind services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Department of Transportation for a Statewide Transportation Enhancement Program grant for the WALKER PARK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT in the amount of $220,800.00, being approximately 80% of the estimated cost. of the transportation enhancement project, with the City of Paris providing $55,200.00 in kind services and funds. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Earl Smith, City Engineer, be, and he is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and lie is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for the WALKER PARK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT. PASSED AND ADOPTED this 8th day of August, 1994. Eric S. • • • ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, Cit Attorney 4G2 463 Putting New Faces on Familiar Places Project Nomination Form Second call for project nominations Published in the Texas Register May 17, 1994 Nomination period: May 18 -Aug. 16, 1994 Texas Department of Transportation Statewide Transportation Enhancement Program F,XHIB IT, A PROJECT NOMINATION FORM STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM provided for by the Intermodal Surface Transportation Efficiency Act of 1991 Project Evaluation and Selection will be determined by the information submitted in this nomination form or required attachments. Supplementary information is optional and may delay processing. PART I. GENERAL INFORMATION, PROJECT NAME: DATE: 1. CONTACT PERSON (name /title): A. SPONSOR: B. AFFILIATION: C.ADDRESS: D. CITY: E. STATE: F. ZIP CODE: H. DAYTIME TELEPHONE: I. FAX NO.: (person TxDOT may contact for further information) 2. TEST OF PROJECT ELIGIBILITY. The proposed project must have a direct relationship of Function, Proximity, or Impact to the lntermodal Transportation System. Please check the appropriate box(es) below that show(s) the candidate project's relationship to transportation system. ❑ A. Function ❑ B. Proximity ❑ C. Impact An original and eight copies of the completed nomination package must be submitted to TxDOT by 5:00 p.m., Tuesday, August 16, 1994. A list of local TxDOT district offices and their addresses is included at the end of the nomination form. For further information or assistance in completing this nomination package, please contact your local TxDOT district enhancement coordinator. 465 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 2 Form 3. ELIGIBLE CATEGORIES OF THE CANDIDATE PROJECT. Check only the categories in which the project has legitimate activities. It is not necessary to check every box. ❑ 1. Facilities for Pedestrians and Bicycles ❑ 2. Acquisition of Scenic Easements and Scenic or Historic Sites ❑ 3. Scenic or Historic Highway Programs ❑ 4. Landscaping or Other Beautification ❑ 5. Historic Preservation ❑ 6. Rehabilitation and Operation of Historic Transportation Facilities ❑ 7. Preservation of Abandoned Railway Corridors ❑ 8. Control and Removal of Outdoor Advertising ❑ 9. Archaeological Planning and Research ❑ 10. Mitigation of Water Pollution due to Highway Runoff 4. TYPE OF NOMINATING ENTITY. Please check the appropriate categories. ❑ A. County ❑ B. City ❑ C. Metropolitan Planning Organization (MPO) ❑ D. An Agency of the State ❑ E. Council of Governments ❑ F. Local Transit Operator ❑ G. State Agency 466 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination — page 3 Form 5. NOMINATING ENTITY. A. NAME: B. ADDRESS: C. CITY: D. ZIP CODE: E. CONTACT PERSON: F. TELEPHONE: G. FAX NO.: 6. PROJECT LOCATION. A. CITY /COUNTY: B. TxDOT DISTRICT(S): C. ROUTE NUMBER /STREET NAME /FACILITY NAME: D. PROJECT LIMITS: From To E. PROJECT LENGTH: 7. ESTIMATION OF FUNDS REQUIRED. Following selection by the Texas Transportation Commission and approval by FHWA, all projects will be funded on a cost - reimbursable basis. Costs incurred before this time are not allowable. Be as accurate as possible. An inaccurate estimate may result in an unexpected increase in the amount of funding required for the local match. Estimated total project cost must Include 10% for project administration, design, engineering, and contingencies. Year Funds Required Local Match Total Project Cost S $ $ STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 4 Form PART II. PROJECT SPECIFIC INFORMATION A. PROJECT DESCRIPTION. On a separate sheet, provide a clear and concise description of the proposed project, including all work to be performed, right -of -way, easements required, or other property interests, special land uses planned, and any relationship between the project and any other work. The description should consist of one 812n x 11 " sheet with a of a maximum of one page of single- spaced text. This sheet must be labeled, "ATTACHMENT 1. PROJECT DESCRIPTION." B. PROJECT IMPLEMENTATION PLAN. On a separate 812" x 11" sheet, include a one -page, single- spaced schedule of project activities and an itemized budget, indicating any circumstances likely to affect commencement of work or time required to complete project. Project budget should include all proposed local financing. Give as much detail as possible as to the cost of each proposed activity. The project budget must include 10% for administration, design, engineering, and contingencies. This sheet should be labeled, "ATTACHMENT 2. SCHEDULE AND BUDGET." . This Information should be accompanied by documentary evidence of a commitment to provide for a local match. The documentary evidence should be in the form of an official action by a duly constituted governing body. The document from this body may consist of a one- page-letter in the form of a resolution, a minute order, or commissioner's court order that provides for a commitment of local match of funding. The letter should include a recommendation that the candidate project be considered for enhancement funding. The nominating entity may provide this certification if it is a public authority. Where appropriate, the letter should show the consistency of the project with long -range transportation plans for the area. This letter should be labeled, "ATTACHMENT 3. CERTIFICATION OF FUNDING COMMITMENT." For projects within an MPO, provide a letter from the MPO stating that the project will be included in the local Transportation Improvement Plan (TIP), if approved for funding. This letter should be labeled, "ATTACHMENT 4. INTENT FOR TIP PLACEMENT." C. PROJECT LOCATION INFORMATION. Attach a map delineating the project location. Indicate project limits, areas of major work and all existing and proposed transportation facilities and rights -of -way. As appropriate, include original photographs of the existing project site, a site plan of proposed construction, and illustrations of proposed work. Photographs may be used to indicate proximity from a roadway of sufficient classification. Documentation of the project location should not exceed six 812" x 11" pages. The map and any accompanying documentation should be labeled, "ATTACHMENT 5. PROJECT LOCATION INFORMATION." D. LAND ACQUISITION INFORMATION. If land will be acquired or other property interests are Involved, describe on a separate 812" x 11" sheet how It will be acquired, including cost estimates and funding arrangements. The land acquisition Information should not exceed one page of single - spaced text. This sheet should be labeled, "ATTACHMENT 6. LAND ACQUISITION INFORMATION." STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 5 Form E. CONSTRUCTION INFORMATION. If construction will be required, briefly discuss below how it will be accomplished. Include cost estimates. F. FACILITY OPERATION AND MAINTENANCE PLAN. Routine operations and maintenance costs are not allowable enhancement costs. if a facility is being proposed, discuss below how it will be operated and maintained. The plan will identify all parties responsible for operation and maintenance. Estimate the annual cost to maintain said facility, describe the source of those funds, identify expected annual gross income from the facility, if any, and describe the intended use of that income. 460 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 6 Form PART III. PROJECT BENEFITS, IMPACTS, AND PUBLIC SUPPORT. A. PROJECT USE AND BENEFITS. Describe below the benefits of the proposed project. Description should include expected use of any facilities involved and should compare current use with expected use and projected demand for use of the those facilities. B. COMMUNITY INVOLVEMENT. Provide evidence below of community involvement, support and public participation. Include a description of any opportunities for public participation in the process of selecting candidate projects. Include resolution(s) or other official document(s) from the governing body of each city and county with jurisdiction over any area in which activities associated with the project would take place. Label the resolution(s) ATTACHMENT 7. 470 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Pave 7 Form D. POSSIBLE PROJECT IMPACTS. Indicate possible impacts of the proposed enhancement project on the resource categories listed below. GENERAL Following is a checklist of environmental factors. For each of the listed factors, answer the question of whether your proposed project would have been a Beneficial (BI effect, a Neutral (NJ effect, or an Adverse (Al effect. For example, would your project create any significant Land -Use Change, or is it Consistent with Local Plans? Would it have any beneficial or adverse Economic Impacts? , Many transportation enhancement projects will have minor, if any, impacts on these listed factors. However, it is important that each factor is considered and your response is indicated in the appropriate box. Note: Check only one box for each line. Do not skip any lines. Key to Impacts: B= beneficial,• N = Neutral, • A = adverse; nhs =not applicable. Resource Factors Section 4(f) Properties (publicly -owned parks, recreation areas, FACTORS Type of Impact B N A n/a — Socio- Economic Factors Land -use Change /Consistency with Local Plans ❑ ❑ ❑ ❑ Economic Impacts ❑ ❑ ❑ ❑ Impacts on Neighborhoods /Community Cohesion ❑ ❑ ❑ ❑ Relocation of Residences /Businesses ❑ ❑ ❑ ❑ Impacts on Churches /Schools ❑ ❑ Recreation Areas ❑ ❑ ❑ ❑ ❑ ❑ Title VI Impacts (i.e., impacts to ethnic, minority, elderly, ❑ ❑ Aquatic Preserves (wildlife and waterfowl refuges) ❑ disabled, or other groups) ❑ ❑ ❑ ❑ Potential for Controversy Yes ❑ No Resource Factors Section 4(f) Properties (publicly -owned parks, recreation areas, wildlife and waterfowl refuges, and all historical sites (in public or private ownership) included on or eligible for the National Register of Historic Places) ❑ ❑ ❑ ❑ Historic Sites and Districts_. ❑ ❑ ❑ ❑ Archaeological Resources ❑ ❑ ❑ ❑ Recreation Areas ❑ ❑ ❑ ❑ Wetlands ❑ ❑ ❑ ❑ Aquatic Preserves (wildlife and waterfowl refuges) ❑ ❑ ❑ ❑ Stream Modification ❑ ❑ ❑ ❑ [Continued on next pegs] STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 8 Form D. POSSIBLE PROJECT IMPACTS. Indicate possible impacts of the pro- posed enhancement project on the resource categories listed below. Type of Impact B N A n/a Resource Factors, Wild and Scenic Rivers continued ❑ Yes Floodplains Yes Threatened and Endangered Species ❑ Farmland Conversion ❑ Agricultural Operations ❑ Hazardous Materials/Wastes ❑ Energy -Use Impacts ❑ Construction Impacts ❑ Tree Removal Physical Environment Water Quality ❑ Noise Attainment of Air Quality Standards Other Factor Visual Impacts Impacts on Utilities and Railroads ' Pedestrian /Bicyclist Considerations ❑ Detours; Temporary Closures of Roads /Ramps ❑ Changes in Access Control PERMITS & CLEARANCES Navigational Permits (Section 10) Section 404 Permits Section 106 Clearance Texas Antiquities Permits NPDES ❑ ❑ ❑ ❑ Yes No Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Yes No Yes No Yes No Yes No Yes No Yes No Yes No STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 9 Form BOTH SIGNATURE BLOCKS MUST BE COMPLETED BEFORE THE PROJECT NOMINATION CAN BE CONSIDERED FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM. The sponsoring entity indicated below hereby recommends that this project be selected for funding through the Statewide Transportation Enhancement Program and attests a commitment to the project's development, implementation, construction, maintenance, management, and financing. SIGNATURE OF SPONSOR'S AUTHORIZED REPRESENTATIVE: Michael E. Malone, City Manager Name/Title Signature P. 0. Box 9037 Date August 8, 1994 Address Paris, T City /State/Zip Code The nominating entity indicated below hereby agrees to provide `TxDOT with a prioritized ranking of all enhancement projects submitted for nomination by that entity. Projects will be listed by name and in the priority order determined by the nominating entity. The ranking list indicating project priorities must be received by the TxDOT office no later than 90 days after publication of the call for candidate project nominations in the Texas Register. SIGNATURE OF NOMINATING ENTITY'S AUTHORIZED REPRESENTATIVE: Name/Title Signature Nominating Entity Date Address City /State/Zip Code 4 7 � 4/3 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 10 Form NOMINA TION FORM CHECKLIST 1. Read the TxDOT booklet, Putting New Faces on Familiar Places, for general information. 2. According to the booklet, determine which of the three tests for eligibility the proposed project addresses; function, proximity, or impact. 3. Determine which of the 10 categories of enhancements the proposed project addresses. 4. Determine who will act as the candidate project's sponsor. 5. Determine who will act as the nominating entity. Obtain a commitment from the nominating entity to nominate the candidate project. Identify a contact person who will act as the representative for the nominating entity. 6. Identify source of local match (funding source) and determine appropriate public authority funding commitment. 7. Identify local TxDOT office. 8. Obtain a copy of the nomination form and instruction booklet from TxDOT. Review instructions and TxDOT Guide (see Item 1). 5. Complete the nomination form. Do not skip any parts without an explanation on the appropriate page. Your local TxDOT district office may be able to offer assistance if questions arise. 6. Obtain the necessary attachments required by the nomination form. These are listed in the nomination form as ATTACHMENTS 1 through 6. 7. Review nomination materials for completeness. Make a copy for your records. 8. Send completed nomination form to the local TxDOT district office. It is recommended that the form be sent by registered mail. 9. The nominating entity must supply the TxDOT district office a list showing the prioritized ranking for all candidate projects nominated within 90 calendar days of the call for projects in the Texas Register. Resolution No. 94 -100, resolving that an application be made to the Texas Department of Transportation for a Statewide Transportation Enhancement Program grant for Wade Park Surface Water Runoff Pollution and Flood Mitigation Project in the amount of $220,800.00, being approximately 80% of the estimated cost of the transportation enhancement project, with the City of Paris providing $55,200.00 in kind services and funds, was presented. A motion was made by Councilman Brown, seconded by Councilman Fulbright for approval of the resolution. The motion carried 5 ayes, 0 nays. 474 RESOLUTION NO. 94 -100 WHEREAS, the Texas Department of Transportation provides funding for Statewide Transportation Enhancement Program grants; and, WHEREAS, the City Council of the City of Paris is desirous of processing an application for the Statewide Transportation Enhancement Program grant for the WADE PARK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT at a total cost of $276,000.00, with $220,800.00 to be provided by grant and $55,200.00 to be provided by the City of Paris in the for►n of local funds and in kind services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Department of Transportation for a Statewide Transportation Enhancement Program grant for the WADE PARK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT in the amount of $220,800.00, being approximately 80% of the estimated cost. of the transportation .enhancement project, with the City of Paris providing $55,200.00 in kind services and funds. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Earl Smith, City Engineer, be, and he is hereby, appointed as Project . Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for the WADE PARK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT. PASSED AND ADOPTED this 8th day of August, 1994. Eric S. Clifford, Mayor Pro Tem ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney 475 Putting New Faces on Familiar Places Project Nomination Form Second call for project nominations Published in the Texas Register May 17, 1994 Nomination period: May 18 -Aug. 16, 1994 Texas Department of Transportation Statewide Transportation Enhancement Program E.XHIBIT,A 476 PROJECT NOMINATION FORM STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM provided for by the Intermodal Surface Transportation Efficiency Act of 1991 Project Evaluation and Selection will be determined by the information submitted in this nomination form or required attachments. Supplementary information is optional and may delay processing. PART I. GENERAL INFORMATION. PROJECT NAME: 1. CONTACT PERSON (name /title): A. SPONSOR: B. AFFILIATION: — C.ADDRESS: D. CITY: DATE: E. STATE: F. ZIP CODE: H. DAYTIME TELEPHONE: I. FAX NO.: (person TxDOT may contact for further information) 2. TEST OF PROJECT ELIGIBILITY. The proposed project must have a direct relationship of Function, Proximity, or Impact to the Intermodal Transportation System. Please check the appropriate box(es) below that show(s) the candidate project's relationship to transportation system. ❑ A. Function ❑ B. Proximity ❑ C. Impact An original and eight copies of the completed nomination package must be submitted to TxDOT by 5:00 p.m., Tuesday, August 16, 1994. A list of local TxDOT district offices and their addresses is included at the end of the nomination form. For further information or assistance in completing this nomination package, please contact your local TxDOT district enhancement coordinator. . 1 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 2 Form 3. ELIGIBLE CATEGORIES OF THE CANDIDATE PROJECT. Check only the categories in which the project has legitimate activities. It is not necessary to check every box. ❑ 1. Facilities for Pedestrians and Bicycles ❑ 2. Acquisition of Scenic Easements and Scenic or Historic Sites ❑ 3. Scenic or Historic Highway Programs k ❑ 4. Landscaping or Other Beautification ❑ 5. Historic Preservation ❑ 6. Rehabilitation and Operation of Historic Transportation Facilities ❑ 7. Preservation of Abandoned Railway Corridors ❑ 8. Control and. Removal of Outdoor Advertising ❑ 9. Archaeological Planning and Research ❑ 10. Mitigation of Water Pollution due to Highway Runoff 4. TYPE OF NOMINATING ENTITY. , Please check the appropriate categories. ❑ A. County ❑ B. City ❑ C. Metropolitan Planning Orgariiiation (MPO) ❑ D. An Agency of the State ❑ E. Council of Governments ❑ F. Local Transit Operator ❑ G. State Agency A78 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 3 Form 5. NOMINATING ENTITY. A. NAME: B. ADDRESS: C. CITY: D. ZIP CODE: E. CONTACT PERSON: F. TELEPHONE: G. FAX NO.: 6. PROJECT LOCATION. A. CITY /COUNTY: B. TxDOT DISTRICT(S): C. ROUTE NUMBER /STREET NAME /FACILITY NAME: D. PROJECT LIMITS: From To E. PROJECT LENGTH: 7. ESTIMATION OF FUNDS REQUIRED. Following selection by the Texas Transportation Commission and approval by FHWA, all projects will be funded on a cost - reimbursable basis. Costs Incurred before this time are not allowable. Be as-accurate as possible. An inaccurate estimate may result In an unexpected increase in the amount of funding required for the local match. Estimated total project cost must include 10% for project administration, design, engineering, and contingencies. Year Funds Required Local Match Total Project Cost S S S 479 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 4 Form PART 11. PROJECT SPECIFIC INFORMATION A. PROJECT DESCRIPTION. On a separate sheet, provide a clear and concise description of the proposed project, including all work to be performed, right -of -way, easements required, or other property interests, special land uses planned, and any relationship between the project and any other work. The description should consist of one 812" x 11" sheet with a of a maximum of one page of single- spaced text. This sheet must be labeled, "ATTACHMENT 1. PROJECT DESCRIPTION." B. PROJECT IMPLEMENTATION PLAN. On a separate 812" x 11" sheet, include a one -page, single- spaced schedule of project activities and an itemized budget, indicating any circumstances likely to affect commencement of work or time required to complete project. Project budget should include all proposed local financing. Give as much detail as possible as to the cost of each proposed activity. The project budget must include 10% for administration, design, engineering, and contingencies. This sheet should be labeled, "ATTACHMENT 2. SCHEDULE AND BUDGET." This information should be accompanied by documentary evidence of a commitment to provide for a local match. The documentary evidence should be in the form of an official action by a duly constituted governing body. The document from this body may consist of a one -page letter in the form of a resolution, a minute order, or commissioner's court order that provides for a commitment! of local match of funding. The letter should include a recommendation that the candidate project be considered for enhancement funding. The nominating entity may provide this certification if it is a public authority. Where appropriate, the letter should show the consistency of the project with long -range transportation plans for the area. This letter should be labeled, "ATTACHMENT 3. CERTIFICATION OF FUNDING COMMITMENT." For projects within an MPO, provide a letter from the MPO stating that the project will be included in the local Transportation Improvement Plan (TIP), if approved for funding. This letter should be labeled, "ATTACHMENT 4. INTENT FOR TIP PLACEMENT." C. PROJECT LOCATION INFORMATION. Attach a map delineating the project location. Indicate project limits, areas of major work and all existing and proposed transportation facilities and rights -of -way. As appropriate, include original photographs of the existing project site, a site plan of proposed construction and illustrations of proposed work. Photographs may be used to indicate proximity from a roadway of sufficient classification. Documentation of the project location should not exceed six 812" x 11" pages. The map and any accompanying documentation should be labeled, "ATTACHMENT 5. PROJECT LOCATION INFORMATION." D. LAND ACQUISITION INFORMATION. If land will be acquired or other property Interests are involved, describe on a separate 812" x 11" sheet how It will be acquired, including cost estimates and funding arrangements. The land acquisition information should not exceed one page of single - spaced text. This sheet should be labeled, "ATTACHMENT 6. LAND ACQUISITION INFORMATION." 480 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 5 Form E. CONSTRUCTION INFORMATION. If construction will be required, briefly discuss below how it will be accomplished. Include cost estimates. F. FACILITY OPERATION AND MAINTENANCE PLAN. Routine operations and maintenance costs are not allowable enhancement costs. If a facility is being proposed, discuss below how it will be operated and maintained. The plan will identify all parties responsible for operation and maintenance. Estimate the annual cost to maintain said facility, describe the source of those funds, identify expected annual gross income from the facility, If any, and describe the intended use of that income. 4S1 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 6 Form PART III. PROJECT BENEFITS, IMPACTS, AND PUBLIC SUPPORT. A. PROJECT USE AND BENEFITS. Describe below the benefits of the proposed project. Description should include expected use of any facilities involved and should compare current use with expected use and projected demand for use of the those facilities. B. COMMUNITY INVOLVEMENT. Provide evidence below of community involvement, support and public participation. Include a description of any opportunities for public participation in the process of selecting candidate projects. Include resolution(s) or other official document(s) from the governing body of each city and county with jurisdiction over any area in which activities associated with the project would take place. Label the resolution(s) ATTACHMENT 7. 482 STATEWIDE TRANSPORTATION ENHANCEMENT. PROGRAM Nomination Page 7 Form D. POSSIBLE PROJECT IMPACTS. Indicate possible impacts of the proposed enhancement project on the resourcV categories li'sted below. GENERAL Following is a checklist of environmental factors. For each of the listed factors, answer the question of whether your proposed project would have been a Beneficial W) effect, a Neutral lNl effect, or an Adverse (Al effect. For example, would your project create any significant Land -Use Change, or is it Consistent with Local Plans? Would it have any beneficial or adverse Economic Impacts) Many transportation enhancement projects will have minor, if any, impacts on these listed factors. However, it is important that each factor is considered and your response is indicated in the appropriate box. Note: Check only one box for each line. Do not skip any lines. Key to Impacts: 8 =beneficial, • N = Neutral, A = adverse; rt/+ = not applicable. FACTORS I Type of Impact B N A n/a _Socio- Economic Factors Land -use Change /Consistency with Local Plans ❑ ❑ ❑ ❑ Economic Impacts ❑ ❑ ❑ ❑ Impacts on Neighborhoods /Community Cohesion ❑ ❑ ❑ ❑ Relocation of Residences /Businesses ❑ ❑ ❑ ❑ Impacts on Churches /Schools ❑ ❑ ❑ ❑ Title VI Impacts (i.e., impacts to ethnic, minority, elderly, ❑ 1:1 El El disabled, or other groups) Potential for Controversy Yes NO Resource Factors Section4(f) Properties (publicly -owned parks, recreation areas, wildlife and waterfowl refuges, and all historical sites (in public or private ownership) included on or eligible for the National Register of Historic Places) ❑ ❑ ❑ ❑ Historic Sites and Districts ❑ ❑ ❑ ❑ Archaeological Resources ❑ ❑ ❑ ❑ Recreation Areas ❑ ❑ ❑ ❑ Wetlands ❑ ❑ ❑ ❑ _. Aquatic Preserves (wildlife and waterfowl refuges) ❑ ❑ ❑ ❑ Stream Modification ❑ El El 11 /Continued on port payel 43 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Pave 8 Form D. POSSIBLE PROJECT IMPACTS. Indicate possible impacts of the pro- Yes posed enhancement project on the resource categories listed below. Yes Type of Impact B N A n/a Resource Factors. Wild and Scenic Rivers ❑ El El ❑ continued Floodplains ❑ ❑ ❑ ❑ Threatened and Endangered Species ❑ ❑ ❑ ❑ Farmland Conversion ❑ ❑ ❑ ❑ Agricultural Operations ❑ ❑ ❑ ❑ Hazardous Materials/Wastes ❑ ❑ ❑ ❑ Energy -Use Impacts ❑ ❑ ❑ ❑ Construction Impacts ❑ ❑ ❑ ❑ Tree Removal ❑ ❑ ❑ ❑ Physical Environment Water Quality ❑ ❑ ❑ ❑ Noise ❑ ❑ ❑ ❑ Attainment of Air Quality Standards ❑ ❑ ❑ o Other Factors Visual Impacts ❑ ❑ ❑ ❑ Impacts on Utilities and Railroads ❑ ❑ ❑ ❑ Pedestrian /Bicyclist Considerations Detours; Temporary Closures of Roads /Ramps Changes in Access Control PERMITS & CLEARANCES Navigational Permits (Section 10) Section 404 Permits Section 106 Clearance Taxes Antiquities Permits NPDES Yes No Yes No Yes No Yes No Yes No Yes No Yes No STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 9 Form BOTH SIGNATURE BLOCKS MUST BE COMPLETED BEFORE THE PROJECT NOMINATION CAN BE CONSIDERED FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM. The sponsoring entity indicated below hereby recommends that this project be selected for funding through the Statewide Transportation Enhancement Program and attests a commitment to the project's development, implementation, construction, maintenance, management, and financing. SIGNATURE OF SPONSOR'S AUTHORIZED REPRESENTATIVE: Michael E. Malone, City Manager Name/Title Signature P. 0. Box 9037 Address _saris, Texas 75461 City /State/Zip Code Date August 8, 1994 The nominating entity indicated below hereby agrees to provide TxDOT with a prioritized ranking of all enhancement projects submitted for nomination by that entity. Projects will be listed by name and in the priority order determined by the nominating entity. The ranking list indicating project priorities must be received by the TxDOT office no later than 90 days after publication of the call for candidate project nominations in the Texas Register. SIGNATURE OF NOMINATING ENTITY'S AUTHORIZED REPRESENTATIVE: NamerTitle Signature Nominating Entity Date Address City /State/Zip Code ..484 r STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 10 Form NOMINATION FORM CHECKLIST 1. Read the TxDOT booklet, Putting New Faces on Familiar Places, for general information. 2. According to the booklet, determine which of the three tests for eligibility the proposed project addresses; function, proximity, or impact. 3. Determine which of the 10 categories of enhancements the proposed project addresses. 4. , Determine who will act as the candidate project's sponsor. 5. Determine who will act as the nominating entity. Obtain a commitment from the nominating entity to nominate the candidate project. Identify a contact person who will act as the representative for the nominating entity. 6. Identify source of local match (funding source) and determine appropriate public authority, funding commitment. 7. Identify local TxDOT office. 8. Obtain a copy of the nomination form and instruction booklet from TxDOT. Review instructions and TxDOT Guide (see Item 1). 5. Complete the nomination form. Do not skip any parts without an explanation on the appropriate page. Your local TxDOT district office may be able to offer assistance if questions arise. 6. Obtain the necessary attachments required by the nomination form. These are listed in the nomination form as ATTACHMENTS 1 through 6. 7. Review nomination materials for completeness. Make a copy for your records. 8. Send completed nomination form to the local TxDOT district office. It is recommended that the form be sent by registered mail. 9. The nominating entity must supply the TxDOT district office a list showing the prioritized ranking for all candidate projects nominated within 90 calendar days of the call for projects in the Texas Register. Resolution No. 94 -101, resolving that an application be made to the Texas Department of Transportation for a Statewide Transportation Enhancement Program grant for Plum Street 1900 Block Surface Water Runoff Pollution and Flood Mitigation Project in the amount of $271,200.00, being approximately 80% of the estimated cost of the transportation enhancement project, with the City of Paris providing $42,800.00 in kind services and funds, was presented. A motion was made by Councilman Brown, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. RESOLUTION NO. 94 -101 WHEREAS, the Texas Department of Transportation provides funding for Statewide Transportation Enhancement Program grants; and, WHEREAS, the City Council of the City of Paris is desirous of processing an application for the Statewide Transportation Enhancement Program grant for the PLUM STREET 1900 BLOCK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT at a total cost of $214,000.00, with $171,200.00 to be provided by grant and $42,800.00 to be provided by the City of Paris in the form of local funds and in kind services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS: 1. That an application be made to the Texas Department of Transportation for a Statewide Transportation Enhancement Program grant for the PLUM STREET 1900 BLOCK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT in the amount of $171,200.00, being approximately 80 % of the estimated cost of the transportation enhancement project, with the City of Paris providing $42,800.00 in kind services and funds. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the, City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Earl Smith, City Engineer, be, and he is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be,..and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for the PLUM STREET 1900 BLOCK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT. PASSED AND ADOPTED this 8th day of August, 1994. Eric S. Clifford, Mayor m ATTEST: 3, -*!k !�, �Ik WM) Mattie Cunningham, City Cler APPROVED AS PTO FORM: T. K. Haynes, Cit y 'Attorney 486 Putting New Faces on Familiar Places Project Nomination Form Second call for project nominations Published in the Texas Register May 17, 1994 Nomination period: May 18 -Aug. 16, 1994 Texas Department of Transportation Statewide Transportation Enhancement Program EXHIBIT,A 488 PROJECT NOMINATION FORM STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM provided for by the Intermodal Surface Transportation Efficiency Act of 1991 Project Evaluation and Selection will be determined by the information submitted in this nomination form or required attachments. Supplementary information is optional and may delay processing. PART I. GENERAL INFORMATION. PROJECT NAME: DATE:. 1. CONTACT PERSON (name /title): A. SPONSOR: B. AFFILIATION: C.ADDRESS: D. CITY: E. STATE: F. ZIP CODE: H. DAYTIME TELEPHONE: I. FAX NO.: (person TxDOT may contact for further information) 2. TEST OF PROJECT ELIGIBILITY. The proposed project must have a direct relationship of Function, Proximity, or Impact to the Intermodal Transportation System. Please check the appropriate box(es) below that sho-w(s) the candidate project's relationship to transportation system. R ❑ A. Function ❑ B. Proximity ❑ C. Impact An original and eight copies of the completed nomination package must be submitted to TxDOT by 5:00 p.m., Tuesday, August 16, 1994. A list of local TxDOT district offices and their addresses is included at the end of the nomination form. For further information or assistance in completing this nomination package, please contact your local TxDOT district enhancement coordinator. 4 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Pgge 2. Form 3. ELIGIBLE CATEGORIES OF THE CANDIDATE PROJECT. Check only the categories in which the project has legitimate activities. It is not necessary to check every box. ❑ 1. Facilities for Pedestrians and Bicycles ❑ 2. Acquisition of Scenic Easements and Scenic or Historic Sites ❑ 3. Scenic or Historic Highway Programs ❑ 4. Landscaping or Other Beautification ❑ 5. Historic Preservation ❑ 6. Rehabilitation and Operation of Historic Transportation Facilities ❑ 7. Preservation of Abandoned Railway Corridors ❑ 8. Control and Removal of Outdoor Advertising ❑ 9. Archaeological Planning and Research ❑ 10.. Mitigation of Water Pollution due to Highway Runoff 4. TYPE OF NOMINATING ENTITY.. Please check the appropriate categories. ❑ A. County ❑ B. City ❑ C. Metropolitan Planning Orgariization (MPO) ❑ D. An Agency of the State ❑ E. Council of Governments ❑ F. Local Transit Operator ❑ G. State Agency 490 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination page 3 Form 5. NOMINATING ENTITY. A. NAME: R. ADDRESS: C. CITY: D. ZIP CODE: E. CONTACT PERSON: F. TELEPHONE: G. FAX NO.: 6. PROJECT LOCATION. A. CITY /COUNTY: B. TxDOT DISTRICT(S): C. ROUTE NUMBER /STREET NAME /FACILITY NAME: D. PROJECT LIMITS: From To E. PROJECT LENGTH: 7. ESTIMATION OF FUNDS REQUIRED. Following selection by the Texas Transportation Commission and approval by FHWA, all projects will be funded on a cost - reimbursable basis. Costs incurred before this time are not allowable. Be as accurate as possible. An inaccurate estimate may result in an unexpected Increase in the amount of funding required for the local match. Estimated total project cost must include 10% for project administration, design, engineering, and contingencies. Year Funds Required Local Match Total Project Cost $ I $ I $ 1 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Pave 4 Form PART II. PROJECT SPECIFIC INFORMATION A. PROJECT DESCRIPTION. On a separate sheet, provide a clear and concise description of the proposed project, including all work to be performed, right -of -way, easements required, or other property interests, special land uses planned, and any relationship between the project and any other work. The description should consist of one 812" x 11" sheet with a of a maximum of one page of single- spaced text. This sheet must be labeled, "ATTACHMENT 1. PROJECT DESCRIPTION." B. PROJECT IMPLEMENTATION PLAN. On a separate 812" x 11" sheet, include a one -page, single- spaced schedule of project activities and an itemized budget, indicating any circumstances likely to affect commencement of work or time required to complete project. Project budget should include all proposed local financing. Give as much detail as possible as to the cost of each proposed activity. The project budget must include 10% for administration, design, engineering, and contingencies. This sheet should be labeled, "ATTACHMENT 2. SCHEDULE AND BUDGET." This information should be accompanied by documentary evidence of a commitment to provide for a local match. The documentary evidence should be in the form of an official action by a duly constituted governing body. The document from this body may consist of a one -page letter in the form of a resolution, a minute order, or commissioner's court order that provides for a commitment of local match of funding. The letter should include a recommendation that the candidate project be considered for enhancement funding. The nominating entity may providp this certification if it is a public authority. Where appropriate, the letter should show the consistency of the project with long -range transportation plans for the area. This letter should be labeled, "ATTACHMENT 3. CERTIFICATION OF FUNDING COMMITMENT." For projects within an MPO, provide a letter from the MPO stating that the project will be included in the local Transportation Improvement Plan (TIP), if approved for funding. This letter should be labeled, "ATTACHMENT 4. INTENT FOR TIP PLACEMENT." C. PROJECT LOCATION INFORMATION. Attach a map delineating the project location. Indicate project limits, areas of major work and all existing and proposed transportation facilities and rights -of -way. As appropriate, include original photographs of the existing project site, a site plan of proposed construction, and illustrations of proposed work. Photographs may be used to indicate proximity from a roadway of sufficient classification. Documentation of the project location should not exceed six 812" x 11" pages. The map and any accompanying documentation should be labeled, "ATTACHMENT 5. PROJECT LOCATION INFORMATION." D. LAND ACQUISITION INFORMATION. If land will be acquired or other property Interests are Involved, describe on a separate 812w x 11 " sheet how it will be acquired, including cost estimates and funding arrangements. The land acquisition information should not exceed one page of single - spaced text. This sheet should be labeled, "ATTACHMENT 6. LAND ACQUISITION INFORMATION." 492 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 5 Form E. CONSTRUCTION INFORMATION. If construction will be required, briefly discuss below how it will be accomplished. Include cost estimates. F. FACILITY OPERATION AND MAINTENANCE PLAN. Routine operations and maintenance costs are not allowable enhancement costs. If a facility is being proposed, discuss below how it will be operated and maintained. The plan will identify all parties responsible for operation and maintenance. Estimate the annual cost to maintain said facility, describe the source of those funds, identify expected annual gross income from the facility, if any, and describe the intended use of that income. 493 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination 8qe 6 Form PART III. PROJECT BENEFITS, IMPACTS, AND PUBLIC SUPPORT. A. PROJECT USE AND BENEFITS. Describe below the benefits of the proposed project. Description should include expected use of any facilities involved and should compare current use with expected use and projected demand for use of the those facilities. B. COMMUNITY INVOLVEMENT. Provide evidence below of community involvement, support and public participation. Include a description of any opportunities for public participation in the process of selecting candidate projects. Include resolution(s) or other official document(s) from the governing body of each city and county with jurisdiction over any area in which activities associated with the project would take place. Label the resolution(s) ATTACHMENT 7. 1 9 4 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Pave 7 Form D. POSSIBLE PROJECT IMPACTS. Indicate possible impacts of the proposed enhancement project on the resource categories listed below. GENERAL Following is a checklist of environmental factors. For each of the listed factors, answer the question of whether your proposedproject would have been a Beneficial (BI effect, a Neutral (NJ effect, or an Adverse (At effect. For example, would your project create any significant Land -Use Change, or is it Consistent with Local Plans? Would it have any beneficial or adverse Economic Impacts? t Many transportation enhancement projects will have minor, if any, impacts on these listed factors. However, it is important that each factor is considered and your response is indicated in the appropriate box. Note: Check only one box for each line. Do not skip any lines. Key to Impacts: B = beneficial; N = Neutral; A = adverse; n/a not applicable. Type of Impact B N A n/a — _ Socio- Economic Factors Land -use Change /Consistency with Local Plans ❑ Economic Impacts ❑ Impacts on Neighborhoods /Community Cohesion ❑ Relocation of Residences /Businesses ❑ Impacts on Churches /Schools Title VI Impacts (i.e., impacts to ethnic, minority, elderly, disabled, or other groups) ❑ Potential for Cont o ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ r versy Yes No Resource Factors Section 4(f) Properties (publicly -owned parks, recreation areas, wildlife and waterfowl refuges, and all historical sites (in public or private ownership) included on or eligible for the National Register of Historic Places) ❑ ❑ ❑ ❑ Historic Sites and Districts ❑ ❑ ❑ ❑ Archaeological Resources ❑ ❑ ❑ ❑ Recreation Areas ❑ ❑ ❑ ❑ Wetlands ❑ ❑ ❑ ❑ Aquatic Preserves (wildlife and waterfowl refuges) ❑ ❑ ❑ ❑ Stream Modification ❑ ❑ ❑ ❑ [Continued on next papa% STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 8 Form D. POSSIBLE PROJECT IMPACTS. Indicate possible impacts of the posed enhancement project on the resource categories listed below. pro- Type of Impact B N A n/a Yes No Section 404 Permits Yes No Resource Factors, Wild and Scenic Rivers E] ❑ El continued Yes No ❑ Floodplains ❑ ❑ ❑ ❑ Threatened and Endangered Species ❑ ❑ ❑ ❑ Farmland Conversion ❑ ❑ ❑ ❑ Agricultural Operations ❑ ❑ ❑ Hazardous Materials/Wastes ❑ ❑ ° ❑ ❑ Energy -Use Impacts ❑ ❑ ❑ ❑ Construction Impacts ❑ ❑ ❑ ❑ Tree Removal ❑ ❑ ❑ ❑ Physical Environment Water Quality ❑ ❑ ❑ ❑ Noise ❑ ❑ ❑ ❑ Attainment of Air Quality Standards ❑ ❑ ❑ ❑ Other Factors Visual Impacts ❑ ❑ •❑ ❑ Impacts on Utilities and Railroads ❑ ❑ ❑ ❑ Pedestrian /Bicyclist Considerations Yes No Detours; Temporary Closures of Roads /Ramps Yes No Changes in Access Control Yes No PERMITS & CLEARANCES Navigational Permits (Section 10) Yes No Section 404 Permits Yes No Section 106 Clearance YeS NO Texas Antiquities Permits Yes No NPDES _ 496 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 9 Form BOTH SIGNATURE BLOCKS MUST BE COMPLETED BEFORE THE PROJECT NOMINATION CAN BE CONSIDERED FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM. The sponsoring entity indicated below hereby recommends that this project be selected for funding through the Statewide Transportation Enhancement Program and attests a commitment to the project's development, implementation, construction, maintenance, management, and financing. SIGNATURE OF SPONSOR'S AUTHORIZED REPRESENTATIVE: Michael. E. 14alone, City Manager Namerritle Signature P. 0. Box 9037 Address Paris, 1 City /State/Zip Code z DateAugust 8, 1994 The nominating entity indicated below hereby agrees to provide TxDOT with a prioritized ranking of all enhancement projects submitted for nomination by that entity. Projects will be listed by name and in the priority order determined by the nominating entity. The ranking list indicating project priorities must be received by the TxDOT office no later than 90 days after publication of the call for candidate project nominations in the Texas Register. SIGNATURE OF NOMINATING ENTITY'S AUTHORIZED REPRESENTATIVE: Name/Title Signature Nominating Entity Date Address City /State/Zip Code 4 (5 '7 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Nomination Page 10 Form NOMINATION FORM CHECKLIST 1. Read the TxDOT booklet, Putting New Faces on Familiar Places, for general information. 2. According to the booklet, 'determine which of the three tests for eligibility the proposed project addresses; function, proximity, or impact. 3. Determine which of the 10 categories of enhancements the proposed project addresses. 4. Determine who will act as the candidate project's sponsor. 5. Determine who will act as the nominating entity. Obtain a commitment from the nominating entity to nominate the candidate project. Identify a contact person who will act as the representative for the nominating entity. 6. Identify source of local match (funding source) and determine appropriate public authority funding commitment. 7. Identify local TxDOT office. 8. Obtain a copy of the nomination form and instruction booklet from TxDOT. Review instructions and TxDOT Guide (see Item 1). 5. Complete the nomination form. Do not skip any parts without an explanation on the appropriate page. Your local TxDOT district office may be able to offer assistance if questions arise. 6. Obtain the necessary attachments required by the nomination form. These are listed in the nomination form as ATTACHMENTS 1 through 6. 7. Review nomination materials for completeness. Make a copy for your records. 8. Send completed nomination form to the local TxDOT district office. It is recommended that the form be sent by registered mail. 9. The nominating entity must supply the TxDOT district office a list showing the prioritized ranking for all candidate projects nominated within 90 calendar days of the call for projects in the Texas Register. Resolution No. 94 -102, accepting the Interlocal Agreement with the Texas Parks and Wildlife Department for the collection of refuse and grass control, in the amount of $1,200.00 yearly, was presented. A motion was made by Councilman Brown, seconded by Councilman Fulbright for approval of the resolution. The motion carried 5 ayes, 0 nays. 498 RESOLUTION NO. 94 -102 WHEREAS, the City Council of the City of Paris has been made aware of the Texas Parks and Wildlife Department's need for an Interlocal Agreement for refuse collection and grass control at the Lake Gibbons boat ramp on Lake Gibbons, 0.3 mile north of FM Road 2820, 1.4 mile west of FM Road 79, and the City of Paris is agreeable to providing such service; and, WHEREAS, in order to furnish such services, it is necessary for the City of Paris and the Texas Parks and Wildlife Department to enter into an Agreement for said services; and, WHEREAS, the form of agreement for such services, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TILE CITY OF PARIS, that the Interlocai Agreement with the Texas Parks and Wildlife Department for the collection of refuse and grass control, payable to the City of Paris in the amount of $1,200.00 yearly, in the form shown in Exhibit A, attached hereto, be, and the same is hereby, accepted; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Interlocal Agreement with the Texas Parks and Wildlife Department, for collection of refuse and grass control, in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 801 day of August, 1994. Eri S. Cliffor , Mayor Pro Tem ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Hayne ity Attorney 409 Contract Number: USITERLOCAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 1st day of September, 1994, by and between the TEXAS PARKS AND WILDLIFE DEPARTMENT ( "Department ") and the City of Paris, Paris, Texas ( "Contractor "), each acting by and through duly authorized officials, W ITNESS ETH: WHEREAS, the Department requires the services indicated below to adequately operate and maintain the boat ramp facility described herein for the benefit of the public; and, WHEREAS, the Contractor is willing to provide such services under. the terms and conditions set out below; NOW, THEREFORE, In consideration of the premises and the mutual covenants hereof, the parties hereto agree as follows: 1. The Contractor shall, during the term hereof, remove and dispose of any and all trash, garbage and litter, of every description, located on the boat ramp premises described in Exhibit A, attached hereto and made a part hereof for all necessary purposes ( "Premises "). The Contractor shall visit and inspect the Premises as.often as necessary to ensure a clean and litter -free condition, but, in any event, at least once a week. 2. The Contractor shall, during the term hereof, mow the portion of the grassy area of the Premises situated within fifty (50) feet of the improvements (boat ramp and parking lot). The above - described area shall be moved to maintain grass at a height not to exceed six (6) inches. 3. The term of this Agreement is from September 1, 1994, to August 31, 1996, unless sooner terminated as provided herein. 4. As full compensation for the above - described services of the Contractor, the Contractor agrees to accept and the Department agrees to pay the sum of $1,200.00 (One Thousand Two Hundred and no /100 Dollars) per year, payable in quarterly payments, all such payments due after the services have been performed for the calendar quarter. All such payments shall be remitted to the address of the Contractor shown in Paragraph 6, below. 5. This Agreement is subject to cancellation, without penalty, if funds are not appropriated by the Texas Legislature, or otherwise made available, to the Texas Parks and Wildlife Department. aHIBIT, A 5001 6. All notices required hereunder shall be deemed to have been duly given if and when the same are reduced to writing and enclosed in a properly sealed envelope and deposited, prepaid, in a United States post office, addressed as follows: If to the Contractor: City of Paris P. O. Box 9037 Paris, TX 75461 -9037 If to the Department: Grants -in -Aid Program /Boat Ramp 4200 Smith School Road Austin, TX 78744 The parties have the right to change their addresses by giving at least fifteen (15) days written notice to the other party of the new address. 7. It is understood and agreed that the Department shall have the right, and the right is expressly reserved to declare this Agreement terminated at the option of the Department _ upon breach by the Contractor of .any of the conditions contained herein; provided, however, that the Department shall give the Contractor written notice, as provided herein, of such intention to terminate and the reason(s) therefor, and Contractor shall have thirty days after such notice is mailed to rectify the breach to the satisfaction of the department. 8. Contractor shall indemnify and hold harmless the Department from and against any claims of any character of all persons whomsoever which result directly or indirectly from the activities by the Contractor of the Premises covered by this Agreement. 9. The parties agree that suit may be brought for the purpose of enforcing any of the provisions of this Agreement in any court of Travis County, Texas. CITY OF PARIS TEXAS PARKS AND WILDLIFE DEPARTMENT By: By: MICHAEL E. MALONE. CrrY MANAGER Date Date EXHIBIT "A" TO SERVICES AGREEMENT The City agrees to arrange for the disposal of trash and garbage, of every nature and description, on a weekly basis, or more often, if necessary, and agrees to maintain grass at a height not to exceed six (6) inches at the following described boat ramp(s): PROJECT NUMBER LOCATION.. SBF 68- 1- 101 -139 On Lake Gibbons; 0.3 mile north of FM Road 2820, 1.4 mile west of FM Road 79. ;a A motion was made by Councilman Brown to table-:,,action on appointing a member to the Traffic Commission to fill the unexpired term of Kaye Hughes. The motion was seconded by Councilman Fulbright, and carried 5 ayes, 0 nays. Resolution No. 94 -103, appointing Keitt Wood to as lay representative to the Northeast Texas Library System to fill the unexpired term of Thomas Seay, which ends August 31, 1995, was presented. A motion was made by Councilman Brown, seconded by Councilman Fulbright for approval of the resolution. The motion carried 5 ayes, 0 nays. 502 RLSOLUTION NO. 94 -103 WHEREAS, the City of Paris, acting through its Library, is desirous of continuing participation in the Northeast Texas Library System; and, WHEREAS, there exists a vacancy for lay representative to the Northeast Texas Library System due to the resignation of THOMAS SEAM, and it is necessary to appoint his successor, and the Library Advisory Board recommends the appointment of KEITT WOOD to fill the unexpired term of THOMAS SEAY, which ends August 31, 1995, and has submitted the name of such person to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF'rHE CFFY OF PARIS, that KEI'I'T WOOD, be, and she is hereby, appointed as lay representative to the Northeast Texas Library System to fill the unexpired term of THOMAS SEAY, which ends August 31, 1995. PASSED AND ADOPTED this 8th day of August, 1994. 2 Eric S. Cli , Mayor r 111— _ ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. 'H ynes, Attorney Resolution No. 94 -104, resolving by the City Council of the City of Paris, that the terms of the compromise agreement between Campbell Soup Co. and the City of Paris, for water furnished to Campbell Soup Co. during 1992 and 1993, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 5 ayes, 0 nays. 03 RESOLUTION NO. 94 -104 WHEREAS, the City Council of the City of Paris, did, heretofore, on the 29th day of August, 1991, agree to provide water at a cost of service rate to Campbell Soup Co. under a contract to be finalized by October 1, 1992; and, WHEREAS, such agreement was not finalized by October 1, 1992, due to factors not totally attributable to either party; and, WHEREAS, the terms of the cost of service rate offered by the City Council of the City of Paris were not met even though the parties negotiated in good faith and continued to negotiate in good faith until a contract, dated October 1, 1993, was finally executed in the latter part of 1993, so, therefore, a compromise settlement is justified; and, WHEREAS, the compromise agreed to by representatives of Campbell Soup Co. and of the City of Paris, with the understanding that the City of Paris staff would present such compromise to the City Council for approval, is contained in Exhibit A, attached hereto, and should, in all things, be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the terms of the compromise agreement between Campbell Soup Co. and the City of Paris, for water furnished to Campbell Soup Co. during 1992 and 1993, contained in Exhibit A, attached hereto, be, and the same are hereby, approved. PASSED AND ADOPTED this 8th day of August, 1994. Eric S. Clifford, Mayor Tem ATTEST: Mattie Cunningham, City Cler a D AS FORM: T. K. Haynes, City torney 504 May 13, 1994 ItEEII^-S'i'OWE & A:1o. INCORPORATE ❑ Dr. Osman M. Aly Director of Environmental Affairs Campbell Soup Company Campbell Place Camden, New Jersey 08103 -1799 RE: City of Paris Settlement for Fiscal Years 1991/92 and 1892/93 Dear Dr. Aly: We enjoyed the opportunity to meet with you Tuesday. This letter is drafted at the request of you and the City of Paris (Paris) staff to summarize the results bf the meeting pertaining to charges for water in 1991/92 and 1992/93. i will first state my understanding of the positions of the two parties and then the settlement we discussed. In the context of this letter, only the disputed portion of the payments will be addressed. Payment and volume data were provided by Paris as shown on the enclosed spreadsheet, V-1ti • • : ITtZiI Paris' position is premised on its legal rights and obligations under the Water Purchase Contract dated September 29, 1988, between the City of Paris and Campbell Soup Company (Texas), inc, Said contract explicitly sets forth the agreement between the parties as to the rate methodology and payment for charges. It is also Paris' position that It is strictly bound by Council action and Council action nil regarding any wholesale cbritracts or changes.to any terms or conditions contained within the contracts. Paris' current position regarding charges to Campbell for water service during the 1991/92 and 1992 /93 time frame are as follows: 1. Campbell billing for 1991/92 and 1992/93 under the agreed contract methodology should have been $2,540,886.84. 2. The City Councl of Perris authorized In 1991 that Campbell would be billed under the lower Cost of Service rate methodology In fiscal year 1991/92 U and oi* I e'new contract was entered irdo before October 1, 1992. 8770 Cal FK)A0 AT L9J FWY. SLRTE 1107 1O1 W. e#XT! -1 GTMET, 1 "Tt 225 0ALLiR TfxAS 7s2li1 AUSTUJ. TRXA9 79701 rAx ?Id, 4560205 PAX rs1Lll 47a-F 5 ©J Dr. Osman M. Aly May 13, 1994 Page 2 3. A new contract was not entered into by October 1, 1992. (A new contract was in fact entered Into dated October 1, 1993.) 4. Since the Council specifically authorized the Cost of Service rate only If a new contract was signed by October 1, 1992, and In fact no new contract was signed by that date, that special Cost of Service provision expired. Therefore, Paris is entitled to payments pursuant to the agreed rate methodology in the 1988 contract. 5. Any reasons for delay in signing a new contract past the October 1, 1992 expiration date are irrelevant since Campbell representatives knew of the expiration date and could have addressed the Council requesting an extension of the Cost of Service rate. For whatever reasons, Campbell chose not to address the Council and request an extension. 6. Since the governing body of Paris (i.e., the Council) did not amend or extend the Cost of Service rate provision, and the requirements of the Council's Cost of Service agreement were not met, the 1988 contract governs the payments from Campbell for the 1991/92 and 1992/93 period. 7. Campbell was billed and paid $2,444,796.37 versus their obligation under the 1988 contract of $2,540,886.84; Campbell now owes Paris the difference of $96,090.47. :�U..: ••: R 1 *3 1 1. The delay in signing the new contract was not solely the fault of either of the parties; Campbell should not be penalized for faiiing to have a new contract signed by the October 1, 1992 expiration date of the Cost of Service provision since the City Is also at fault for the delay. 2. Even though the Council only approved the Cost of Service rate methodology contingent upon signing a new contract by October 1, 1992, a. new contract was In fact agreed to on October 1, 1993 evidencing good Intentions in negotiating a new contract. 3. Because Campbell acted in good faith and ultimately signed a new contract, the Cost of Service rate methodology should apply for the entire 1991/92 and 1992/93 timeframe. 4. The Paris staff should use the Cost of Service methodology for the entire period although the Council has not authorized them to do so, 5. The spirit of good faith should povem rather than Ov legal authorization of the Courx11. 506 C1J7y 15'. 20 I<tCL- 51lJl:.lE} UHLC_N5 .. 4�.5 Ni�4 Dr. Osman M. Aly May 13, 1994 Page 3 6. Under the Cost of Service methodology for 1991/92 and 1992/93, Campbell should have paid $2,293,552.66 rather than the $2,444,796.37 they actually paid; Paris owes Campbell the difference of $151,243.71. Settlemgnt Agreement In order to maintain good relations and resolve this dispute, the parties agreed to "split the difference" as follows: Paris' Position - Contract Charges Campbell's Position Cost of Service Charges Total Compromise - Divide by 2 for Average Less Amount Actually Paid by Campbell Net Credit Duo to Campbell $2,540,886.84 W- • .. $4,834,439.50 $2,417,219.75 2.444.796.37 $(27.576.621 Note that Paris is willing to forego $123,667.09 in revenues ($96,090.47 plus $27,576.62) In order to resolve this dispute. It was my understanding that you were authorized by Campbell to settle this dispute and that you agreed to this settlement. Paris must present this proposal to Council for approval and will notify you when it Is approved or if any problems arise regarding Council approval. Should you have any questions or concems, please do not hesitate to call me at (214) 458 -9388. Very truly yours, Jay Joyce Senior Consultant JJ:ks Enclosure cc: Mr. Mike Malone (w /attachment) Mr. T. K. Haynes (w /attachment) Mr. Dene Anderson (w /attacoment) 507 VjJ ---'PLLL)-5T04Jff ---- DALLAS 423 P05 7 r 1. : -. y � � � I i i Ii A-A II 0 -4 Resolution No. 94-105, cancelling the lease agreement with the Paris Teen League Baseball for Reece Baseball Field, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. tij IiJ 423 P05 7 r 1. : -. y � � � I i i Ii A-A II 0 -4 Resolution No. 94-105, cancelling the lease agreement with the Paris Teen League Baseball for Reece Baseball Field, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 508 RESOLUTION NO. 94 -105 WHEREAS, the City Council of the City of Paris did, heretofore, in Resolution No. 91- 002, passed on January 14, 1991, approve the executio�i of a Lease Agreement with the Paris Teen League Baseball Association, Inc.; and, WHEREAS, the Paris Teen League Baseball Association, Inc. is no longer desirous of using Reece Field and maintaining insurance on the same and has requested that the City Council of the City of Paris cancel said Lease Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Lease Agreement between the City of Paris and the Paris Teen League Baseball Association, Inc. be, and the same is hereby, canceled. PASSED AND ADOPTED this 801 day of.August, 1984. Eric S. r1ifford, Mayor Pro Tern ATTEST: Mattie Cunningham, City Cler F APPROVED AS TO FORM: . K.` I- IaynesRity Attorney V City Manager Malone - announced that the next item on the agenda was consideration of and action on appointing an auditor to conduct the Independent Annual Audit as required by Section 35 of the Charter of the City of Paris for the fiscal year ending September 30, 1994. City Manager Malone advised that only one proposal had been received that being from McClanahan and Holmes, Certified Public Accountants, and recommended accepting their proposal. A motion was made by Councilman Fulbright, seconded by Councilman Bell to accept the proposal of McClanahan and Holmes to conduct the Independent Annual Audit for fiscal year ending September 30, 1994. The motion carried 5 ayes, 0 nays. City Manager Malone presented the Certified 1993 -1994 Appraisal Roll. 1 A motion was made. by Councilman Fulbright to receive the Certified 1993 -1994 Appraisal Roll as presented. The motion was seconded by Councilman Jenkins, and carried 5 ayes, 0 nays. City Manager Malone presented a permit for aeronautical activities at Cox Field Airport for Knox Aerial Spraying - Agricultural Operation. A motion was made by Councilman Brown to approve the permit subject to the review and approval of City Attorney Haynes, and City Staff concerning insurance requirements. The motion was seconded by Councilman Bell, and carried 5 ayes, 0 nays. City Attorney Haynes advised that Texas Utilities Electric Company is fixing to ask for, and is asking for $93,325,304.00 for fuel cost, and it is being presented to you for the purpose of information, and to ask you if you wish to remain passive in this matter, or if you wish to do anything differently. City Attorney advised that this is not a rate case, it is fuel cost adjustment. City Attorney Haynes told the Council that Lawrence C. Runke proposed a lease of land at the Airport to build a hangar upon the land of his own, and when he gets through with it to remove his hanger and put the land back in the same shape and leave. He proposed that sometime ago, and City Attorney Haynes said he prepared the usually lease that has been offered to Mr. Clifford and others who have taken them in recent years. Mr. Haynes said, he mailed the proposed lease to Mr. Runke, and he said that was not what he wanted to do, he wanted to lease the land and for the hangar not to become City property. It has been our policy for 20 to 25 years to amortized the value of the hangar compared to the lease of the land over a period of 25 years, so we gave them a 25 year lease to cover the construction of the hangar, after the 25 years, and for the next 10 years for those that have asked for it have receive another 10 years lease for a cash rental, the amount is fixed in each of those leases, and it relates to the square footage of the hangar. After further discussion, it was the consensus of the Council was to sent this matter to the Airport Advisory Board for their study and recommendation. City Attorney Haynes reported that the case "Famous Tarver ", which is a young man that got bit by a police dog, that case is on going, and an offer has been made, there has been no conclusion, but negotiations are on going. — City Attorney Haynes said that an agreement has been reached by the staff to present to the Council with Dr. Richard Swint, and recommended that the Council approve the agreement. Mayor Pro Tem Clifford directed that this item be placed on the next agenda for consideration and action. There being no further business, the eetin adjourne E I LI , M 'PRO TEM ATTEST: MATTIE CUNNINGHAM, CITY C RK�� 510 1511 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL August 29, 1994 The City Council of the City of Paris met in special session, Monday, August 29, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric S. Clifford, Millie Ingram, McDonald, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Mayor Shelton announced that the purpose of the special was the presentation of the proposed 1994 -1995 budget by the City Manager for the City of Paris in accordance with Article V of the Charter of the City of Paris. City Manager Malone presented his 1994 -1995 proposed budget for the City of Paris, pointing out that the summaries and schedules being presented in the small blue book, and the revenues and line item expenditures were in the large blue-book. City Manager Malone said within the small book you will have a copy of the Manager's letter to the Council which he did not read but highlighted as follows: This budget totals $23,956,601.00 of•which $265,397.00 is budget for contingencies. This budget represents a 4.2% increase, or $965,929.00, above the 1993 -1994 budgeted amount of $22,990,672.00, with a contingency account of $180,000.00, as you can see the contingency has been increased which represents approximately 2%. The City Charter suggest that we keep a 3% contingency in the event we have unusual circumstances or emergencies. The budget contains a 2.5% cost of living increase to be applied throughout all grades and steps, all employees of the City of Paris. There is a proposed increase in the ad valorem tax rate of .0487 cents, less than a nickel. This amount is the amount needed to pay the debt service on the $5,000,000.00 1993 Certificates of Obligation which were passed to fund a number of needed capital improvement projects. Therefore, the present tax rate is $0.46893 will be increased to $0.51763, which would represent an additional $1.62 per month, or $19.44 per year, to the tax bill on the average house which is valued at $39,874.00. Also included in this budget is fee increases for the ambulance service, but projected revenues to the budget will not be increased until we have a year of experience. In the ambulance contract there will be a settle -up provision with the Lamar Commissioners Court. Recommendation for closure of the City of Paris Tax Department to be effective October 1, 1994. The City of Paris will contract with the Lamar County Appraisal District for ad valorem tax collection services. This will eliminate two positions without layoff while Page 2 City Council Meeting Aug.29, 1994 retaining fees for the sale of birth and death records and tax certificates, reducing the budget for the Tax Department operation from the present total $130,424.00 to $96,336.00, a savings of $34,088.00 in -- the first year and $46,129.00 thereafter. With the upcoming retirement of the Community Development Director, we will be combining the Community Development Department with the Engineering Department. There will be some reduction in staffing, and increasing in engineering staffing, but all together, the streamlining of these two departments will result in significant,savings. The City has been successful in procuring a variety of grants for various purposes. Within this budget amount we have included revenue in the General Fund in the amount of $688,240.00, which represents known grant income which we expect to receive in this fiscal year. Also at the same time, and not included in projected revenues, the City is applying for at least seven additional grants which could total to more than $1,000,000.00. `': Changes have been made with the Paris Lamar County Health Department operation, which we fund along with the State of Texas and the Lamar County Commissioners' Court by creating a Rural Health Clinic. Projected revenue to the Health Unit operations will enable the City to reduce its contribution to the Health Unit from $126,010.00 to $90,000.00, while at the same time providing improved services in the operation, and there is a light reduction for Lamar County Commissioners' Court. Effective October 1, 1993, one quarter of one cent additional sales tax collected to reduce property taxes. The revenue projected based on current collection experience indicate a reduction of approximately ten cents per $100.00 valuation. City Manager Malone said we have an extreme lean budget. We budgeted amounts for maintenance and operations and capital that are reasonable amounts. The revenue projections have been carefully considered and the recommended tax and fee increases will be needed to fund an adequate program of work and to have adequate resources in future budget years. Mayor Shelton announced that the Council would go into a budget workshop session. Mayor Shelton reconvened the special council meeting at 6:15 P.M. Resolution No. 94 -106, resolving that a public hearing is called for the 15th day of September, 1994, at 6:00 P. M., in the City Council Chambers, City Hall, 135 S. E. 1st, for the purpose of hearing written and oral comments from the citizens of the City of Paris concerning the City Manager's proposed annual budget for fiscal year 1994 -95, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Fulbright for approval of the resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 94 -106 WHEREAS, the City Manager of the City of Paris has furnished to the City Council at special session convened on the 29th day of August, 1994, the City Manager's proposed budget as directed by Section 45 of the Charter; and WHEREAS, the City Manager did file the proposed budget with the City Clerk of the City of Paris the 29th day of August, 1994, in accordance with Vernon's Texas Codes Annotated, Local Government Code, Section 102.005(a); and, WHEREAS, in accordance with Section 50 of the Charter, a public hearing must be held giving all interested persons an opportunity to be heard for or against any item or the amount of any item therein contained; and, WHEREAS, an appropriate time for said public hearing is found to. be the 15th day of September, 1994, which date is at least 15 days after the date the proposed budget was filed with the City Clerk in accordance with Vernon's Texas Codes Annotated, Local Government Code, Section 102.006(b); NOW, THEREFORE, 4 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that a public hearing is called for the 15th day of September, 1994, at 6:00 P.M. in the City Council Chambers, City Hall, 135 1st Street Southeast, for the purpose of hearing written and oral comment from the citizens of the City of Paris concerning the City Manager's proposed annual budget for fiscal year 1994 -95; and, BE IT FURTHER RESOLVED, that the City Clerk of the City of Paris publish notice of said public hearing in the Paris News on the 4tli day of September, 1994, setting forth the time and place of said public hearing, which public hearing date is no sooner than the tenth (10th) day after said publication date. PASSED AND ADOPTED this 29th day of August, 1994. %400 olpff'Ar ATTEST: Mattie Cunningham, City Cl &k APPROVED AS-TO FORM: T. K. Haynes, Gify Attorney ... , — Z 1 4 Resolution No. 94 -107, resolving that a public hearing is called for the 15th day of September-1,1994, at 6:30 P. M., in the City Council Chambers, City Hall, 135 S. E. 1st Street, for the purpose of hearing the views of proponents and opponents of the tax increase required to fund and balance the City Mdnager's proposed budget for fiscal year, 1994 -95, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford for approval of the resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 94 -107 WHEREAS, the City Manager of the City of Paris presented to the City Council at special session convened on the 29th day of August, 1994, the City Manager's proposed budget which would require a tax rate increase in excess of 3 % but less than 8 % to fund a balanced budget as required by Section 59 of the Charter of the City of Paris; and, WHEREAS, in accordance with Section 26.05 (c) of the Property Tax Code of the State of Texas, a public hearing must be held at which the City Council must afford adequate opportunity for proponents and opponents of the tax increase to present their views; and, WHEREAS, an appropriate time and place for said public hearing is found to be the 1501 day of September, 1994, at 6:30 P.M., in the City Council Chambers, City Hall, 135 1st Street Southeast; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCII. OF THE CITY OF PARIS, that a public hearing is called for the 15th day of September, 1994, at 6:30 P.M. in the City Council Chambers, City Hall, 135 Ist Street Southeast, for the purpose of hearing the views of proponents and opponents of the tax increase required to fund and balance the City Manager's proposed budget for fiscal year, 1994 -95; and, BE IT FURTIIER RESOLVED, that the City Clerk of the City of Paris publish notice of said public hearing in the Paris News on the 1st day of September, 1994, setting forth the time and place of said public hearing, which public hearing date is no sooner than the seventh (7th) day after said publication date. PASSED AND ADOPTED this 29th day of August, 1994. Don Shelton, May r ATTEST: Mattie Cunningham, City Clerk APPROVED AS O FORM: T. K. Haynes, Cit Attorney U15 A motion was made by Councilman Clifford, seconded by Councilwoman McDonald to go back it Item Number 4, consideration of and action on adopting that portion of the tax rate necessary for debt service for the City of Paris for the calendar year 1994. The motion carried 6 ayes, 0 nays. City Manager Malone called for consideration of and action on adopting that portion of the tax rate of .0899 necessary for debt service for the City of Paris for the calendar year 1994. A motion was made by Councilman Clifford, seconded by Councilman Bell adopting that portion of the tax rate of .0899 necessary for debt service of the City of Paris for the calendar year 1994. The motion carried 6 ayes, 0 nays. City Manager Malone called for consideration of and action on adopting that portion of the tax rate which is .4278 needed to fund maintenance and operation expenditures for the City of Paris for the calendar year 1994. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford adopting that portion of the tax rate which is .4278 needed to fund maintenance and operation expenditures for the City of Paris for the calendar year 1994. The motion carried 6 ayes, 0 nays. City Attorney Haynes presenting the following petitions for rezoning: Jim "Bell, Lot 4, City Block 254, from 2F District to GR District; Jerry McFadden, Lots 3 & 3 -A, 4 & 4 -A, City Block 206, from SF -2 District to MF -1 District; Alice Sterling, 1FB, City Block Block 306, from Commercial District, to Commercial & Specific Use Permit - Billboard Sign (52) District. Mayor Shelton referred the petitions to the Planning and Zoning Commission for their study and. recommendation at their meeting October 3, 1994, and before the City Council October 6, 1994. Resolution No. 94 -108, authorizing and directing the Mayor of the City of Paris, Don Shelton, to execute on behalf of the City of Paris, the Emergency Medical Services Contract with the County of Lamar, State of Texas, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 6 ayes, 0 nays. 51 RESOLUTION NO. 94 -108 WHEREAS, the City Council of the City of Paris has been requested by the County of Lamar, State of Texas, to provide the emergency medical services to that area of Lamar County outside the city limits of the City of Paris; and, WHEREAS, the form of contract to provide such service is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that emergency medical services be extended to that area of Lamar County, State of Texas, outside the city limits of the City of Paris, upon the terms and conditions stated in the contract attached hereto as Exhibit A, and that the Mayor of the City of Paris, Don Shelton, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, Emergency Medical Services Contract with the County of Lamar, State of Texas, in the form of Exhibit A attached hereto. PASSED AND ADOPTED this 29th day of August, 1994. on Shelton, a ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. K. Haynes, City Attorney 17 EMERGENCY MEDICAL SERVICES CONTRACT STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } This contract made and entered into this the 29th day of August, 1994, by and between the CITY OF PARIS, Paris, Texas, a body politic, acting by and through its Mayor, duly authorized, hereinafter called CITY; and the COUNTY OF LAMAR, State of Texas, acting by and through its County Judge, duly authorized, hereinafter called COUNTY; hereby contract and agree as follows: 1. CITY covenants and agrees that it will furnish and provide adequate emergency medical service vehicles and related emergency medical services to all persons within the County of Lamar, without regard to race, color, sex or national origin. 2. CITY covenants and agrees that it will comply with all safety requirements of the law pertaining to the furnishing of emergency medical. services and that all vehicles used as emergency medical service vehicles will be distinctly marked and colored as required by State law and City ordinances. The emergency medical service shall be referred to as "CITY OF PARIS EMERGENCY MEDICAL SERVICE" and the vehicles used in providing said service shall bear the City of Paris decal with the additional words, "serving PARIS and LAMAR COUNTY." 3. CITY agrees that emergency medical service vehicle attendants will be certified by the Texas State Department of Health under the terms of the Emergency Medical Services Act, chapter 773, Vernon's Texas Codes Annotated; that each emergency medical service vehicle shall be staffed with at least two emergency care attendants as required by Section 773.050, Subsection (a) of Chapter 773, Vernon's Texas Codes Annotated. 4. CITY agrees to provide State of Texas Certified EMT Certification, and to possess and in- service training program agreement with one or both of the local hospitals, in compliance with State of Texas continuing education requirements. 5. CITY agrees that each vehicle used as an emergency medical service vehicle shall be equipped with a two -way radio which transmits and receives oil frequencies designated by the FCC. The radio communications to and from said emergency medical vehicles and central dispatch shall be in coordination with and by the knowledge of the Lamar County Sheriffs Office, EMERUENC'Y MEDICAL SERVICES C0N'rRAC71' - Page I ,EMBIT, A 518 the Paris Police Department, and McCuistion and St. Joseph Hospitals, with each hospital furnishing its own radio equipment. 6. CITY agrees that all vehicles used for emergency service and the equipment contained therein will meet or exceed requirements in accordance with the Health and Safety Code, Chapter 773, and that all emergency medical vehicles and accessory equipment shall be subject to inspection by designated representative of the COUNTY, and if an any time same are not in compliance with the provisions hereof, or if any emergency medical vehicle is in need of mechanical repairs in order to insure its satisfactory operation, the said vehicle must be removed from service. 7. CITY agrees that it will answer all emergency calls within the limits of the City and County, and that no person within the City and County shall be refused emergency service, and further agrees that transfer emergency service when directed by a medical doctor will not be refused, and agrees to deliver patients to WCuistion and St. Joseph Hospital in the following manner: (a) To the hospital that victim, his person physician or next of kin so designate, or (b) To the nearest hospital from the point of pick up of the victim when his personal physician or next of kin cannot respond to the emergency medical vehicle director's inquiry. (c) To the nearest hospital from the point of pickup when life threatening situation exists. 8. CITY agrees that at all times during the effective period of this contract to have procured and kept in force and effect policy or policies of public liability insurance covering each motor vehicle operated under this contract in the minimum arnounts of $250,000.00 for bodily injury or death to any one person and $500,000.00 for all persons injured in any one accident or occasion and $100,000.00 for property darnages arising out of any one accident or occasion. 9. CITY agrees to furnish the County Judge, Lamar County, an annual operating statement relating to revenues, expenses, call statistics, and the status of delinquent and uncollectible accounts, and that all non - medical records of the services rendered under this contract, and training and certification records of all employees, be available for inspection and review by such County Judge or his designated representatives, and to furnish a quarterly report in the form of Exhibit A attached hereto. EMEROINCY MEDICAL SERVICES CONTRACT - Page 2 10. CITY agrees to operate the emergency medical service operation in accordance with the requirements of State law and applicable requirements of CITY and COUNTY as may be in effect. 11. CITY agrees that it will have a minimum of two (2) emergency medical vehicles which meet the emergency medical vehicle and equipment requirements as set out in paragraph 6 above, manned with a crew of two (2) men each, available to the citizens of the City and County twenty- four(24) hours per day, seven (7) days per week. 12. COUNTY agrees that non - emergency transfer service from points within the City or County to points inside or outside the County will be made at the prerogative of the CITY; that emergency medical service from points outside the County to any destination shall be made at the prerogative of CITY and shall not be covered by this contract. 13. The COUNTY agrees to pay to the CITY forty per cent (40 %) of the actual cost of providing emergency and transfer ambulance service to be computed through the last day of this contract on a cash basis, with the COUNTY making monthly payments of $15,689.00 monthly towards the estimated 12 month term cost of $188,273.00. The first of said monthly payments to be, made on the 1st day of October, 1994, with a like payment being made on the first day of each month thereafter.. 14. to the event the charges paid by COUNTY are more than or less than the charge that would have been made based on actual costs, the CITY will furnish calculations to COUNTY during the month of January and COUNTY's monthly payments shall be increased or decreased for the months of February through September by an amount which will eliminate the overcharge or will make up the deficiency. 15. This agreement shall be effective and the term ;thereof shall commence on the I st day of October, 1994, and shall expire on the 30th day of September, 1995. 16. It is further understood and agreed that neither the COUNTY nor any of its agents, servants or employees shall be considered to be in the business of providing emergency medical service, and the relationship between the parties shall not be considered to be that of a partnership or joint venture, and that the status of the CITY shall be that of an independent contractor providing services to the COUNTY and its inhabitants in exchange for the payment of amounts herein set forth. EMERGENCY MEDICAL SERVICES CONTRACT - Page 3 17. It is mutually understood and agreed between the parties that the payments made by the COUNTY to the CITY shall in no way affect the right of CITY to collect the charges hereinafter set out in paragraph 17 from persons for emergency medical service rendered, and it is expressly understood and agreed that no one shall be entitled to free emergency medical service under this contract, and diligent efforts shall be made to collect accounts outstanding in keeping with good and ethical business practices. 18. It is understood and agreed that charges for services rendered under the scope of this contract within the limits of the CITY and COUNTY shall be per patient, per call, as follows: 1. 2. 3. 4. 5. 6. 7. 8. 2. (a) The following rates are established for emergency medical vehicle service for residents of Lamar County: A ADVANCE LIFE SUPPORT (ALS) $185.00 plus $3.00 per mile from point within Lamar County of pickup to point of delivery BASIC LIFE SUPPORT (BLS) within Lamar County OUT OF LAMAR COUNTY TRANSFER SERVICE TRANSFER SERVICE within Lamar County PERSONAL PREFERENCE TRANSFER SERVICE to a point outside City of Paris beyond a 125 mile radius IN HOUSE TRANSFER REQUESTED SERVICE not used STANDBY $150.00 plus $3.00 per mile from point of pickup" to point of delivery $185.00 plus $3.00 per mile from point of pickup to point of delivery $110.00 plus $3.00 per mile from point of pickup to point of delivery $250.00 plus $3.00 per mile from point of pickup to point of delivery and for return to point of origin inside City Limits $60.00 from hospital to treatment facility and return to hospital $30.00 $200.00 for the 1st hour and $60.00 each additional hour on an as available, first request first serve basis (b) The following rates are established for emergency medical vehicle service for non- residents of Lamar County: ADVANCED LIFE SUPPORT (ALS) $185.00 plus $3.00 per mile from point within Lamar County of pickup to point of delivery BASIC LIFE SUPPORT (BLS) $150:00 plus $3.00 per mile from point within Lamar County of pickup to point of delivery 3. OUT ON LAMAR COUNTY SERVICE a point outside the city of Paris within 125 mile radius EMERGENCY MEDICAL SERVICES CONTRACT - Pagc 4 $250.00 plus $3.00 per mile from point of pickup to point of delivery and return to point of origin inside City of Paris t. 2. 1 4. TRANSFER SERVICE within Lamar County 5. IN HOUSE TRANSFER 6. REQUESTED SERVICE not used $110.00 plus $3.00 per mile from point of pickup to point of delivery $60.00 from hospital to treatment facility and return to hospital $30.00 (c) A usual, reasonable, and customary charge for medical supplies and service used or required in connection with emergency and non - emergency transfer service shall be made. 19. It is agreed that if any patient dies while enroute to any hospital, the paramedic in charge shall deliver the body of such deceased person to the nearest hospital, and remain there until a medical examiner or licensed medical doctor formally pronounces the subject dead. CITY and COUNTY agree that CITY will not be required to transport any cadavers from any hospital. 20. It is agreed that all calls for emergency medical service that are received by COUNTY shall be referred to the CITY OF PARIS AMBULANCE SERVICE operated by CITY. 21. In the event that the COUNTY desires to discontinue emergency medical service at the end of this contract, being September 30, 1995, COUNTY shall give written notice to the CITY on or before June 1, 1995, of its desire to cancel service. If COUNTY fails to give notice of discontinuance of emergency medical service beyond the end of this contract, CITY will deliver to COUNTY on or before August 31, 1995, rates and contract price upon which it will deliver service, and thereafter on or before October 1, 1995, COUNTY will execute the contract for service for the additional term upon the same terms and conditions as stated herein. CITY OF PARIS, PARIS, TEXAS Don Shelton, Mayor, Mayor ATTEST: Mattie Cunningham, City Clerk EMERGENCY MFMCAL SERVICES CONTRACT - Page 5 APPROVED AS TO FORM: _ T. K. Haynes, City Attorney ATTEST: Kathy Poole, County Clerk APPROVED AS TO FORM: Torn Wells, County Attorney EMERGENCY MEDICAL SERVICES CONTRACT - Page 6 COUNTY OF LAMAR, STATE OF TEXAS Deane A. Loughmiller, County Judge 4. 522 u K 0 E L f-• 1r x a w n z F [] d < o 0. 1+ W +-t A k I t i t t 1 V • i U Y C .•t r •1 C 0 U. NC ►1 v.1 y r M , r O C r C C ' y y 1 " 1 l.1 y . V A V M H .M H • Y V 7 40 a ' u >. C a .i .tea .^�i v .•{i u u 'C .a O O ►. y 0 y +a .� .a A r r i O w •� O • O u A q a C C « :.1 V H H M C + •1 i y u y y N ~ F H H fo» ►C. ' Resolution No. 94 -109, resolving that the City Attorney, T. K. Haynes, be, and he is hereby authorized and directed to proceed with negotiations on behalf of the City of Paris to lease property for a new West Side Park, and authorizing and directing the Director of Facilities, Dick Boots, to prepare cost estimates for the construction of a new West Side Park for the City of Paris, was presented. w r 0 t t w r d < w r F a a w F d ' O Cr k tlt F A t O F' t d r • a w N F d U1 E~ d Cr I t i t t 1 V • i U Y C .•t r •1 C 0 U. NC ►1 v.1 y r M , r O C r C C ' y y 1 " 1 l.1 y . V A V M H .M H • Y V 7 40 a ' u >. C a .i .tea .^�i v .•{i u u 'C .a O O ►. y 0 y +a .� .a A r r i O w •� O • O u A q a C C « :.1 V H H M C + •1 i y u y y N ~ F H H fo» ►C. ' Resolution No. 94 -109, resolving that the City Attorney, T. K. Haynes, be, and he is hereby authorized and directed to proceed with negotiations on behalf of the City of Paris to lease property for a new West Side Park, and authorizing and directing the Director of Facilities, Dick Boots, to prepare cost estimates for the construction of a new West Side Park for the City of Paris, was presented. RESOLUTION NO. 94 -109 WHEREAS, it has been brought to the attention of the City Council that the City of Paris has a need for a new park in west Paris; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris for the City to provide a new West Side Park, and staff should be authorized to begin negotiations to lease property for said park, and to obtain cost estimates for the construction of the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that the City Attorney, T. K. Haynes, be, and he is hereby authorized and directed to proceed with negotiations on behalf of the City of Paris to lease property for a new West Side Park; and, BE IT FURTHER RESOLVED, that the Director of Facilities; Dick Boots, be, and lie is hereby authorized and directed to prepare cost estimates for the construction of a new West Side Park for the City of Paris. PASSED AND ADOPTED this 29th day of August, 1994. !�,��► 'Em"m i ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. KaHaynef,�ity Attorney 524 Z, 25 City Manager Malone advised the Council that 'this is an item that Councilwoman McDonald asked him to bring forward, and as you will remember when we issued the Certificates of Obligation we had a variety of proposed projects for funding of parks, and that was a consideration in there, and Councilwoman McDonald wanted to move forward on procurement of a site for the proposed West Paris Park. Councilwoman McDonald said that she and former Councilman Billy Joe Burnett had talked about a walking track for West Paris as West Paris does not have a park. Councilwoman McDonald pointed out that there were a lot of elderly people in West Paris, and felt it would be good for their health. A motion was made by Councilman Bell, seconded by Councilman Jenkins for approval of the resolution. The motion carried 6 ayes, 0 nays. Mayor Shelton congratulated the City Manager and Staff for an excellent job they have done on the budget this year. Mayor Shelton also expressed his appreciation to the Department Heads. Mayor Shelton said they had done a good job giving the citizens of Paris the best you can give for the amount of money that you are receiving. , There being no further business, the meet ng adj r ed D SHELTON, M OR, CITY OF PARIS ATTEST: MAIAIE CUNNINGHAM, CITY CLER 526 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL September 12, 1994 The City Council of the City of Paris met in regular session, Monday, September 12, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. -- Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Councilman Aaron Jenkins. Mayor Shelton declared the public hearing open on the petition of Jim Bell for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to an Office District (0) on Lot 18 -C, City Block 249 located at 815 S. Collegiate Drive. Mayor Shelton called for proponents to appear, and Jim Bell, Real Estate Agent for Gary Tucker, property owner, appeared stating that the Planning and Zoning Commission had denied the zoning change, and said this property is indicative of what is happening in many places in the City of Paris, and that is the property values are changes, or the use of them are changing due to the traffic patterns, in this case the North Collegiate Drive was put through, and we have declared no parking on both sides of Collegiate Drive from South of the High School to the Loop. Mr. Bell said if you had a home there with a driveway that parks two cars, you do not have a place for additional parking, and as residential property, the property has been devalued. Mr. Bell said if the property could have a neighborhood type office environment that they might find a use for it because of the high traffic area, but they did not have a specific purpose for the property at this time, but they need to open up a market for this property. Mayor Shelton called for opponents, and Mr. Curtis Beville, 2810 Clark Lane, appeared presenting two petitions, one with signatures of property owners with in the 200 feet, and one with signatures of property owners that are not with in the 200 feet objecting to the zoning change. Mr. Beville said business use of this property would tend to increase the traffic congestion in the area and would reduce the value of his home for residential purposes. Mr. Beville pointed out the safety factory for the children walking to and from school. Mr. Beville said this was spot zoning, and urged the City Council to deny the zoning change. Thomas Lietz, 870 S. E. 28th, and Mrs. Betty Reed, 675 S. E. 26th also appeared before the Council objecting to the zoning change. No one else appeared, and the public hearing was declared closed. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance. amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to an Office District (0) on Lot 18 -C, City Block 249. A motion 2 '7 was ^made by Councilman Clifford, seconded by Councilman Fulbright to deny the zoning change. The motion carried 7 ayes, 0 nays. Mayor Shelton declared the public hearing open on the petition of Jesse Hall for a change in zoning from a Neighborhood Service District (NS) and a General Retail District (GR) to a Commercial District (C) on Lot 1 and Part of Lot 2, Block 2, Fitzhugh Addition located at 1295 Fitzhugh. Mayor Shelton called for proponents to appear, and Carol Hammond, Attorney, representing the petitioner, appeared before the Council stating that a pawn shop was proposed for this location. Ms. Hammond pointed out that a pawn shops have a bad image, but actually it is one of the most strictly regulated business there is. Ms. Hammond said this property is vacant at this time, and was a former night club, you can drive by there anytime day or night, and there will be people loitering on the street, hanging around the building, getting in trouble basically. Ms. Hammond said that in order for them to-put in a pawn shop it requires a license from the State of Texas, at the time the application is made DPS, and all local law enforcement officials are notified, the other pawn shop owners are notified so that everyone can have a say so in it. The building must be open for inspection at all reasonable times by the police, they can go in and have free access to the business, files, vault, and to the books, and there are strict penalties for refusing that. Mr. Hammond said that in order to open a pawn show Mr. Hall has to have $150,000.00 in assets unincumbered by any type lien. Mr. Hammond urged the Council to consider the zoning change. Mayor Shelton called for opposition, none appeared, and the public hearing was declared closed. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Neighborhood Service District (NS) and a General Retail District (GR) to a Commercial district (C) on Lot 1 and Part of Lot 2, Block 2, Fitzhugh Additional located at 1295 Fitzhugh Avenue. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Neighborhood Service District (NS) and a General Retail District (GR) to a Commercial district (C) on Lot 1 and Part of Lot 2, Block 2, Fitzhugh Addition restricting it to a pawn shop use only, and if anything else, it would to come back before the City Council. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Master Plat of Collegiate Estates. A motion was made by Councilman Clifford, seconded by Councilman Bell to deny the approval of the Master Plat of Collegiate Estates. The motion carried 7 ayes, 0 nays. N - A motion was made by Councilman Clifford approving the Final Plat of Sherman Street Site for the Paris Housing Authority subject to the requirements of the City Engineer. The motion was seconded by Councilman Bell, and carried 7 ayes, 0 nays. A motion was made by Councilwoman McDonald, seconded by Councilman Jenkins approving the Replat of Lot 3, City Block 213 subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. A motion was made by Councilwoman McDonald to table the Replat of Lot 178, City Block 311. The motion was seconded by Councilman Jenkins, and carried 7 ayes, 0 nays. City Attorney Haynes presented the following petitions for rezoning: James Dawson, Part of Lot 8, City Block 307, from Agricultural and Commercial District to Public Lands and Institutions District; Douglas D. Cruise, Lot 13A, City Block 229, from SF -2 District to SF -3 and Specific Use Permit - Mobile Home (39) District. Mayor Shelton referred the petition to the Planning and Zoning Commission for their study and recommendation at their meeting October 3, 1994, and before the City Council October 10, 1994. Mayor Shelton asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone presented the minutes of the Paris Public Library Advisory Board, Paris Economic Development Corporation Board, Paris /Lamar County Board of Health, and Airport Advisory Board with no action being required. City Manager Malone called for consideration of and action on _ authorizing the preparation of an ordinance providing for one - waying traffic in a westerly direction on Martin Luther King, Jr. Drive between the intersection on 6th Street N. E. and 8th Street N. E. between the hours of 7:15 A.M. and 8:15 P.M. and between the hours of 2:00 P. M. and 3:00 P. M. each school day, and advised that this was on the recommendation of the Traffic Commission. City Manager Malone advised the police department has made a recommendation not in favor of this, but the Traffic Commission did recommend that the change be made. City Manager said it would be difficult to enforce such an ordinance having traffic one -way at certain times of the day would cause confusion. After discussing the possible of widening the street, extending Martin Luther King, Jr. Drive, and funding of such, a motion was made by Councilman Clifford, seconded by Councilman Fulbright to table action on this matter, and directed the City Manager to bring this matter to the attention of the school. The motion carried 7 ayes, 0 nays. On the recommendation of the Traffic Commission, a motion was made by Councilman Bell, seconded by Councilman Fulbright authorizing preparation of an ordinance revising Section 31 -65 (b) of the Code of Ordinances revising the Traffic- Control Map providing for a stop sign on 42nd Street at Pine Mill. The motion carried 7 ayes, 0 nays. 529 Joe McCollum, Director of Community Development, presented the minutes of the Planning Zoning Commission's meeting held September 6, 1994, and attached hereto as part of these minutes as Exhibit A. Mr. Wayne Franklin, Roxton, Texas, appeared before the Council regarding the Gibraltar Hotel property. Mr. Franklin said he was interested in re- working the hotel, that he has estimates on the repair, but what he needs from the City of Paris is a building permit. Mr. Franklin told the Council that his plans were to to create 91 retirement suites, 14 hotel rooms, five penthouses, a coffee shop, dining room, delicatessen, kitchens, convenience stores and a parking arage. Mr. Franklin said suites will be paid for in payments of 550.00 a month for seven years, plus a $395.00 monthly maintenance fee, after the seven years there will only be the maintenance fee. Again Mr. Franklin said he needed something from the City that would allow he to go forward with this work. City Manager Malone advised Mr. Franklin to get with Mr. McCollum and Earl Smith to see what would be necessary, and an item would be place on the City Council agenda for the 19th day of September. Ms. Ann Anthony, 1130 24th S. E., appeared before the Council requesting consideration of a claim for sewer damage to her home at 1130 S. E. 24th. Ms. Anthony told the City Council that sewage backed up into her home damaging floors walls and rug. Ms. Anthony said that this effected her breathing and eyes, and she needed help from the City because this was not her fault, that the sewer lines in her home were clear. Zoe Hazlewood, 2955 Carson Lane, also appeared before the Council telling them that several week ago she was walking west on Carson Lane and had just crossed Johnson Woods Drive when a truck came around her and sprayed her with some type of mosquito control spray. Ms. Hazlewood said she had to walk the rest of the way home with the spray on her, and as soon as she go home she showered. Ms. Hazlewood said she called the City Manager's office, he was not available so, she told his secretary who called B. A. Huddleston to see if the Street Department or any other department was spraying. When he determined that no one in the city was spraying, I called the Health Department, and the man in charge was not available, later calling the man at home and told him my problem. Ms. Hazlewood said the main thing she wanted to know is what she had been sprayed with, and did find out that information. Ms. Hazlewood said she was allergic to certain chemicals which produces migraine headaches, and she began having headaches again, had to call the doctor for medication which did help the headaches. Ms. Hazlewood said since taxpayers money is used to spray with, she felt that there is better ways, and also a more effective way by the use of the insecticide than driving down the street and exposing everyone to this spray. This has been a painfully and expensive experience to me, and hope you see fit to use a different method to control the insects in Paris. City Manager Malone announced that the next item on the agenda was consideration of and action on authorizing the preparation of an f Ch ordinance authorizing the "Updated Service Credits" in the Texas Municipal Retirement System. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins authorizing preparation of an ordinance authorizing the "Updated Service Credits" in the Texas Municipal Retirement System. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Section 26 -1 of the Code of Ordinances adding One (1) police sergeant and three (3) police privates. A motion was made by Councilman Clifford, seconded by Councilman Jenkins authorizing preparation of an ordinance amending Section 26 -1 of the Code of Ordinances adding One (1) police sergeant and three (3) police privates. The motion carried 7 ayes, 0-nays. A motion was made by Councilman Bell, seconded by Councilman Fulbright authorizing the preparation of an ordinance amending Section 2 -98 setting the rates for emergency and non - emergency ambulance service. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Bell, seconded by Councilman Clifford setting the public hearing on the proposed annexation of 29.72 acres of land of the proposed Stillhouse Estates Subdivision. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on authorizing preparation of an ordinance amending Sections 21 -54 and 21 -57 of the Code of Ordinances providing for the establishment of a curfew for minors to prohibit minors from being in a public place between the hours of 9:00 A. M. and 2:30 P. M. on school days. Karl Lewis, Police Chief, was present telling the Council that he has received several telephone calls today regarding this matter, and most people are very positive about this. We feel this is a pro- active stance. Mr. Lewis said in the last few months approximately 20% of all of our arrest have been juvenile arrest, so we feel this is a real positive step we can make as a community. It is also one of the objectives of the Texas Police Chiefs Associations. After further discussion, a motion was made by Councilwoman McDonald, seconded by Councilman Fulbright authorizing preparation of an ordinance amending Sections 21 -54 and 21 -57 of the Code of Ordinances providing for the establishment of a curfew for minors to prohibit minors from being in a public place between the hours of 9:00 A. M. and 2:30 P. M. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -035 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING THE TRAFFIC CONTROL MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31 -65 OF SAID CODE; 531 PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 1994 was presented. A motion was made by Councilman Clifford, seconded by Councilman Brown for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -036 AN ORDINANCE ESTABLISHING A MAXIMUM, REASONABLE AND PRUDENT RATE OF SPEED ON CERTAIN PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE CITY OF PARIS; AND PROVIDING FOR A FINE NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING OF AN EFFECTIVE DATE OF OCTOBER 1, 1994 was presented. A motion was made by Councilman Jenkins, seconded by Councilman Brown for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Agenda Item No. 15C, Amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to an Office District (0) on Lot 18 -C, City Block 249, was passed over. ORDINANCE NO. 94 -037 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) LIMITED FOR USE OF A PAWN SHOP ONLY, ON LOT 1 AND PART OF LOT 2, BLOCK 2, FITZHUGH ADDITION, ON PROPERTY BELONGING TO JESSE HALL, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A NEIGHBORHOOD SERVICE DISTRICT (NS) AND A GENERAL RETAIL DISTRICT (GR); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED was presented. a motion was made by Councilman Fulbright, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -038 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, BE AMENDED BY REVISING SECTION 2 -98 OF SAID CODE; PROVIDING FOR THE INCREASE IN AMBULANCE SERVICE RATES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 1994 was presented. A motion was made by Councilman Bell, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -039 0054 AN ORDINANCE SETTING A DATED, TIME AND PLACE FOR PUBLIC HEARINGS BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF PARIS AND THE CITY COUNCIL OF THE CITY OF PARIS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF PARIS, PARIS, TEXAS, AND APPROPRIATE ZONING UPON ANNEXATION, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -040 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SECTIONS 21 -54 AND 21 -57 OF SAID CODE; PROVIDING FOR THE ESTABLISHMENT OF A CURFEW FOR MINORS TO PROHIBIT MINORS FROM BEING IN ANY PUBLIC PLACE BETWEEN THE HOURS OF 9:00 A. M. and 2:30 P. M. ON SCHOOL DAYS; PROVIDING FOR EXCEPTIONS; PROVIDING PENALTIES FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 1994 was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of liquid chlorine for use at the Wastewater Plant and the Water Treatment Plant, and the following bids were presented: Harcros Chemical, Inc. $404.70 Delta Distributors, Inc. $524.00 DPC Industries, Inc. $700.00 A motion was made by Councilman Clifford, seconded by Councilman Brown to award the bid to Harcros Chemical, Inc. in the amount of $404.70 for liquid Chlorine for use at the Wastewater Plant and the Water Treatment Plant. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of liquid alum for use at the Water Treatment Plant, and the following bids were presented: GEO Specialty Chemicals $ 97.83 General Chemical Corporation $ 99.47 Rhone - Pollenc Basic Chemicals $137.25 A motion was made by Councilman Clifford, seconded by Councilman Brown to award the bid to GEO Specialty Chemicals in the amount of $97.83 for liquid alum. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of liquid anhydrous ammonia for use at the Water Treatment Plant, and the following bids were presented: 533 Deport Farm Supply $275.00 DPC Industries, Inc. $590.00 A motion was made by Councilman Clifford, seconded by Councilman Brown to award the bid to Deport Farm Supply in the amount of $275.00 for furnishing and delivery of liquid anhydrous ammonia. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of hydrated lime for use at the Water Treatment Plant, and the following bids were presented: Texas Lime Austin White Lime Austin White Lime Texas Lime $100.70 (Bagged) $106.80 (Bagged) $ 75.00 (Bulk) $ 75.30 (Bulk) On the recommendation of the Director of Utilities, Herb Campbell, a motion was made by Councilman Clifford, seconded by Councilman Brown to award the bid to Texas Lime for both bagged and bulk deliveries. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of Potassium Permanganate for use at the Water Treatment Plant, and the following bids were presented: Harcros Chemical, Inc. $1.33 Tony's Chemical House, Inc. $1.36 DPC Industries, Inc. $1.36 Delta Distributors, Inc. $1.38 Van Waters & Rogers $1.38 Pioneer Chemical $1.60 A motion was made by Councilman Clifford, seconded by Councilman Brown to award the bid to Harcros Chemical, Inc. in the amount of $1.33 per pound. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of sodium silicofluoride for use at the Water Treatment Plant, and the following bids were presented: Tony's Chemical House, Inc. $.245 Van Waters & Rogers $.2675 Delta Distributors $.272 Pioneer Chemical $.285 Harcros Chemical Inc. $.3375 A motion was made by Councilman Clifford, seconded by Councilman Brown to award the bids to Tony's Chemical House, Inc. The motion carried 7 ayes, 0 nays. 534 City Manager Malone called for tabulations of bids for furnishing and delivery of liquid sulfur dioxide for use at the Wastewater Treatment Plant, and the following bids were presented: Harcros Chemicals, Inc. $597.50 DPC Industries, Inc. $700.00 A motion was made by Councilman Clifford, seconded by Councilman Brown to award the bid to Harcros Chemicals, Inc. in the amount of $597.50 per ton. The motion carried 7 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of powdered activated carbon for use at the Water Treatment Plant, and the following bids were presented: Tony's Gas and Chemicals $.395 Van Waters & Rogers $.435 Harcros Chemicals, Inc. $.49 A motion was made by Councilman Clifford, seconded by Councilman Brown to award the bid to Tony's Gas and Chemical. The motion carried 7 ayes, 0 nays. Resolution No. 94 -110, resolving by the City Council of the City of Paris that the bid of Archer - Western Contractors, LTD, for the construction project in the amount of $4,783,965.00, is hereby accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents, was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. 535 RESOLUTION NO. 94 -110 WHEREAS, the City Council of the City of Paris, did in Resolution No. 94- 097 on August 8, 1994 approve the advertisement for bids for furnishing plant, labor, materials and equipment and performing all work required for the "WATER TREATMENT PLANT EXPANSION 92WSRB03 -92" project, which bids were received until 3:00 o'clock P.M., Tuesday, August 23, 1994; and, WHEREAS, the best bid for such construction was made by ARCHER - WESTERN CONTRACTORS, LTD., Arlington, Texas, and it should be awarded the bid for such construction; and, WHEREAS, the form of contract for such construction project attached hereto as Exhibit A, should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid of ARCHER- WESTERN CONTRACTORS, LTD, for the construction project in the amount of $4,783,965.00, is hereby accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid docu vents; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and lie is hereby authorized and directed to execute on behalf of the City of Paris the contract with ARCHER - WESTERN CONTRACTORS, LTD for "WATER TREATMENT PLANT EXPANSION 92WSRB03 -92" project, upon the terms and conditions and in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 12th day of September, 1994. i ATTEST: Mattie Cunningham, City rk APPROVED AS TO FORM: T. K. aynes, ity Attorney SEP- 06-1'?94 14:-37, FROM 13WR- DPLLP'_ , TX AGREEMENT TO PARIS -EPPL P.05 THIS AGREEMENT is dated as of the 12th day of September in the year 1994 by and between Citti of Paris, Paris, Texas, (hereinafter called OWNIER) and Archer - Western Contractors, L'I'D. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. . WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Water Treatment Plant Expansion. VOL. I - EXPANSION The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Construction of plant expansion facilities from its current capacity of 18 million gallons per day (MGD), to a total of 36 MGD including two additional flo(xmlation- sedimentation basins, four dual -media filters, filter gallery, bulk chemical feed facilities, three 5,600 gpm treated water transfer pumps, rehabilitating the two existing flocculation- sedimentation basins and six existing filters and related sitework, roadways and buildings, together with piping and all necessary appurtenances, and shall complete interface, be connected with, and function and be cr)mplete and ready to operate with computer based controls and instrumentation system included as part of another contract: Water Treatment Plant Expansion, VOL. It - CONTROLS AND INSTRUMENTATION. Article 2. ENGINEER The Project has been designed by -City Engineer. City of Paris, Paris, Texas, or his authorized representative, who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documcitts in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work for the new construction will be substantially completed within 365 calendar days and the work for the rehabilitation of the existing filters and existing flocculation/sedimentation basins will be substantially complete in an addition 180 days after the date when the Contract T'imc commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of General Conditions within 580 calendar days from the date when the Contract Time commences to run 3.2 Liquidated Damages EXHIBIT A 537 SEP -09 -1994 14:18 FROM ewP- DALLAS.T`< TO PAP. I S-EAPL P.06 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Three Htmdred Dollars ($ 3U(_ ).00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thercol' granted by OWNER, CONTRACTOR shall pay OWNER Three Hundred Dollars (S 30).00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 5 PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the last day of each month during const action as provided below. All Progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payment-, will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Article 14.7 of the General Conditions. Ninety Five Percent (95%) of Work Completed. Ninety free Percent (95%) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.12 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to ninety -five percent (95%) of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold. in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of General Conditions, OWNER shall pay the remainder of the Contract MCC as recummerrded by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST No interest will be paid to the CONTRACTOR on retained money unless required by law. 23 SEP- 08 -19'?4 14!33 FPON BIJP- DHLLH- - T;; TO Article 7. CONTRACTOR'S REPRESENTATIONS 538 PARI'SI -EPPL P.07 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extend of the Contract Documents, Work, site locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing the Work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 42 of the General Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to reply. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests. reports and studies (in additions to or to supplement those refereed to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, testes, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed. and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTMACTOR in order to perform and furnish the Work at the Contract Price. within the Contract 'Time and in accordance with the other terms and conditions of Contract. Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. - 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CON"T ACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR Article 3. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the follow: 24 3 SEP -09 -19,34 14: S9 FROM BtxIR- DALLP'S. T:"< TO 8.1 This Agreement (pages 22 to 28, inclusive). 3.2 Exhibits of this Agreement (pages to , inclusive). FARIS -EAFL P. 013 3.3 Performance and other Bonds, identified as exhibits N/A and consisting of pages. 8.4 Notice of Award. 3.5 General Conditions ( pages 1 to 42 , inclusive). 8.6 Supplementary Conditions (pages SC1 to SC9 and wage rate pages TX930047 -1 thru TX930047 -4, inclusive)_ 8.7 Specifications hearing the title Water Treatment Plant Bxmansion - Vol I: Expansion and consisting of 16 divisions, as listed in the table of contents thereof. 8.8 Drawings, consisting of a cover sheet and sheets numbered G1 through E6 ,inclusive with each sheet bearing the following general title: Water Treatment Plant Expansion. 8.9 Addenda numbers 1 to 6_, inclusive. 8.10 CONTRACTOR's Bid (pages 8 to 18A . inclusive) marked exhibit NIA. S. t 1. Documentation submitted by CONTRACTOR prior to Notice of Award (pages N/A to N/A , inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agjeement and are not attached hereto: All written Amendments and other documents amending, modifying. or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions, 8.13 The documents listttl in paragraphs 8.2 et seq. above are attached to this Agreement (except- as expressly noted otherwise). There are no Contract Documents other than those listed above in this Article S. The Contract Documents may only be amended, modified or supplemented wt provided in paragraph~ 3.4 and 3.5 of the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of" the party sought to be bond; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extend that the affect of this rerniction may be limited by law), and unless specifically 540 SEP -08 -1994 14:40 FROM BWR- DALLAS,T;; TO PARIS -EARL P.09 stated to the contrary in any written consent to an assignment no assignment will release or clischar ;e the assignor from any dory or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successor, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covcnants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS NONE 26 541 SEP- 478 -1994 14:-30 FROM 9xiP.- E1ALLAS, T'X TO PAP IS -EARL P.10 IN WITNESS WHEREOF, OWNER and CONTRACTOR Lave signed this Auccment in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on . 1994. OWNER CITY OF PARIS CONTRACTOR (type business n.une) BY Don Shelton, Mayor (CORPORATE SEAL) Attest Mattie Cunningham City Clerk Address for giving notices P. 0. Box 9037 Paris. Texas 75461 -9037 Approved at%p farm: T.K. Haynes, City Attorney 27 BY (type signature name) (CORPORATE SEAL) Attest Address for giving notices License No. Agent for service of process: SEP -08 -1994 14: 41 FROM BWR- DALLAS, T;�; STATE OF TEXAS § COUNTY OF LAMAR 542 TO PARIS -EARL P.11 BEFORE ME, this undersigned authority, on this day, personally appeared Don Shelton. Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoin- instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1994, STATE OF TEXAS a COUNTi' OF.LAMAR day of Notary Public, State of Texas Printed Name: sVly commission expires: BEFORE ME. this undersigned authority, on this day personally appeared of known to me to be the person(s) whose names) is/are subscribed to the foregoing instrument, and m acknowledged to me that he/she /they executed the sae for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER N Y HAND AND SEAL OF OFFICE this day of 1994. Notary Public. State of Texas Printed Name: My commission expires: A motion was made by Councilman Bell, seconded by Councilman Fulbright to table action on approving the form of the lease and authorizing the execution of the same for property to be used for the West Paris Park and adopting the plan for improvement of the same. The motion carried 7 ayes, 0 nays. Resolution No. 94 -111, authorizing and directing the City Manager of the City of Paris Michael E. Malone to execute on behalf of the City of Paris the Grantee Acceptance Notice for the Law Enforcement /Detection /Apprehension Grant No. SA- 95 -TOl -08004 in the amount of $101,000.00, was presented. A motion was made by Councilman Bell, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. 543 RESOLUTION NO. 94 -111 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -079 authorize an application to be made to the Office of the Governor, Automobile Theft Prevention Authority for the AUTOMOBILE THEFT PREVENTION GRANT PROGRAM, grant; and, WHEREAS, the Office of the Governor has issued its Grant Award, entitled, "Law Enforcement /Detection /Apprehension ", No. SA- 95 -TO1- 08004, for the year beginning September 1, 1994, ending August 31, 1995, in the total amount of $101,000.00 with no matching funds; and, WHEREAS, acceptance of the same must occur within thirty (30) days of the date of said award which occurred on August 31, 1994; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of Paris accept said Grant Award for the City of Paris Police Department's participation in the Automobile Theft Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the Grantee Acceptance Notice for the Law Enforcement /Detection /Apprehension Grant No. SA- 95 -TO1- 08004, in the form of Exhibit A attached hereto. PASSED AND ADOPTED this 12th day of September, 1994. _. ATTEST: Mattie Cunningham, City Cle APPROVED AS TO FORM: T. K. iaynes, City Attorney Arm W. RICHARDS Governor State of Texas GRANTEE ACCEPTANCE NOTICE AGREEMENT: That whereas City of Paris , he�iafter referred to as Grantee, has heretofore submitted a grant application to the Governor's Office, St; of Texas, entitled Law Enforcement /Detection /Apprehension , an irther identified by grant number SA- 95 -TO1 -08004 ; and Wnereas, the Governor of the State of Texas has approved the grant application as evidenced by the Statement of Grant Award from the Governor's Office dated AUG 3 1 t94d which contained certain special requirements; and Whereas, the Grantee desires to accept the grant award, the Uniform Grant and Contract Management Standards, and special requirements as evidenced by the Statement of Grant Award; Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniform Grant and Contract Management Standards and special requirements in the grant application and the Statement of Grant Award as evidenced by the agreement, executed by the project director, the financial officer, and the official authorized to sign the original grant application, or the official's successor, as presiding officer of and on behalf of the governing body of this grantee; and Now, therefore, the Grantee shall designate either the project director or the financial officer to coordinate and be solely responsible for submission of adjustments pertaining to both program and financial elements of the application, and the POSITION authorized to submit adjustments is W. E. Anderson NON- LOBBYING CERTIFICATION: We, the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or the passage or defeat of any legislative measure. A finding that a grantee has violated this certification shall result in the immediate termination of funding of the project and the grantee shall not be eligible for future funding from the Governor's Office, Crime -nal Justice Division. Cei ed By: Signature of Project Director Karl Louis, Chief of Police Name & Title(must print or type) 811 Bonham Official Agency A ress(street or post office box) Paris, TX 75460 (9.03) 785 -7511 ity /Zip Code/Telephone Number Date: September 12, 1994 Signature of Financial Officer W. E. Anderson Director Qf Finance Name & Title(must print or type) P Box 9037 ficial Agency Address(street or post office box3 Paris. TX 75461 (903) 7R9 -7511 City /Zip Code/Telephone Number Signature of ut orize Official Michael E. lialone ame & Title(must print or type P. 9, Box 9037 6_170T Agency A ress (street or post o ice x PAri:s TX 75461 .03) 785,7511 City/Zip o (9 Code/Telephone one umber EXHffUA . Resolution No. 94 -112, joint resolution resolving that the appointment of Dr. Glenn W. Dunnington as a member of the Paris -Lamar County Board of Health, to serve the unexpired term of Dr. Theodore McLemore, which ends December 31, 1994 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. 545 RESOLUTION NO. 94 -112 ,JOINT RESOLUTION NO. WHEREAS, there exists a vacancy on the membership of the Paris -Lamar County Board of Ilealth clue to the resignation of Dr. Theodore McLemore, and it is necessary to appoint his successor, and the Mayor of the City of Paris, Don Shelton, having appointed Dr. Glenn W. Dunnington to serve the unexpired term of Dr. Theodore McLemore, which ends December 31, 1994, and has submitted the name of such person to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CI'T'Y COUNCIL OF THE CITY OF PARIS, AND THE COUNTY OF LAMAR, that the appointment of Dr. Glenn W. Dunnington as a member of the Paris -Lamar County Board of Health, to serve the unexpired term of Dr. Theodore McLemore, which ends December 31, 1994, is by the City Council of the City of Paris hereby approved and confirmed. PASSED AND ADOP'T'ED this l2th day of September, 1994. Don Shelton, ayor ATTEST: Mattie Cunningham, City Cl rk APPROVED AS TO FORM: T. K. Haynes, City Attorney APPROVED by the Commissioners Court of Lamar County, Texas, by adoption of the above Resolution on the day of , 1994, as reflected in Book , Page , of the Minutes of said Commissioners Court. Deane Loughmiller, County Judge, Lamar County, Texas ATTEST: Kathy Poole, County Clerk APPROVED AS TO FORM: Tom Wells, County Attorney 546 Resolution No. 94 -113, resolving by the City Council of the City of Paris, that the proposal of the Lamar County Appraisal District for tax assessment and collection services is hereby accepted, and that the Mayor of the City of Paris, Don Shelton, be and he is hereby authorized and directed on behalf of the City of Paris to execute the contract for Assessment and Collection Service between the City of Paris and Lamar County Appraisal District, was presented. A motion was made by Councilman Brown, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. 547 RESOLUTION NO. 94 -113 WHEREAS, the City of Paris has need for tax assessment and collection services and the LAMAR COUNTY APPRAISAL DISTRICT has made a proposal for said services; and, WIIEREAS, it is deemed to be in the best interest of the City of Paris that such Contract for Assessment And Collection Service in the form of Exhibit A attached hereto and made a part hereof be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the proposal of the LAMAR COUNTY APPRAISAL DIS'T'RICT for tax assessment and collection services described in Exhibit A attached hereto, be, and the same is hereby, accepted; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby, authorized and directed on behalf of the City of Paris to execute the Contract For Assessment and Collection Service between the City of Paris and LAMAR COUNTY APPRAISAL DISTRICT, attached hereto as Exhibit A. PASSED AND ADOPTED this 12th day of September, 1994. ky - Don Shelton, Mayor AT'T'EST: t'<� % ^(N al�m ) Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney 5 4 S CONTRACT FOR ASSESSMENT AND COLLECTION SERVICE STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } THAT, the City of Paris, Paris, Texas, acting by and through its Mayor, Don Shelton, duly authorized, hereinafter called CITY and Lamar County Appraisal District, acting by and through its Chairman, Alan Weatherford, duly authorized, hereinafter called LCAD do hereby contract and agree as follows: 1. PURPOSE Pursuant to the authority granted by Section 6.24, Texas Property Tax Code, and V.T.C.A. Government Code Chpt. 791, the parties agree that LCAD will assess and collect ad valorem taxes on behalf of CITY, according to the terms and conditions recited herein. 2. TERMS 1) This contract shall become effective on the 1st day of October, 1994, and shall continue in full force for each fiscal year thereafter and remain in effect until such time as either party delivers written notice of termination, such notice to be given no later than July 1 of the calendar year in which the contract is to terminate, said fiscal year shall begin on the I st day of October and end on the 31 st day of September. 2) In the event of expiration of this contract, LCAD shall furnish to CITY duplicates of all records kept in connection with the collection of CITY's ad valorem taxes, so as to enable CITY to proceed to collect those taxes and applicable penalties, interest and costs. Such records information to be delivered to CITY no later than the 1st day of August of the year of termination and LCAD will continue to update such information as such becomes available through the last day of such termination fiscal year. CONTRACT FOR ASSESSMENT AND COLLECTION SERVICE . Page I EXHIBIT A .r 549_ 3. SERVICES TO BE PERFORMED 1) LCAD agrees to prepare and timely mail all tax statements; provide monthly collection report to CITY; prepare tax certificates; develop and maintain current and delinquent tax rolls for CITY; and develop and maintain such other records and forms as are necessary or required by Law or State rules and regulations. LCAD agrees to make available to the CITY full information about the operation of LCAD and to promptly furnish written, reports reasonably necessary to keep the CITY advised of all financial information affecting it. 2) CITY agrees to promptly notify LCAD of the adoption of any exemption not automatically imposed by the Law. Further, CITY will promptly notify LCAD of the adoption of any other provision under Law which would affect the assessment or collection of taxes for CITY. 3) The parties agree that the LCAD shall adopt CITY policy of not allowing a discount for early tax payment or the split payment of taxes. The parties further agree, and CITY expressly approves that the Chief Appraiser, in his capacity as tax collector for CITY, may adopt a policy of accepting partial payments of ad valorem taxes. Such policy shall include a provision to accept payment of taxes imposed on a property by a taxing unit separate from taxes imposed on that property by any other taxing unit that contracts with LCAD for collection services. Such policy shall also include a provision to accept partial payments of property taxes under the following conditions; (1) the property taxes are delinquent; (2) the property owner can prove financial inability to pay the taxes in full; and (3) the property owner enters into a payment agreement with LCAD. CONTRACT FOR ASSESSMENT AND COLLECTION SF.RVI E - P&gc 2 550 4. DEPOSIT OF COLLECTION RECEIPTS 1) The taxes collected and receipted by LCAD for CITY shall be deposited by LCAD into a depository and account designated in writing by CITY. Such deposits shall be made three times per week during the term of this contract or any extension thereof. 5. DELINQUENT TAX COLLECTIONS 1) CITY agrees to deliver or make available to LCAD all delinquent tax records necessary for the performance of the assessment and collection duties herein specified. CITY herein expressly agrees to assume all costs required to furnish such records. 2) The parties agree that CITY shall retain authority to contract with legal council to enforce the collection of delinquent ad valorem taxes for CITY's delinquent accounts. The parties further agree that the CITY's legal council shall have responsibility for all enforced delinquent collections including but not limited to foreclosure of tax liens, judgment and sale of property. 3) LCAD shall make the delinquent tax records available to CITY's delinquent tax collection attorney on or before July 1 of each year this contract remains in affect. All costs associated with records transmitted and enforced delinquent collection shall be payable by the delinquent tax collection attorney. 4) Fees payable to the delinquent tax collection attorney, as provided by Section 33.07 and 33.48, Texas Property Tax Code, as amended, shall be payable by CITY with all bills for delinquent tax collection attorney's fees being submitted to CITY for payment. CONTRACT FOR ASSESSMENT AND COLLECTION SERVICE - Page 3 55� 6. REFUNDS LCAD shall provide periodic reports of all refunds issued on behalf of CITY. CITY herein expressly grants LCAD authority to designate an "auditor" for the purpose of functions described under Section 31.11, Texas Property Tax Code and authorize LCAD to make refunds in amounts not to exceed $500.00. CITY shall retain authority to approve refunds in amounts that exceed $500.00. 7. PAYMENTS 1) CITY shall make payments to LCAD for the performance of the services specified herein in accordance with EXHIBIT "A" attached hereto. Payment, for all years this contract remains in effect, shall be made in four equal payments to be made at the end of each calendar quarter, and the first payment shall be made before the first day of the fiscal year in which the budget takes effect. 2) In the event that payments received in any one year exceed the actual cost of providing services pursuant to this contract, LCAD shall either reimburse CITY or credit future payments to be made by CITY to the extent of excess funds. 3) Reimbursements or credits shall be distributed in the same pro rata share as payments were made in the year in which payments exceed actual costs. 4) The parties agree that other taxing units may contract with LCAD for tax collection services. The parties further agree that costs shall be allocated to participating taxing units on a per current collection account basis. 5) Should CITY fail to adopt its tax rate by August 31st of the tax year or if CITY's adopted tax rate is rolled back, any additional costs that may be incurred by LCAD shall be strictly accounted for by LCAD and shall be payable by CITY upon CONTRACT FOR ASSESSMENT AND COLLECTION SERVICE - F►dc 4 submission of the accounting by LCAD. Additional costs may include but are not limited to, additional publications, notices, late or separate tax bill processing, issuance of corrected tax bills, tax refunds, or any other required functions. 8. BUDGET ADOPTION Each year, LCAD shall prepare a proposed collection budget for the following year and must submit a copy of the proposed collection budget to the presiding officer of the CITY on or before June 15. LCAD shall hold a public hearing to consider the budget and shall deliver written notice of the date, the time and place of the hearing not later than the 10th day before the date of the hearing. LCAD shall complete its hearing and finally approve a budget before August 15. If governing bodies of a majority of the taxing units participating in a collection contract with LCAD adopt resolutions disapproving a budget and file them with LCAD within thirty (30) days after its adoption, the budget does not take effect and LCAD shall adopt a new budget within thirty (30) days of the disapproval. 9. BONDING LCAD agrees to provide a surety bond covering LCAD's Chief Appraiser, acting in his capacity as tax assessor - collector for CITY, and all employees of LCAD engaged in the collection, receiving and disbursement of moneys on behalf of CITY, securing their faithful performance of their duties. Said bond shall be in an amount of at least $100,000.00. 10. AUDIT LCAD shall provide for an annual independent audit of its expenditures and of taxes collected as provided by this contract. Such accountant shall be authorized and directed to report directly to CITY's governing body. CONTRACT FOR ASSESSMENT AND COLLECTION SERVICE - Page 5 553 11. NO LIABILITY CLAUSE LCAD shall not be liable to CITY because of any failure to collect taxes nor shall the Chief Appraiser be liable unless the failure to collect results from a failure on his part to perform, in good faith, the duties imposed upon him by Law or by this contract. Also, there shall be no liability of LCAD to CITY for any of its actions unless said actions involve collusion, fraud, malfeasance, or gross negligence. 12. NOTICES Any written notice required or permitted under the terms of this Agreement shall be given and be deemed to have bene duly served if either (1) delivered in person to the designated representative of the party for whom it is intended, or (2) deposited first class mail, postage prepaid in the United States mail, addressed to the respective parties, as indicated below: LCAD CITY Joe Welch W. E. Anderson Chief Appraiser Assessor /Collector Lamar County Appraisal District City of Paris P. O. Box 400 119 N. Main Street Paris, TX 75460 Paris, Texas 75460 13. SEVERABILITY If any term or provision of this Agreement shall be declared unconstitutional or void by any court of competent jurisdiction, the constitutionality and validity of the remainder of said Agreement shall not be affected thereby, and to this end the terms and provisions of said Agreement are declared to be severable. CONTRACT FOR ASSESSMENT AND COLLECTION SERVICE - Page 6 14. RELATIONSHIP OF PARTIES Nothing contained in this Agreement shall be deemed or construed to create the relationship of principal and agent, partnership, joint venture, landlord and tenant, or any relationship or association whatsoever between CITY and LOAD, other than as expressly set forth herein. THIS AGREEMENT is executed this 12th day of September, 1994, pursuant to enabling resolution adopted by the governing body of each party. CITY OF PARIS, PARIS, TEXAS ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney ATTEST: Bobby Smallwood, Secretary Don Shelton, Mayor LAMAR COUNTY APPRAISAL DISTRICT Alan Weatherford, Chairman CONTRACT FOR ASSESSMENT AND COLLECTION SERVICE - Page 7 Resolution No. 94 -114, authorizing and directing the City Manager of the City of Paris, Michael E. Malone, to execute on behalf of the City of Paris the agreement with Innovative Systems Group for the computer program software for the Municipal Court, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins approving the resolution. The motion carried 7 ayes, 0 nays. 565 RESOLUTION NO. 94 -114 WIIEREAS, the City Council has been made aware of the Municipal Court's need for computer program software to operate on the AS400 system which is currently installed at City Hall and which will be installed at the Municipal Court within the next few weeks, and the City of Paris is agreeable to accepting such service; and, WIIEREAS, in order to receive such service, it is necessary for the City of Paris and the Municipal Court to enter into an Agreement with Innovative Systems Group for computer program software; and, WIIEREAS, the form of agreement for such service attached hereto as Exhibit A should, in all things, be approved, and City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that the contract between the City of Paris and Innovative Systems Group for computer program software to operate on the AS400 system for the Municipal Court is hereby accepted conditioned upon said computer program software meeting all of the terms and conditions included in the agreement attached hereto as Exhibit A; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute on behalf of the City of Paris the agreement with Innovative Systems Group for the computer program software in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this l2th day of September, 1994. Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, Attorney 556 AGREEMENT F'C►R SERV =CES 'Y'H= S AGREEMENT made by and between The City of Paris, VC v,S %rx hereinafter referred to as "The City" and Innovative Systems Group, hereinafter referred to as "Vendor ", in consideration of the mutual promises and subject to the terms and conditions set for herein, is as follows: The vendor and The City agree that the following terms and conditions shall govern in all cases when the Vendor furnishes assistance to the City in the installation, maintenance, and use of data processing products and systems. A. Services This agreement shall cover all assistance in the installation, maintenance, and use of data processing products and systems by the Vendor for the implementation of municipal court software system. The vendor will work through an MIS assigned software support person to accomplish all services with the City. The vendor agrees to provide the following: 1. Munici! 2. Source 3. 2 days 4. Twenty 5. Defect 6. User's oal Court Software object Code Code used for object creation of on -site training hours of software customization Support for 1 year Manual B. Compensation The cost for base Municipal Court System is $7,500.00 The city agrees to pay fifty percent ($3,750.00) upon acceptance of this contract at which time the vendor will begin installation. Vendor agrees to complete installation and training on or before 60 days of acceptance of this contract. After the system has been operable for 30 days without major interruption, the remaining fifty percent ($3,750.00) will be paid to the vendor. The City agrees to pay submitted invoices within 10 working days of receipt of said invoice. If the city fails to pay said invoice within the 10 day period, the city agrees to pay a penalty of ten percent of the invoice amount. I-n the event of a disputed invoice, City shall notify vendor in writing of the specific nature of .,the. dispute. The City shall not be obligated to pay the invoice in dispute until. - said invoice has been satisfactorily resolved by both,.parties. Any - compensation in excass of the sums set forth herein ''can =be ►. authorized only by written supplemental agreement executed by both parties. EXHIBIT A 557 C. Custom Programming Any additional programming exceeding the scope of this project will be performed at a cost of fifty -five dollars ($55) per hour. Costs for programming of specific changes along with redefining the scope of the project, will be defined in a system change request hereinafter referred to as an "SCR ". In the event the Vendor comes to believe that the cost of performing the services might exceed the sums set forth by an assigned SCR, the Vendor shall immediately notify the City. The parties will then mutually develop an agreement either to modify the scope or to execute a written supplemental agreement increasing the compensation to be paid to the Vendor. D. Additional Training Additional training will be offered at a cost of twenty -five dollars ($25) per hour. E. Fixes For a period of twelve (12) months after acceptance of the system, the Vendor will correct all errors found by the City. Such corrections shall be in process and if possible, completed, within twenty four (24) hours after their discovery, and shall be at no cost to the City. Vendor will make available a maintenance contract to cover said software at the end of the warranty period for a price of $1,275.00 annually. F. source Availability and Access The Vendor agrees to furnish to the City, upon request and without charge, a single copy of the source code used in the preparation of the package, made current to the date of delivery. G. Right Upon Orderly Termination Upon termination of this contract each party shall immediately return to the other all materials, with the exception of, software and source code used for the execution of this contract. In addition, each party will assist the other party in orderly termination of this contract and the transfer of all aspects hereof, tangible and intangible, as may be necessary for the orderly, non - disrupted business continuation of each party. I :=F-A= H. Confidentiality Each party acknowledges that all material and information which has or will come into the possession or knowledge of each in connection with this contract or the performance hereof, consists of confidential and proprietary data. The disclosure to or use by third parties will be damaging. Both parties, therefore, agree to hold such material and information in strictest confidence, not to make use thereof other than for the performance of the contract, to release.it only to employees requiring such information, and not to release or disclose it to any other party. I. Rights to Programs Both parties agree that the vendor shall have the right to sell the programs without restriction. J. consequential Damages Neither party shall be liable to the other party for any indirect, special, or consequential damages for an amount greater than the total price paid for the software. R. Entire agreement This contract constitutes the entire agreement between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations and undertakings are superseded hereby. L. Governing Law Any dispute under this agreement hall beu °a- e c , rdV�ti �, V Ba kQa�� M. Authority � Each party has full power and authority to enter into and perform"` this contract, and the person signing this contract on behalf of each has been properly authorized and empowered to enter into this contract. Each party further acknowledges that it has read this agreement, understands it, and agrees to be bound..by it. N. Employee Solicitation Both parties recognize and acknowledge that employees who are engaged in electronic data processing activities possess special and unique technical talents which are in great demand in the present economy and further recognize and acknowledge that each party has incurred substantial expense in recruiting and training such employees and incur even greater expenses if required to replace any such employee. Therefore, in the event either party employs, either directly or indirectly, a present employee of the other party, or within ninety (90) days of his or her date of termination, employs a former employee of the other party, the hiring party does hereby agree to reimburse the other party in an amount equivalent to six (6) times the gross compensation paid to said employee by the other party for the last thirty (30) day period during which time said employee was employed by the other party. Both parties agree that said reimbursement is a reasonable equivalent of the other party's losses. Both parties agree that this provision shall only relate to employees and former employees of the city and the Vendor who are or were employed by the specific branch of the Vendor and the specific office of location at which such employee performed services. Z N W = TH E S S WHERE ©E ,, the parties hereto, intending to be legally bound and acting through their authorized representatives, have executed this Master Agreement as of the following date: C=TY OF PARIS �P��fiaS By Michael E. Malone Title City Manager Date September 12, 1994 .,k.r R /CON SULTANT By Title Date =35M Resolution No. 94 -115, appointing Pamela W. Campbell, as a member of the Traffic Commission to serve the unexpired term of Kaye Hughes, which ends June 30, 1996, was presented. A motion was made by Councilman Clifford, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. t RESOLUTION NO. 94 -115 WHEREAS, there exists a vacancy on the membership of the TRAFFIC COMMISSION due to the resignation of Kaye Hughes, and it is necessary to appoint her successor, and the Mayor of the City of Paris, Don Shelton, having appointed Pamela W. Campbell to serve the unexpired term of Kaye Hughes, which ends June 30, -1996, has submitted the name of such person to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the appointment of Pamela W. Campbell, as a member of the TRAFFIC COMMISSION to serve the unexpired term of Kaye Hughes, which ends June 30, 1996, is, by the City Council of the City of Paris, hereby approved and confirmed. PASSED AND ADOPTED this 12th day of September, 1994. ATTEST: Mattie Cunningham, City CI k APPROVED AS TO FORM: T. K. Hayne ity Attorney Resolution No. 94 -116, ratifying the contract with RX Direct for mail order pharmacy services, and authorizing and direction Gene Anderson, Director of Finance of the City of Paris to execute such agreement, was presented. A motion was made by Councilman Jenkins, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. 561 RESOLUTION NO. 94 -116 WHEREAS, the City Council of the City of Paris is desirous of obtaining mail order pharmacy services for City of Paris employees which will reduce the cost of medication for them and will save both the City and its insurance fund money; and, WHEREAS, Gene Anderson, Director of Finance of the City of Paris, did, on the 4th day of August, 1994, execute a contract for such mail order pharmacy services with Rx Direct; and, WHEREAS, it is in the best interest of the City of Paris and its employees that the contract, attached hereto as Exhibit A, be, in all things, approved and ratified; NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the contract with Rx Direct for mail order pharmacy services, in the form attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the execution of the contract attached hereto as Exhibit A with Rx Direct by Gene Anderson, Director of Finance of the City of Paris, on the 4th day of August, 1994, be, and the same is hereby, ratified. PASSED AND ADOPTED this 12th day of September 1994. Don Shelton, M or ATTEST: Mattie Cunningham, City Clerk APPROVED A5(TO FORM: -w Haynes, Q,' f Attorney 562 MAIL ORDER PHARMACY SERVICES AGREEMENT This Agreement is effective as of August 4, 1994, between RX DIRECT, INC., 2307 Clarksville, Paris, Texas 75460, ( "Rx Direct ") and City of Paris, 150 SE 1st,: Paris, Texas 75460, ( "Sponsor ") (sometimes hereinafter called the parties "). In consideration of their mutual undertakings, the parties hereby agree as follows: 1. DEFINITIONS A) `Average Wholesale Price" ( "AWP ") is the then current price for a prescription drug as listed in a pharmaceutical industry pricing guide of Rx Direct's choice, including but not limited to the Medi -Span Prescription Pricing Guide, including supplements based on units of 100 for tablets and capsules, pints for liquids and actual package size for all other items. B) "Co- Payment" ( "Co- Payment ") shall mean that portion of 'the cost of the prescription paid directly by a Participant, the amount of which is set forth in Paragraph 5 of this Agreement. C) "Dispensing Fee" ( "Dispensing Fee ") shall mean the amount payable by the Sponsor for each prescription dispensed by Rx Direct to a Participant, the amount of which is set forth in Paragraph 5 of this Agreement. D) "Mail" shall mean to deliver to the United States Post. Office for first class delivery in a properly addressed envelope or package, with sufficient postage paid or to United Parcel Service or similar carrier selected by Rx Direct in its sole discretion. E) "Participants" ( "Participants ") shall mean those individuals whose names are included on a list of Participants fiurnished to Rx Direct by the Sponsor in a mutually agreeable form F) "Prescription" or "prescription order" shall mean a valid and legal order to dispense a prescription drug under all applicable statutes and regulations of the United States, (including the Food and Drug Administration) and the state and local jurisdiction in which the dispensing facility is located, such order being authorized by a person legally qualified to do so. Such terms shall not include (i) appliances, devices; bandages, heat lamps, braces, splints, artificial appliances, health and beauty aids, cosmetics, dietary supplements, iajectables, (ii) drugs required by law to' be labeled: "Caution - Limited by 5a- Federal law to Investigational Use" and (iii) experimental drugs not approved by the Food and Drug Administration. G) "Prescription drug or medication" shall mean drugs and biologicals which can be dispensed only pursuant to a prescription order and which, by law, are required to bear the legend "Caution - Federal Law Prohibits Dispensing Without Prescription ". H) "Generic Drug" means the chemical and generic name as determined by the United States Adopted Names Council (USANC) and accepted by the Federal Food and Drug Administration (FDA), of.those drug products having the same active ingredients as a drug product presented by its trade or brand name. 2. RX DIRECTS SERVICES Rx Direct shall dispense prescription drugs to Participants in accordance with this Services Agreement and any written directions provided to Rx Direct by the Sponsor, provided that such written directions from the Sponsor do not conflict with the agreements set forth herein. If such written directions conflict with this Services Agreement, then such written directions must be agreed to in writing by both the Sponsor and Rx Direct. 3. RX DIRECTS UNDERTAKINGS A) Rx Direct shall operate a mail order pharmacy in accordance with all applicable statutes and regulations of the jurisdiction in which the dispensing facility is located and shall dispense only those prescriptions written and complying with applicable legal requirements. B) Rx Direct shall dispense prescription drugs to Participants in accordance with this agreement and any written direction, which shall be provided to Rx Direct by the Sponsor. C) Rx Direct shall dispense a new or refill a prescription upon receipt of a valid prescription or refill order for any Participant and shall deposit the filled prescription in the mail in an envelope, with postage prepaid, properly addressed to Participant's address as last provided to Rx Direct by Sponsor or as appearing on the face of the order form. Rx Direct shall not be liable for any delay in delivery, either to the Sponsor or Participant. D) Rx Direct shall dispense drugs in quantities up to a 100 -day supply, subject to limitations imposed on controlled substances and to limitations specified in the prescription. E) Rx Direct will fill new and refill prescription using generic drugs as provided by law, unless a specific brand -name drug is requested by Participant. �-J X64 F) Rx Direct shall maintain required information ( "profiles ") on all Participants, beginning with the first prescription received for each Participant. Such profiles shall include, but shall not be limited to, a history of all drugs dispensed for a period to coincide with the then current term of this Agreement, drug interaction and allergy information as provided to Rx Direct by the participant at the time the first prescription is filled or at any time thereafter, and any other information deemed important by Rx Direct or mutually agreed upon by the Sponsor. Rx Direct shall keep records of all prescriptions filled for Participants for five (5) years after the date of filling such prescriptions or such a longer period as may be required by Federal or State law. G) Rx Direct shall provide management reports to the Sponsor pertaining to the services provided under this Agreement in a form and at intervals to be mutually agreed upon by Rx Direct and the Sponsor. Rx Direct shall not be required to funish any information to Sponsor which violates the Participant's right to privacy with regard to the types of drugs being dispensed to any individual participant. Rx Direct will not be responsible for fir nishing such information unless they have a waiver and release form signed by the Participant in question authorizing release of such information to the Sponsor. 4. SPONSOR'S UNDERTAKINGS A) Sponsor shall make every reasonable effort to promote the use of Rx Direct's mail order pharmacy service by Participants. B) Sponsor shall furnish Rx Direct a list of the names, identification numbers, addresses, telephone numbers, or other information regarding Participants' as mutually agreed upon by Rx Direct and the Sponsor. Such list shall be revised by the Sponsor as often as necessary, in the Sponsor's sole discretion, to maintain it in a current status. C) Sponsor shall permit Rx Direct to meet with and otherwise communicate directly with prospective Participants concerning the mail order pharmacy service in a reasonable manner and at various times to be mutually agreed upon by Rx Direct and the Sponsor, in order to promote the use of Rx Direct's services. 5. PRICE FOR SERVICES Rx Direct shall dispense prescription drugs to Participants at the following price to the . Sponsor and Participants: A) The AWP at the time a prescription is filled, less 9% for brand names and less 25% for generic drugs; plus 3 B) Any notices required under the terms of this Agreement shall be effective if in writing and delivered by hand (against receipt) or delivered by certified mail, return receipt requested, to the other party at the address shown above. C) Sponsor shall have access, at reasonable intervals and during normal business hours, to the records of Rx Direct relating to Participants for the purpose of examining records pertaining to the service rendered by Rx Direct to either the Sponsor or Participants hereunder. Rx Direct, however, shall not be required to violate Participant's right to privacy with regard to the provision of this contract and shall not be required to furnish records that would violate such Participant's right to privacy unless Rx Direct has a signed waiver or release to release such information to Sponsor. 8. DURATION This Agreement shall terminate 12 months from the effective date hereof It shall be renewed automatically, however, for additional periods of 12 months, provided that neither party notifies the other at least 60 days prior to end of the period that it wishes to terminate. In the event either party so notifies the other, termination shall be effective the end of the then current period. 9. FORCE MAJEURE Rx Direct shall not be liable for any failure or delay in performing all or part of its obligations under the terms of this Agreement resulting form unavailability of pharmaceuticals, war acts of any person engaged in a subversive activity, sabotage, riot, strkes, slow - downs, lock -outs, or labor stoppage freight embargoes, foes; explosions, flood, earthquake or other acts of God, or by-reason of the judgment, filing order of any court or agency of competent jurisdiction occurring subsequent to the signing of this Agreement, or any other circumstances beyond its control. 10. INDEMNIFICATION Sponsor and its officers and employees shall not be liable for any claim, injury, demand or judgment based on tort or other grounds ( including warranty of merchantability), arising out of the sale, compounding, dispensing, manufacturing or use of any prescription drug dispensed to a Participant pursuant to this Agreement. Rx Direct hereby agrees to hold Sponsor harmless against any and all such liability, provided that: A) the action arises form Rx D'irect's failure to discharge a responsibility under the terms of the Agreement; B) reasonable notice is given by the Sponsor to Rx Direct; and 5 -- C) the Sponsor does not diminish Rx Direct's ability to defend or settle an action due to any act or failure to act of the Sponsor; and D) the action does not result form the intentional or negligent act or omission of Sponsor. 11. ASSIGNMENT This Agreement shall be binding upon the parties hereto, their successors, and assigns. Neither party may assign any of its rights or delegate any of its duties hereunder unless prior written consent is obtained from the other party. 12. 'ENTIRE AGREEMENT This Agreement sets forth the entire understanding of the parties hereto with respect to mail order pharmacy services and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, either oral or written. There are no warranties, representations and/or agreements among the parties concerning the subject herein except as set forth. This Agreement shall not be amended or modified except in writing. 13. GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. 14. SURVIVAL Should any part, term or condition of the Agreement be declared illegal or unenforceable or in conflict with any other laws, the remaining provisions shall be valid and not affected thereby. r, 567 1 S. AUTHORIZATION By executing the Agreement, the undersigned individuals hereby warrant and represent that they have read this Agreement in its entirety, both agree to all its terms, and are duly authorized to execute this Agreement on behalf of their respective parties. RX DIRECT, INC. By: GERR TEA PRESIDENT Date:_ g ` T — qq 7 CITY OF PARIS By: GENE ANDERSON CITY AUDITOR Date: 00 — L � f'` 56S DRUG COVERAGE OPTIONS off I . LEGEND DRUGS (PRESCRIPTION DRUG) ANABOLIC STEROIDS USED FOR BODY BUILDING ANOREXIANTS (DIET AIDS) ANTI- REJECTION DRUGS ANTI - SMOKING AIDS (GUMS/PATCHES) DRUGS USED TO TREAT AIDS AND AIDS RELATED CONDITIONS DRUGS USED TO TREAT OR CURE BALDNESS FERTILITY AGENTS GROWTH HORMONES INJECTABLE DRUGS INSULIN INSULIN SYRINGES & NEEDLES INSULIN IN COMBINATION WITH NEEDLES /SYRINGES (PRE- DRAWN) INSULIN TEST STRIPS LEGEND CONTRACEPTIVES (ORAL) TRETINOIN PRODUCTS (RETIN-A) UP TO AGE VITAMINS REQUIRING A PRESCRIPTION THE FOLLOWING ITEMS ARE FOR DOCUMENTATION ONLY: Yes - Covered Drug No - Not a Covered Drug YES NO THERAPEUTIC DEVICES OR APPLIANCES, INCLUDING HYPODERMIC NEEDLES, SYRINGES, SUPPORT GARMENTS, AND OTHER NON - MEDICINAL SUBSTANCES REGARDLESS OF INTENDED USE. B&AUNIZATION AGENTS, BIOLOGICAL SERA, BLOOD.OR BLOOD PRODUCTS ADMINISTERED ON AN OUT - PATIENT BASIS. ANY CHARGE FOR THE ADMINISTRATION OF LEGEND DRUGS OR INSULIN. ANY PRESCRIPTION REFH.LED IN EXCESS OF THE NUMBER SPECIFIED BY THE PHYSICIAN, OR FOR ANY REFILL DISPENSED AFTER ONE YEAR FROM THE PHYSICIANS ORIGINAL ORDER ANY MEDICINE, LEGEND OR NOT, WHICH IS CONSUMED OR ADMINISTERED AT THE PLACE WHERE IT IS DISPENSED. DRUGS COVERED UNDER WORKERS COMPENSATION, MEDICARE OR MEDICAID PROGRAMS. x X X I- - x X n X X X X X X NOTE: Fsr t6 MOM Or4w Dreg NvVv . -a a-,W see," or +kpww. 0— 2 rrwerl pdom *" wdtbw In the Bta" et -ftzs& Resolution No. 94 -117, amending contract for the Raw Water Transmission Main from Pat Mayse Lake to City of Paris Water Treatment Plant EDA Project No. 08 -01 -02814 by Change Order No, one was presented. A motion was made by Councilman Brown, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -117 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 93 -064, award the contract for RAW WATER TRANSMISSION MAIN FROM PAT MAYSE LAKE TO CITY OF PARIS WATER TREATMENT PLANT, EDA Project No. 08 -01 -02814 to KENCO INC.; and, WHEREAS, the City Engineer, Earl Smith, acting as project engineer of said project recommends the amendment of said contract by Change Order No. One attached hereto as Exhibit "A ", which provides for a net increase in contract price of $2,544.31 for a total of $3,659,550.11, for: 1) Relocating 120/240 v service to pump building from overhead to underground; 2) Supports for new electrical service entrance box for MCC; 3) Combining and transmitting 30" and 36" mains' flow signals, and such form should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL ON THE CITY OF PARIS, that the RAW WATER TRANSMISSION MAIN FROM PAT MAYSE LAKE TO CITY OF PARIS WATER TREATMENT PLANT, EDA Project No. 08 -01- 02814, contract is hereby amended by Change Order No. One attached hereto as Exhibit "A ", providing for a net increase in contract price of $2,544.31 for a total of $3,659,550.11 for: 1) Relocating 120/240 v service to pump building from overhead to underground; 2) Supports for new electrical service entrance box for MCC; 3) Combining and transmitting 30" and 36" mains' flow signals, which is in all things approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and lie is hereby authorized and directed on behalf of the City of Paris to execute said Change Order No. One. PASSED AND ADOPTED this 12th day of September, 1994. Don Shelt , Ma r ATTEST: Mattie Cunningham, City C rk APPROVED AS TO FORM: T. K. aynes, ity Attorney 5!0 CHANGE ORDER Order No. One Date: May 24, 1994 Agreement Date: _ July 12, 1993 AME OF PROJECT: 36" Raw Water Transmission Main Job No. WSRB 02 -92 OWNER: City of Pa CONTRACTOR: Kenko, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Relocate 120/240 v service to pump building from overhead to underground. 2. Supports for new electrical service entrance box for MCC. .3. Combining and transmitting 30" & 36" mains flow signals. JUSTIFICATION: Change to CONTRACT PRICE: Original CONTRACT PRICE II :� Current CONTRACT PRICE adjusted by previous CHANGE ORDER $3,657,005.80 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) Riwama k) j2Y:$ 2,544.31 (0.07% to new CONTRACT PRICE including this CHANGE ORDER will be $3,659,550.11 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by -0- calendar days. The date for completion of all work will be August 22, 1994 (Date). Approvals Required: To be effective this Order must be approved by the Federal agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLE- MENTAL GENERAL CONDITIONS. Requested by: Kenko, Inc. Recommended by: Hayter Engineering, Inc. Ordered by: Accepted by: City of Paris ppq ghelton, Mayor Federal Agency Approval (where applicable) TRACT DOCUMENTS FOR CONSTRUCTION OF Document No. 10 1 :RALLY ASSISTED WATER AND SEWER PROJECTS Chugs Order: Page 1 of 1 --- -------- EXHIBIT A Resolution No. 94 -118, amending contract for the Raw Water Plain from Pat Mayse Lake to City Project No. 08-01 -02814 b y of Paris Water Treatment Plant sEDA motion was made b y Change Order No. two was presented. Clifford for approval of seconded Councilman A nays . The motion car b ed 7 ayes 0 0571 RESOLUTION NO. 94-118 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 93 -064, award the contract for RAW WATER TRANSMISSION MAIN FROM PAT MAYSE LAKE TO CITY OF PARIS WATER TREATMENT PLANT, EDA Project No. 08 -01 -02814 to KENCO INC.; and, WHEREAS, the City Engineer, Earl Smith, acting as project engineer of said project recommends the amendment of said contract by Change Order No. Two attached hereto as Exhibit "A ", which provides for a net increase in contract price of $18,215.00 for a total of $3,677,765.11, for adjusting original unit quantities to reflect as built, and such form should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the RAW WATER TRANSMISSION MAIN FROM PAT MAYSE LAKE TO CITY OF PARIS WATER TREATMENT PLANT, EDA Project No. 08 -01- 02814, contract is hereby amended by Change Order No. Two attached hereto as Exhibit "A ", providing for a net increase in contract price of $18,215.00 for a total of $3,677,765.11 for adjusting original unit quantities to reflect as built units, which is in all things approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and lie is hereby authorized and directed on behalf of the City of Paris to execute said Change Order No. Two. PASSED AND ADOPTED this 12th day of September, 1994. ZaA7- Don Shelton, Mayor ATTEST: Mattie Cunningham, City Jerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CHANGE ORDER _. Order No. 2 Date: July 19, 1994 Agreement Date: July 12, 1993 NAt\\/IE OF PROJECT: 36" RAW WATER TRANSMISSION MAIN JOB NO. 92 WSRB 02 -92 OWNER: CITY OF PARIS CONTRACTOR: KENKO, INC. The following changes are hereby made to the CONTRACT DOCUMENTS: Adjust original unit quantities to reflect as built justification: units - See Attachment A. Change to CONTRACT PRICE: Original CONTRACT PRICE $ 3,657,005.80 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 3,659,550.11 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (da by: $ 18,215-00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 3,677,765.11 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by 0 calendar days. The date for completion of all work will be August 22, 1994 (Date). Approvals Required: To be effective this Order must be approved by the Federal agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLE- MENTAL GENERAL CONDITIONS. Requested by: KENKO, INC. Recommended by: HAYTER ENGINEERING, INC. Ordered by: Accepted by: CITY OF PARIS Pon Sbe9.ton, Mayor Federal Agency Approval (where applicable) CONTRACT DOCUMENTS FOR CONSTRUCTION OF FEDERALLY ASSISTED WATER AND SEWER PROJECTS EXHIBIT A DocunoorK No. 10 Charge Order. Ppe 1 of 1 572 -- 573 BID ITEM UNIT 36' RCCP L.F. TRENCH SAFETY L.F. CREEK CROSSING WITH L.F. CONCRETE ENCASEMENT ASPHALT PAVEMENT L.F. REPAIR BULKHEAD FITTINGS- L.S. TANK LOW LEVEL PROBE AT RAW WATER PUMP STATION 5 -WIRE RANCH L.F. FENCING CLEARING AND L.S. GRUBBING REROUTE CONSTRUCTION L.S. NORTH OF STA 351 +00 TO AVOID EXISTING UTILITIES GHA FITTINGS TO L.S. MAKE FIELD ADJUSTMENT ADD DEDUCT DOLLARS DOLLARS 4392.80 380.00 6000.00 3600.00 293.80 0 3,005 3,005 4808.00 0 1 1 6030.84 0 1 1 5637.56 0 1 1 3817.60 $26,587.80 $8,372.80 TOTAL AMOUNT - ADD $18,215.00 Resolution No. 94 -119, amending contract for the Raw Water Transmission Main from Pat Mayse Lake to City of Paris Water Treatment Plant EDA Project No. 08 -01 -02814 by Change Order No. three was presented. A motion was made by Councilman Clifford, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. CHANGE ORDER #2 CITY OF PARIS RAW WATER TRANSMISSION MAIN ATTACHMENT A AS -BID AS -BUILT ADD DELETE QUANTITY QUANTITY 46,136 46,060 76 46,136 46,060 76 780 900 120 300 0 300 0 1 1 ADD DEDUCT DOLLARS DOLLARS 4392.80 380.00 6000.00 3600.00 293.80 0 3,005 3,005 4808.00 0 1 1 6030.84 0 1 1 5637.56 0 1 1 3817.60 $26,587.80 $8,372.80 TOTAL AMOUNT - ADD $18,215.00 Resolution No. 94 -119, amending contract for the Raw Water Transmission Main from Pat Mayse Lake to City of Paris Water Treatment Plant EDA Project No. 08 -01 -02814 by Change Order No. three was presented. A motion was made by Councilman Clifford, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -119 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 93 -064, award the contract for RAW WATER TRANSMISSION MAIN FROM PAT MAYSE LAKE TO CITY OF PARIS WATER TREATMENT PLANT, EDA Project No. 08 -01 -02814 to KENCO INC.; and, WHEREAS, the City Engineer, Earl Smith, acting as project engineer of said project recommends the amendment of said contract by Change Order No. Three attached hereto as Exhibit "A ", which provides for a net increase in contract price of $7,433.69 for a total of $3,685,198.80, for: 1) Furnish and install replacement check valve for raw water pump #4 discharge piping; 2) Furnish and install 2 EA valve manifolds for high and low pressure lines connecting to two differential pressure transmitters, and such form should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the RAW WATER TRANSMISSION MAIN FROM PAT MAYSE LAKE TO CITY OF PARIS WATER TREATMENT PLANT, EDA Project No. 08 -01- 02814, contract is hereby amended by Change Order No. Three attached hereto as Exhibit "A ", providing for a net increase in contract price of $7,433.69 for a total of $3,685,198.80 for: 1) Furnish and install replacement check valve for raw water pump #4 discharge piping; 2) Furnish and install 2 EA valve manifolds for high and low pressure lines connecting to two differential pressure transmitters, which is in all things approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby authorized and directed on behalf of the City of Paris to execute said Change Order No. Three. PASSED AND ADOPTED this 12th day of September, 1994. 1• • • ATTEST: APPROVED AS TO FORM: K. Haynes, Ci Attorney 57 4 575 CHANGE ORDER Order No. Three Date: August 22, 1994 Agreement Date: July 12, 1993 NAME OF PROJECT: 36" Raw Water Transmission Main Job No. 92 WSRB 02 -92 OWNER: City of Paris CONTRACTOR: Kenko, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Furnish and install replacement check valve for raw water Justification: pump X14 discharge piping. 2. Furnish and install 2 EA 3 valve manifolds for high and low pressure lines connecting to two differential pressure transmitters. Change to CONTRACT PRICE: Original CONTRACT PRICE $ 3,657,005.80 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 3,677,765.11 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) xx by:$ 7,433.69 The new CONTRACT PRICE including this CHANGE ORDER will be $ 3,685,198.80 Change to CONTRACT TIME: The CONTRACT TIME will be Jkxmm (decreased) by 45 calendar days. The date for completion of all work will be October 16, 1994 (Date). Approvals Required: To be effective this Order must be approved by the Federal agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the': :SUPPLE - MENTAL GENERAL COh1DITIONS. Requested by: , KENKO : INC. Recommended by: HAYTER ENGINEERING, INC. Ordered by: Accepted by: Federal Agency Approval (where applicable) CONTRACT DOCUMENTS FOR CONSTRUCTION OF FEDERALLY ASSISTED WATER AND SEWER PROJECTS EXHIBIT A 576 �~ City Manager Malone called for consideration of and action on the following projects to be funded by the certificates of Obligation, Series 1993: On the recommendation of the City Attorney Haynes, a motion was made by Councilman Clifford, seconded by Councilman Bell to table action on the construction of the West Paris Park. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Clifford, seconded by Councilman Fulbirght authorizing the expenditure of $28,000.00 for construction of a structure to house firefighting and maintenance equipment at Cox Field Airport to be paid out of the Certificates of Obligation Series 1993. The motion carried 7 ayes, 0 nays. On Agenda Item No. 19, public hearing for the Emergency Communications Division Grievance Appeal, City Attorney Haynesadvised their attorney has requested additional time due to the short period of time 'in which to prepare for the public hearing, and advised the public hearing would be posted later. A motion was made by Councilwoman McDonald, seconded by Councilman Fulbright to table the public hearing for the Emergency Communications Division Grievance Appeal. The motion carried 7 ayes, 0 nays. There being no further business, the meeting adjourned. i4)��7 ' xzx� -,.� ON S EL R, CfTY OFFFAVI-� ATTEST: M TTIE CUNNINGHAM, CITY CL K 577 - C, MINUTES OF THE PLANNING AND ZONING COMMISSION SEPTEMBER 6, 1994 The Planning and Zoning Commission met in regular session, Tuesday, September 6, 1994 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: I. Reeves Hayter - Chairman 4. John M. Davis 2. Nadine Ausbie 5. Richard Hunt 3. Curtis Fendley 6. Joel McCray Also present were Earl Smith, City Engineer and Joe McCollum, Director of Community Development. Chairman Hayter called the meeting to order and the minutes of the August 1, 1994 meeting were approved as presented. Chairman Hayter declared the public hearing open on the petition of Jim Bell for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to an Office District (0) on Lot 18 -C, City Block 249 located at 815 S. Collegiate Drive. Mr.Bell, representing the property owner, Gary Tucker, stated the property had been reduced in value by adjacent zoning and the traffic at the intersection of Collegiate Drive and S.E. 28th. He Said the house was not marketable as a residence but would have some value as a medical or real estate'6ffice. He went on to say that. some drainage problems .with the lot probably could be corrected if the property was allowed to be used as an office. Speaking in opposition to the change, Curtis Beville, 2810 Clark Lane, said business use of the property would tend to increase the traffic congestion in the area and would reduce the value of his home for residential purposes. Thomas Lietz, 870 S.E. 28th, also expressed opposition saying the property was adjacent to him on the North and would devalue his home. Mrs. George Reed, 675 S.E. 26th, cited the same concerns in her opposition to the request. Charles Neeley, 2650 Clark Lane, did not speak for or against the change but asked the Commission to exercise care in their recommendation. No one else spoke and the public hearing was closed. Following discussion, a motion was made by Mr. Fendley, seconded by Ms. Ausbie to recommend denial of the change. The motion carried 6 ayes, 0 nays. �r Chairman Hayter declared the public hearing open on the petition of Jesse Hall for a change in zoning from a Neighborhood Service District (NS) and a General Retail District (GR) to a Commercial District (C) on Lot 1 and Part of Lot 2, Block 2, Fitzhugh Addition located at 1295 Fitzhugh Avenue. Carol Hammond, Attorney, represented Mr. Hall saying that a pawn shop was proposed for this presently empty building on the corner of Fitzhugh Avenue and Martin Luther Ring, Jr. Drive. She read excerpts from State laws relative to pawn shops and emphasized the fact that it is a highly regulated business that would be an improvement over the vacant building. She said that normal operation hours would be from 7 A.M. til 9 P.M. and that zoning approval was just the first step in the process of obtaining a license to operate. She estimated it would take up to 6 months to obtain State approval. No one else spoke for or against the zoning change and the public hearing was closed. The Commission discussed uses permitted in a. Commercial District should a pawn shop license not be approved and following discussion a motion was made by Ms. Ausbie, seconded by Mr. McCray to recommend denial of the change. The motion carried'6 ayes, 0 nays. The Master Plat of Collegiate Estates was next considered along with a letter from the developer requesting that the Major Thoroughfare Plan be amended to delete the extension of Pine Mill Road through the property. The City Engineer's recommendation was to deny approval of the Master Plat unless the ,extension of Pine Mill Road is included. A motion was made-by Ms. Ausbie, seconded by Mr. Hayter to recommend denial of the Master Plat. The motion carried 4 ayes, 2 nays with Commissioners Davis and Fendley voting nay. Chairman Hayter excused himself from discussion of the next item. The Final Plat of the Sherman Street Site for the Paris Housing Authority was recommended for approval on a motion by Ms. Ausbie, seconded by Mr. Davis subject to the requirements in the City Engineer's Memorandum dated 8/25/94, marked Exhibit A and attached hereto. The motion carried 5 ayes, 0 nays. Chairman Hayter rejoined the meeting at this time. The Replat of Lot 3, City Block 213 was recommended for approval on a motion by Mr. Davis, seconded by Mr. Hunt subject to the requirements in the City Engineer's Memorandum dated 9/6/94 marked Exhibit B and attached hereto. The motion carried 6 ayes, 0 nays. The Replat of Lot 17B, City Block 311 was tabled on a motion by Ms. Ausbie, seconded by Mr. Davis pending the submission of a Preliminary Plat Showing ultimate development of the property. The motion carried 6 ayes, 0 nays. There being no further business to consider, the meeting was adjourned. n �---- N. McCollum Secretary ex- officio 580 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL September 15, 1994 The City Council of the City of Paris met in special session, Thursday, September 15, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Mayor Shelton declared the public hearing open on the City Manager's Proposed Budget for fiscal year 1994 -1995 for the City of Paris, and call for those who wished to speak in favor of the budget, and no one appeared. Mayor Shelton called for opponents to appear and Carol Hammond, Attorney, 610 Clarksville Street, appeared before the Council stating that she was representing a cross section of city employees from the various service departments of the city, the maintenance workers here in town, the hard working little people that keep our City running. Ms. Hammond said in the City Manager proposed budget he had announced a 2.5% cost of living increase for these folks, and they are requesting at least 5 %, and I am here to tell you why they want that increase. The bottom line is they are not making a living at what they are making now. Ms. Hammond said she has had a couple of informal meeting with the City Attorney and with the Finance Director, and they told her they conducted an informal survey of eleven different cities in the area to determine whether Paris was in line with what these other towns are paying. The average of the group they sampled, the minimum hourly wage was $8.34 an hour, where as in Paris our minimum is $6.61 an hour. The maximum of the sample is $8.54 an hour and in Paris our maximum is $8.03 an hour. At the 2.5% proposed rate, our minimum - minimum people would get 16 cents an hours raise which amounts to $1.28 a day, $6.40 a week, or $27.70 a month. At the maximum which our employees are paid in this maintenance worker I group, which is the only one that was sampled, right now they are making $8.03 an hour, it would go up to $8.23 an hour which amounts to $34.60 a month raise, gross raise, take home pay, what it means right now is they are bring home about $417.00 every two weeks at the minimum, and at the maximum they are bring about $506.00 a pay period every two weeks. Ms. Hammond contrasted this with the survey that was done last year regarding the department head raises, City Manager's raise, that survey, and I got that out of the Paris News, September 17, 1993, there were 15 cities surveyed last year for the salaried employees. For the group that she was talking about there were eleven cities surveyed. The one's that were surveyed for the city workers were Sulphur Springs, Sherman, Palestine, Lufkin, Mt. Pleasant, McKinney, Greenville, Corsicana, Cleburne, Lancaster, and Denison. Those are towns in our area around here in our general population range, East Texas Community Towns. In the survey that was done last year for the City Manager's raise, and the other department head raises - Farmers Branch, Copperas Cove, McKinney, The Colony, Big Springs, Greenville, Corsicana, Lake Jackson, University Park, Cleburne, Lancaster, Weslaco, Denison, Watauga, and Rosenberg, so what she was saying is that there were 15 cities surveyed for the department head raise, and some of those cities were metropolitan areas, for the maintenance workers there were 11 cities survey only in the lowest entry catalog which is above minimum wage. It is not exactly cosset here. There was a quote in the Paris News last year attributed to Mike Malone that said that "you've got to raise the top before you can raise the middle ". Ms. Hammond said the question is what about these bottom paid employees. Last year our City Clerk got a 30% increase, City Manager, the Attorney, and Finance Director got 10 %, the other department heads got 13% or $5,000.00 which every was least, this came out of the September 29, 1993, Paris News. The street workers, the maintenance workers got 3 %. This year in our proposed budget the City Manager, Attorney, Finance Director, Engineer, Police Chief are going to get a 5% increase, the other are going to get 2.5 %, but 2.5% increase for our guys on the low end is like she said $27.00 a month, a 2.5% increase for the Public Works Director is going to be $1,378.00 a year, or a $115.00 a month approximately, 2.5% of nothing is nothing, %5 of nothing is nothing, but 5% of our City Manager's salary is $3,276.00 a year. That is just the published salary only, that does not even include the car allowance. Ms. Hammond said her question to the Councilmen is - why do our department heads, or certain ones of them, even need car allowances? Where are they driving to in the City of Paris? I guess our Finance Director is going to the bank from City Hall, our City Attorney is going to Municipal Court from City Hall. There is a staff car available for this. In her opinion this car allowance is just a way to hiding their actual salary from the public, you don't see that car allowance published in the newspaper. Mr. Malone said in his purposed budget that there was going to be some savings to the City this year by closing down a couple positions as people were retiring, they are going to the phase those out. They are closing down the Tax Office, they are working hard to make some savings, and she would like to request that those savings be used for raises for our lower level employees. The City would counter this by saying, well these employees get benefits other than their salaries, and that is true, the City provides a good benefit package, but everyone gets those benefits, it does not matter whether you are a street worker or garbage collector or whether your are a department head, and these benefits don't put money in your pocket, the don't buy groceries, they don't pay the rent, it looks good on paper, but it is not filling up their pocketbook. Ms. Hammond said what brought this all about is the increases in the water bills and the proposed increase in the tax rate, the city tax rate. At the lower level with the $27.00 a month pay raise, it is not going to cover the increase in the taxes and the water bill that everyone of these folks are going to have.. Ms. Hammond said she was not against anyone making a good living, that she was for everyone making a decent living, and would like to see this budget looked over closely and see if we can't find more than a 2.5% increase for these guys. No one else appeared, and the public hearing was declared closed. A motion was made by Councilman Clifford, seconded by Councilman _ Fulbright authorizing the preparation of an ordinance adopting a budget for the ensuing fiscal year beginning October 1, 1994, and ending September 30, 1995, in accordance with the Charter of the City of Paris. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Brown, seconded by Councilman Jenkins to move forward to Agenda Item No. 5, 6, 6A and 6B. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Clifford to amend the above motion to move Agenda Items 6, 6A and 6B forward. The motion carried 6 ayes, 0 nays. Resolution No. 94 -120, authorizing the execution of an application for the Texas Department of Community Development Program for the project to extend sewer service on F. M. 79, 18th Street N. W., 19th Street N. W., and Butler Lane north of Loop 286, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 6 ayes, 0 nays. 583 RESOLUTION NO. 94 -120 WHEREAS, the City Council of the City of Paris is aware of community needs for which local funds have not been and will not be available to accomplish. Such needs are in the area of water and sewer service; and, WIIEREAS, the City Council desires to develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low /moderate income; and, WHEREAS, certain conditions exist which represent a threat to the public health and safety; and, WHEREAS, funding for such programs are available through the Texas Department of I lousing and Community Affairs for the Community Development Fund, under the Texas Community Development Program;and, WHEREAS, it is necessary and in the best interest of the City of Paris to apply for funding under the 1994 Texas Cornrnunity Development Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: I. That a Texas Community Development Program application for the Community Development Fund is hereby authorized to be filed on behalf of the City with the Texas Department of Housing and Community Affairs. 2. That such application address the following activities: (a) Extension of sanitary sewer mains to serve the residents on FM 79, 18tll Street N.W., 19th Street N.W. and Butler Lane, north of Loop 286 N.W. (b) Provide sanitary sewer service to each residence and disconnect from septic systems. 3. That the City's application be placed in competition for funding under the Community Development Fund. 4. That the application be for $250,000.00 of grant funds to carry out sanitary sewer improvements. 5. That, Michael E. Malone, City Manager, be, and lie is hereby authorized to execute and deliver on behalf of the City of Paris all necessary applications, communications, instruments assurances and documents required for the completion of said projects. 6. That it further be stated that the City of Paris is committing $114,654.00 cash contribution toward the construction activities of this project and $35,346 of in kind Engineering - Architectural Services. PASSED AND ADOPTED this 15th day of September, ATTEST: L �� _ Mattie Cunningham; City rk APPROVED A-9XO FORM: T. K. II , qty Attorney 1994. Don Shelton, ayor 584 City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Ordinance 94 -039 setting the public hearing on the proposed annexation of 29.72 acre of land of the proposed Stillhouse Estates Subdivision. A motion was made by Councilman Clifford, seconded by Councilman Fulbright authorizing the preparation of an ordinance amending _ Ordinance 94 -039 setting the public hearing on the proposed annexation of 29.72 acre of land of the proposed Stillhouse Estates Subdivision. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 94 -041 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF PARIS AND THE CITY COUNCIL OF THE CITY OF PARIS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF PARIS, PARIS, TEXAS AND APPROPRIATE ZONING UPON ANNEXATION, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS was presented. A motion was made by Councilman Bell, seconded by Councilman Brown for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Mayor Shelton announced that the Council would recess the Council meeting at 6:22 P. M., and reconvene at 6:30 P.M. for the public hearing on the proposed 1994 tax rate. Mayor Shelton declared the public hearing open on the proposed 1994 calendar year City of Paris Tax Rate. Mayor Shelton called for proponents to appear, and none appeared. Mayor Shelton called for opponents to appear, none appeared, and the public hearing was declared closed. Resolution No. 94 -121, resolving by the City Council of the City of Paris, that a meeting will be held on the 19th day of September 1994, at 6:00 P. M., in the City Council Chambers, City Hall, 135 1st Street S. E. to vote on the tax rate, was presented. A motion was made by Councilman Bell, seconded by Councilman Jenkins for approval of the resolution. The motion carried 6 ayes, 0 nays. 585 RESOLUTION NO. 94 -121 WHEREAS, in accordance with Section 26.05(c) of the Property Tax Code of the State of Texas, on September 15, 1994, a public hearing was held for the purpose of hearing the views of proponents and opponents of the tax increase required to fund and balance the city Manager's proposed budget for fiscal year, 1994 -95; and, WHEREAS, an appropriate time for the meeting at which the Council will vote on the tax rate is found to be on the 19th day of September, 1994, at 6:00 P.M., in the City Council Chambers, City I -tall, 135 1st Street Southeast; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF PARIS, that a meeting will be held on the 19th day of September, 1994, at 6:00 P.M., in the City Council Chambers, City Hall, 135 Ist Street Southeast to vote on the tax rate. PASSED AND ADOPTED this 15th day of September, 1994. Don Shelton , M yor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. taynes ity Attorney A motion was made by Councilman Clifford, seconded by Councilman Bell authorizing the preparation of an ordinance setting the tax rate for the calendar year 1994 for the City of Paris. The motion carried 6 ayes, 0 nays. There being no further business, thZmeetin adjourned. AY CITY F RIS ATTEST: 1 M�e� MATTIE CUNN NGHAM, CIT CLERK � -------- - - - - -- MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL September 19, 1994 The City Council of the City of Paris met in special session, Monday, September 19, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Wayne Brown, John Bell, Millie Ingram McDonald, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone presented the minutes from The Airport Advisory Board with a recommendation that Dr. Lawrence C. Runke be offered the lease that the City Council heretofore approved in Resolution No. 94 -092. City Manager Malone said if the Council desires this item to be placed on the agenda again, it would appropriate for it to be known at this time and it will be place on the next available agenda. No action was taken on this matter. ORDINANCE NO. 94 -042 AN ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 1994, AND ENDING SEPTEMBER 30, 1995, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS, APPROPRIATING THE VARIOUS AMOUNTS THEREOF AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH was presented. A motion was made by Councilman Clifford, seconded by Councilwoman McDonald for adoption of the ordinance. The motion carried 6 ayes, 1 nays, Mayor Shelton voting nay. ORDINANCE NO. 94 -043 AN ORDINANCE FIXING THE TAX RATE AND THE TAX LEVY, AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS, PARIS, TEXAS, FOR THE YEAR 1994, UPON ALL TAXABLE PROPERTY WITHIN THE SAID CITY OF PARIS, TEXAS IN CONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -044 AMENDING SECTION 26 -1 OF THE CODE OF ORDINANCES ADDING ONE (1) POLICE SERGEANT AND THREE (3) POLICE PRIVATES EFFECTIVE OCTOBER 1, 1994 was presented. A motion was made by Councilman Fulbright, seconded by Councilwoman McDonald for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 94 -122, authorizing the transfer of budgetary appropriations as allowed in Section 58 and 70 of the Charter of the City of Paris was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. 587 RESOLUTION NO. 94 -122 WHEREAS, certain expense and capital outlay accounts in the 1993 -94 fiscal year Budget in the amounts shown therein as follows: GENERAL FUND GENERAL GOVERNMENT City Council $80,000.00 City Manager $20,000.00 City Attorney $5,000.00 Municipal Court $500.00 Cox Field $12,000.00 Band $2,500.00 PUBLIC SAFETY Police Department $30,000.00 Fire Department $10,000.00 TOTAL $160,000.00 have experienced expenditures in excess of budget appropriations; and, WHEREAS, the following account in the amount shown therein as follows: GENERAL FUND Line Item Account No. 01 -90 -00 -0000 (Contingency) $160,000.00 is unencumbered; and, WHEREAS, the City Manager does, within this the last three months of the fiscal year, request that the City Council transfer the 2nd mentioned above described unencumbered appropriation balances to the first mentioned above over expended accounts; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Director of Finance, W. E. Anderson, be, and lie is hereby, authorized and directed to transfer from the following account the amount shown therein: GENERAL FUND Line Item Account No. 01 -90 -00 -0000 (Contingency) to be credited respectively to the following accounts: GENERAL GOVERNMENT City Council City Manager City Attorney Municipal Court Cox Field Band PUBLIC SAFETY Police Department Fire Department GENERAL FUND $80,000.00 $20,000.00 $5,000.00 $500.00 $12,000.00 $2,500.00 $30,000.00 $10,000.00 $160,000.00 TOTAL $160,000.00 588 PASSED AND ADOPTED this 19th day of September, 1994. /P/w xZ Z � //�/- - X 7� Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. aC a nes, C' Attorney Resolution No. 94 -123, authorizing City Attorney, T. K. Haynes, to acquire or begin condemnation of Southern Pacific Transportation Company's abandoned railroad right -of -way from the West boundary line of 1st Street S. W. formerly Wall Street westerly to a point in the center line of 4th Street S. W., was presented. A motion was made by Councilman Clifford, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. 569 RESOLUTION NO. 94 -123 WHEREAS, the City Council of the City of Paris has undertaken a project of construction of a new street from the West boundary line of Ist Street S.W., formerly Wall Street, to a point in the center line of 4th Street S.W. along the old Southern Pacific Railroad Right -of -Way, in accordance with plans and specifications prepared by Earl Smith, City Engineer of the City of Paris; and, WHEREAS, the right -of -way description necessary for the completion of said street project is shown on Exhibit A attached hereto; and, WHEREAS, the City Council finds that the above described right -of -way property is necessary for said improvement project and that the same should be condemned; NOW, THEREFORE, I3E iT RESOLVED I3Y THE CITY COUNCIL OF THE CITY OF PARIS, that the City Attorney, T. K. Haynes, be, and lie is hereby authorized and directed to proceed to condemn the above described property to be used for a new street from the West boundary line of Ist Street S.W., formerly Wall Street, to a point in the center line of 4th Street S.W. along the old Southern Pacific Railroad Right -Of -Way. PASSED AND ADOPTED this 19th day of September, 1994. ATTEST: Qao Mattie Cunningham, City Cler APPROVED ASAO FORM: T. 411ayne . ty Attorney -L- -- Don Shelton, M yor 590 EXHIBIT "A" SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, and being Lot A, City Block 170 -A, from the West Boundary Line of Ist Street S.W., formerly Wall Street, to the Center Line of 4th Street S.W. upon the old Southern Pacific Railroad Right -Of -Way. Resolution No. 94 -124, approving the bill of sale between the Texas Department of Transportation, Paris District, and TU Electric, and authorizing and directing the City Manager of the City of Paris, Michael E. Malone to approve on behalf of the City of Paris, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. 591 RESOLUTION NO. 94 -124 WIiEREAS, the City Council of the City of Paris did, in Resolution No. 584, dated February 25, 1955, authorize the execution of a long term lease with the Texas Department of Transportation, formerly known as Ilighway Department of the State of Texas, for a six acre tract of land on North Main Street in the City of Paris; and, WHEREAS, the Texas Department of Transportation desires to execute a Bill of Sale with TU Electric for property as shown in Exhibit A to the Bill of Sale, attached hereto as Exhibit A, and has requested that the City of Paris, as Lessor, approve the same; and, WHEREAS, it is deemed to be in the best interest of the City of Paris that the Bill of Sale between the Texas Department of Transportation and TU Electric be approved; and, WHEREAS, the form of agreement for such Bill of Sale, attached hereto as Exhibit A, should, in all things, be approved, and City Manager, Michael E. Malone, should be authorized to sign the same, showing the approval of the City of Paris as Lessor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Bill of Sale, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and lie is hereby, authorized and directed to approve, on behalf of the City of Paris, the Bill of Sale between the Texas Department of Transportation, Paris District, and TU Electric, in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 19th day of September, 1994. Don Shelton, Maydr ATTEST: Mattie Cunningham, City Clerk APPROVED AK TO FORM: . K. Haynes, City Attorney BILL OF SALE THFI�TATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: CO 'TY OF Lamar That Texas Department of Transportation Paris District, an agency of the State of Texas (herein called "Grantor"), whose street address is 1365 North Main (P.O. Box 250 75461 -0250) for and in consideration of the sum of ONE DOLLAR ($1.00 and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which are hereby acknowledged, has BARGAINED, SOLD, GRANTED and CONVEYED, and by these presents does BARGAIN, SELL, GRANT and CONVEY unto TEXAS UTILITIES ELECTRIC COMPANY, a Texas corporation (herein called "Grantee "), whose street address is 1601 Bryan Street, Dallas, Texas 75201, the property, improvements, fixtures, equipment and/or facilities described on Exhibit "A" attached hereto and incorporated herein for all purposes. TOGETHER WITH, all and singular, the rights, benefits, privileges, easements, tenements, hereditaments and appurtenances in anywise appertaining hereto. TO HAVE AND TO HOLD the foregoing property unto Grantee and Grantee's successors and assigns, forever, free and clear of all liens and encumbrances, and Grantor does hereby bind itself and its successors and assignees to WARRANT and FOREVER DEFEND all and singular such property unto said Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Gr `or and Grantee acknowledge that it is Grantor's intent to herein convey to Grantee, Grantor's entire right, title and interest in and to the aforementioned property and that despite Grantor's good faith efforts to describe such property herein in its entirety, there may be errors, omissions or discrepancies in such description. If any errors, omissions or discrepancies in such description are discovered by Grantee, Grantor shall execute and deliver any instrument reasonably necessary to remedy or correct such error, omission or discrepancy, and, on condition that Grantor does so, such errors, omission or discrepancies shall not constitute a breach by Grantor of its warranty of title herein. Executed this day of CITY OF PARIS, PARIS, TEXAS APPROVED: By: By: Hicbael E. Malone Name: City of Paris, Paris, Texas, LessorName: Title: City Manager Ttle: EXHIBIT A 19 Grantor 59 5 THE STATE OF TEXAS COUNTY OF Lama r f BEFORE ME, the undersigned authority, on this day personally Texas Department appeared of Transportation Paris of e the person whse nam is subscribed District, an agency of the State of Texas, known to me to to executed the osame toe the purposes to the foregoing instrument, and acknowledged to me t a and consideration therein express, in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this day of Notary Public, State of Texas My commission expires: THE STATE OF TEXAS X 19 COUNTY OF LAMAR X BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL E. MALONE, City Manager of the City-9f Paris, Parise, Texas, known tome to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he, executed the same-for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office on this day-of' ay of' , 1994, Notary Public, State of Texas- MY commission expires: 504 Exhibit A .� ........Y ............................. ................. Year...... . 4 Pole 40' 1964 9 Crossarms 1964 3 Single Down guy 1964 5 Seconda Rack 1964 4 Primary Deadend 14.4kV 1964 6 Insulators &Pins 1964 1290' ACS R #4 1964 .. ............ 1 37.5kVA Transformer 62 1 15kVA Transformer 63 Resolution No. 94 -125, resolving that the Lease Agreement between the City of Paris and TEX /OKO Outdoor Advertising is hereby canceled, and that the Utility Easement from the City of Paris to TEX /OKO Outdoor Advertising be, and the same is hereby canceled. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. 595 RESOLUTION NO. 94 -125 WHEREAS, the City Council of the City of Paris did, heretofore, in Resolution No. 88- 043, passed on May 9, 1988, approve the execution of a Lease Agreement with TEX /OKO Outdoor Advertising; and, WIIEREAS, the City Council of the City of Paris did, heretofore, in Resolution No. 89- 066, passed on June 12, 1989, approve the execution of a Utility Easement with TEX /OKO Outdoor Advertising, which runs concurrently with and terminates with said lease, to allow for lighting and maintenance of the outdoor structure; and, WHEREAS, TEX /OKO Outdoor Advertising has defaulted under the terms of said lease by failing to pay rents in the manner and form therein prescribed; and, WIIEREAS, it is deemed to be in the best interest of the City of Paris that said Lease Agreement and Utility Easement be canceled; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Lease Agreement between the City of Paris and TEX /OKO Outdoor Advertising be, and the same is hereby, canceled; and, BE IT FURTHER RESOLVED, that the Utility Easement from the City of Paris to TEX /OKO Outdoor Advertising be, and the same is hereby, canceled. PASSED AND ADOPTED this 19th day f September, 1994. Don Shelton, m6yor ATTEST: Mattie Cunningham, City C k APPR VEDAS FORM: T. K. I- aynes, Cit Attorney City Manager Malone calledY for consideration of and action on authorizing the issuance of a temporary building permit to Mr. Wayne Franklin for the Gibraltar Hotel Building rehabilitation pending compliance with the requirements of the City Engineer to meet the Building, Fire and other applicable Codes. City Attorney Haynes advised the Council that we do not issue building permits on dilapidated structures, but if we revoke the dilapidated conditions without knowing that we had an on going project, we would have to go through the total procedures again of declaring it to be dilapidated in order to keep the building sealed for safety reasons, so we are looking for a method to assist the developer's request by offering a temporary building permit, and whatever requirements that are needed to be made as a condition of the temporary permit. On completion of those items that would bring the building in to a state that it could be removed from the dilapidated structure list,, at that time, we would take the appropriate action and revert the building permit into a regular building permit. Requirements should be identified, funding should be in place that would allow us a reasonable expectation that the project can be carried out, then at that time convert it to a building permit. After discussion, a motion was made by Councilman Clifford to issue a temporary permit with a letter from the City Attorney or City Manager setting forth that financing is in place, and the other items that City 596 Attorney Haynes numerated that the City Council has expressed a commitment to convert it to a permanent building permit at such time, and will at that time also make a commitment to remove it from the dilapidated list based upon the commitments and obligations that he has incurred. The motion was seconded by Councilman Bell, and carried 7 ayes, 0 nays. City Malone announced that the next item on the agenda was advising with legal counsel concerning Southern Newspapers, Inc., v. City of Paris, et al Cause No. 60057 and the appropriate action to be taken. City Attorney Haynes advised that the Judge had written a letter to the parties to the suite, Southern Newspapers, Inc. dba The Paris News, v. the City of Paris, and as some of the Councilmembers were not present at the beginning of this suite, gave background information regarding this matter. City Attorney Haynes said after receiving the Judge's letter he had prepared an Agreed Judgement in accordance with what we think the judge's letter stated which had been presented to the Councilmembers, and asked for the Council's directions as one of their attorneys in this matter to authorize us to move forward with this Agreed Judgement. A motion was made by Councilman Clifford to attempt to set up a meeting with the representatives of the Paris News, present the judgement to them, and also present it to the Courts, and recommended amending our City Charter by revision to conform to the Open Meeting Act. The motion was seconded by Councilman Bell, and carried 7 ayes, 0 nays. Under City Manager Report, he made the following comments "I will take a minute to correct something that were stated by an attorney representing a group of employees in the previous meeting that we had. One of the statements that was made by the attorney was that in referring to city staff said the average of the group today being the staff sampled the minimum wage was $8.34 an hour whereas in Paris our minimum is $6.61 an hour, and that figure was presented in the newspaper as the attorney stated, was later corrected by the newspaper in a subsequent story without any mention that it was a correction. The minimum wage was really $6.34 per hour, the average of the group that was sampled was $6.34 an hour whereas the minimum in Paris is $6.61 an hour that is a big difference. There was reference made by the attorney to a statement made in the previous years budgeting process, a quote attributed to me in the Paris News "that you have got to raise the top before you can raise the middle ". That statement was taken out of context, at that time we were talking specifically about the Police Department. If you will recall, we were attempting to reclassify a number of positions throughout the Police Department from the bottom to the top, and the situation we ran in to was that it would be impossible to reclassify the Lieutenant and so on because of the low classification of the Chief of Police, but this was not in anyway in context to refer to the entire operation of the City of Paris, and did not address all employees of the City of Paris. Also, a term ranks, meaning that to have room for reclassification. 598 was used with in that discussion of spreading the in order to raise some of the lower ranks, we had them to move up, so we did quite a bit of There were some references made regarding staff car being available to serve everyone. There is not a staff car available as such, there is a car that is used from time to time in Public Works trips out of town by various persons, and that usually is someone from Public Works. There were a number of employees present at the meeting, I don't know if they were represented by the attorney, but there were a number of the employees that actually do not live in the city limits of the City of Paris, and therefore, not paying the property taxes and /or city utility rates. What numbers we checked indicated that the pay was in line for some of the position that were mentioned. The pay that Ms. Hammond mentioned specifically talked about Maintenance I salary, and quite a few of the employees that were present were, possibly represented by Ms. Hammond are not Maintenance I employees, but are actually Maintenance II, III, or IV employees or Maintenance Supervisors, and they are compensated at a higher rate of pay than the rate that she was discussing, of course, the legal minimum wage is $4.25 an hour, and there are many local businesses that pay the minimum wage with no benefits, and the hourly value of our benefits of our package is approximately $3.00 per hour per employee, and there is a great number of people in Paris that would want to go to work for the wages that we are paying. The process that we have tried to follow, and I think that this is something that has not be successfully communicated with in our organization. We are quite busy trying to keep the city operations going and making adjustments to find revenues and that sort of thing from year to year, and we don't have the opportunity to spend a lot of time putting out any kind of newsletter or having some meeting, we probably need to do more of that, and hope to address that in the future, but it has been a consistence policy that I have tried to follow to make an annual adjustment in the cost of living for all employees that is what I always recommend is that CPI factor for the month of May. If that is 5 %, it would be a 5% recommendation, if it is 7 %, it would be a 7% recommendation. This year in May the CPI was 2.3% and rising, and so, to be consistence with what I have done in the past, and the policies that I have explained to the Council that I was following, I recommended a 2.5% cost of living to adjust all grades and all steps in our pay process. As many of you know, and many people don't understand, the majority of or employees, other than our Civil Service employees, are under a grade and step pay plan, and in a grade there are five steps, and basically the theory( I turned the tape over here) at market value that we think is fair that is market value, and that would be step five in a particular grade, and when we hire in a new employee that is a person that has no experience, who is not trained, and not familiar with our operations, so they start out at step one, and at various times along the way they move through these steps until they are at the step which is considered to be adequate fair pay for that position. Now, each year in the budgeting process we try to appropriate monies in that process and every budget have some reclassification that we do, meaning that we find a flvl 599 particular area that it appears that we are out of line on the pay, and we ask the budget funds to reclassify that particular position, that is consistence thing that we do. That can be a maintenance position, that can be a position in a secretarial position, or any position throughout the city, that can be an administrative position. Certainly in a maintenance position, we are looking at the local labor market, we are trying to position ourself to be offering a fair wage and fair benefit package, and we try to look at those issues as they come up, there is a method with in our organization, I don't know why a group of employees has chosen not to follow the procedure, and have not gone through their supervisor and come up through the line to ask for pay increases if that is what they desire to do, but we do have a procedure in place, and any relevant information that is brought forward would certainly be considered in any particular individual case. We attempt to define the duties of the job, and sometimes we reclassify a position because of additional duties having been assigned, or additional training having changed, or the market has changed, or, there are a variety of reasons why a person may be subject to being reclassified. One of the things that the employees might fail to notice is that we have not had any layoffs. Many of the plants and businesses have had layoffs, and some of them have closed. One of the things the employees may have failed to realize is that we have consistently given some cost of living increases that were very very close, if not actually right on target with the CPI, and one of the things that the employees may not have realized is that we have reclassified many positions that were not administrative positions, and if you happen to be in a position that was not reclassified, and you are not satisfied with you pay, then, that would be a matter to be taken up with the supervisor, and if there is no satisfaction with that, it goes right on up the line, and that can be considered. The City Manager sets the pay for all the employees of the city other than the Manager and the City Attorney, and Municipal Judge, and I do that throughout the year. It is not necessarily done on an annual basis at the budget time, and it doesn't really make a lot of difference other than having funds available as to what the Manager can do to reclassify a position. We try to make a judgement as to what is necessary and do it when we think it is necessary and appropriate, and when the resources are available, so the budget process is a method of appropriating funds and addressing the needs of the city, and if we know that we are going to reclassify a certain position during the budgeting process, if we are going to make that recommendation, we work that in the budget. At some point in the midyear if we decide to reorganize a department for example, phase out some positions, or add new positions, or change positions, or reorganize position, I have the authority to do that, and that has been done, and I do that, and I make those decisions, and I alone make those decisions, and it is my name that is on the pink slip when people are hired. I think that we attempt to be as fair as we can, and try to get the most bang for the buck that we can. I don't feel that I have been unfair in any regard, we have not tried to do what some of the factories have done, and that is have a lot of temporary employment with no benefits, we have attempted to bring forth additional funds when the benefits cost to the city have increased, to help offset some of that cost to the employees as hest as we can. I personally have taken a lot of heat at previous budgets bring recommendations to the Council, for example, cost of living increases, or reclassifying certain position, or having a grade and step program. There are businesses that don't operate that way, they may hire somebody in at a certain wage, and they work three years, then they hire somebody else to do a similar job that has no experience and pay them the same thing, I don't view that as the way to operate, but there are people who operate that way, and we are going to continue to operate in the consistence manner in which I have just outlined for you. We are not going to take any steps that would be retaliatory in anyway. Those steps that some of these employees are due to be considered, if their supervisors and department heads bring that forward as a recommendation that a person move from step two to step three for example, those steps will be taken if this is the pay plan that we are under, that is what I intend to do. If our budget is approved, which has been, and the cost of living increase is budgeted at 2.5 %, these employees will get it. Now, I am going to continue the practice that we have been following all along, and continue along the road that we accelerated recently in looking for methods to streamline this operation, to downsize the operation, improve productivity, improve customer service. There are many many areas that I think that can be improved, there may be reclassifications made, there may be some areas that we can privatize, or combine departments as we go along. I view that as a long range process that we must continuously work on, it is not something that can be accomplished overnight. I tried to do this through attrition, and you are all aware of the fact that we have had some departments combined, and we have accomplished this through attrition, and through allowing persons to apply for other jobs when their jobs went away, and I intend to continue to try to streamline and improve service, and be fair to the employees. There is a lot said about my compensation package. There are plenty statistics available, but I can tell you that the same eleven cities that the attorney alluded to in her statement the other night, when looking at that average pay for City Managers, of course, City Managers are pretty easy to compare because their job description is pretty must the same. I would point out; however, that in the classification of City Manager in the size city that we have, which is 25 thousand, we have a number functions that some City Managers don't have to contend with, for example, most City Managers don't have a county wide service of a Health Department with in their budget with all those considerations to be looked after. Most City Managers in this classification don't have a Ambulance Department which is a county wide department. Many of those City Managers don't have a Library Department because they have a county library, and they don't have anything to do with that. There are very few cities the size of Paris that have the size of utility operation that we do, which would be equivalent to a city of 100,000 to 125,000 people. I might also point out that the article that appeared in the paper made a comparison to my salary when I took this job, and at the time I took this job I took it for $23,000.00 less than the previous City Manager just in salary. His compensation package was very close to $100,000.00, and with this survey over these same 11 cities the average pay is $6,033.00 per month while my current pay is $5,421.00 per month. I am approximately $3,400.00 less than the City Manager of Mt. Pleasant, which is a city of 11,000. I would challenge the Paris News to make some comparison of 601 the Publisher's salary, Mike Graxiola, with that of the lowest paid employee of the Paris News, which I would presume to be somebody throwing newspapers, or any, they could list all of their employees. I think the attorney appeared on behalf of some employees, and made an argument based on emotion, and presented on facts to indicate that there was anything out of line with the pay other than to say the maintenance departments should all be compensated in accordance with what the City Manager is compensated, or the City Manager and the administrative staff salary should be cut. I think that is purely an emotional argument, and is out of line. Also, something that was lost in that meeting, a lot of these folks, some of these folks at least are due for step increases, so some of these folks are going to get an increase of more than 2.5 %, some of the other that might not be slated for one might be one of those positions that might be reclassified for some reason, certainly somebody brings information to indicate that necessary, on an individual basis, we will look at that. Compare those same 11 cities for the current salaries, the same 11 cities that we compared for labor on a monthly basis, I am '11% under the average of those cities, not even taking into consideration the size and scope of our operation. If my compensation goes to step three with this 2.5% cost of living increase, that will be $68,328.00 or $5,694.00 monthly, and I will still be 6% under the average of the 11 cities surveyed, if none of those City Managers gets a cost of living increase, or a raise, or a step. Mt. Pleasant's City Manager makes $3,444.00 more a year right now than I do. I might further point out to you that the Manager of the Chamber of Commerce makes more money than I do, he has 5 or 6 employees, and I have 325 employees, his car allowance is more than my car allowance, his budget is less than one -half a million dollars, and our budget is approximately 24 million dollars, and the size and scope of this operation, the value of all the assets probably exceed that of any industry in Paris, and, so, I think that just to simplify it, I think that because we have a Plaintiff in a law suite that buys ink by the barrel that I have been unfairly criticized, and I think that is probably associated with the law suite and some ill will on their part, and I for one would like to promote harmony, certainly extend the olive branch to the Paris News, we had a handshake back in January that we would come to an agreement, and we have not yet been able to come to an agreement, and I think that we are on the right track. The Judge has written a letter that has accepted the legal theory upon which our Council has based our case, which our City Attorney has said all along was true, and I believe that the matter can be settled, and I for one am willing to work very hard to improve the City and the compensation of the city employees, and the perception of city government, and all other aspects of the City, and I would hope that the employees and the Paris News and the attorneys would all go forward with that same positive attitude ". There being no further business, the meet' adjo rned. D N SH LT Y TY OF PARIS ATTEST: MAT TIE CUNNINGHAM, CITY LERK 'f MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL October 6, 1994 The City Council of the City of Paris met in regular session, Thursday, October 6, 1994, 6 :00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Wayne Brown, Aaron Jenkins, and John Bell. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Mayor Shelton declared the public hearing open to consider annexation and proper zoning upon annexation of a 29.72 acres of land of the proposed Stillhouse Estates Subdivision. Mayor Shelton called for proponents to appear, and Bobby Smallwood in favor of the annexation.. Mayor Shelton called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Fulbright, seconded by Councilman Bell to bring Agenda Items 3A, 34B and 3C forward. The motion carried 7 ayes, 0 nays. Resolution No. 94 -126, amending Resolution No. 94- 099, - authorizing the execution of an application for the Texas Department of Transportation Statewide Transportation Enhancement Program Grant for Walker Park Surface Water Runoff Pollution and Flood Mitigation Project, was presented. A motion was made by Councilman Clifford, seconded by Councilman Brown for approval of the resolution. The motion carried 7 ayes, 0 nays. 603 RESOLUTION NO. 94 -126 WHEREAS, the City Council of the City of Paris did heretofore on the 8th day of August, 1994, pass Resolution No. 94 -099, which said Resolution was not in the exact form desired by the Texas Department of Transportation and requires amendment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that -- Resolution No. 94 -099, be, and the same is hereby, amended to read as follows: "WHEREAS, the Texas Department of Transportation provides funding for Statewide Transportation Enhancement Program grants; and, WHEREAS, the City Council of the City of Paris is desirous of processing an application for the Statewide Transportation Enhancement Program grant for the WALKER PARK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT at a total cost of $276,000.00, with $220,800.00 to be provided by grant and $55,200.00 to be provided by the City of Paris in the form of local funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Department of Transportation for a Statewide Transportation Enhancement Program grant for the WALKER PARK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT in the amount of $220,800.00, being approximately 80% of the estimated cost of the transportation enhancement project, with the City of Paris providing $55,200.00 in the form of local funds. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Earl Smith,, City Engineer, be, and lie is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and lie is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for the WALKER PARK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT." PASSED AND ADOPTED this 6th day of October, 1994. Don • • _ ATTEST: Mattic Cunningham, City C rk APPROVED AS TO FORM: T. K. layn , City Attorney fQ Resolution No. 94 -127, amending Resolution No. 94 -100, authorizing the execution of an application for the Texas Department of Transportation Statewide Transportation Enhancement Program Grant for Wade Park Surface Water Runoff Pollution and Flood Mitigation Project, was presented. A motion was made by Councilman Clifford, seconded by Councilman Brown for approval of the resolution. The motion carried 7 ayes, 0 nays. C05 RESOLUTION NO. 94 -127 WHEREAS, the City Council of the City of Paris did heretofore on the 8th day of August, 1994, pass Resolution No. 94 -100, which said Resolution was not in the exact form desired by the Texas Department of Transportation and requires a►nendment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that — Resolution No. 94 -100, be, and the same is hereby, amended to read as follows: "WHEREAS, the Texas Department of Transportation provides funding for Statewide Transportation Enhancement Program grants; and, WHEREAS, the City Council of the City of Paris is desirous of processing an application for the Statewide Transportation Enhancement Program grant for the WADE PARK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT at a total cost of $276,000.00, with $220,800.00 to be provided by grant and $55,200.00 to be provided by the City of Paris in the form of local funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Department of Transportation for a Statewide Transportation Enhancement Program grant for the WADE PARK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT in the amount of $220,800.00, being approximately 80% of the estimated cost of the transportation enhancement project, with the City of Paris providing $55,200.00 in the form of local funds. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Earl Smith, City Engineer, be, and lie is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for the WADE PARK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT." PASSED AND ADOPTED this 6th day of October, 1994. a -- Don • ATTEST: Mattie Cunningham, City Cler APPROVED S TO FORM: i T. 0 Haynes, Xlly Attorney Me Resolution No. 94 -128, amending Resolution No. 94 -101, authorizing the execution of an application for the Texas Department of Transportation Statewide Transportation Enhancement Program Grant for Plum Street, 1900 Block Surface Water Runoff Pollution and Flood Mitigation Project, was presented. A motion was made by Councilman Clifford, seconded by Councilman Brown for approval of the resolution. The motion carried 7 ayes, 0 nays. 607 RESOLUTION NO. 94 -128 WHEREAS, the City Council of the City of Paris did heretofore on the 8th day of August, 1994, pass Resolution No. 94 -101, which said Resolution was not in the exact form desired by the Texas Department of Transportation and requires amendment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Resolution No. 94 -101, be, and the same is hereby, amended to read as follows: "WHEREAS, the Texas Department of Transportation provides funding for Statewide Transportation Enhancement Program grants; and, WHEREAS, the City Council of the City of Paris is desirous of processing an application for the Statewide Transportation Enhancement Program grant for the PLUM STREET 1900 BLOCK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT at a total cost of $214,000.00, with $171,200.00 to be provided by grant and $42,800.00 to be provided by the City of Paris in the form of local funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Department of Transportation for a Statewide Transportation Enhancement Program grant for the PLUM STREET 1900 BLOCK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT in the amount of $171,200.00, being approximately 80% of the estimated cost of the transportation enhancement project, with the City of Paris providing $42,800.00 in the form of local funds. 2. That Michael E. Malone, City Manager of tale City of Paris, be, and he is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Earl Smith, City Engineer, be, and he is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and lie is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for the PLUM STREET 1900 BLOCK SURFACE WATER RUNOFF POLLUTION AND FLOOD MITIGATION PROJECT." PASSED AND ADOPTED this 6th day of October, 1994. i Don Shelton, ayor AT'T'EST: Mattic Cunningham, City Cler APPROVED AS TO FORM: T. K. ayn ,City Attorney G V City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Ordinance No. 94 -044 revising Section 26 -1 of the Code of Ordinances of the City of Paris. A motion was made by Councilman Clifford, seconded by Councilman Brown authorizing the preparation of an ordinance amending Ordinance No. 94 -044 revising Section 26 -1 of the Code of Ordinances of the City of Paris. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -045 AN ORDINANCE AMENDING ORDINANCE NO. 94 -044 OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, BE AMENDED BY REVISING SECTION 26 -1, OF SAID CODE; PROVIDING FOR EXPANSION OF THE POLICE DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 6, 1994 was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 94 -129, authorizing making final offer for right -of -way for proposed street from the West boundary line of 1st Street S. W., formerly Wall Street, to a point in the Center Line of 4th Street S. W. along the old Southern Pacific Railroad right -of -way, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. cog RESOLUTION NO. 94 -129 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -123, authorize the procurement of right -of -way for the construction of a new street from the West boundary line of Ist Street S.W., formerly Wall Street, to a point in the center line of 4th Street. S.W. along the old Southern Pacific Railroad Right -of- Way Project; and, WHEREAS, the property needed for said project has been appraised and it is right and proper that the City Attorney offer said appraised amount to the owner of such property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Attorney, T. K. Haynes, be, and lie is hereby authorized and directed to make a final offer of the appraised amount of the right -of -way referenced in Resolution No. 94 -123 and described in Exhibit A attached hereto, and, in the event that such sum is not acceptable to the owner of such property, to proceed as authorized in said Resolution No. 94 -123. PASSED AND ADOPTED this 6th day of Octob r, 1994. Won Shelton, or ATTEST: Matti CngmCC k- APPROVED AS TO FORM: T. K. Haynes, CitfAttorney Resolution No. 94 -130, authorizing amending the Comprehensive Plan for Thoroughfares, Land Use, Parks and Open Space, and Housing, Paris, Texas, to change the access from 1st Street N. W. to North Main Street, was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -130 WHEREAS, a Comprehensive Plan for Thoroughfares, Land Use, Parks and Open Space, and Housing, Paris, Texas, June, 1981, was adopted by the City Council of the City of Paris, on December 14, 1981, and requires amendment due to changing circumstances; and, WHEREAS, the proposed 1983 -1986 Urban Project Number MI -1715, proposes North Main Street to be one way north from Lamar Avenue North to the intersection of 1st Street Northwest in the 1700 and 1800 blocks of North Main Street; and, WHEREAS, the suggested connection of 1st Street Northwest and North Main Street in the 1700 and 1800 blocks of North Main Street is an improvement to the connection heretofore depicted on the Circulation Plan of the Comprehensive Plan for Thoroughfares, Land Use, Parks and Open Space, and Housing, which plan should be amended to reflect this more desirable connection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that the Comprehensive Plan for Thoroughfares, Land Use, Parks and Open Space, and Housing, for the City of Paris should be, and the same is hereby amended so as to reflect the connection of 1st Street Northwest with North Main Street in the 1200 and 1300 blocks of North Main Street as shown on Exhibit A attached hereto as the connection included in the Circulation Plan, Plate 7 of the Comprehensive Plan for Thoroughfares, Land Use, Parks and Open Space, and Housing for the City of Paris. PASSED AND ADOPTED this 6th day of October, 1994. Mayor 4011 SheltS'11, Mayor ATTEST: Mattie Cunningham, City C rk "aynes, FORM: torney There being no furth er businessatheMeting r . 0 0 TY OF PARIS ATTEST: 1 � • T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL October 10, 1994 The City Council of the City of Paris met in regular session, Monday, October 10, 1994, 6:00 P. M., City Council Chamber, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Invocation was given by Police Chief, Karl Louis. Mayor Shelton asked if there were any corrections to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards and commissions with minutes from the Paris Public Library Advisory Board, and Paris Economic Development Corporation Board with no action being required. Joe McCollum, Director of Community Development, present the minutes of the Planning and Zoning Commission's meeting held, October 3, 1994, and attached hereto as part of these minutes as Exhibit A. City Manager Malone announced that the next item on the agenda was a public hearing to consider the petition of Jim Bell for a change in zoning from a Two Family Dwelling District (2F) to -a General Retail District (GR) on Lot 4, City Block 254 being number 2200 Clarksville Street. Mayor Shelton advised that Mr. Bell has asked for a continuous on the zoning of this property, but he understood that there are people in the audience representing opposition of the zoning change, and asked the City Attorney if this was appropriate. City Attorney Haynes said it would be appropriate to conduct the public hearing, and then it would be up to the chair as to whether we continue the public hearing to another date certain or not, and then when an action item comes up on this item, if they have requested a delay, then it would be appropriate for someone to make a motion that that matter be tabled. Mayor Shelton declared the public hearing open, and called for proponents to appear, and none appeared. Mayor Shelton called for opponents to appear, Attorney, 2152 Clarksville, appeared before the himself, his wife, and neighbors. Mr. McLaughlin property east of his, and told the Council neighborhood tried to maintain their homes, but to General Retail would destroy the use of thei signed by twelve property owners was presented by and Don McLaughlin, Council representing stating that this is that those in the to change the zoning r homes. A petition Mr. McLaughlin. Mr. 61 McLaughlin urged the Council to follow the Planning and Zoning Commission's recommendation to deny the zoning change. Catherine Carrington, 2141 Clarksville Street, also appeared before the Council in opposition of the zoning change. No one else appeared, and the public hearing was declared closed. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Two Family Dwelling District (2F) to a General Retail (GR) on Lot 4, City Block 254 being number 2200 Clarksville Street. A motion was made by Councilman Clifford, seconded by Councilman Fulbright to deny the zoning change of Lot 4, City Block 254. The motion carried 7 ayes, 0 nays. Councilman Bell told the Council that he could not vote on the above item due to the fact that he owns property with in the 200 feet area of the property in question, and requested that he be excused . A motion was made by Councilman Clifford to suspend the rules and allow the removal of Councilman Bell from the council meeting. The motion was seconded by Councilman Fulbright, and carried 6 ayes, 0 nays. A motion was made by Councilman Clifford to renew his motion to deny the zoning change of Lot 4, City Block 254. The motion was seconded by Councilman Fulbright, and carried 6 ayes, 0 nays. A motion was made by Councilman Clifford, seconded by Councilman Jenkins to allow Councilman Bell to return to the Council chambers. The motion carried 6 ayes, 0 nays, and Councilman Bell entered the Council chambers and assumed his seat at the council table. Mayor Shelton declared the public hearing open on the petition of Alice Sterling for a change in zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit - Billboard Sign (52) on Lot 1FB, City Block 306 being number 2870 North Main Street. Mayor Shelton called for proponents to appear, and Carles Sterling, 6185 Lamar Road, appeared stating that he was seeking the zoning change for the purpose of erecting a 10' x 30' all steel billboard on this property for off site advertising. Discussion was had regarding the existing billboard permit on the lot adjacent to the above property. City Attorney Haynes advised that his information is that the sign is no longer in existence. It has been removed, or damaged, but the zoning is still there. Mr. Sterling said that he has the State handbook, and they also control that location, and anytime that the sign is not maintained, or is removed, it is automatically removed. City Attorney Haynes said that it may well be that the State permit is revoked automatically under the 613 circumstances that Mr. Sterling said, but the zoning is not automatically revoked by the City of Paris, so it would be appropriate, if the Council is interested in doing so, to instruct city staff to bring forward at the next regular council meeting a resolution beginning the process of back zoning the adjacent property to remove the impediment of a Permit - Specific Use Billboard Sign on the adjoining lot, and at which time the Council would be free and without reason to hold up on this request that is before them tonight. City Attorney Haynes said if it is the Council's intention, the appropriate action would be for Item No. 6 to be tabled, and instructions be given to city staff as he had mention. No one else appeared, and the public hearing was declared closed. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit - Billboard Sign (52) on Lot 1FB, City Block 306 being 2870 North Main Street. A motion was made by Councilman Clifford, seconded by Councilwoman McDonald authorizing preparation of the ordinance pending back zoning of the adjoining lot, and amending the action item on the agenda. The motion carried 7 ayes, 0 nays. Mayor Shelton declared the public hearing open to consider the petition of Jerry McFadden for a change in zoning from a One Family Dwellin District No. 2 (SF -2) to a Multi - Family Dwelling District No. 1 (MF -1? on Lots 3, 3A, 4 and 4 -A, City Block 206 located between West Austin Street and West Kaufman Street, approximately 150 feet east of 21st Street S. W. Mayor Shelton called for proponents to appear, and none appeared. Mayor Shelton called for opponents to appear, and Charles Scott, 1975 West Austin, appeared before the Council presenting a petition in opposition of the zoning change. Mr. Scott said it would disrupt their neighborhood with more traffic and more noise. Bill Hillard, Scott Gentry, and Joyce Tomblin representing her mother, appeared in opposition to the zoning change. No one else appeared, and the public hearing was declared closed. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Multi- Family Dwelling District No. 1 (MF -1) on Lots 3, 3A, 4, and 4A, City Block 206. A motion was made by Councilwoman McDonald, seconded by Councilman Jenkins to deny preparation of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Shelton declared the public hearing open to consider the petition of Douglas D. Cruise for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a One Family Dwelling District No. 3 (SF -3) Si and Specific Use Permit - Mobile Home (39) on Lot 13A, City Block 229 being number 545 15th Street S. W. Mayor Shelton called for proponents to appear, and none appeared. Mayor Shelton called for opponents to appear, and Mrs. Jack Thompson appeared before the Council speaking in opposition to a mobile home being permitted, and submitted a petition signed by four area property owners. No one else appeared, and the public hearing was declared closed. City Manager Malone called for consideration of and action on preparation of an ordinance amending Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a One Family Dwelling District No. 3 (SF -3) and Specific Use Permit - Mobile Home (39) on Lot 13A, City Block 229. A motion was made by Councilman Brown to deny the preparation of the ordinance. The motion was seconded by Councilman Jenkins, and carried 7 ayes, 0 nays. Mayor Shelton declared the public hearing open on the petition of North Lamar Independent School District for a change in zoning from an Agricultural District (A) and Commercial District (C) to a Public Land and Institutions District (PLI) on part of Lot 4, City Block 306 -A located on the north side of Stone Avenue, east of North Main Street. Mayor Shelton called for proponents to appear, and James Dawson, Superintendent, for North Lamar Independent School District, was present telling the Council they needed the zoning in order to get a building permit for the new high school facility. Mayor Shelton called for opponents to appear, none appeared, and the public hearing was declared closed. City Manager Malone called for consideration of and action on the preparation of an ordinance amending Ordinance No. 1710 changing the zoning from an Agricultural District (A) and Commercial District (C) to a Public Land and Institutions District (PLI) on part of Lot 4, City Block 306 -A. A motion was made by Councilman Brown, seconded by Councilman Clifford authorizing the preparation of an ordinance. The motion carried 7 ayes, 0 nays. Mayor Shelton declared the public hearing open to consider the annexation and proper zoning upon annexation of a 29.72 acre tract of land located on the north side of Loop 286 N. E. and on the east side of Stillhouse Road (Stillhouse Estates) owned by Bobby Smallwood and Glenn Townes. No one appeared for or against the annexation, and the public hearing was declared closed. City Manager Malone called for consideration of and action on approval of the Preliminary Plat of Lot 17 -B, City Block 311. A motion was made by Councilman Clifford, seconded by Councilman Bell for approval of the Preliminary Plat of Lot 17 -B, City Block 311 subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. City Manager announced that the next item on the agenda was consideration of and action on approval of the Final Plat of Lot 17 -B, City Block 311. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the Final Plat subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. City Attorney Haynes presented the following petition for rezoning: Jim Bell, Lots 4 and 5, Block 119, from MF -1 District to Office District. Mayor Shelton referred the petition to the Planning and Zoning Commission for their study and recommendation at their meeting November 7, 1993, and before the City Council November 14, 1994. No action was taken on an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Two Family Dwelling District (2F) to a General Retail District (GR) on Lot 4, City Block 254 located at 2200 Clarksville Street. City Manager Malone said the next item on the agenda was an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit - Billboard Sign (52) on Lot 1FB, City Block 306 located at 2870 North Main Street. A motion was made by Councilman Clifford, seconded by Councilman Fulbright to table action on the ordinance, and directed City Staff to back zone the previously invalidated zoning of Specific Use Permit - Billboard Sign on Lot 1FA, Block 306, so that the Council can take this matter off the table the same night as we do the zoning of Lot 1FB, Block 306. The motion carried 7 ayes, 0 nays. City Manager Malone advised the Council that no action was needed on an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 to a Multi- Family Dwelling District No. 1 on Lots 3, 3A, 4 and 4A, city Block 206 located between West Austin Street and West Kaufman Street. City Manager Malone advised the Council. that no action was needed on an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 to a One Family Dwelling District No. 3 and Specific Use Permit - Mobile Home (39) on Lot 13A, City Block 229. ORDINANCE N0. 94 -046 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PUBLIC LANDS AND INSTITUTIONS DISTRICT (PLI) ON PART OF LOT 4, CITY BLOCK 306 -A, ON PROPERTY BELONGING TO NORTH LAMAR INDEPENDENT SCHOOL DISTRICT, SO AS TO INCLUDE THEREIN 616 TERRITORY' FORMERLY DESIGNATED AS A AGRICULTURAL DISTRICT (A); AND DESIGNATING THE BOUNDARIES OF THE PUBLIC LANDS AND INSTITUTIONS DISTRICT (PLI) SO ESTABLISHED was presented. A motion was made by Councilman Bell, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -047 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING THE TRAFFIC CONTROL MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31 -65 OF SAID CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 1, 1994 was presented. A motion was made by Councilman Brown, seconded by Councilwoman McDonald for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -048 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF PARIS; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS was presented. A motion was made by Councilman Clifford, seconded by Councilwoman McDonald for adoption of the ordinance: The motion carried 7 ayes, 0 nays. City Manager called for the tabulations of bids for furnishing, delivery and servicing of uniforms for use by the City Departments, and the following bids were presented: Aratex Services, Inc. Unifirst Corp. National Uniform Service Aratex Services, Inc. Unifirst Corp. National Uniform Service USED UNIFORMS $25,680.20 $35,581.00 No Bid NEW UNIFORMS $27,846.00 $37,128.00 $40,222.00 City Manager Malone advised the Council that the recommendation of the Director of Public Works, Ballard Huddleston, was to award the bid for furnishing and servicing uniforms to the low bidder, Aratex Services, 617 Inc. for used uniforms in the amount of $4.15 per week per employee, which equates to an annual cost of $25,680.20. A motion was made by Councilman Jenkins, seconded by Councilman Fulbright to award the bid to Aratex Services, Inc. as recommended by Mr. Huddleston for used uniforms. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of two (2) leased vehicles, with option to purchase for the Paris Police Department, and the following bids were presented: JAMES HODGE MOTOR CO. Veh #1 1995 GMC Pickup $1,097.15 up front 372.15 per month $4,093.65 per year Purchase Price after 1st Year $12,597.70 Veh #2 1994 Pontiac Grant Prix $1,689.97 up front 664.97 per month $7,314.67 per year Purchase Price after 1st Year $10,929.05 LOWRY CHEVROLET, INC. Veh #1 1994 Chevrolet 1/2 Ton Pickup No Down - 12 months at $ 553.16 Option to purchase at end of lease $9,619.56 Mile Limitation: 15,000 miles Excessive miles: 10t per mile unless purchase option os executed. Veh #`L 1994 Lumina 4 Door Sedan No Down - 12 months at $ 620.48 Option to purchase at end of lease $10,996.65 Miles Limitation: 15,000 miles Excessive Miles: 10¢ per mile unless purchase option is executed. City Manager Malone told the Council that this is in connection with the City's Auto Theft Task Force, and advised that the recommendation of the Police Chief, Karl Louis, was to delay awarding this bid at this time due to some other purchase lease options which he has found out may be more economically advantageous for the City, and which he is now in the process of bidding competitively. After discussion, a motion was made by Councilman Brown, seconded by Councilman Jenkins to table action on awarding the bid for two leased vehicles for the Police Department. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of maintenance /custodial service for the following City of cis Page 8 City Council Meeting Oct. 10, 1994 Paris buildings: City Hall, Water Billing Office, City Hall Annex and the Paris Public Library, and the following bids were presented: J & L Janitorial $2,100.00 per month Resource Personnel Agency $5,328.58 " " Baldwin Janitorial Service $1,950.00 " " Travis Johnson $1,500.00 " " City Manager Malone said it was the recommendation of Dick Boots, Director of Community Facilities, to award the bid to J & L Janitorial in the amount of $2,100.00 per month. A motion was made by Councilman Clifford, seconded by Councilwoman McDonald awarding the bid to J & L Janitorial in the amount of $2,100.00 per month. The motion carried 7 ayes, 0 nays. Resolution No. 94 -131, authorizing and directing the Mayor of the City of Paris, Don Shelton, to execute on behalf of the City of Paris the contract with Aratex Services, Inc. for furnishing and servicing employee uniforms for various city departments. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford for approval of the resolutions. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -131 WHEREAS, the City Council of the City of Paris, did in Ordinance No. 94 -042 on September 19, 1994, authorize the furnishing and service of employee uniforms for various City Departments, and bids for such were received until 3:00 o'clock P.M., Tuesday, September 27, 1994; and, WHEREAS, the best bid for the furnishing and service of employee uniforms was made by ARATEX SERVICES, INC., Route 1, Box 355 -B, Paris, Texas 75460, and it should be awarded the bid for such; and, WHEREAS, (lie form of contract for furnishing and servicing employee uniforms attached hereto as Exhibit A, should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that the bid of ARATEX SERVICES, INC., upon the terms and conditions shown on the contract attached hereto as Exhibit A, is hereby accepted and let conditioned upon said uniforms meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby, authorized and directed to execute on behalf of the City of Paris the contract for furnishing and servicing employee uniforms for various City Departments, upon the terms and conditions and in the form shown in Exhibit A attached hereto, with ARATEX SERVICES, INC. PASSED AND ADOPTED this 10th day of October, 1994. on Shelton, Mayor-\I ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. K. Haynes, WAttorney 62( EMPLOYEE UNIFORMS CONTRACT STATE OF TEXAS } COUNTY OF LAMAR } KNOW ALL MEN BY THESE PRESENTS: THAT, the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor, Don Shelton, duly authorized, hereinafter called CITY, and ARATEX SERVICES, INC., by and through its District Manager, Jim Bowman, Hwy 271, Route 1, Box 355 -13, Paris, Texas 75460, hereinafter called ARATEX do hereby contract and agree as follows: 1. ARATEX will furnish and service used uniforms on a weekly basis, replace lost or damaged garments, including name plate and City emblem and preparation for new employees. 2. ARATEX will pick up and deliver at the following locations in the City of Paris: 1) Water Treatment Plant, 2) Wastewater Plant, 3) Wise Field, 4) City Hall Annex, 5) Water Billing Office, and 6) Department of Public Works, said locations subject to change to best serve the employees of CITY. 3. Tile term of this contract is for a period of two (2) years beginning November 1, 1994, and ending October 31, 1996. CITY shall reserve the right to terminate the contract at any time due to non- performance or poor service by ARATEX. However, CITY has the right to exercise an option for an additional one (1) year upon the same terms and conditions, which year would begin November i, 1996, and end on October 31, 1997. iiMPLOYlili UNIT ORMS CONTRACT . Pagc 1 621 4. ARATEX will furnish monthly invoice for services rendered in accordance with the "invitation to Bid for Furnishing and Servicing Employee Uniforms for Various City Departments, Department of Public Works, September, 1994 ", attached hereto as Exhibit A. 5. ARATEX will furnish uniforms in accordance with the bid specifications attached hereto as Exhibit A. EXECUTED this 10th day of October, 1994. CITY OF PARIS Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney ARATEX SERVICES, INC. Jim Bowman, District Manager EMPLOYEE UNIFORMS ('(NJTRA( "r . Ngc 2 STATE OF TEXAS } COUNTY OF LANTAR } BEFORE ME, the undersigned authority, on this day personally appeared Don Shelton, Mayor, City of Paris, Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of October, 1994. Notary Public, State of Texas STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Jim Bowman, District Manager, ARATEX SERVICES, INC., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of October, 1994. Notary Public, State of Texas Printed Name: Commission Expires: EMPLOYEE UNIFORMS CONTRACT - Psgc 3 c2 a INVITATION TO BID FOR FURNISHING AND SERVICING EMPLOYEE UNIFORMS FOR VARIOUS CITY DEPARTMENTS DEPARTMENT OF PUBLIC WORKS THE CITY OF PARIS PARIS, TEXAS 75460 SEPTEMBER, 1994 EXHIBIT 624 Publish dates: September 4, 1994 and September 11, 1994 LEGAL NOTICE The City of Paris will receive sealed bids at the Office of the City Manager, City of Paris, P.O. Box 9037, Paris, Texas, 75461 -9037 for furnishing and servicing UNIFORMS for use by various City Departments. Bids will be received until 3:00 P.M., Tuesday, September 27, 1994, at which time all bids received will be opened, read aloud, tabulated and referred to the City Manager. Bids will then be referred to the City Council for consideration at its meeting, Monday, October 10, 1994, which begins at 6:00 P.M. Information, specifications and bid forms may be obtained at the Office of the City Manager', 'City Hall, Paris, Texas 75461 -9037. Those submitting bids` are notified of city exemption from otherwise applicable sales and excise taxes. The City of Paris reserves the right to reject any or all bids, to waive any informality in bidding, and to award bids as may be advantageous to the City. Mattie Cunningham, City Clerk INSTRUCTIONS TO BIDDER PLACE COMPLETED "BID FORM" IN SEALED ENVELOPE CLEARLY MARKED ON THE OUTSIDE OF THE ENVELOPE "SEALED BID, UNIFORMS" AND RETURN TO THE OFFICE OF CITY MANAGER, CITY OF PARIS, P. 0. BOX 9037, PARIS, TEXAS 75461 -9037, NO LATER THAN 3:00 P.M. ON TUESDAY, SEPTEMBER 27, 1994, AT WHICH TIME THE BIDS WILL BE PUBLICLY OPENED AND TABULATED FOR PRESENTATION TO THE CITY COUNCIL AT ITS MEETING ON MONDAY, OCTOBER 10, 1994. BID FORM "NEW UNIFORMS" TO: MAYOR AND CITY COUNCIL CITY OF PARIS POST OFFICE BOX 9037 PARIS, TEXAS 75461 -9037 FROM: (NAME OF BIDDER) (ADDRESS) (ADDRESS) RE: FURNISH AND SERVICING "NEW UNIFORMS" PURSUANT TO AND IN COMPLIANCE WITH YOUR BID SPECIFICATIONS FOR FURNISHING AND SERVICING "NEW UNIFORMS ", WE BID THE FOLLOWING: 1. Weekly rental and service charge $ (per employee) 2. Replacement cost for lost or SHIRT $ damaged garment, including name plate and city emblem PANTS $ 3. Preparation charge, new employee $ (added 30 days after effective date of contract) 11- complete sets of uniforms, including name plate and city emblem (per employee) DEVIATIONS BELOW THE MINIMUM SPECIFICATIONS WILL NOT BE CONSIDERED. BY: TITLE: DAY OF 1994. TO BE DELIVERED WITH CALENDAR DAYS AFTER RECEIVING ORDER. C27 BID FORM "USED UNIFORMS" TO: MAYOR AND CITY COUNCIL CITY OF PARIS POST OFFICE BOX 9037 PARIS, TEXAS 75461 -9037 FROM: Aratex Services, Inc. Hwy. 271, Rt. 1, Box 355 -B Paris, TX 75460 u ScP 2 7 i994 crr aKi >, P (NAME OF BIDDER) (ADDRESS) (ADDRESS) RE: FURNISH AND SERVICING "USED UNIFORMS" PURSUANT TO AND IN COMPLIANCE WITH YOUR BID SPECIFICATIONS FOR FURNISHING AND SERVICING "USED UNIFORMS ", WE BID THE FOLLOWING: 1. Weekly rental and service charge $ 4.15 (per employee) 2. Replacement cost for lost or SHIRT $ 7.00 damaged garment, including name plate and city emblem PANTS $ 8.00 3. Preparation charge, new employee $ 11.00 (added 30 days after effective date of contract) 11- complete sets of uniforms, including name plate and city emblem (per employee) DEVIATIONS BELOW THE MINIMUM SPECIFICATIONS WILL NOT BE CONSIDERED. BY: Jim Bowman TITLE: District Manager 14th DAY OF September , 1994. TO BE DELIVERED WITHIN 30 CALENDAR DAYS AFTER RECEIVING ORDER. N BID FORM "NEW UNIFORMS" TO: MAYOR AND CITY COUNCIL CITY OF PARIS POST OFFICE BOX 9037 PARIS, TEXAS 75461 -9037 FROM: Aratex Services, Inc. Hwy. 271, Route 1, Box 355 -B Paris, TX 75460 a EP 2719'-4 CITY PARIS, TEXAS (NAME OF BIDDER) (ADDRESS) (ADDRESS) RE: FURNISH AND SERVICING "NEW UNIFORMS" PURSUANT TO AND IN COMPLIANCE WITH YOUR BID SPECIFICATIONS FOR FURNISHING AND SERVICING "NEW UNIFORMS ", WE BID THE FOLLOWING: 1. Weekly rental and service charge $ 4.50 (per employee) 2. Replacement cost for lost or SHIRT $ 8.00 damaged garment, including name plate and city emblem PANTS $ 9.00 3. Preparation charge, new employee 511.00 (added 30 days after effective date of contract) 11- complete sets of uniforms, including name plate and city emblem (per employee) DEVIATIONS BELOW THE MINIMUM SPECIFICATIONS WILL NOT BE CONSIDERED. BY: . Jim Bowman TITLE: District Manager 14th DAY OF September 1994. TO BE DELIVERED WITH 30 CALENDAR DAYS AFTER RECEIVING ORDER. 629 CITY OF PARIS DEPARTMENT OF PUBLIC WORKS BID SPECIFICATIONS FOR FURNISHING AND SERVICING UNIFORMS It is estimated that 119 employees the following departments: Public Utilities, Water Business Office, Employees of the Police Departme furnished for the period beginning October 31, 1996. will require uniforms from Works, Engineering, Parks, Purchasing and Custodial .it • Uniforms will be November 1, 1999 through Exact quantities cannot be determined, but estimates are given as shown above. Quantities may be increased or decreased to meet the requirements of the various City Departments during the period shown above. The successful bidder will be notified in writing when the bid is awarded. Also, a contract will be prepared by the City of Paris and awarded to the successful bidder. PICKUP, DELIVERY AND SERVICE Pickup and delivery points will be at the following locations located in the City of Paris: (1) Water Treatment Plant (2) Wastewater Plant (3) Wise Field (4) City Hall Annex (5) Water Billing Office (6) Department of Public Works (7) Custodial Employees of the Police Department These locations are subject to change to employees of the City of Paris. The service best serve the on a weekly basis. provided will be BASIS OF AWARD The City of Paris reserves the right to reject any. and all bids, to waive any informality in bidding bid as may be advantageous to the City of Paris. to award the 1 The successful bidder will be awarded a two (2) year contract beginning November 1, 1994, through October 31, 1996. The City of Paris shall reserve the right to terminate the contract at any time due to non - performance or poor service by the vendor. PRICE AND PAYMENT Bidder is hereby notified that the City of Paris is exempt from State and Local Sales Tax; exemption number is 1 -75- 6000- 535 -9. A certificate will be furnished upon request. The City of Paris will be furnished a monthly invoice for services rendered. This invoice shall include all services rendered for the preceding month. Payment will be made by the City of Paris within thirty (30) days after receipt and approval of monthly invoice. BID FORM 1. All bids must be submitted on an Official City of Paris "BID FORM ". 2. The City of Paris will receive an alternate bid for "USED UNIFORMS ". 3. Separate Bid Forms are furnished in the bid package for quotations for "NEW" and "USED" uniforms. N 631 CITY OF PARIS DEPARTMENT OF PUBLIC WORKS UNIFORMS SPECIFICATION FOR USE IN VARIOUS DEPARTMENTS GENERAL: It is the purpose of these specifications to describe "NEW UNIFORMS "; however, the City of Paris will receive an alternate bid for PRESENTABLE, DURABLE, and WEARABLE "USED UNIFORMS" complying with the specifications. A uniform sample must be furnished with the bid. Eleven (11) sets of uniforms will be provided per employee; where applicable, cotton uniforms will be provided at no additional charge. Preparation charges will include measurements, installing name and city emblems, and identification tags on garments. These charges will not be applied to existing employees at the beginning of the contract. Each bidder shall provide three (3) references of customers presently being served by their company. Al uniform work Aants are -to be pressed. Any flaws found in uniforms will be corrected at no cost to the City of Paris. WORK PANTS: REGULAR CU' Style: 1. Capped waistband with 3" total outlet band; 2. 2 -piece band joined at the outlet to better fit the waist; 3. Quarter top front pockets with separate facings to prevent pocketing from showing if garment gaps open; 4. Belt loops, topstitched, tacked on top and bottom for maximum durability; 5. Darts above hip pockets to contour to body shape(s). Fabric: 1. A 65% polyester /35% combed cotton blend, 7.5 oz. per square yard of material; 2. In the case where man -made materials cannot be worn, the fabric shall be 100% cotton, 8.5 oz. per square yard of material, preshrunk. Mainseams: 1. Inseam /outseams sewn with Federal Standard 401 chainstitch; 2. Double needle seat seam for longer wear life; 3 �3 3. Pockets reinforced with double stitching to prevent pocket failure; 4. Outlet edges serged for wearer comfort. WORK PANTS: JEAN CUT Style: 1. Frontier style front pockets with mitered corners into sideseam for easier entry; 2. Pocket corners bartacked for additional strength at stress points; 3. Double - needle, topstitched belt loops to prevent belt loop breakage; 4. Capped waistband for wearer comfort; 5. Straight leg styling presenting a neat, contemporary appearance. Fabric: 1. A 65% polyester /35% combed cotton, 7.5 oz. per square yard of material, durable press finish; 2. In the case where man -made materials cannot be worn, the fabric shall be 100% cotton, 8.5 oz. per square yard, preshrunk. Mainseams: 1. Inseams sewn with Federal Standard 401 chainstitch; 2. Double- needle seatseam for longer wear life-; 3. Outlet edges serged for wearer comfort; 4. Pockets reinforced with double stitching to prevent pocket failure. WORK SHIRTS: Style: Shirts shall be either long or short sleeves as designated by the employee. 1. Six - button front with gripper at the neck for a smoother appearance; 2. Two -piece shaped collar with slotted stays; 3. Front panels stitched down with chain stitch to help prevent soil redeposition; 4. Two button - through pockets; 5. Separate double -yoke at the shoulder with concealed stitching for a neater appearance. 4 633 Fabric: 1. A 65% polyester /35% combed cotton material, 4.25 oz. per square yard, durable press and soil release finishes; 2. In the case where man -made materials cannot be worn, 100% cotton material, 5.25 oz. per square yard will be provided. Mainseams: I. Shoulder, sleeve, and side seams sewn with 3/8" gauge safety stitch to assure maximum seam strength; 2. Sewn in tacks at upper pocket corners to provide maximum strength at high - stress points. WORK PANTS: WOMEN Style: 1. Half- elastic industrial straight leg pant with heavy duty ratcheting zipper, hook and eye closure; Fabric: 1. A 65% polyester /35% combed cotton materials, 7.5 oz. per square yard, durable press. LAB COATS 1. An 80% polyester, 20% combed cotton material, 5.25 performance blend poplin; 2.. Durable press with soil release; 3. Five buttons, two -piece lined collar with left breast pocket, two lower pockets; 4. Knee length COLORS Pants and shirts shall colors: Gray Navy Blue Light Blue Brown Tan Lab coats are to be white be available in the following NAME T_ AG , CITY Q_F_' PARIa EMRLF t The name tag and City of Paris emblem shall be approximately 1 -1/2" high and 3 -1/2" wide (see attachment). 5 u 6. BID LIST FOR FURNISHING AND SERVICING EMPLOYEE UNIFORMS FOR VARIOUS CITY DEPARTMENTS 1) ARATEX SERVICES, INC. Hwy 271, Route 1, Box 355 -B Paris, Texas 75460 (903) 784 -8470 Attn: Mr. Jim Bowman 2) UNIFIRST CORP. 500 W. Coffin Dennison, Texas 75020 (903) 465 -1352 Attn: Mr. Mike Miller 3) NATIONAL UNIFORM SERVIVCE 315 Texas Blvd. Texarkana, Texas 75501 (903) 793 -3101 Attn: Mr. Tom Sanford A motion was made by Councilman Clifford, seconded by Councilman Jenkins to table action on awarding the bid and authorizing the execution of a contract for lease purchase agreement for two leased vehicles with option to purchase for the Paris Police Department. The motion carried 7 ayes, 0 nays. Resolution No. 94 -132, authorizing and directing the Mayor of the City of Paris, Don Shelton, to execute the contract with Weber Morgan d /b /a J & L Janitorial for maintenance and custodial service for City Hall, Water Billing Office, City Hall Annex and the Paris Public Library, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. 635 RESOLUTION NO. 94 -132 WHEREAS, the City of Paris did, by letter dated September 7, 1994, give notice that the current custodial contract with the City of Paris is being terminated for failure to perform the services required under the contract, and proceeded to advertize for bids for furnishing plant, labor, materials and equipment and performing all work required for the maintenance and custodial service for the following City of Paris buildings: City Hall, Water Billing Office, City Hall Annex and the Paris Public Library, which bids were received until 3:00 o'clock P.M., Tuesday, October 4, 1994; and, WHEREAS, the best bid for such maintenance and custodial service was made by Weber Morgan, d /b /a J & L JANITORIAL, and it should be awarded the bid for such maintenance and custodial service; and, WHEREAS, the form of contract for such maintenance and custodial service attached hereto as Exhibit A, should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid of Weber Morgan, d /b /a J & L JANITORIAL, for the maintenance and custodial service for the following City of Paris buildings: City Hall, Water Billing Office, City Hall Annex and the Paris Public Library in the amount of $2,100.00 per month is hereby accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the — contract with Weber Morgan, d /b /a J & L JANITORIAL for said maintenance and custodial service, upon the terms and conditions and in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 10th day of October, 1994. i i. n Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T.'K. ftaynes,.eity Attorney STATE OF TEXAS COUNTY OF LAMAR CUSTODIAL CONTRACT } KNOW ALL MEN BY THESE PRESENTS: } THAT, the City of Paris, Paris, Texas, a municipal corporation, acting by and through its Mayor, Don Shelton, hereinafter referred to as CITY, and Weber Morgan d /b /a J & L Janitorial, 1230 Mockingbird Drive, Paris, Texas 75460, hereinafter referred to as J &L, do contract and agree as follows: 1. The CITY wishes to procure and J &L desires to provide maintenance and custodial service for the following City of Paris buildings: City Hall, Water Billing Office, City Hall Annex and the Paris Public Library as described in the bid documents, being legal notice, scope of work and bid form, attached hereto as Exhibits "A" through "C" and incorporated herein for all legal purposes and the consideration of such services shall be $2,100.00 per month. 2. CITY and J &L each bind respectfully itself, its successors and assigns and heirs to this agreement and to the covenants contained herein. J &L shall not assign, sublet or transfer its interest in the contract without the written consent of CITY. 3. The term of this contract begins on the 1st day of November, 1994, and runs until such time as CITY or J &L gives sixty days written notice to the other that the same is terminated, which termination can be without cause. CITY retains the right to terminate said contract upon (30) days written notice for J &L's failure to perform the services required under this contract. -- CUSTODIAL CONTRACT - Page 1 EXHIBIT A 636 637 4. J &L will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. J &L will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. Such action shall include, but is not limited to the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff; termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. J &L agrees to post, in conspicuous places available to employees and applicants for employment, notices setting forth the requirements of these non - discrimination provisions. 5. J &L must provide insurance as required in the bid documents, certificates of which shall be filed with the City Clerk of the City of Paris. 6. CITY and J &L hereby agree to the full performance of the covenants contained herein. Entered into this 10th day of October, 1994. CITY OF PARIS Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk CUSTODIAL CONTRACT - Page 2 APPROVED AS TO FORM: T. K. Haynes, City Attorney J & L JANITORAL By: Weber Morgan, Owner STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Don Shelton, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of October, 1994. Notary Public, State of Texas STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Weber Morgan, d/b /a/ J & L Janitorial, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of October, 1994. Notary Public, State of Texas CUSTOWAL COKTRACr - Page 638 Publish the Paris News Sept. 18, 1994 Sept. 25, 1994 LEGAL NOTICE The City of Paris will receive sealed bids at the Office of City Manager, City of Paris, P.O. Box 9037, Paris, Texas 75461 -9037, for Maintenance /Custodial Service for the following City of Paris Buildings: City Hall, Water Billing Office, City Hall Annex and the Paris Public Library. Bids will be received until 3:00 P. M., Tuesday, October 4, 1994 at which time all bids received will be opened, tabulated, and referred to the City Council for consideration at the Council meeting to be held Monday, October 10, 1994, starting at.6:00 P. M. Information, specifications, and bids forms may be obtained at the office of the City Manager, City Hall, Paris, Texas 75461 -9037. All bidders must contact Dick Boots at 785 -7511 to schedule an appointment to review the specifications and the buildings in question. Those submitting bids are notified of city exemption" from otherwise applicable sales and excise taxes. The City of Paris reserves the right to. reject any or all bids, to waive any informality in bidding, and to award as may be advantageous to the City. City of Paris Paris, Texas f EXHIBIT "A" 940 PARIS PUBLIC LIBRARY JANITORIAL MAINTENANCE SCHEDULE Daily Vacuum main carpeted areas with electric operated vacuum. Empty and clean all ash trays. Empty all trash receptacles and replace bag liners as needed. Mop all restroom floors. Clean and sanitize all restroom fixtures, including sinks, commodes, urinals and stall dividers; clean and sanitize workroom and kitchen sinks (upstairs and down). Leave restroom doors open after cleaning. Dust mop hard surface floor in work room. Clean and shine drinking fountains. Supply all restrooms with hand soap. Fill toilet paper and paper towel holders. Clean glass on all entrance doors. Dust: circulation desk, .atlas /map stands/ tops of free- standing shelves, card catalogs and tables. Weekly Vacuum secondary carpeted areas with an electric operated vacuum, to include Texas History Room, Typing Room, Gallery, and Director's office. Spot clean carpeted areas as needed. Remove cobwebs from corners of rooms and ceilings. Mop work room, lounge, and downstairs restroom floors. Dust lobby seat, planters and window sills. Ensure P -traps in center of restroom floors are properly functioning by pouring at least one gallon of water down the drain. E )[HIBIT "B" 641 ADDITIONAL MAINTENANCE SHALL INCLUDE: Strip and wax all hard surfaced areas every 6 months. Clean out ceiling light fixtures once per month. Interior of all windows shall be cleaned once per month. Replace burned out.jight bulbs as needed. The City of Paris will provide all paper supplies, sanitizers, plastic trash bags, soaps and window cleaner. A11 other supplies will be provided by the contractor including but not limited to vacuum cleaners, buffers, stripping chemicals and any other supplies needed that are not mentioned above. All employees of the Contractor. when doing maintenance work under this contract must wear shoes, long pants and shirts at all times. Maintenance will be worked Monday through Friday after 5:00 P.M., except for the weekly, monthly, and additional maintenance listed. This can be accomplished on week -ends if necessary. The Contractor will be responsible for Workman's Compensation and insurance for persons under this employment contract. Once a contract is signed, a check for the amount of the contract will be sent to the Contractor by the 10th day of the month. QWA 642 MAINTENANCE SCHEDULE CITY HALL, CITY HALL ANNEX AND WATER BILLING OFFICE DAILY Vacuum all carpeted areas with an electric operated vacuum. Empty all trash receptacles and replace bag liners as needed. Mop all restroom floors. Sweep or dust mop all hard surface floors. Clean and sanitize all restroom fixtures including sinks, commodes, urinals and stall dividers. Clean and shine drinking fountains. Spare toilet paper and paper towels should be placed in each restroom. Supply all restrooms with hand soap. Clean glass-on all entrance doors. —Dust all office furniture and equipment. WEEKLY Spot clean all carpeted areas that are soiled. Dust all doors, baseboards, frames, handrails, chair legs, telephones, window sills, window blinds, file cabinets and open areas of book shelves (furniture polish should be used on wood fixtures). - :.' Remove cobwebs from corners of each room and ceiling. Remove accumulated dirt and dust from.all return air vents. Dust and polish Council Chamber desks,and tables. Vacuum and straighten chairs in City Council Room. B -3 C43 Quarterly Dust: all doors, baseboards, frames, handrails, chair legs, and window blinds. Use furniture polish on wood fixtures. Clean out ceiling light fixtures. Clean interiors of all windows. Dust all ceiling grids. Remove dirt and dust from return air vents. Buff terrazzo floors. Annually. Strip and wax hard surface floors. Additional Replace burned out bulbs as needed. Notes The City of Paris will provide all paper supplies, sanitizers, plastic trash bags, soaps, and window cleaner... A11 other supplies will be provided by the contractor including but not limited to vacuum cleaners,' buffers, stripping chemicals, and any other supplies needed that are not mentioned above. All employees of the Contractor when doing maintenance work finder this contract must be properly attired for the work to be done.• Maintenance will be worked Tuesday and Thursday after 8 PM and Wednesday, Friday and Saturday after 6 PM. B -4 B I D F 0 R M TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Name of Company Bidding Address Phone # (I) (WE) hereby submit the following bid according to the specifications sent to me by the City of Paris for Custodial Service at the following areas: CITY HALL $ .00 WATER BILLING OFFICE $ .00 CITY HALL ANNEX $ .00 PARIS PUBLIC LIBRARY $ .00 TOTAL BID $ .00 SIGNATURE OF BIDDER DATE Please list three (3) references: A motion was made by Councilwoman McDonald to bring consideration of and action on approving the form of the lease and authorizing the execution of the same for property to be used for Oak Park (formerly The West Paris Park) and adopting the plan for improvement of the same from the table. The motion was seconded by Councilman Clifford, and carried 7 ayes, 0 nays. City Attorney Haynes advised the Council that at this time the Church has locally approved this by their Board, and they approved the terms of the lease. City Attorney Haynes said it would be appropriate for the Council to authorize us to move forward, and enter in to the contract with the Church in the event that it passes their final stage of approval. Resolution No. 94 -133, resolving that the plan of improvement for a new park in West Paris, to be known as "Oak Park" is approved, resolving that the form of the Lease Agreement between the City of Paris and Oak V� Park United Methodist Church for the property located at the corner of Bonham Street and 27th Street S. W., and authorizing and directing the Mayor of the City of Paris, Don Shelton, to execute on behalf of the City of Paris the lease agreement with Oak Park United Methodist Church, was presented. Dick Boots, Director of Community Facilities, came forward presenting a drawing of the park area telling the Council the Park consist of 6.7 acres of land West of Oak Park Methodist Church. The main focal point in the Park will be a walking and jogging track it will be a one -half mile track bordered with six inch concrete. On the North side on Bonham there will be a six foot chainlink fence to act as a barrier between the street and park. Other item that will be located in the Park is a 30' x 60' picnic shelter with a seating capacity of 150, playground area, water fountain, perimeter post and cable, border, driveway for loading and unloading at shelter, sidewalk to shelter, park sign, parking, 10 park benches, 3 charcoal grills, metal light poles with halide lamps, and two horseshoe areas with chainlink fence. Mr. Boots said the estimated cost for the Park is $171,000.00. After discussion, a motion was made by Councilwoman McDonald, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION 94 -133 WHEREAS, the City Council of the City of Paris did, in Resolution No. 94- 109, passed on August 29, 1994, authorize and direct the Director of Facilities, Dick Boots, to prepare cost estimates for the construction of a new park in west Paris; and, WHEREAS, the cost estimates are now complete and the plan of improvement for said park, to be known as "Oak Park ", attached hereto as Exhibit A, should be approved; and, WHEREAS, the City Council of the City of Paris did also, in said Resolution No. 94 -109, authorize and direct the City Attorney, T. K. Haynes, to proceed with negotiations on behalf of the City of Paris to lease property for said park in west Paris; and, WHEREAS, said negotiations are also now complete, and it would be appropriate for the City of Paris to enter into a Lease Agreement with Oak Park United Methodist Church, the form of which is attached hereto as Exhibit B, for the property located at the corner of Bonham Street and 27th Street S.W., which is more fully described on Exhibit B to the Lease Agreement, for a term of twenty -five (25) years; and, WHEREAS, the plan of improvement prepared by the Director of Facilities, attached hereto as Exhibit A, should, in all things, be approved; and, WHEREAS, the form of said Lease Agreement attached hereto as Exhibit B should, in all things, be approved, and Don Shelton, Mayor of the City of Paris, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the plan of improvement for a new park in west Paris, to be known as "Oak Park ", prepared by the Director of Facilities, Dick Boots, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the form of the Lease Agreement between the City of Paris and Oak Park United Methodist Church for the property located at the corner of Bonham Street and 27th Street S.W., attached hereto as Exhibit B, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that Don Shelton, Mayor of the City of Paris, be, and he is hereby, authorized and directed to execute on behalf of the City of Paris the Lease Agreement with Oak Park United Methodist Church, upon the terms and conditions and in the form shown in Exhibit B, attached hereto. PASSED AND ADOPTED this 10th day of October, 1994. Don Shelton, Ma or ATTEST: Mattie Cunningham, City Cie APPROVED S T FORM: T. K. Ha es, ty Attorney 53 64"7 ° r 0 a 0 P C `. - N to 02 p v tl tl •3 � - J V Z� x a mv�� x5 o � tlx s Z1- r•I �o..Zd• -�� U ��Y O� Z< 75 �Of a iTss36 8HA Nn3mbnoPO ^"n4nota 'I I ( -) I !In H.15Z 'M S 0 0 1 ` 1 Y � � N o g Y' --•- -- - - - - -- ---- - - -- - --1 \\ I ! 11 rr i 1 ED -• - -- - 1---- .._ - - -. . l� _I _I_ (...I_L _(.LJ_ ILL -- -... »' � �� ;'; �s x® lX0 mo- ,F,(1 —7'-- per— • f7-1 0 0 x© 10M o° EXHIBIT A 6 t, - 1� �r t,. Z 1 Q EE��3 r 0 f -r • x® lX0 mo- ,F,(1 —7'-- per— • f7-1 0 0 x© 10M o° EXHIBIT A 6 t, - 1� �r t,. Z 1 Q LEASE AGREEMENT STATE OF TEXAS ) COUNTY OF LAMAR ) LEASE AGREEMENT between OAK PARK UNITED METHODIST CHURCH, acting by and through its Chairman of the Trustees, John Hanna, duly authorized, hereinafter referred to as CHURCH, and the CITY OF PARIS, a murucipal corporation, acting by and through its Mayor, Don Shelton, duly authorized, hereinafter referred to as CITY, W ITNESSETH For and in consideration of the improvement of the leased property in accordance with the approved plan, a general description of which is attached hereto as Exhibit A, and the maintenance of the improvements on the leased premises, CHURCH does hereby lease, rent and let unto the CITY the property described on Exhibit B, attached hereto and made a part hereof for all legal purposes. The purpose of the lease is to establish a park known as "Oak Park ". The term of this lease is for a period of twenty -five (25) years beginning on November 1, 1994, and ending November 1, 2019. It is mutually agreed by and between CHURCH and CITY: 1, CONSIDERATION As consideration hereof, CITY agrees to maintain the joint -use parking lot depicted as number 20 in the legend on Exhibit A, and to maintain "Oak Park" for park purposes throughout the term of this Lease Agreement. 2, JOINT USE OF CHURCH PARKING LOT That CITY shall have the authority to reserve the pavilion to requesting citizens or groups and will authorize the use of CHURCH's parking lot by said citizens or groups, it being expressly agreed and understood that the pavilion will never be reserved on Sundays except between the hours of 1:00 p.m. and 5:00 p.m. 3 HOLD HARMLESS That CITY agrees to indemnify, save, keep and hold harmless CHURCH from and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and character whatsoever for damages or injuries to persons and/or property occurring on the Lease - "Oak Park" - Page ! EXHIBIT 8 #. t • C 4 9 leased premises resulting from CITY's, its members', invitees', agents', servants' or employees' use, and C14URCH shall not be liable to CITY, its members, invitees, agents, servants, employees, licensees or visitors due to the parking lot, when used as part of the park, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair, CITY hereby waiving any defects thereon and agreeing to hold and save CHURCH harmless from all claims for any such damages or injuries. 4. OPTION That CITY shall have the option to continue this lease on the terms and conditions and for a term to be agreed upon by the parties on or before November 1, 2018, which is one year before the final termination hereof. In the event that an agreement cannot be made by the above date, the property will revert to CHURCH along with any and all improvements thereupon. S. TAXES That CITY shall hold the CHURCH harmless for all ad valorem taxes upon the leased property. 6. SUBLETTING That CITY will not sublet the rented premises, or any part thereof, without the consent in writing of CHURCH first had and obtained. 7. USE BY CHURCH That CHURCH shall have the right and privilege of using any portion of said property so leased for functions sponsored by Oak Park United Methodist Church, which use shall be conducted in a non - interfering basis with the CITY's use. 8. DEFAULT Should CITY default in, or fail or refuse to keep any of the covenants, conditions, stipulations and /or provisions herein contained, notice thereof shall be given to CITY by CHURCH, and in the event such default, failure or refusal has not been corrected or performed within sixty (60) days from the date of such notice, then this lease contract may be terminated at CHURCH's option, and it shall be lawful for CHURCH to reenter the leased premises and remove all persons, property and effects .therefrom, all and every claim for damages for or by reason of said reentry being expressly waived. Levu - "Oak Park" - Pate 2 9. NOTICE REQUIRED All notices provided for herein will be made by personal service. WITNESS our hands this 10th day of October, 1994. ATTEST: Margaret Biggers, Secretary 113-1A ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS ) COUNTY OF LAMAR ) -650 OAK PARK UNITED METHODIST CHURCH John Hanna, Chairman of the Trustees CITY OF PARIS Don Shelton, Mayor BEFORE ME, the undersigned authority, on this day personally appeared JOHN HANNA, Chairman of the Trustees, Oak Park United Methodist Church, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of October, 1994. Notary Public, State of Texas 14w - "Oak Park" - Puc 3 651 STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared DON SHELTON, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the consideration therein expressed and in the capacity therein stated. 1994. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of October, Notary Public, State of Texas Leaae - "Oak Park" - Pane 4 "'I I 1 s i s a 5; a CL 0 v , v C Y - N O y v Q Z ✓^ y of o �NZ•Y «Ab u V o ►� X -Z';" ^V 4 '�•�VI \1 ZJ O _ WRO Zva Y z a`�s3ut3a�u w s V o�N••IYYlnt�aao CJ 0 P"'Z 'M'S 0 W O �7y N ��1 0 Z L'i _ --- ----- ----------------------- I jr .' (O ;TT1 -1 -11T 1 0 to - o fit IK jam`• •V r7J_' x 0 x® cr c� G) 14_� \ & k-J b o C rTrr, x� ❑9 EXHIBIT A �u ,T1; ni' Nelson Surveying Co. J.M. Nelson, RPLS of Texas, 14025 920 N. Main St. Paris, Texas 75460 903 - 785 -3551 fax 903 - 785 -3399 sY� Bonhom St. 0 W FIELD NOTES found set E 200 'EET Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of Texas, a part of the Aso Jarman Survey #479, and being all of a 6.720 acre tract of land conveyd United Methodist Retirement Homes of North Texas, Inc., by deed recorded in Vol. 705, Page 481, and o part of a 4.98 acre tract of land conveyed Garrett Memorial United Methodist Church by deed recorded in Vol. 505, Page 428, and a part of a 7.18 acre tract of land conveyed Garrett Memorial Methodist Church by deed recorded in Vol. 500, Page 499, of the Deed Records of said County and State. Beginning at an iron pin (s) for corner at the Northwest corner of said 6.720 acre tract, said point be- ing the original Northwest .corner of sold 7.18 acre tract. Thence North 89 Deg. 59 Min. 50 Sec. East along the South Boundary Line of Bonham St. a distance of 466.38 ft. to on iron pin (s) for corner at the back of curb on the West side of the entrance of said Church; Thence South 1 Deg. 06 Min. 00 Sec. East a distance of 144.37 ft. to an iron pin (s) for corner at the West end of the back of curb at the Northwest corner of on asphalt parking lot; - Thence South 0 Deg. 05 Min. 12 Sec. West a distance of 350.25 ft. to an iron pin (s) for corner at the West end of the back of curb at the Southwest corner of said parking lot; Thence along the back of said curb as follows; North 89 Deg. 52 Min. 41 Sec. East a distance of 99.91 ft. to on iron pin (s); Around a curve (R= 6.96', C =South 31 Deg. 41 Min. 51 Sec. East 11.52 ft.) to the right a distance of 13.56 ft. to an iron pin �s); South 27 Deg. 32 Min. 32 Sec. West a distance of 19.98 ft. to an iron pin (s); Around a curve (R-164.22, C —South 12 Deg. 56 Min, 35 Sec. West 70.25 ft.) to the left a dis- tonce . of 70:8 ft, to an iron pin (s); South 1 Deg, 17 Min. 59 Sec. West a distance of 46.92 ft. to on iron pin (s) for corner; Thence along the Northerly Boundary Line of W. Austin St. as follows: South 89 Deg. 11 Min. 58 Sec. West a distance of 417.81 ft. to an iron pin (s); North 89 Deg. 26 Min. 17 Sec. West a distance of 55.89 ft. to on iron pin (s); North 59 Deg. 19 Min. 50 Sec. West a distance of 46.95 ft. to on iron pin (s) for corner at the present Southwest corner of said 6.720 acre tract; Thence along the Easterly Boundary Line of 27th S.W. as follows: North 34 Deg. 13 Min. 47 Sec. West a distance of 48.10 ft. to on iron pin (s); North 3 Deg, 32 Min. 58 Sec. West a distance of 50.93 ft. to on iron pin (s); North 0 Deg. 28 Min. 50 Sec. West a distance of 525.08 ft. to the place of beginning and con- taining 7.096 acres of land. I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify that the above depicted and described tract of land was toPen from an actual survey made on the ground and completed by me on the 12th day-of September, 1994. J.M. Nelson, RPLS of Texas, #4025 dote 654 Resolution No. 94 -134, resolving that the regular Thursday meeting scheduled for November 10, 1994, be, and the same is hereby, consolidated with the Monday, November 14, 1994 meeting to be held at 6:00 P. M., was presented. A motion was made by Councilman Fuibright, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -134 WHEREAS, the City Manager will be out of town attending training on the 10th day of November, 1994; and, WHEREAS, it would be appropriate for the Regular Thursday Council meeting which would normally be scheduled for the Thursday following the first Monday of the month, which would be November 10, 1994, to be consolidated with the regular Monday meeting which is scheduled for November 14, 1994; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that the regular Thursday meeting scheduled for November 10, 1994, be, and the same is hereby, consolidated with the Monday, November 14, 1994, meeting to be held at 6:00 o'clock P.M.; and BE IT FURTHER RESOLVED, that a copy of this Resolution be placed on the City Flail Bulletin Board giving notice of the rescheduling of the regular Thursday November Council meeting, and that the news media be informed of the rescheduled date in the same manner they are informed of emergency City Council meetings. PASSED AND ADOPTED this 10th day of October, 1994. -i4,� Don Shelton, Mayor ATTEST: Mattie Cunningham, City Cie VIlaynes, TO FORM: ity Attorney Resolution No. 94 -135, resolving that the form of the Interagency Indemnification and Hold Harmless Agreement by and among the City of Paris, City of Bonham, County of Lamar, County of Red River and County of Fannin be approved, and authorizing and directing the Mayor of the City of Paris, Don Shelton, to execute on behalf of the City of Paris the Interagency Indemnification and Hold Harmless Agreement, was presented. A motion was made by Councilman Clifford, seconded by Councilman Bell, and carried 7 ayes, 0 nays. 655 RESOLUTION NO. 94 -135 WHEREAS, the City of Paris, City of Bonham, County of Lamar, County of Red River, and County of Fannin filed a joint application with the Criminal Justice Division and created the Regional Controlled Substance Apprehension Program, a multi - agency, multi - jurisdictional drug task force; and, WHEREAS, all parties have agreed to enter into an indemnification and hold harmless agreement by and among each other, their officials and employees; and, WHEREAS, the form of said agreement attached hereto as Exhibit A should, in all things, be approved, and Don Shelton, Mayor of the City of Paris, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Interagency Indemnification and Hold Harmless Agreement by and among the City of Paris, City of Bonham, County of Lamar, County of Red River and County of Fannin be, and the same is hereby, approved; and BE IT FURTHER RESOLVED, that Don Shelton, Mayor of the City of Paris, be, and he is hereby, authorized and directed to execute oil behalf of the City of Paris the Interagency Indemnification and Hold Harmless Agreement, upon the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 10th day of October, 1994. A- 'z� Don Shelton, • ATTEST: Mattie Cunningham, City Clerk APZayiles,,,1ffity S TO FORM: T. K. I- Attorney INTERAGENCY INDEMNIFICATION AND HOLD HARMLESS AGREEMENT STATE OF TEXAS COUNTY OF LAMAR THIS AGREEMENT, made this 10th day of October, 1994, by and among the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor, Don Shelton, duly authorized, and the CITY OF BONHAM, Bonham, Texas, a municipal corporation, acting by and through its City Manager, Jim Stiff, duly authorized, hereinafter called CITIES; and the COUNTY OF LAMAR, Lamar County, Texas, acting by and through its County Judge, Deane A. Loughmiller, duly authorized, the COUNTY OF RED RIVER, Red River County, Texas, acting by and through its County Judge, L. D. Williamson, duly authorized, and the COUNTY OF FANNIN, Fannin County, Texas, acting by and through its County Judge, Jimmy Doyle, duly authorized, hereinafter called COUNTIES. WHEREAS, CITIES and COUNTIES, as participating entities, have filed a joint application with the Criminal Justice Division and created the Regional Controlled Substance Apprehension Program ( "RCSAP "), a multi - agency, multi - jurisdictional drug task force; and, WHEREAS, CITIES and COUNTIES have agreed to enter into an indemnification and hold harmless agreement by and between each other, their officials and employees; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that CITIES and COUNTIES do hereby contract and agree as follows: 1. Every participating entity (CITIES and COUNTIES) agrees to hold every other participating entity and its officials and employees harmless from any and all liability, including, HOLD IIARMI.ESS AGREEMENT ... Page 1 EXHIBIT . G5 G 057 but not limited to, any property, physical or nonphysical damages or less incurred by third parties or by officers or employees of any participating entity or by any participating entity, of whatsoever nature caused, including, but not limited to, omissions or acts of negligence or intentional acts as a result of any officer or employee of any such entity carrying out their duties. 2. This Agreement will be effective as to each participating entity beginning immediately and remain in effect through May 31, 1995. 3. The participating entities (CITIES and COUNTIES) will likewise be bound by this Agreement for any claims or loss arising from actions occurring between the effective date of this Agreement and May 31, 1995, as joint venturers. Each entity will only be responsible for its pro rata share of any claim for its participation in the RCSAP. 4. Service in the RCSAP operation by a peace officer, official or employee shall not constitute "service of another county or municipality" other than such entity for the purposes of Section 3 of Article 999b, so as to make such peace officer, official or employee a borrowed servant of any other entity. If a court of competent jurisdiction shall hold that any peace officer, official or employee is a borrowed servant of another entity, then the indemnification paragraph above is only applicable to the peace officer's, official's or employee's original employer as to the duty to indemnify for such employee. 5. In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 1101.) iIARNUMSS AGRUAIDsNT ... Page 2 6. This Agreement supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EXECUTED on the day and year first above written. S ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS ) COUNTY OF LAMAR ) CITY OF PARIS Don Shelton, Mayor BEFORE ME, the undersigned authority, on this day personally appeared DON SHELTON, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of October, 1994. Notary Public, State of Texas HOLD HARMLESS ACREEMENT ... Page 3 CITY OF BONHAM BY: Jim Stiff, City Manager ATTEST: lanell Whited Hall, City Clerk APPROVED AS TO FORM: Ronald N. Clark, City Attorney STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared JIM STIFF, City Manager of the City of Bonham, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of October, 1994. �a i r"•.yi�� .1 �u COUNTY OF LAMAR BY: Deane A. Loughmiller County Judge ATTEST: Kathy Poole, County Clerk APPROVED AS TO FORM: Tom Wells, County Attorney STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared Deane A. Loughmiller, County Judge of the County of Lamar, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of October, 1994. Notary Public, State of Texas 1101D 11ARNILESS AG I E:MIsNT... PAQe S 661 COUNTY OF RED RIVER BY: L. D. Williamson, County Judge ATTEST: Mary Hausler, County Clerk APPROVED AS TO FORM: Jack Herrington, County Attorney STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared L. D. WILLIAMSON, County Judge of Red River County, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of October, 1994. Notary Public, State of Texas HOLD HARMLESS ACRES AENT...Page 6 662 COUNTY OF FANNIN BY: Jimmy Doyle, County Judge ATTEST: Margaret Gilbert, County Clerk APPROVED AS TO FORM: Jim Moss, County Attorney STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared JIMMY DOYLE, County Judge of Fannin County, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of October, 1994. Notary Public, State of Texas Resolution No. 94 -136, authorizing and directing the Mayor of the City of Paris, Don Shelton, to execute Change Order No. Four for the Raw Water Transmission Main from Pat Mayse Lake to City of Paris Water Treatment Plant, EDA Project No. 08 -01- 02814, was presented. A motion was made by Councilman Fulbright, seconded by Councilwoman McDonald for approval of the resolution. The motion carried 7 ayes, 0 nays. 663 RESOLUTION NO. 94-136 WItEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 93 -064, award the contract for RAW WATER TRANSMISSION MAIN FROM PAT MAYSE LAKE TO CITY OF PARIS WATER TREATMENT PLANT, EDA Project No. 08 -01 -02814 to KENCO, INC.; and, WHEREAS, the City Engineer, Earl Smith, acting as project engineer of said project, recommends the amendment of said contract by Change Order No. Four attached hereto as Exhibit "A ", which provides for a net increase in contract price of $15,881.20 for a total of $3,700,080.00 for Modifications to intake walkway support brackets due to deteriorated condition of existing. intake concrete from weathering, and such form should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the RAW WATER TRANSMISSION MAIN FROM PAT MAYSE LAKE TO CITY OF PARIS WATER TREATMENT PLANT, EDA Project No. 08 -01 -02814 contract is hereby amended by Change Order No. Four attached hereto as Exhibit "A ", providing for a net increase in contract price of $15,881.20 for a total of $3,700,080.00 for Modifications to intake walkway support brackets due to deteriorated condition of existing intake concrete from weathering, which is in all things approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby authorized and directed oil behalf of the City of Paris to execute said Change Order No. Four. PASSED AND ADOPTED this 10th day of October, 1994. ATTEST: Mattie Cunningham, City Cle APPROVED AS T. K. ty Attorney Don Shelton, Mayor 664 CHANGE ORDER Order No. Four Date: October 4, 1994 Agreement Date: July 12, 1993 viAME OF PROJECT: 36" Raw Water Transmission Main Job No. 92 WSRB 02 -92 OWNER: City of Paris K CONTRACTOR: enko, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Modifications to intake walkway support brackets due to deteriorated Justification: condition of existing intake concrete from weathering. Change to CONTRACT PRICE: Original CONTRACT PRICE S 3,.657,005.80 Current CONTRACT PRICE adjusted by previous CHANGE ORDER S 3,685,198.80 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) 4d=W1VS* 15 881.20 The new CONTRACT PRICE including this CHANGE ORDER will be 53,700,080.00 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) Fff&H W4 ) by 90 calendar days. The date for completion of all work will be January 14, 1995 (Date). Approvals Required: To be effective this Order must be approved by the Federal agency if it changes the scope or objective of the PROJECT, or as 'may otherwise be required by the SUPPLE - MENTAL GENERAL CONDITIONS. Requested by: Kenko, Inc. Recommended by: Hayter Engineering, Inc. Ordered by: AcceQted by: City of Paris — "ederal Agency Approval (where applicable) (,ONTRACT OOC1JUENTS FOR CON3TMJCPON OF .JeCYM't Na 10 AtOEAALLr ASSES. eO WATER ANC) SEWER PAGACTS ChW44 Oros. ►p• t d 1 EXHIBIT A 965 KaimKOC CONTRACTORS August 27, 1994 Hayter Engineering, Inc. 4445 S.E. Loop 286 Paris, TX 75460 Attn: `1r. Michael Donnan Re: 36" Raw Water Transmission `fain Job No. 92 WSRB 02 -92 Paris, TX Kenko Job #9313 * Request for change order Dear Sirs: r� Y Attached is a letter from LaMarc revisinv_ the costs associated with the extra work You authorized due to the deteriorated concrete at the existing intake structure. Kenko respectfully requests a change order be .initiated to encompass this extra work. The revised costs are as follows: work done by others I'¢/477� contractors mark up Q 10% 1,5-2 .6'I fl .4zf -3. total additionally, an extension of the contract time in the amount of 12 weeks should be allowed for this change order. Please call if you have any questions. Sincerely, Daniel R. Frettinger Kenko, Inc. SOLIT11WCSTERN DIVISION - 16415 Addison Rd., Ste. 308 - Dallas, TX 75248 - (214) 931 -9494 - Fax (214) 931.5474 WESTERN DIVISION - Post OMcc Box 831 - Calimesa, California 92320 - (909) 795 -2568 - fax (909) 795 -1840 CORPORATE OFFICE - 1694 91st Avenue - Blaine, Minnesota 35449 - (612) 786 -6510 - Fax (612) 786.6602 � V ZVI Lt r V �v Ij t� Attached is a letter from LaMarc revisinv_ the costs associated with the extra work You authorized due to the deteriorated concrete at the existing intake structure. Kenko respectfully requests a change order be .initiated to encompass this extra work. The revised costs are as follows: work done by others I'¢/477� contractors mark up Q 10% 1,5-2 .6'I fl .4zf -3. total additionally, an extension of the contract time in the amount of 12 weeks should be allowed for this change order. Please call if you have any questions. Sincerely, Daniel R. Frettinger Kenko, Inc. SOLIT11WCSTERN DIVISION - 16415 Addison Rd., Ste. 308 - Dallas, TX 75248 - (214) 931 -9494 - Fax (214) 931.5474 WESTERN DIVISION - Post OMcc Box 831 - Calimesa, California 92320 - (909) 795 -2568 - fax (909) 795 -1840 CORPORATE OFFICE - 1694 91st Avenue - Blaine, Minnesota 35449 - (612) 786 -6510 - Fax (612) 786.6602 L F, - 0 LAMARC, INC. Route 9 Box 1290 Highway 85 west Kemp, Tx 75143 TO: KENKO, INC. Mr. Dan Frettinger 16415 Addison Rd. Dallas, TX 75248 __.__.._..__._......_.._ .... _ .�s+.neerMllYW��MMMU�u:.., general contractors CHANGE ORDER NO. 7 Office: (903) 432 -2117 Fax: (903) 432 -2740 August 26, 1994 Re:Paris Raw Water Pump Station Modifications for Bridge Support -Cost Revised This work was authorized by Mr. Donnan, Hayter Engineering. Additional work due to deteriorated concrete at existing intake structure. 1. Pull test for engineer Generator $ 156.69 Triple A Rental (Drill and rotary hammer) 143.97 3/4" x 5 -1/2" Bolt 8.75 2. Modifications for bridge support Southwest fluids new bracket on structure 425.00 M &R Maint. 3 "x3 "x 3/8" (7) angle iron 480.00 Jenkins Rental hammer drill 64.95 Hilti Tubes and bolts 105.20 _ Hilti C100 Cartridge w /mixer 31.52 Hilti 97.70 Jenkins Rental Compressor -Drill -Bits 165.08 Morris Industries 36 "x 1" s.s. rod w /nuts 271.44 Luckett Crane Service 1,910.00 Dozer John Dusenberry(400 -455) 400.00 Dozer James Bivens 455.00 David Basterwench Truce 225.00 Lamarc, Inc. Labor 2-G4�} s.@ $15.00 - 3;045 -:00 Labor M &R Maintenance 4-�/4rs.@ $40.00 -6- 7-1f0: -00 SUBTOTAL 1747;-1*4 —.30- 15% P& OH _ -2--i-1 2 1. 8 0 ', 1 Total $ •16, 266 . 10 — This work has required an extension of 12 weeks additional time and overhead to our work. We appreciate the opportunity to be of service. If you have any questions or if we may be of any further service please do not hesitate to call. Respectfully submitted, _ Lam c, Inc. John C. Amyx Resolution No. 94 -137, authorizing and directing the Mayor of the City of Paris, Don Shelton, to execute Change Order No. One for the Booster Pump Station Project No. 92WSRB01 -93, was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. Ca RESOLUTION NO. 94 -137 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 93 -100, award the contract for BOOSTER PUMP STATION PROJECT NO. -- 92WSRBOI -93 to OSCAR RENDA CONTRACTING, INC.; and, WHEREAS, the City Engineer, Earl Smith, acting as project engineer of said project recommends the amendment of said contract by Change Order No. One attached hereto as Exhibit "A ", which provides for a net increase in contract price of $9,331.00 for a total of $2,089,331.00 to cover the additional expense of changing the connection of the new 42" line to the existing at Campbell Soup, and such form should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF PARIS, that the BOOSTER PUMP STATION PROJECT NO. 92WSRBOI -93 contract is hereby amended by Change Order No. One attached hereto as Exhibit "A ", providing for a net increase in contract price of $9,331.00 for a total of $2,089,331.00 to cover the additional expense of changing the connection of the new 42" line to the existing at Campbell Soup, which is in all things approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and lie is hereby authorized and directed on behalf of tiie City of Paris to execute said Change Order No. One. PASSED AND ADOPTED this 10th day of October, 1994. on Shelton, ..V-- ayor ATTEST: Mattie Cunningham, City Cl &k APPROVED AS TO FORM: K. I1 ynes, Attorney CHANGE ORDER Order No. One Date; October 7, 1994 180012 -28 Agreement Date: December 17, 1993 NAME OF PROJECT: Paris Booster Pump Station OWNER: CONTRACTOR: 92 WSRB 01 -93 City of Paris, Texas Oscar Renda Contracting The following changes are hereby made to the CONTRACT DOCUMENTS: The contract price will be increased to cover the additional expense of changing the connection of the new 42" line to the existing at Campbell Soup. Justification: Original documents showed existing utilities to be in a different location than was actually constructed. This caused a conflict in pipe location. Change to CONTRACT PRICE: Original CONTRACT PRICE S 2,080,000.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER S 2,080,000.00 he CONTRACT PRICE due to this CHANGE ORDER will be (increased) (f) by: S 9,331.00 The new CONTRACT PRICE including this CHANGE ORDER will be S 2.089,331. 00 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (Vktt�) by 30 calendar days. The date for completion of all work will be January 15, 19_95 – (Date). Approvals Required: To be effective this Order must be approved by the Federal agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLE- MENTAL GENERAL CONDITIONS. Requested by: Recommended by: ayter Engineering, Inc. Ordered by: City of Paris —Accepted by: Oscar Renda Contracting .ederal Agency Approval (where applicable) Not applicable CONTRACT DOCUMENTS FOR CONSTRUCTION OF FEDERALLY ASSISTED WATER AND SEWER PROJECTS EXHIBIT A Resolution No. 94 -138, accepting Grant entitled "Crime Prevention presented. A motion was made by Councilman Fulbright for approval carried 7 ayes, 0 nays. Documam No. 10 Charge Ordw! Page 1 of 1 the Criminal Justice Planning Fund Program No. SF- 95 -S01- 07685, was Councilwoman McDonald, seconded by of the resolution. The motion RESOLUTION NO. 94 -138 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -021 authorize an application to be made to the Office of the Governor of the State of Texas through its Criminal Justice Division for the Crime Prevention Program grant; and, WHEREAS, the Office of the Governor of the State of Texas has issued its Grant Award, entitled, "CRIME PREVENTION PROGRAM, GRANT NUMBER SF- 95 -SO1- 07685" for the year beginning October 1, 1994, ending September 30, 1995, in the total amount of $9,075.00 requiring matching contribution of $36,306.00; and, WHEREAS, acceptance of the same must occur within thirty (30) days of the date of said award which occurred on September 21, 1994; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of Paris accept said Grant Award and continue to improve the crime prevention program in the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City Manager of the City of Paris, Michael E. Malone, and the Director of Finance, Gene Anderson, be, and they are hereby, authorized and directed to execute on behalf of the City of Paris, the Grantee Acceptance Notice in the form of Exhibit A attached hereto for "CRIME PREVENTION PROGRAM GRANT NUMBER Sr- 95 -SO1- 07685 ". PASSED AND ADOPTED this 10th day of October, 1994. / r o' ATTEST: Mattie Cunningham, City Cie APPROVED AS TO FORM: ayne!(', City Attorney ANN W. RICHARDS Governor State of Texas GRANTEE ACCEPTANCE NOTICE ADAN MUNOZ, JR. Director Criminal Justice Division ,REEMENT: That whereas City of Paris , reinafter referred to as Grantee, has heretofore submitted a grant application to the Governor's Office, State of Texas, entitled Crime Prevention Program , and further identified by grant number SF -95 -501 -07685 ; and Whereas, the Governor of the State of Texas has approved the grant application as evidenced by the Statement of Grant Award from the Governor's Office dated SEP 2 1 ya4 which contained certain special requirements; and Whereas, the Grantee desires to accept the grant award, the Uniform Grant and Contract Management Standards, and special requirements as evidenced by the Statement of Grant Award; Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniform Grant and Contract Management Standards and special requirements in the grant application and the Statement of Grant Award as evidenced by the agreement, executed by the project director, the financial officer, and the official authorized to sign the original grant application, or the official's successor, as presiding officer of and on behalf of the governing body of this grantee; and Now, therefore, the Grantee shall designate either the project director or the financial officer to coordinate and be solely responsible for submission of adjustments pertaining to both program and financial elements of the application, and the POSITION authorized to submit adjustments is W. E. Anderson NON - LOBBYING CERTIFICATION: We, the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or the passage or defeat of any legislative measure. —% finding that a grantee has violated this certification shall result in the immediate termination of funding the project and the grantee shall not be eligible for future funding frorn the Governor's Office, -iminal Justice Division. Certified By: Date: October 10, 1994 Signature of Project Director Karl Louis, Chief of Police Name & Title(must print or type) 811 Bonham Street, - Offrcial Agency Address(street or post office box) Paris, TX 75460 (903) 785 -7511 City /Zip Code /Telephone Number Signature of Financial Officer W. E. Anderson, Director of Finance Name & Title(must print or type) P_ 0. Box 9037 Official Agency Address(street or post office box) Cray %Zip Code /Telephone Number 785-7511 Signature of Authorized Offlicial Michael E. Malone. Citv Name & Title(must print or type) P 0. Box Official Agency Address(street or post office box) Paris. TX 75461 (903) 785 -7511 City /Zip Code /Telephone Number 671 City Manager Malone announced that the next consideration of and action on construction of West Paris Park), funded by the Certificates of and advised that this item had been tabled at a motion was needed to bring it from the table consider the matter. item on the agenda was Oak Park (formerly the Obligation, Series 1993 previous meeting, and a if the Council wish to A motion was made by Councilwoman McDonald, seconded by Councilman Clifford to bring from the table consideration of and action on construction of Oak Park. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins authorizing the construction of Oak Park with funding from the Certificates of Obligation, Series 1993 in the amount of $171,465.00. The motion carried 7 ayes, 0 nays. City Attorney Haynes requested that the Council reconsider Agenda Item No. 20.1 a resolution authorizing the City Manager to execute the Criminal Justice Planning Fund Grant entitled "Crime Prevention Program No. SF- 95 -SO1- 07685, and receive an amendment to that resolution which will also authorize the Director of Finance, W. E. Anderson to sign the same notice, which has a signature place for the Financial Officer, and Mr. Anderson has been designated the Finance Officer. A motion was made by Councilman Clifford, seconded by Councilman Brown to reconsider Agenda Item No. 20.I. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Clifford to amend the motion on the resolution authorizing the City Manager to execute the Criminal Justice Planning Fund Grant entitled "Crime Prevention Program No. SF- 95 -SOl -07685 to also authorize the Director of - Finance, W. E. Anderson, to sign the same notice as Financial Officer. The motion carried 7 ayes, 0 nays. City Attorney Haynes said in accordance with the direction of the Council that parcel number four of the 1st Street N. W. Project has been completed. We now are only one parcel away that we know of having the right -of -way for the lst Street N. W. Project. City Attorney Haynes advised that fie had the right -of -way procurement map of the Martin Luther King Project. It has on it color dots indicating the progress of each item requiring procurement, and passed it around for the Councilmembers to look at. City Attorney Haynes said if they would note the major colors of the right -of -way the orange showing City of Paris property tax owed against, and the pink area has delinquent tax, and another color showing paid taxes. City Attorney Haynes reported that condemnation is under way on some of the property, C72 r. and title policies have been issued on some of the property as noted on the map. It was the consensus of the Council that the City proceed with the acquisition of this with haste, and keep the Council posted of the progress. City Attorney Haynes advised the Council that on the Young vs Cisneros case we have some pending motions, some entities and defendants in that suite have been making agreements to settle their actions, the only action that we have is our portion of this case, we have had one hearing in the Paris Division of the Eastern District of Texas Federal District Court, at which time the evidence was overwhelming that the City of Paris had cooperated with the Paris Housing Authority in their seeking to develope more government subsidized homes for those persons that are in need of that type assistance, and it its the recommendation of your council that we continue to resist the action of the attorneys for the plaintiffs in that case to seek attorneys fees. In the event that we do continue to resist, there may, or may not be hearing in the local Federal District Court, there will be a determination by Judge Justiss as to whether attorneys fees are due are not, and if they are due, then it would be his recommendation that we resist that order by appeal to the Fifth Circuit. We do not know what the future holds at this time, but that was his report, and if there is instructions from the Council, since we still honor our agreement with the Paris News case not to hold any closed sessions of any kind, all though this would be an appropriate matter to be discussed in closed session, "I bring it to you in the open ". It was the consensus of the Council to see any justification for the City of Paris to settle this case by paying their attorney fees, and was in agreement with City Attorney Haynes recommendation. City Attorney Haynes reported that the claim by Ann Anthony, and explained that this claim by Ann Anthony, was handled in the normal way that claims are handled, and investigated. The Adjuster made a recommendation to the Company that assist us in the area, and the claim was denied. At the request of Ms. Anthony and the City Manager, the matter was reinvestigated, and we found no reason to set aside the previous determination that the City of Paris does not owe the claim. City Manager Malone said if the Council would recall last winter we undertook the emergency replacement of a failing 8" concrete sewer main from B & W east to the Woodard Lift Station. We replaced approximately 1,100 feet of 8" with 15" diameter under emergency conditions to reestablish flow of the sewer at that time. The past week we completed the remaining 800 feet, and advised that the project was funder by the Paris Economic Development Board at approximately $130,000.00. City Manager Malone said this would also provide additional sewer for industrial property in the area, should there be industrial expansion in that section of the city. City Manager Malone called the Council attention to the Soup Street Paving Project, advised that the project is substantially complete and C73 open to traffic. This was the construction of a concrete street entering from the East to the back part of Campbell Soup and serves several businesses in the area. This was also funded by the Paris Economic Development Board at at cost of $163,276.18 with the exception of $20,000.00 that the City was required to put in. City Manager Malone said that the City had applied for and received a Community Development Block Grant from the Texas Department of Commerce. This was in the Booker T. Washington area. With the funds we installed curb and gutter, drainage, and some paving. This project included approximately 12,000 feet of curb and gutter residential drives and asphalt leveling up and seal coating of the streets. The project is approximately 40% complete, and is funding with $250,000.00 in grant money with local match of $50,000.00 of in -king services and cash. Also, we have a project called the Booker T. Washington Area, Curb and Gutter, Paving and Drainage Phase III, and this project will include approximately 8,100 feet of concrete curb and gutter, 1,260 feet of storm sewer, residential drives, asphalt level -up and seal coating of the street. City Manager Malone said the Environmental Assessment has been completed on this phase of the project, and engineering design is ready to proceed. The target bid date is somewhere in the first part of 1995, the project will be funding with $250,000.00 grant which we have been awarded by Texas Community Development Program with a local match of $111,063.00 of in -kind services and cash. Total project cost of Phase III is $361,063.00. City Manager Malone said we have issued Certificates of Obligations in 1993, and have a number of drainage projects that the City Engineer as proceeded with at 22nd Street N. W. and Shiloh. The proposed project has been completed at a cost of $14,630.00. At the intersection of Ridgeview and 25th N. E. a project has been completed there in the amount of $11,488.00. At the 400 block of South Church a storm sewer drop was rehabilitated, and this work was completed with a cost of $7,105.00. The 1500 Block of 6th S. E., the drainage project has been completed in the amount of $7,865.00. On 5th Street S. E. from Hearon Street to Washington, we are ready to proceed with obtainment of easements. This project is estimated at a cost of $20,000.00. City Manager Malone said we are also contemplated some improvements in the Paris Police Building for the air- conditioner and heating system and plans are complete, and they are waiting for review and checking by the City Engineer, then will proceed to bid that project once we have completed the air - conditioning, after that we will proceed with the roofing. City Manager Malone said we have completed approximately 5 miles of hot mix overlay to existing city streets through the appointment of an contractor, and with the aid and assistance of Director of Public Works, who planned these projects and prepared the sub - surface of the streets, installed and repaired curb and gutter when necessary at a cost of approximately $200,000.00. City Manager Malone said we have Revenue Bond Projects that are associated with the Water and Wastewater System and funding by the issuance of revenue bonds. The Raw Water Pipeline Project - the pipeline is installed and in use. There is additional work that needs to be done to one of the large pumps at the Pat Mayse pump station. The project is 89% complete, and total construction cost of $3,700,008.00 which is considerable under the estimate that was prepared. The Booster Pump Station is approximately 70% complete which is located just off of Hickory Street. Total construction cost for this project is estimated at $2,089,331.00. City Manager Malone told the Council that the Water Treatment Plant Volume I Expansion Project, the contract has been awarded, there is a preconstruction meeting set for October 19, 1994, with total construction cost for this project is $4,783,965.00. Volume II Instrumentation and Controls for this project is for improvement in the system at the water plant, and is approximately 10% complete, and the total construction cost is $365,000.00. City Manager Malone said there is a Preliminary Design Memorandum which has been prepared for the Wastewater Treatment Plant Upgrade. City Manager Malone pointed out that these projects for the Water and Wastewater Treatment Plant system have been mandated and caused by changes in rules and regulations promulgated by the Federal Government, and those regulations makes demands on local governments to make improvements to meet certain environmental standards, and it is very costly to do so. City Manager Malone said we have a Preliminary Design Memo prepared, it is completed with the exception of the sludge handling. Our estimated construction cost for this project is $2,500,000.00. City Manager Malone told the Council that later in the month, the City will be participating in the Unfunded Mandate Today to bring public attention the mandates that are being promulgated by the State and Federal Government. City Manager said we have pending projects - reconditioning, repair, and painting of two, two million gallon ground storage tanks located on Hickory Street, and staff is planning for that project. City Manager said we will be looking at the replacement of the sanitary sewer in the area of Clement Road. Mayor Shelton thank the media for being present, and announced that we have a new member with us tonight, that being the TCA Cable of Paris, who is filming the Council meeting. There being no further business, the meeting adjourned. S EL N R, TY F PARIS ATTEST: M TTIE CUNNINGHAM, CITY C K f a� MINUTES OF THE PLANNING AND ZONING COMMISSION OCTOBER 3, 1994 The Planning and Zoning Commission of the City of Paris met Monday, October 3, 1994 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Reeves Hayter - Chairman 2. Nadine Ausbie 3. Richard Hunt 4. Marshall Rent, Jr. 5. Louis Yates, Jr. Chairman Hayter called the meeting to order and the minutes of the September 6th meeting were approved as presented. Chairman Hayter declared the Public Hearing open on the petition of Jim Bell for a change in zoning from a Two Family Dwelling District (2F) to a General Retail District (GR) on Lot 4, City Block 254 located at 2200 Clarksville Street. Mr. Bell was not present and no one spoke in favor of the petition. Don McLaughlin, 2152 Clarksville, spoke in opposition saying he and others were trying to maintain the residential nature of their block on Clarksville Street and felt the open ended approval of General Retail Zoning was too drastic a change. He presented a petition signed by seven (7) area land owners in opposition. Catherine Carrington, 2141 Clarksville also spoke in opposition. No one else was present to speak on the matter and the public hearing was closed. A motion was made by Mr. Hunt, Seconded by Ms. Ausbie, to recommend denial of the change in zoning. The motion carried 5 ayes, 0 nays. Chairman Hayter declared the Public Hearing open on the petition of Alice Sterling for a change in zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit- Billboard Sign (52) on Lot 1 FB, City Block 306 located at 2870 N. Main Street. Carles Sterling spoke for the petition saying he had a lease agreement with Bell Electronics to place a 10' x 30' all steel billboard on their property for off site advertising. No one else was present to speak and the Commission discussed the existing billboard permit on the lot adjacent to the Bell property and the conflict of State laws on billboard with City zoning requirements. State law considers a billboard permit invalid if the sign is removed or destroyed, as is the case of the sign which was adjacent to the requested site. 6 '7 G Chairman Hayter closed the Public Hearing and after discussion a motion was made by Ms. Ausbie, seconded by Mr. Yates to table the petition and request the City Council to call a Public Hearing to consider removing the Specific Use Permit- Billboard Sign (52) from Lot 1F -A, City Block 306. The motion carried 5 ayes, 0 Nays. Chairman Hayter declared the Public Hearing open on the petition of Jerry McFadden for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Multi - Family Dwelling District No. 1 (MF -1) on Lots 3, 3 -A, 4 and 4 -A, City Block 206 located between W. Austin Street and W. Kaufman Street, approximately 150 feet east of 21st. S.W. Mr. McFadden was present and told the Commission of his plans to develop the four lots for apartment use. He said there was room for six (6) to eight (8) duplex buildings on the property which he proposed to construct for rent to the elderly due to its proximity to the senior citizen center on Kaufman Street and Shopping at 19th and Bonham. He said he would screen the proposed brick veneer structure from the single family house to the west. Marshall Jordan 2045 W. Austin, Clara Gordon, 2030 W. Austin, Charles Scott, 1975 W. Austin and Scott Gentry, 2035 W. Kaufman all spoke in opposition to the proposed apartments saying it would disrupt their quite neighborhood with more traffic and more noise. A petition was presented with the signatures of approximately 26 home owners who opposed the zoning change. No one else spoke and the public hearing was closed_ A motion was made by Mr. Hunt, seconded by Mr. Kent, to recommend denial of the change. The motion carried 5 ayes, 0 nays. Chairman Hayter declared the Public Hearing open on the petition of Douglas D. Cruise for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a One Family Dwelling District No. 3 (SF- 3) and Specific Use Permit- Mobile Home (39) on Lot 13A, City Block 229 located at 545 S.W. 15th Street. Mr. Cruise was not present to represent himself. Mrs. Jack Thompson spoke in opposition to the mobile home permit and submitted a petition signed by four (4) area property owners in opposition to the change. No one else spoke and the Public Hearing was closed. A motion was made by Mr. Yates, seconded by Ms. Ausbie, to recommend denial of the petition. The motion carried 5 ayes, 0 nays. Chairman Hayter declared the Public Hearing open on the petition of the North Lamar Independent School district for a change in zoning from an Agricultural District (A) and Commercial District (C) to a 077 Block 306 -A located on the north side of Stone Avenue, east of N. Main Street. James Dawson, Superintendent, spoke for the petition saying they needed the zoning in order to get a building permit for the new high school facility recently approved in a bond election. He furnished a site plan for the proposed campus and answered questions from the Commission. No one was present in opposition and the Public Hearing was closed. A motion was made by Ms. Ausbie, seconded by Mr. Hunt to recommend approval of the zoning change. The motion carried 5 ayes, 0 nays. Chairman Hayter declared the Public Hearing open on the proposed annexation and proper zoning upon annexation of a 29.72 acre tract of land located north of Loop 286 N.E. and east of Stillhouse Road ( Stillhouse Estates) owned by Bobby Smallwood and Glenn Townes. No one was present in the audience to speak on the matter. Mr. McCollum spoke for the City recommending the annexation and temporary Agricultural zoning upon annexation. The Public Hearing was closed and a motion was made by Mr. Rent, seconded by Mr. Yates to recommend annexation and Agricultural zoning on the 29.72 acre tract of land. The motion carried 5 ayes, 0 nays. The Preliminary Plat of Lot 17 -B, City Block 311 was recommended for approval on a motion by Ms. Ausbie, seconded by Mr. Hunt. The motion carried 5 ayes, 0 nays. The Final Plat of Lot 17 -B, City Block 311 was removed from the table on a motion by Ms. Ausbie, seconded by Mr. Rent. The motion carried 5 ayes, 0 nays. The Final Plat of Lot 17 -B, City Block 311 was recommended for approval on a motion by Mr. Kent, seconded by Mr. Hunt. The motion carried 5 ayes, 0 nays. The Commission next discussed an amendment to the Master Plan calling for the extension of 1st N.W. from Sante Fe Street to N. Main- Street. Mr. McCollum and Mr. Smith explained that the proposed extension was to conform to the right of way design by the Texas Department of Transportation, who are supposed to fund the project. The change would provide for smoother traffic flow into the proposed one way traffic south bound on 1st N.W. After hearing the reasoning for the amendment, the Commission concurred that it was a good change and recommended approval on a motion by Mr. Hunt, seconded by Ms. Ausbie. The motion carried 5 ayes, 0 nays. There being no further business to consider, the meeting was adjourned. k n -(Y�-< e N. McCollum Secretary ex- officio 6'79 MINUTES OF THE SPECIAL COUNCIL 14EETING OF THE CITY OF PARIS November 3, 1994 The City Council of the City of Paris met in special session, Thursday, November 3, 1994, 4:30 P. M., City Hall, Council Chambers. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Wayne Brown, and John Bell. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. City Manager Malone called for consideration of and action on a resolution accepting a sale proposal from Southern Pacific Transportation Company for right -of -way for the construction of a new street from the West boundary line of 1st Street S. W. formerly Wall Street to a point in the center line of 4th Street S.W. along the old Southern Pacific right -of -way project. City Attorney Haynes advised the Council that at the time the Council authorized him to take action in this area, the reason for this is to accommodate an Industrial Development Project in the vicinity of 4th S. W. Street and the area that has the warehouses, and where Roger -Wade Manufacturing Company is located. This will permit access down the railroad right -of -way from Church Street West all the way to 4th Street. City Attorney Haynes said it was only thirty feet wide, so we need to get additional land adjacent to it before we build any particular street. City Attorney Haynes advised that Roger Wade Manufacturing Company owns property on both sides of the railroad right -of -way, so they are going to want to do some trading and let the street go a little further South. Now, cost of the right -of -way is totally underwritten by one of the industrial concerns in that area. Resolution No. 94 -139, accepting a sale proposal from Southern Pacific Transportation Company for right -of -way for the construction of a new street from the West boundary line of 1st Street S. W. to a point in the center line of 4th Street S. W. along the old Southern Pacific right -of -way, was presented. A motion was made by Councilman Clifford, seconded by Councilman Brown for approval of the resolution. The motion carried 6 ayes, 0 nays. l8v RESOLUTION NO. 94 -139 WIIEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -123, authorize the procurement of right -of -way for the construction of a new street from the West boundary line of lst Street S.W., formerly Wall Street, to a point in the center line of 4th Street S.W. along the old Southern Pacific Railroad Rigb+ 4- Way; and, WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -129, authorize the City Attorney to make a final offer of the appraised amount of the referenced right -of -way; and, WIIEREAS, the City Attorney reached agreement with Southern Pacific Transportation Company on a consideration of $8,500.00 for the property described on Exhibit A attached hereto, being the appraised price plus the estimated cost of condemnation, and said agreement must be ratified by the City Council of the City of Paris and such ratification must be returned to Southern Pacific Transportation Company prior to November 11, 1994; and, WIIEREAS, there being no regular scheduled council meetings which would accommodate such ratification, it is found to have been necessary to call an emergency special council meeting for 4:30 p.m. on this the 3rd day of November, 1994, in order to meet the time restraint enumerated; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TILE CITY OF PARIS, that the agreement of the City Attorney with Southern Pacific Transportation Company for a consideration of $8,500, for the property described on Exhibit A attached hereto, be, and the same is hereby ratified and accepted; and, BE IT FURTHER RESOLVED, that the City Clerk of the City of Paris, Mattie Cunningham be, and she is hereby directed to prepare a certified copy of this resolution to be transmitted to Southern Pacific Transportation Company. PASSED AND ADOPTED this 3rd day of November, 1994. ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: . K` Haynes! City Attorney Don Shelton, Mayo ' 681 . 7 o o P4 WA LC_ 5-rR E.E.T EXHIBIT 682 FIELD NOTES Being all that certain tract of land situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a part of the Larkin Rattan Survey, #778 and being a tract of land now owned by the Southern Pacific Transportation Company being further described as follows: Beginning at a point for corner in the South line of said Company at the center line of 4th Street S.W.; Thence North with the center of said 4th Street a distance of 30.0 feet to a point for comer; Thence South 89 Degrees, 57 Minutes, 40 Seconds East with the North line of said Company a distance of 265.98 feet to a point for corner; Thence North 81 Degrees, 23 Minutes East with said North line a distance of 303.64 feet to a point for corner; Thence North 68 Degrees, 06 Minutes East a distance of 333.67 feel to an iron pin set for comer in the West Line of Wall Street; Thence South 0 Degrees, 19 Minutes West with said West line a distance of 103.00 feet to an iron pin set for comer in the South line of said Southern Pacific Transportation Company; Thence South 80 Degrees, 15 Minutes West with said South line a distance of 247.96 feet to a point for comer; Thence South 81 Degrees, 23 Minutes West a distance of 366.64 feel to a point for corner; Thence South 89 Degrees, 57 Minutes, 40 Seconds West with said South line a distance of 268.33 feet to the place of beginning and containing 0.869 acres of land. I, R. Brandon Chaney, Registered Professional Land Surveyor No. 4057, Stale of Texas, certify that the above Plat and Field Notes depict and represent an actual Survey made on the ground under my supervision and finished 5 '} "{ - 7_` 1994. Z//e R. Brandon Chaney, R.P.L.S. No. 4057 STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, a Notary Public in and for said County and State on this day personally appeared R. Brandon Chaney, known to me to be the person whose name is subscribed to the foregoing instrument and acknowedge to me that he executed same for the purpose and consideration therein expressed. GVVEN UNDER MY HAND AND SEAL OF OFFICE, this day of - A.D. 1994. �" OVARY P(j 9 -9J, NOTARY PUBLIC, STATE OF TEXAS 1P FOFZ� '.. FXP Councilman Jenkins enter the Council Chambers and assumed his seat at the council table. Resolution No. 94 -140, authorizing the submission of an application to the Texas Department of Housing and Community Affairs for a grant under the Young vs. Cisneros Fund, was presented. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the resolution. The motion carried 7 ayes, 0 nays. '' RESOLUTION NO. 94 -140 WIIEREAS, the City Council of the City of Paris is aware of community needs for which local funds have not been and will not be available to accomplish. Such needs are in the area of street paving and drainage; and, WHEREAS, the City Council of the City of Paris desires to develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low /moderate income; and, WHEREAS, certain conditions exist which represent a threat to the public health and safety; and, WIIEREAS, funding for such programs is available through the Texas Department of Housing and Community Affairs for the Community Development Fund, under the Texas Community Development Program, Young v. Cisneros Fund; and, WIIEREAS, it is necessary and in the best interest of the City of Paris to apply for funding under the 1994 Texas Community Development Program; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF ]'IIE CITY OF PARIS: 1. That three Texas Community Development Program applications for the Community Development Fund are hereby authorized to be filed on behalf of the City with the Texas Department of Housing and Community Affairs. 2. That such applications shall address the following needed projects: (1) Curb and gutter, street paving and drainage on 6th Street N.C. from Garrett Street to Martin Luther King, Jr. Drive. (2) Clearing and grubbing, rough grading and appurtenant drainage work to ready project site for street construction on Martin Luther King, Jr. Drive extension from 6th Street N.E. to North Main Street. (3) Procure Washington Street Grocery property, 800 block of West Washington and renovate existing building and convert to a laundry facility. 3. That the City's applications be placed in competition for funding under the Yonne v. Cisneros Fund. 4. That the applications in the aggregate of $272,000.00 of grant funds to carry out the three referenced projects as follows: (1) $112,000.00 (2) $ 80,000.00 (3) $ 80,000.00 5. That it further be stated that the City of Paris is committing $42,150.00 cash contribution and $25,850.00 of in kind Engineering - Architectural Services for the three construction projects as follows: (1) $17,150.00, $10,850.00 (2) $10,000.00, $10,000.00 (3) $15,000.00, $ 5,000.00 6. That Michael E. Malone, City Manager, be, and lie is hereby authorized to execute and deliver on behalf of the City of Paris all necessary applications, communications, instruments, assurances and documents required for the completion of said projects. 7. That W. E. Anderson, Director of Finance, be, and he is hereby authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of the three referenced projects. PASSED AND ADOPTED this 3rd day of November, 1994. �. ATTEST: Mattie Cunningham, City Cie APPROVED AS TO FORM: T. K. 1lhynes,Xity Attorney There being no further business, the mee ing adjourned. H "A,' Y OF PARIS ATTEST: MAT TIE CUNNINGHAM, CI Y CL K w MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL November 14, 1994 The City Council of the City of Paris met in regular session, Monday, November 14, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, John Bell and Aaron Jenkins. Councilman Wayne Brown, and Councilwoman Millie Ingram McDonald were absent. Invocation was given by Councilman Aaron Jenkins. Mayor Shelton declared the public hearing open to consider the petition of Jim Bell for a change in zoning from a Multi - Family Dwelling District No. 1 (MF -1) to an Office District (0) on Lots 4 and 5, City Block 119 located at 322 and 328 S. W. 4th Street. Mayor Shelton called for proponents to appear, and none appeared. Mayor Shelton called for opponents to appear, and Ms. Lethra Mason, 333 5th S. W., appeared before the Council telling them that the reason that she was opposed to the zoning change is because one time a tree fell on the fence and she tried to get Mr. Francis to repair the fence, but he said that he could not repair the fence that he had no authority to repair the fence. Ms. Mason said if they would put up a security fence tall enough so that children could not throw rock and paper into her yard, she would not have any objections. Ms. Mason also wanted a guarantee in writing that if a tree fall on her fence, that the owners would repair her fence. City Manager Malone advised the Council that the applicant withdrew the zoning change on Lot 4, City Block 119, Lot 5 is to be used for expansion of the Department of Human Services Office, and that the drainage problem from the existing office building on the residential lots to the West was one of the items that was brought up at the Planning and Zoning Commission's meeting. The vote was 5 -1 to approve Lot 5 City, Block 119 for Office zoning subject to resolving the drainage problem. No one else appeared, and the public hearing was declared closed. A motion was made by Councilman Clifford, seconded by Councilman Fulbright authorizing preparation of an ordiance amending zoning Ordinance No. 1710 changing the zoning on Lot 5, City Block 119, from a Multi - Family Dwelling District No. 1 to an Office District. The motion carried 5 ayes, 0 nays. City Manager Malone called for consideration of and action on a replat of Lot 11, City Block 316. A motion was made by Councilman Clifford, seconded by Councilman Bell for approval of the replat of Lot 11, City Block 316 subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. 6 8 G City Manager Malone called for consideration of and action on the final plat of Oak Creek Phase 5. Councilman Clifford asked to be excused from the Council meeting due to conflict of interest. A motion was made by Councilman Bell, seconded by Councilman Jenkins to excuse Councilman Clifford from the Council meeting. The motion carried unanimously, and Councilman Clifford departed the Council chambers. A motion was made by Councilman Bell, seconded by Councilman Jenkins for approval of the Final Plat of Oak Creek Phase 5, subject to the requirements of the City Engineer. The motion carried 4 ayes, 0 nays. A motion was made by Councilman Bell, seconded by Councilman Jenkins to allow Councilman Clifford to return to the Council meeting. The motion carried 4 ayes, 0 nays, and Councilman Clifford return to the Council meeting. On the recommendation of the City Engineer, a motion was made by Councilman Clifford, seconded by Councilman Bell to table action on the Final Plat of Colonial Park Estates Phase 2. The motion carried 5 ayes, 0 nays. City Attorney Haynes presented the following petitions for rezoning: Robert Joe Johns, Lots 3,4,5, Block B, Ridgecrest from Single Family Dwelling District to Two Family Dwelling District; Lawrence J. Haskins, amendment to the Site Plan on a 27.155 acre tract of land situation on the Southwest corner of Lamar Avenue and S. E. Loop 286. Mayor Shelton referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting December 5, 1994, and before the City Council December 8, 1994. City Manager Malone called for approval of the minutes of previous meetings. A motion was made by Councilman Clifford, seconded by Councilman Fulbright for approval of the minutes as presented. The motion carried 5 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards and commissions with minutes from the Paris Public Library Advisory Board, Paris Economic Development Corporation Board, Planning and Zoning Commission, and Paris /Lamar County Board of Health being presented with no action being required. ORDINANCE NO. 94 -049 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING AN OFFICE DISTRICT (0) ON LOT 5, CITY BLOCK 119, ON PROPERTY BELONGING TO ROBERT BURNS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A MULTI- FAMILY DWELLING DISTRICT NO. 1 687 (MF -1); AND DESIGNATING THE BOUNDARIES OF THE OFFICE DISTRICT (0) SO ESTABLISHED was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 5 ayes, 0 nays. ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 29.72 ACRES, MORE OR LESS, WHICH IS LESS THAN TEN PERCENT (10 %) OF THE TERRITORY INCLUDED WITHIN ITS PRESENT CITY LIMITS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS; APPROVING SERVICE PLAN AND PROVIDING ZONING FOR SAID TERRITORY was presented on first reading. Councilman Clifford requested that City Staff address a Charter amendment regarding the City's bid process such as occurring type items that the City lets bids on and generally accepts the lowest bid as submitted, or see what can be done under the existing Charter, if it can not be done, then make recommendations on how to amend the Charter. City Manager Malone called for tabulations of bids for furnishing and delivery of one Ferno Model 35 -A Stretcher and all specified components for the Paris EMS Department, and the following bids were presented: Advance Life Support Medical Products, Inc. $1,125.00 Dixie USA $1,809.99 Pro Med $1,493.38 Armstrong Medical $1,438.00 Moore Medical Corp. $1,758.51 A motion was made by Councilman Clifford, seconded by Councilman Fulbright to award the bid to Advance Life Support Medical Products, Inc. in the amount of $1,125.00. The motion carried 5 ayes, 0 nays. City Manager Malone advised the Council of the fact that only one bid had been received for One Cardiac Monitor /Defibrillator for the E.M.S. Department, and that the recommendation of the Fire Chief, Steve Burgin was to award the bid to Physio- Control Corporation in the amount of $10,488.00. The bid meets all specifications and is with in the budgeted amount. A motion was made by Councilman Bell, seconded by Councilman Jenkins to award the bid to Physio- Control Corporation in the amount of $10,488.00. The motion carried 5 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of a tractor and accessories for the Paris Parks Department, and the following bids were presented: 688 Paris Implement Company Doughtrey Farm and Garden Cunningham Equipment LaRue Ford Tractor LaRue Ford Tractor $14,998.50 $15,748.47 $16,550.00 $17,000.00 $15,175.00 A motion was made by Councilman Fulbright, seconded by Councilman Clifford to award the bid to Doughtrey Farm and Garden in the amount of $15,748.47, meeting all the written specifications. The motion carried 5 ayes, 0 nays. City Manager Malone called for tabulations of bids for construction of airport improvement at Cox Field Airport for installing taxiway guidance signs, replacing taxiway light head assembly and associated electrical controls, and the following bids were presented: F & W Electrical Contractors $85,000.00 Gifford Electric $77,214.50 Boggs Electric $93,700.00 On the recommendation of Bucher, Willis & Ratliff, Engineers for the project, a motion was made by Councilman Clifford, seconded by Councilman Fulbright to award the bid to the low bidder, Gifford Electric in the amount of $77,214.50. The motion carried 5 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of a 100% IBM compatible computer for the Paris Fire Department, and the following bids were presented: Professional Business Systems $1,342.50 Computer Super Center $1,199.00 A motion was made by Councilman Jenkins, seconded by Councilman Bell to award the bid to the low bidder, Computer Super Center for furnishing and delivery of a 100% IBM compatible computer for the Paris Fire Department. The motion carried 5 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery Traffic Safety Barricades for use in the Public Works Department, and the following bids were presented: Flasher Flare Southeast, Inc. Mississippi Tool Supply, Inc. P.B.S., Inc. A motion was made by Councilman Fulbright to award the bid to the Inc. in the amount of $27.70 for ea 0 nays. $27.70 each unit $34.80 each unit $53.24 each unit Clifford, seconded by Councilman low bidder Flasher Flare Southeast ch unit. The motion carried 5 ayes, City Manager Malone called for tabulations of bids for furnishing and delivery of Fire Hydrants for use in the Water Distribution Division, and the following bids were presented: 68 Utility Plus $3,686.65 International Supply $3,815.00 Rohan Company $3,979.00 A motion was made by Councilman Fulbright to award the bid to Utility Plus in the amount of $3,686.65. The motion was seconded by Councilman Clifford, and carried 5 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of Water Meters for use in the Water Distribution Division, and the following bids were presented: Mineola Valve & Hydrant, Inc. $57,640.66 The Rohan Company $57,810.00 Sensus Technologies, Inc. $61,500.70 A motion was made by Councilman Bell, seconded by Councilman Jenkins to award the bid for Water Meters to Mineola Valve & Hydrant, Inc., in the amount of $57,640.66. The motion carried 5 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of two mid -size extended cab fleet side pickup trucks for use in the Engineering Department, and the following bids were presented: James Hodge Motor Co. Lowry Chevrolet, Inc. $27,250.00 $28,592.00 A motion was made by Councilman Fulbright, seconded by Councilman _ Clifford to award the bid for two mid -size extended cab fleet side pickup trucks to James Hodge Motor Company, in the amount of $27,250.00. The motion carried 5 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of two long wide bed 112 ton pickup trucks for use in the City Garage and Street Department, and the following bids were presented: James Hodge Motor Co. $27,660.00 Lowry Chevrolet, Inc. $27,996.00 A motion was made by Councilman Fulbright, seconded by Councilman Jenkins to award the bid for two long wide bed 112 ton pickup trucks to James Hodge Motor Company in the amount of $27,660.00. Tile motion carried 5 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of two long wide bed 3/4 ton pickup trucks for use in the Water /Sewer Department and the Utilities Department, and the following bids were presented: James Hodge Motor Company $31,900.00 Lowry Chevrolet, Inc. $32,970.00 A motion was made by Councilman Bell, seconded by Councilman Jenkins to award the bids for two long wide bed 3/4 ton pickup trucks for use in 090 the Utilities Department, in the amount of $31,900.00. The motion carried 5 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of one new 1995 current model regenerative air vacuum sweeper for use in the Sanitation Division of the Public Works Department, and the following bids was presented: Industrial Disposal Supply $86,599.25 Tymco, Inc. $96,698.00 A motion was made by Council Clifford, seconded by Councilman Bell to award the bids for one new 1995 current model regenerative air vacuum sweeper for use in the Sanitation Division of Public Works to Industrial Disposal Supply. The motion carried 5 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of one refuse compaction truck for use in the Sanitation Division of the Public Works Department, and the following bids were presented: Pegues -Hurst Ford Metro -Ford Truck Sales Pegues -Hurst Ford $57,826.39 $57,595.00 $59,506.39 A motion was made by Councilman Fulbright, seconded by Councilman Jenkins to award the bid to Pegues -Hurst Ford in the amount of $59,506.39. The motion carried 5 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of one new 1995 4 -wheel drive extendahoe /loader for use in the Street Department of the Public Works Department, and the following bids were presented: LaRue Ford Tractor Company $33,850.00 East Texas Machine Co. $38,490.00 Stop Again Rentals & Sales $41,412.00 Case Power & Equipment $47,377.00 A motion was made by Councilman Jenkins, seconded by Councilman Bell to award the bids for one new 1995 4 -wheel drive extendahoe /loader for use in the Street Department to Case Power & Equipment in the amount of $47,377.00 which meets all specifications. The motion carried 5 ayes, 0 nays. City Manager Malone called for tabulations of bids for furnishing and delivery of two automobiles for option to turn back in August 31, 1995, and further advised that this item had been tabled at the October 10, 1994 meeting, and should the Council wish to consider this matter, a motion to bring this item from the table would be in order. Karl Louis, Police Chief, was present telling the Council that last month, he asked the Council to table action on awarding these bids so that we could re -bid this item. Mr. Louis said this would allow the 691 City to basically lease - purchase these vehicles for a certain amount of time, and at the end of that time, we can retain the vehicles or turn them back, which will save money, and recommended that the Council award the bid to Lowry Chevrolet. A motion was made by Councilman Clifford to bring this item from the table. The motion was seconded by Councilman Fulbright, and carried 5 ayes, 0 nays. Tabulations.was as follows: James Hodge Motor Co. Both Vehicles Lowry Chevrolet, Inc. Vehicle No 1 No Down - 12 months at Option to purchase at end of lease Vehicle No. 2 No Down - 12 months at Option to purchase at end of lease $ 2,787.12 up front $ 1,037.12 per Mo. $11,408.32 per year $ 553.16 $ 9,619.56 $ 620.48 $10,996.65 A motion was made by Councilman Clifford, seconded by Councilman Jenkins to award the bid to furnishing and delivery of two automobiles with option to turn back in August 31, 1995 to Lowry Chevrolet. The motion carried 5 ayes, 0 nays. City Manager Malone announced that the next item on the agenda was consideration of and action on authorizing the release of earnest money on contract of sale for Lot 6, City Block 276. City Attorney Haynes advised that this property was originally under contract to one party who later assigned his interest to another party, as one of the request from the purchasing party was the property be investigated for environmental purposes. The City did have the property environmentally assessed, and after receiving the assessment the purchaser has requested to be permitted to unilaterally terminate the contract and to receive the earnest money return. The property has been on the market for some time, and it may well be that this property may be the subject of a future trade, or it may not be. There is at least one working at the time. City Attorney Haynes recommended that they be permitted to have the return of the earnest money. On the recommendation of the City Attorney, a motion was made by Councilman Clifford, seconded by Councilman Fulbright to release the earnest money on the contract of sale for Lot 6, City Block 276. The motion carried 5 ayes, 0 nays. Resolution No. 94 -141, resolving that the Building Hazard Inspection Committee composed of the City Engineer, the Chief, Paris Fire Department and the Director of Community Development, proceed to call a hearing to notify the owners, and, if any, occupants of the property, and to notify such owners whose residences are not known by publishing the same in the newspaper as required by law, and after such hearing to report their finds to the City Council in accordance with Article III of Chapter 7 of the Code of Ordinances of the City of Paris, was presented. A motion was made by Councilman Bell, seconded by Councilman Fulbright for approval of the resolution. The motion carried 5 ayes, 0 nays. r 692 RESOLUTION NO. 94-141 WHEREAS, it has been called to the attention of the City Council of the City of Paris, Paris, Texas, that the hereinafter named structures are in an unsafe and dilapidated condition and constitute a fire hazard and a hazard to the life and welfare of the inhabitants of the area, and the City Council has been requested to order the Building Hazard Inspection Committee to hold a hearing to determine the condition of the structures complained of, and the properties involved and the owners are as follows: 1. 405 Evergreen, W. 50' Lots 6 & 7, Block 8, Neagle Addition Owner: Don Smith Route 4, Box 201 Paris, TX 75460 2. 1567 S. Main Street, Lot 7, Block 14, Texas & Pacific Addition Owner: Enola Lyons & Betty L. Stokes 4705 Victoria Avenue Los Angeles, CA 90043 3. 962 S. Main Street, Lots 12 & 12A, City Block 157 Owner: Calvin R. Gibson 965 1st Street S.W. Paris, TX 75460 4. 429 E. Sherman, Lot 9 -A, City Block 141 Owner: Elmer Thompson 12312 Oberlin Drive Dallas, TX 75243 5. 1004 8th Street S.E., Lots 1 & 2, Block 6, Gibbons Park Addition Owner: Rodger Price 6005 Old Clarksville Road Paris, TX 75462 6. 920 E. Washington, Lot 7, Block 1, Gibbons Park Addition Owner: G. I.I- lodges P. O. Box 68 Paris, TX 75461 7. 206 24th Street S.E., Lots 45, 47, 49 & S. 10' Lot 43, Block 2, Lamar Terrace Owner: R. L. James Addition 2200 Sycamore Drive /1151 Antioch, CA 94509 -3064 8. 1161 3rd Street N.W., Lot 2 -A, City Block 97 Owner: Billy J. Hicks 9609 S. Harvard Blvd. Los Angeles, CA 90047 9. 1100 Block 9th Street N.W., Lot 11, Block 1, Elliott Addition Owner: Havana Burton Estate, c/o Walter F. Williams 1235 7th Street N.W. Paris, TX 75460 10. 1389 7th Street N.W., W. 340' Lot 6, Block 1, North 7th Park Addition Owner: C. J. Lane c/o Deborah Lane 755 West Campbell Paris, TX 75460 11. 1415 W. Plum, Lot 2, Block 4, Harrison 9th Addition Owner: Louise Roth 337 1401 Street N.W. Paris, TX 75460 12. 1306 Bonham, Lot 5, City Block 189 Owner: Guaranty Federal Bank FSB 10440 N. Central Expressway, Suite 800 Dallas, TX 75231 13. 430 1st Street N.E., Lot 3, City Block 76 Owner: Mattie B. Griffin 430 1st Street N.E. Paris, TX 75460 14. 606 2nd Street N.E., Lot 14, City Block 73 Owner: Ludie Herron, c/o Veolia Ellis 15. 1004 2nd Street N.E., Lots 1 & 2, Block 20A, EMP No. 2 Addition Owner: Rayburn Bell 2300 Clarksville Paris, TX 75460 16. 1024 3rd Street N.E., Lot 3, Block 1, Washington IIeights Addition Owner: Betty Rollerson, c/o Lonell Rollerson 1400 Garland Drive Oklahoma City, OK 731 1 1 17. 1119 3rd Street N.E., S. 1/2 Lot 7, Block I, Harrison Addition Owner: Rubin Bass 18. 429 E. Garrett, Lot 4, Block 4, Washington Heights Addition Owner: Olivia Gaines 1708 Fitzhugh Paris, TX 75460 19. 437 E. Garrett. Lot 5, Block. 4, Washington IIeights Addition Owner: Ruby Harris 2195 Shiloh Paris, TX 75460 20. 1115 4th Street N.E., Lot 8, Block 2, Washington LIeights Addition Owner: Fred Henderson, c/o Frederica R. Thomas 548 Garin Avenue #323 I-I,ayward, CA 94544 -6870 21. 1135 4th Street N.E., Lots 6 & 7, Block 2, Washington Heights Addition Owner: Fred Henderson, c/o Frederica R. Thomas 548 Garin Avenue #323 Hayward, CA 94544 -6870 22. 1149 6th Street N.E., Lot 6, Block 2, Hull Addition Owner: Geraldine & Robert Reynolds Box 68 Detroit, TX 75436 23. 432 E. Henderson, Lot 12, Block 4, Washington IIeights Addition Owner: Verlin Harmon Black 1011 East Oak Street Denton, TX 76205 694 24. 838 -902 701 Street N.G., Lots 1 & 4, Block 1, GMP No. 1 Addition Owner: Ruth Ella Brown 2229 Gray Cliff' #1038 Dallas, TX 75229 25. 739 Ash, Ctr. Pt. Lot 4, I ;lock 2, Pickard Addition Owner: Marie Lane 3051 S. Marsalis Dallas, TX 75216 26. 1421 10th Street N.G., Lot 18, Block Q, Gast park Addition Owner: Cliff Mitchell 1421 10th Street N.G. Paris, TX 75460 27. 1007 Martin Luther King Dr., Lot 4, City Block 270 Owner: Caltax Mortgage, Inc. Darrell L. Clements, Agent 1 I 1 Commerce Street Dallas, TX 75240 28. 1226 11th Street N.G., Lot 4, City Block 174 -A Owner: Lillie Mae Tyson 328 W. Neqg le Paris, TX 75460 29. 1145 C. Martin Luther King, Jr. Drive, Lot 8, City Block 269 Owner: Fannie White 6039 Westridge Lane 1158 Ft. Worth, TX 76116 30. 1495 G. Center, Lot 10, Block K, East park Addition Owner: Henrietta McQueen, c/o Nellie Nicholas 6840 Dart Avenue Dallas, TX 7 5217 31. 1611 15th Street N.E., Lot 8, Biock K, East park Addition Owner: Dorothy R. Rhodes. c/o Dorothy Yates P.. O. Box 12206 Lubbock, TX 79452 -2206 32. 1610 15th Street N.E., Lot 6, City Block 281 Owner: Nellie 1 -1111 Nicholas 906 Piedmoat Drive Garland, TX 75040 33. 1509 G. Tudor, E. 20' Lot 4, Lots 5 & 6, Block 2, Belmont Addition Owner: Alta Henderson, c/o George Hensley Rt. 2, Box 162 -E Royce City. TX 75089 34. 1640 Clement R,-,,ad, Lot 3 -D, City Block 281 Owner: Charles Thompson et al 1825 N.G. Loop 286 Paris, TX 75.460 35. 330 19th Street N.E., Lot ! -A, City Block 227 4E Owner: Jeffrey W. & Sandra Newman 34-25 W. Houston Paris, TX 7--.460 • � � ai 36. 2830 E. Cherry, E. 51' Lots 6 & 7 and N. 50' of E. 5I' Lot 8, Block 4, Springlake Owner: Raymond Jones Addition 3575 N. Belt Line Road #148 Irving, TX 75062 -7824 _ NOW, TIiEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF TILE CITY OF PARIS, that the Building Hazard inspection Committee Composed of the City Engineer; the Chief, Paris Fire Department and the Director of Community Development, proceed to call a hearing to notify the owners, and, if an .y. occupants of the property, and to notify such owners whose residences are not knov,,n by publishieg the same in the newspaper as required by law, and after such hearing to report tlieir findings to the City Council in accordance with Article III of Chapter 7 of the Code of Ordinances of the City of Paris. PASSED AND ADOPTED this '411-1 clay f November, 1994 Don Shelton, Mayor ATTEST: Mattie Cunningham, City Cle k APPROVED AS" FORM: T. K. "Haynes��ty Attorney Resolution No. 94 -142, authorizing and directing the Mayor of the City of Paris, Don Shelton, to execute on behalf of the City of Paris the contract with Gifford Electric for TOOT Project No. 94 -43 -103 for the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport, was presented. A motion was made by Councilman Clifford, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. '' C 0 0 RESOLUTION NO. 94 -142 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94 -011 authorize an application to be made to the Texas Department of Transportation for a grant for the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport; and, WHEREAS, the City Council of the City of Paris did in Resolution No. 94- 94 -055 accept the Grant Offer for "TXDOT Project No. 94 -43- 103 "; and, WHEREAS, the City Council of the City of Paris, did in Resolution No. 94- 090 on July 18, 1994 authorized Bucher, Willis & Ratliff to advertise for bids for furnishing plant, labor, materials and equipment and performing all work required for the "TxDOT Project No. 94 -43 -103" for the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport., which bids were received until 10:00 o'clock A.M., Monday, November 14, 1994; and, WHEREAS, the best bid for such construction was made by GIFFORD ELECTRIC, Fort Worth, Texas, and it should be awarded the bid for such construction; and, WHEREAS, the form of contract for such construction project attached hereto as Exhibit A, should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid of GIFFORD ELECTRIC, for the construction project in the amount of $77,214.50 is hereby accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and lie is hereby authorized and directed to execute on behalf of the City of Paris the contract with GIFFORD ELECTRIC for "TxDOT Project No. 94 -43- 103" for the installation of lighted guidance signs on Runway 17/35 at Cox Field Airport, upon the terms and conditions and in the form shown in Exhibit A attached hereto. PASSED AND ADOPTED this 14th day of November, 1994. �a:-W Don She m , ay r ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: d T. K: I- Iayneg,;'City Attorney AGREEMENT BETWEEN SPONSOR AND CONTRACTOR TxDOT PROJECT NO: STATE OF TEXAS )( KNOW ALL MEN BY THESE PRESENTS COUNTY OF TRAVIS )( This Agreement made this day of ,19 by and between City of Paris, Texas , (Sponsor) hereinafter called "Sponsor ", acting by and through the Texas Department of Transportation, hereinafter called "AGENT" and (Contractor) and contractor's executors, administrators, heirs, successors or assigns hereinafter called "Contractor ". WHEREAS, Sponsor desires to enter into a contract for airport improvement as is more fully described in the Contract Documents in accordance with the provisions of the state statutes, and WHEREAS, the CONTRACTOR has been engaged in and now does such work and represents that Contractor is fully equipped, competent, and capable of performing the desired and herein outlined work and is ready and willing to perform such work in accordance with the Contract Documents, and WHEREAS, Sponsor and the CONTRACTOR for and in consideration of the mutual covenants set forth, agree as follows: WORK CONTRACTOR shall furnish all the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work indicated in the Contract Documents. The Project is generally described as follows: Airfield Improvements - Cox Field The work is generally described as follows: Installation of guidance signs, taxiway light improvements and electrical controls. ENGINEER The Project has been designed by Bucher, Willis & Ratliff, 3620 Old Bullard Road, Suite 206, Tyler, Texas 75701 who is hereinafter called ENGINEER and who is to act as AGENT's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. Page 1 of 6 EXHIBIT A b8 ., «..d...,�.�. CONTRACT TIME The CONTRACTOR will commence the work required by the Contract Documents on I the date indicated on the Notice to Proceed and will complete the work within 90 calendar days unless the period for completion is extended in accordance with the Contract Documents. If the Contractor does not complete the work within the specified time, the CONTRACTOR agrees to pay as liquidated I damages the sum of S 250.00 , for each calendar day thereafter until the work is completed in accordance with the Contract Documents. CONTRACT PRICE The CONTRACTOR agrees to perform all the work described in the Contract Documents not to exceed the sum of $ as described in the proposal as base bid and (additive alternate(s) as appropriate) CONTRACT DOCUMENTS The term "Contract Documents" means and includes the following which are incorporated herein by reference as if fully reproduced: A. Pre -Bid Information (List Table of Contents of Contract Documents) IB. Instructions to Bidders C. Bid Forms D. Agreement Between Sponsor and Contractor E. Bonds and Certificates �_. F. General Provisions G. Supplementary Conditions H. General Project Requirements I Drawings Index J. Addenda K Technical Specifications N• Drawings prepared by Bucher, Willis & Ratliff numbered 1 through 7 dated 10 -24 -94 Page 2 of 6 C. i 9 Specifications prepared or issued by Bucher, (Willis 5 Ratliff dated 10 -24 -94 ADDENDA I No. dated No. dated No. dated No. dated No. dated No. dated PAYMENT The AGENT will pay the CONTRACTOR in the manner and at such times and in such amounts as required by the Contract Documents. The CONTRACTOR expressly warrants that no third person has been employed to solicit or obtain this contract in Contractor's behalf, or to cause or procure the same to be obtained upon compensation in any way contingent, in whole or in part, upon such procurement, or in compensation for services in connection therewith, any brokerage commission or percentage upon the amount receivable by Contractor hereunder, and that Contractor has not in estimating the contract price demanded, included any sum by reason of any such brokerage, commission or percentage; and that all monies payable to Contractor hereunder are free from all obligations of any other person for services rendered, or supposed to have been rendered, in the procurement of this contract. Contractor further agrees that any breach of this warranty shall constitute adequate cause for the annulment of this contract or for the deduction from any sums due or to become due thereunder an amount equal to any brokerage, commission or percentage so paid or agreed to be paid or both. It is acknowledged and agreed by the parties hereto that this contract is the full and complete contract for the construction of the work called for and described herein. The Contractor hereby certifies that all franchise taxes are paid and in good standing or that Contractor is not subject to franchise taxes. This Agreement shall be binding upon all parties hereto and their respective heirs executors, administrators, successors, and assigns. I.. :�.: Page 3 of 6 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials this agreement in triplicate each of which shall be deemed an original on the date first written above. CONTRACTOR SPONSOR By: _ Name: Title: (Please Print) (Name of Firm) (Address) (Telephone Number) Date: By and through its Agent, the Texas Department of Transportation By: David S. Fulton, Director Aviation Division Texas Department of Transportation Date. Page 4 of 6 — 701 THE STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared , known to me to be the Contractor named in this contract, and is the person whose name is subscribed to the foregoing instrument and acknowledged to me that he /she has authority to execute and has executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of A.D. 19 Notary Public, State of Texas L (Printed or typed name) My Commission expires Page 5 of 6 This contract is approved as to form. Attorney General of Texas By: Assistant Attorney General Date: Resolution No. 94 -143, authorizing and directing the Mayor of the City of Paris to execute on behalf of the City of Paris the Interlocal Governmental Agreement with the Housing Authority of the City of Paris for security Services through the Paris Police Department, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. Page 6 of G- �# 0 3 RESOLUTION NO. 94 -143 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 90- 099, authorize an Interlocal Governmental Agreement for Security Services through the Paris Police Department with the Housing Authority of the City of Paris, which agreement expired January 31, 1992; and, WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 92- 005, authorize an extension of said agreement for an additional tern of one year, which term expired on January 31, 1993; and, WHEREAS, funding has again become available to the IIousing Authority of the City of Paris through the "Community Policing Drug Elimination Grant ", and the City of Paris has again been requested to furnish said community policing drug elimination services through the Paris Police Department; and, WHEREAS, it is deemed to be in the best interest of the citizens of the City of Paris that said services be provided; and, WHEREAS, the Interlocal Governmental Agreement for Community Policing Drug Elimination Services, attached hereto as Exhibit A, would satisfy the request by the Housing Authority of the City of Paris at a cost of $62,400.00, which is within the grant budget; and, WHEREAS, the form of the agreement for said services, attached hereto as Exhibit A, should, in all things, be approved, and Don Shelton, Mayor of the City of Paris, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Interlocal Governmental Agreement attached hereto as Exhibit A be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that Don Shelton, Mayor of the City of Paris, be, and lie is hereby, authorized and directed to execute on behalf of the City of Paris the Interlocal Governmental Agreement with the IIousing Authority of the City of Paris, upon the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this l4th day of November, 94. Don Shelt i , Ma r ATTEST: Mattie Cunningham, City Clerk APPROVED,AS TQ FORM: . K. t- Lynes, City - Attorney INTERLOCAL GOVERNMENTAL AGREEMENT FOR COMMUNITY POLICING DRUG ELIMINATION SERVICES BETWEEN TIIE CITY OF PARIS AND TIIE HOUSING AUTIORITY OF TIIE CITY OF PARIS STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) THAT, the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor, Don Shelton, duly authorized, hereinafter called CITY, and the HOUSING AUTHORITY OF TIIE CITY OF PARIS, a public housing authority, acting by and through its Executive Director, Lynn Clowers, hereinafter called PIIA, do hereby contract and agree as follows: 1. CITY covenants and agrees that it will furnish community policing drug elimination services, in addition to ordinary police patrol services currently furnished to PIIA, to consist of two (2) police officers, certified by the Texas Commission on Law Enforcement Officer Standards, who have been trained in multi - ethnic cultural and sensitivity training, with personal communication packs, and one fully equipped and marked police patrol unit for two thousand six hundred and sixty -four (2,664) hours for the contract period. IIours are to be scheduled weekly as agreed between the Chief, Paris Police Department, and the Executive Director of the Housing Authority of the City of Paris, or Designee, and reduced to a written schedule in the form of Exhibit A, attached hereto, and the schedule may be amended upon agreement of the same parties. INT .111,OCAi, AGRE1;N11•:N7' FOR COMMUNiTY POLICING DRUG LUMINKnON SLRViCES ... PaRe I EXHIBIT A x'05 2. City also agrees to provide officers to attend monthly meetings of the residents' organization council, which said officers will consist of the Crime Prevention officer, the Police Athletic League officer and the Drug Abuse Resistance Education officer. The Chief shall meet quarterly with the Executive Director of the Mousing Authority of the City of Paris, or Designee, in order to review progress of the grant and discuss recommendations for improvements, if needed. 3. Police Officers of the City of Paris shall strive to walk, ridc bicycles, utilize the patrol unit or any other mechanism and equipment to police the PHA housing in a community policing effort to improve the safety of residents and relationship between residents and law enforcement, with a primary objective being to eliminate illegal drugs, their use and trafficking. 4. PHA agrees to pay and CITY agrees to accept $62,400.00 for the first year of said service. 5. This agreement shall be effective and the term hereof shall commence on the 1st day of December, 1994, and shall end on the 30111 day of November, 1995. 6. In the event that PHA desires continued community policing drug elimination services beyond the term of this agreement, PI IA shall give written notice to CITY on or before ninety (90) days before the termination datc of this agreement of its desire for such service for an additional term, and, upon receipt of said notice, CITY will assist in making application for grants, if available. If no grant is available, City will deliver to PIIA, within (30) days, the annual cost at which City could deliver services, and thereafter, on or before 30 days from the termination date of this agreement, PHA will execute the agreement for services for an INITIRLOCAL AGRRkMGNT FOR COMMUNITY MUCING DRUG F.LIMINMION SERYICrS ... Paste 2 additional annual term upon the same terms and conditions as stated herein at the cost stated in the new agreement. Executed this 14th day of November, 1994. CITY OF PARIS Don Shelton, Mayor ATTEST: Mattie Cunningham APPROVED AS TO FORM: T. K. Haynes, City Attorney hIOUSING AUTHORITY OF THE CITY OF PARIS Lynn Clowers, Executive Director STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared DON SI-IELTON, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. 1994. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of November, Notary Public, State of Texas INMILOCAL AGRrsi NIE..N'r I-'oR COMMUNITI' POLICING DRUG F.LIMINA110N SI�.RM S...Page 3 707 —_ STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared LYNN CLOWCRS, Executive Director of the Housing Authority of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of November, 1994. Notary Public, State of Texas INITTLOCAL AGRUNIENT FOR COMMUNITY POLICING DRUG ELIMINATION SBRVICF,S...Peee 4 EXHIBIT Resolution No. 94 -144, authorizing the City Attorney, of the City of Paris, T. K. Haynes, to negotiate on behalf of the City of Paris an agreement with GENESCREEN for the use of space in Paris -Lamar County Health Department, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 5 ayes, 0 nays. 709 RESOLUTION NO. 94 -144 WHEREAS, the City Council has been made aware of GENESCREEN's need for space for the purpose of having a location to draw specimens for paternity testing for the Attorney General's Office, Child Support Division, to determine parentage on unresolved child support cases; and, WHEREAS, GENESCREEN has requested the use of space at the Paris -Lamar County Health Department one or two days per month and it would be appropriate for the City of Paris to negotiate all agreement with GENESCREEN; NOW, THEREFORE, BE IT RESOLVED BY TI -1E CITY COUNCIL OF THE CITY OF PARIS, that the City Attorney of the City of Paris, T. K. Haynes, be, and he is hereby authorized to negotiate, on behalf of the City of Paris, an agreement with GENESCREEN for the use of space at Paris - Lamar County Health Department. PASSED AND ADOPTED this loth clay of November, 1994. Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K� Hayljs; City Attorney Resolution No. 94 -145, supporting the proposed improvements of the Green Carpet Route (Highway 271) and encouraging the Texas Department of Transportation to expedite construction as soon as possible, was presented. A motion was made by Councilman Bell, seconded by Councilman Jenkins for approval of the resolution. The motion carried 5 ayes, 0 nays. 710 RESOLUTION NO. 94 -145 WIIEREAS, the East Texas -Gulf Highway Association was organized in 1965; and, WHEREAS, it has been the objective of this Association for the past 29 years to develop a four lane highway from Houston, Texas to the south border of Oklahoma, called the Green Carpet Memorial Route; and, WHEREAS, this Association has made presentations to the coin in] ssioners of the Texas Department of Highways (now Transportation) for the past 29 years requesting completion of this project; and, WHEREAS, only 54 1/2 miles remain to be four laned to complete this project, 48 miles from Mt. Pleasant to Paris, and 6 1/2 miles on state 135 between Interstate 20 and U.S. 271; and, WIIEREAS, the Green Carpet Memorial Route was made a part of the Texas trunk system in November, 1989, and is a U.S. Highway; and, WHEREAS, this route when continuing north through Oklahoma and other states practically divides the United States. This is most important as a route for NAFI'A traffic to Mexico and Canada. WIIEREAS, should the City of Paris be requested to pay any cost for right -of -way for this project it will be considered when the Texas Department of Transportation contacts the City of Paris. WHEREAS, the City of Paris, Paris, Texas supports this project. PASSED AND APPROVED this 14th day of November, 1994. Don Shelton, Mayo ATTEST: Mat�cu�gl= , Cit y C rk APPROVED AS TO FORM: T. K. Haynes, Clity Attorney Resolution No. 94 -146, resolving that Booth Alley from 7th Street N. E. East to 8th Street N. E. be and the same is hereby designated as Booth Lane, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. 711 RESOLUTION NO. 94 -146 WHEREAS, the City Council of the City of Paris, in keeping with its philosophy of serving all of the citizens of Paris; and, WHEREAS, the property owners adjacent to the street named "Booth Alley" have requested that the name be changed to "BOOTH LANE "; and, WHEREAS, a review of the named streets of Paris find that there is no conflict with BOOTH LANE, therefore, it is deemed appropriate that Booth Alley from 701 Street N.E. east to 8th Street N.E. be, and the same is hereby renamed as BOOM LANE; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Booth Alley from 7th Street N.E. east to 8111 Street N.E. be, and the same is hereby designated as "BOOTH LANE ", effective December 1, 1994. PASSED AND ADOPTED this 14th day of November, 1994. �• M 11 1 ATTEST: Mattie Cunningham, City Cle k APPROVED AS TO FORM: T. W.- 1- laynes, qty Attorney A motion was made by Councilman Clifford, seconded by Councilman Bell to table action on a resolution authorizing the trade of Lot 6, City Block 276 for the north part of Lot 7, City Block 251A including building, swimming pool, water slide and parking area. The motion carried 5 ayes, 0 nays. Resolution No. 94 -147, referring to the Planning and Zoning Commission of the City of Paris for study and recommendation the matter of removal of zoning from Commercial District and Specific Use Permit - Billboard Sign (52) on Lot 1FA, City Block 306, was presented. A motion was made by Councilman Clifford, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. RESOLUTION NO. 94 -147 WHEREAS, the City Council of the City of Paris has been made aware of the fact that Lot IFA, City Block 306 was heretofore zoned Commercial District (C) and Specific Use Permit- Billboard Sign (52) in Ordinance No. 87 -065, passed on the 9th day of November, 1987; and, WHEREAS, the use established in the above described ordinance has terminated and it would be in the best interest of the City of Paris that such zoning classification be reviewed by the Planning and Zoning Commission of the City of Paris and changed from Commercial District (C) and Specific Use Permit - Billboard Sign (52) to Commercial District (C) or other appropriate zoning; and, WHEREAS, it is fitting and proper that public hearings be held by and before the Planning and Zoning Commission of the City of Paris, Paris, Texas, on the 5th day of December, 1994, at 5:30 o'clock p.m. in the Council Chambers, City flail, Paris, Texas, and by and before the City Council of the City of Paris, Paris, Texas, on the 8th day of December, 1994, at 6:00 o'clock p.m. in the Council Chambers, City Hall, Paris, Texas; NOW, THEREFORE, BE IT RESOLVED BY TILE CITY COUNCIL OF THE CITY OF PARIS, that the matter of removal of zoning from Commercial District (C) and Specific Use Permit- Billboard Sign (52) on Lot IFA, Block 306, owned by the City of Paris, be, and the same is hereby, referred to the Planning and Zoning Commission of the City of Paris, Paris, Texas, for study and recommendation; and, BE IT FURTHER RESOLVED, that public hearings be held by and before the Planning and Zoning Commission of the City of Paris, Paris, Texas, on the 5th day of December, 1994, at 5:30 o'clock p.m. in the Council Chambers, City Hall, Paris, Texas, and by and before the City Council of the City of Paris, Paris, Texas, on the 8th day of December, 1994, at 6:00 o'clock p.m. in the Council Chambers, City Hall, Paris, Texas, said hearings to be held concerning removal of such specific use permit on said property. PASSED AND ADOPTED this 14th day of November, 1994. 4 Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPRO` EDAS TO FORM: T. K. Haynes, -City Attorney 7 1 � City Manager Malone advised the Council that the next item on the agenda, authorizing the execution of a lease purchase contract for two automobiles for the Police Department with option to turn back in August 31, 1995 had been tabled, and a motion to bring from the table would be necessary if the Council choose to take action on this matter. A motion was made by Councilman Clifford, seconded by Councilman Jenkins to bring this item from the table. The motion carried 5 ayes, 0 nays. Resolution No. 94 -148, authorizing the City Manager of the City of Paris, Michael E. Malone to execute on behalf of the City of Paris the Purchase With Option to Return Agreement with Lowry Chevrolet, Inc. for the purchase of two new vehicles for the Paris Police Department, was presented. A motion was made by Councilman Clifford, seconded by Councilman Bell for approval of the resolution. The motion carried 5 ayes, 0 nays. A. 714 RESOLUTION NO. 94 -148 WHEREAS, the City Council of the City of Paris, did in Resolution 94 -111 accept the Law Enforcement /Detection /Apprehension Grant No. SA- 95 -TO1 -08004 from the Office of the Governor, Automobile Theft Prevention Authority; and, WIIEREAS, as a part of the above described grant program, the City of Paris took bids for the furnishing and delivery of two new vehicles, which are to be furnished with the option to return for the Paris Police Department, which bids were received until 3:00 P.M., Tuesday, November 8, 1994; and, WIIEREAS, the best bid for furnishing and delivery of said vehicles with option to return was made by LOWRY CIEVROLET, INC. in the form of Exhibit A attached hereto, and it should be awarded such bid; and, WIIEREAS, the form of the Retail Instalment Sale Contracts for such vehicles attached hereto as Exhibit B -1 and Exhibit B -2, should be approved, and the City Manager should be authorized to execute the same; NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid outlined on the Bid Form of LOWRY CIEVROLET, INC., attached hereto as Exhibit A, for the furnishing and delivery of two new vehicles with the option to return for the Paris Police Department is hereby accepted and let conditioned upon said dealer meeting all of the terms and conditions included in the bid documents; and, BE IT FURTIIER RESOLVED, that the form of Retail Instalment Sale Contracts attached hereto as Exhibit B -1 and Exhibit B -2, be, and the same are hereby approved, and that the City Manager of the City of Paris, Michael E. Malone, be, and lie is hereby authorized and directed to execute on behalf of the City of Paris the Retail Instalment Contracts with LOWRY CHEVROLET, INC., for the furnishing and delivery of two new vehicles with the option to return, upon the terms and conditions and in the form shown in Exhibit B -1 and Exhibit B -2 attached hereto. PASSED AND ADOPTED this 14th day of November, 1994. on Shelton, M yor ATTEST: Mattie Cunningham, City Cl k APPROVED AS TO FORM: K. I-faynes, amity Attorney 71,10, I BID FORM PURCHASE VEHICLES WITH OPTION TO RETURN TO: MAYOR AND CITY COUNCIL, FROM: LOWRY CHEVROLET INC 1915 N. *LAIN PARIS, TX 75460 Name and Address of Bidder (I), (We) hereby offer to the City of Paris vehicles meeting your specifications: Option 1 - Purchase with the option to return vehicles on October 31,1995, with payments to be made over the ten month period beginning November 15,1994 and ending August 31,1995. (Describe any deviation from the prepared specifications) 1. SEE ATTACHED FOR PRICING OF UNIT #1 AND #2 2. 3. Said vehicles to be delivered within 30 (complete) calendar days to the City of Paris Police Department, 811 Bonham, Paris,Texas, filling the description in the City of Paris Specification. All Prices F.O.B. City of Paris. TOTAL 31a PRICE Sig atxlre and Titlh of perbon sub tting bid EXHIBIT. A this _day of , 1994 �! r'-ti F'- C�r F�h NOV 8 1994 CITY ?:inl-: AGLR PP ?_IS, TEXAS i IL SPECIFICATIONS VEHICLE ONE 1. NEW 1994 OR 1995 FULL SIZE 1/2 TON PICKUP TRUCK WITH WIDE BED. 2. WHEEL BASE SIiALL BE A MINIMUM OF 117 INCHES 3. ENGINE - SHALL BE A MINIMUM OF 4.0 LITER AND BE A V -6 4. RADIATOR - STANDARD MANUFACTURERS EQUIPMENT 5. TRANSMISSION - 4 SPEED AUTOMATIC 6. BRAKES - POWER BRAKES 7. SUSPENSION - STANDARD MANUFACTURERS EQUIPMENT 8. STEERING - POWER STEERING 9. ELECTRICAL - STANDARD MANUFACTURERS EQUIPMENT 10. SPEED CONTROL - STANDARD MANUFACTURERS EQUIPMENT 11. RADIO - AM /FM RADIO 12. SEAT - CLOTH 13. WINDSHIELD WIPERS - INTERMITTENT WITH DELAY 14. TIRES - P235 -1S RADIAL 15. AIR CONDITIONING - STANDARD MANUFACTURERS EQUIPMENT 16. HEATER - STANDARD MANUFACTURERS EQUIPMENT 17. BODY - SHORT WIDE BOX, FULL SIZE PICKUP 18. COLOR - RED OR WHITE 19. INTERIOR COLOR - RED, GRAY, OR BEIGE 20. EXTERIOR MIRROR - BELOW EYELINE STANDARDS 21. WINDOWS - STANDARD MANUFACTURERS EQUIPMENT 22. WARRANTY - 36 MONTHS, 36,000 MILES OR EQUIVALENT 23. BIDDERS EQUIPMENT - BIDDERS WILL OUTLINE ON THE BID FORM DEVIATIONS FROM THE PREPARED SPECIFICATIONS 24. SALES TAX EXEMPTION - NO STATE OR MUNICIPAL SALES TAX IS APPLICABLE TO THIS LEASE 25. DELIVERY TIME - WITHIN 30 DAYS OF AWARDING OF BID 26. DELIVERY POINT - CITY OF PARIS GARAGE, 50 W. HICKORY, PARIS,TEXAS A -2 717 SPECIFICATIONS VEHICLE TWO 1. NEW 1994 OR 1995 FOUR DOOR SEDAN 2. WHEELBASE - SHALL BE A MINIMUM OF 107 INCHES 3. ENGINE - SHALL BE A MINIMUM OF 3.0 LITER AND BE A V -6 4. RADIATOR - STANDARD MANUFACTURERS EQUIPMENT 5. TRANSMISSION - AUTOMATIC 6. BRAKES - POWER ANTI -LOCK BRAKES 7. SUSPENSION - STANDARD MANUFACTURERS EQUIPMENT 8. STEERING - POWER STEERING 9. ELECTRICAL - ELECTRIC POWER LOCKS, REAR WINDOW DEFOGGER, AND POWER TRUNK OPENER 10. SPEED CONTROL - SPEED AND CRUISE CONTROL 11. RADIO - AM /FM RADIO 12. SEAT - CLOTH 13. WINDSHIELD WIPERS - INTERMITTENT AND DELAY 14. TIRES - 205 -15 STEEL BELTED RADIALS 15. AIR CONDITIONING - STANDARD MANUFACTURERS EQUIPMENT 16. HEATER - STANDARD MANUFACTURERS EQUIPMENT, WITH OUTSIDE FRESH AIR SUPPLY AND DEFROSTER 17. BODY - FOUR DOOR SEDAN 18. COLOR - WHITE WITH GRAY AND BLUE TRIM 19. INTERIOR COLOR - GRAY AND BLUE 20. EXTERIOR MIRROR - TWIN WITH REMOTE CONTROL 21. WINDOWS - ELECTRIC POWER WINDOWS 22. WARRANTY - 36 MONTHS OR 36000 MILES OR EQUIVALENT 23. BIDDERS EQUIPMENT - BIDDERS WILL LIST OUTLINE ON THE BID FORM DEVIATIONS FROM THE PREPARED SPECIFICATIONS 24. SALES TAX EXEMPTION - NO STATE OR MUNICIPAL SALES TAX IS ALLICABLE TO THIS LEASE 25. DELIVERY TIME - WITHIN 30 DAYS OF AWARDING OF BID 26. DELIVERY POINT - CITY OF PARIS GARAGE, 50 W. HICKORY, PARIS,TEXAS A- 3 718 Chevrolet, Inc. Vehicle No. 1 1994 Chevrolet 1/2 ton SWB Pickup Sales Price $14,500.00 Other Charges 6 Fees 69.75 Total Delivered Price 14,569.75 Payment Schedules Contract Schedule Date Alternate Schedule 1650.00 Nov 15, 1994 1650.00 330.60 Dec 1, 1991, • 363.66 330.60 Jan 1, 1995 363.66 330.60 Feb 1, 1995 363.66 330.60 Mar 1, 1995 363.66 330.60 Apr 1, 1995 363.66 330.60 May 1, 1995 363.66 330.60 Jun 1, 1995 363.66 330.60 Jul 1, 1995 363.66 330.60 Aug 1, 1995 363.6T 330.60 Sep 1, 1995 363.6,6 330.60 Oct 1, 1995 10510.26* Nov 1, 1995 10510.26* * or $250.00 if unit is returned to GMAC with 15,000 miles or less. 10c per mile for excess miles over 15,000 miles. Proof of Collision and Liability insurance reauested. R ECLIVED HOV 8 1994 CITY MANAGER PARIS, TEXAS 1915 N. Main . Paris, Texas 75460 . Phone (903) 7847446 . Dallas 238 -9011 A -4 I 719 Chevrolet, Inc. Vehicle No. 2 1995 Lumina 4 Door Sedan Sale Price $16,500.00 Other Charges 6 Fees 69.75 Total Delivered Price 16,569.75 Payment Scheudles: Contract Schedule Date Alternate Schedule 1650.00 Nov 15, 1994 1650.00 480.16 Dec 1, 1994 528.18 480.16 Jan 1, 1995 528.18 480.16 Feb 1, 1995 528.18 480.16 Mar 1, 1995 528.18 480.16 Apr 1, 1995 528.18 480.16 May 1, 1995 528.16 480.16 Jun 1, 1995 528.18 480.16 Jul 1, 1995 528.18 480.16 Aug 1, 1995 528.18 480.16 Sep 1, 1995 528.18 480.16 Oct 1, 1995 10996.65* Nov 1, 1995 10996.65* *or $250.00 if unit is returned to GMAC with 15,000 miles or less. IOC per mile for excess miles over 15,000 miles. Proof of Collision and Liability insurance required. 1915 N. Main - Paris, Texas 75460 - Phone (903) 784 -7446 - Dallas 238 -9011 A -5 720 GMAG SmartBuy'" RETAIL INSTALMENT SALE CONTRACT r INANCIAL 'U1IVICLS GMAC FLEXIBLE FINANCE PLAN Dealer Number Contract Number Buyer (and Co- Buyer) —Name and Address (Include County and Zip Code) Creditor (Seller Name and Address) CITY OF PARIS LOWRY CHEVROLET, INC. P.O. BOX 9037 1915 N.MAIN PARIS, TX. 75461 -9037 PARIS, TX. 75460 You, the Buyer (and Co -Buyer, it any), may buy the vehicle described below for cash or on credit. By signing this contract, you agree to buy the vehicle on credit under the agreements on the front and back of this contract. You agree to pay the Creditor the Amount Financed and Finance Charge according to the payment schedule shown below. The Finance Charge is figured on a daily basis at the Annual Percentage Rate on the unpaid balance of the Amount Financed. Description of Vehicle. You agree to buy and the Creditor agrees to sell the following vehicle: NeworUsed Year Make and Model Body Type Vehicle Identification No. Use for Which Purchased NEW 1994 C11EV 1 /2TON PK 1CCDC14Z4RZ282675 I.J personal Cl agricultural V,1 business LI 1.1 Iruck —Give GVW and describe body and major items of equipment sold: Mileage on Odometer 317 FEDERAL TRUTH -IN- LENDING DISCLOSURES ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments Total Sale Price The cost of your credit as a The dollar amount the The amount of credit pro- The amount you will have paid The total cost of your purchase yearly rate. credit will cost you. vided to you or on your alter you have rade all pay- on credit, including your down - $ N/A Motor Vehicle Inspection Fee _ _ _ _ _ _$ behail. ments as scheduled. payment of S is 10.5 % $ 1227.11 S 12919.75 S 14146.56 $ 15796.86 .UUI r-UpTIVlll aullcuule "III ue: Number of Payments Amount of Payrnenls When Payments Are Due Or as Follows: 11 _3 He 0 Monihtybeginning_I 1)1',C. 1994 -- l FINAL PAYMENT OF 10510.26 -- _ — — — -DUI'. ON 1 NOV. 1995 Prepayment. It you pay off all your debt early, you will not have to pay a penalty. Security Interest. You are giving a security interest in the vehicle being purchased. Additional Information: See the other side of this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date, and security interest. I - LMILAI IUN Ut AMUUN I FINANCtU I Cash Price (Including any accessories, goods, services, and sales tax of $ _) $ 14 500.00 (t) 2 Total Downpayment = Net Trade -in $ N/ A a Cash Downpaymenl $ 1650.00 -r Other (Describe) $ Your Trade-in isa N/n N/A $ 1650.00 (2) Year Make Model 9 Unpaid Balance of Cash Price (I minus 2) s 12850.00 (3) 4 Other Charges Including Amounts Paid to Others on Your Behalf: 'A Cost of Required Physical Damage Insurance Paid to the Insurance Company Named Delow— Covering Damage to the Vehicle $ N/A "D Cost of Optional Coverages with Physical Damage Insurance. This insurance is not required by Creditor. $ N/A '•'C Cost of Optional Mechanical Repair Insurance Paid to the Insurance Company Named Below— Covering Certain Mechanical Repairs $ N/A '***D Cost of Optional Credit Insurance Paid to the Insurance Company or Companies Named Below. Life $ Disability, Accident and Health $ $ N/A E Official Foos Paid to Government Agencies $ NIA F Taxes Not Included in Cash Price $ NIA G Government License and /or Registration Fees (Itemize) $ N/A H Government Ceriificato of Title Fees $ N/A Motor Vehicle Inspection Fee _ _ _ _ _ _$ 19.75 J DOCUMENTARY FEE. A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY DE CHARGED TO BUYERS FOR HANDLING DOCUMENTS AND PERFORMING SERVICES RELATING TO THE CLOSING OF A SALE. BUYERS MAY AVOID PAYMENT OF THE FEE TO THE SELLER BY HANDLING THE DOCUMENTS AND PERFORMING THE SERVICES RELATING TO THE CLOSING OF THE SALE. A DOCUMENTARY FEE MAY NOT EXCEED $50. THIS NOTICE IS REQUIRED BY LAW. $ 50.00 K Other Charges (Seller must identify who will receive payment and describe purpose) In_1,01 IZY Ctli VRULET, INC. fnr DEALER' S INVE.NTORY TAX $ N/A to for -- -- $ Total Other Charges and Amounts Paid to Others on Your Behalf $ 69.75 (4) 5 Amount Financed— Unpaid Balance (3 + 4) $1291().75 LAST SCHEDULED PAYMENT. THIS CONTRACT IS NOT PAYABLE IN INSTALMENTS OF EQUAL AMOUNTS. AN INSTALMENT OF 1 $ .1051.0.26 WILL BE DUE ON 1 NOV. 1995 it you make every payment on the dale it is due. As (Mo.) (Day) (Yr.) explained on the reverse side of This contract in the paragraph entitled "Late Payments and Early Payments" the amount of the last instalment may be more or less than the amount shown in the Payment Schedule. You can choose one of the options on the reverse side of this contract in the paragraph "Buyer's Last Payment Options." The excess Mileage Deduction used to figure the Sale Price in the paragraph "Your Option to SCir on the reverse side will be ten cents (loo) per mile for each mile the vehicle is driven over--1.5,j 000 miles. EXHIBIT ® I Insurance. 11 any insurance is checked below, the policies or certilicales issued by the Companies named will describe the terms and conditions. ,'Required Physical Damage Insurance. Physical Damage Insurance is required until your "'Optional Mechanical Repair Insurance. The cost of ,debt Is paid in full. You have the option of furnishing the required coverage, either through this insurance is shown in 4C of the Itemization above. existing policies of Insurance that you own or control or by obtaining equivalent coverage N/A through any insurance company authorized to do business in Texas. The cost of this insur- Insurance Company ance is shown in 4A of the Itemization above. Insurance Company N /L1 Term:.N�A months Term: 036 months or 36,000 miles, whichever occurs first O II checked, the premium for such insurance included in this contract is al a rate of charge not fixed Term: C] 1-111 checked, the premium for such insurance included herein or approved by the Stale Board of Insurance of Texas. You have the option, for a period of 10 days from the dale of delivery of a copy of this contract to you, of furnishing the required insurance cov- is at a rate of charge not fixed or approved by the Slate Board erage either through existing policies of insurance you own or control or by obtaining equivalent of Insurance of Texas. coverage through any insurance company authorized to do business in Texas. r3$. N/A Deductible Collision and either: 1J $25 Deductible • Full Comprehensive including Fire, Theft and Combined Additional Coverage Cl $50 Deductible • $_NlA Deductible Comprehensive including Fire, Theft and Combined Additional IJ $ Deductible Coverage CI Fire, Theft and Combined Additional Coverage "Optional Coverages with Physical Damage Insurance. If you have chosen this insurance, the premiums for the initial month tern are ilemized below and the total cost is shown in 413 of the Itemization above. Towing and Labor Costs 0 Rental neimbursernenl (.I $— N / A — CD Radio Equipment i_1$ N/A " *Optional Credit Insurance. Credit life insurance and credit disability insurance are not required to obtain credit and will not be provided unless you sign for them and agree to pay the additional cost. II you want this insurance, check the insurance desired and sign below. if you have chosen this insurance, the cost is shown in 40 of the itemization above. Credit life insurance is based upon the payment schedule and term shown above. This insurance may not pay all you owe on this contract if you make late payments. Disability insurance covers the original payment amount for Ilse term shown above. It you make late payments, disability insurance will not pay all of your payments. Check the Insurance desired: Fl Life (Buyer O Co -Buyer O Both 0) U Disability, Accident and Health (Buyer Only) (Name of Insurer) (Home Office Address) This policy will pay amounts duo on this contract up to $ Total Policy coverage for this and any other Retail Instalment Sale Contract is limited to Credit Disability, Accident and Health Insurance covers the first payments and does not cover the last scheduled payment. 0 If checked, the premium for such insurance included herein is at a rate of charge not fixed or approved by the Slate Board of Insurance of Texas. 15 NOV_.129_4- Buyer Signature Date Co -Buyer Signature Dale THE INSURANCE, IF ANY, REFERRED TO IN THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS. a the other side of this contract for other important agreements, including your agreement to give the Creditor a security interest in insurance premiums Iproceeds. E BUYER'S OPTION TO SELL IS OPTIONAL WITH YOU. DO NOT SIGN T141S CONTRACT UNLESS YOU WANT T14E OPTION TO SELL THE VEHICLE TO THE CREDITOR. EVEN IF YOU SIGN THIS CONTRACT, YOU DO NOT HAVE TO SELL THE VEHICLE UNLESS YOU WANT TO. IF YOU PREFER A CONTRACT UNDER WHICH YOU ARE SCHEDULED TO PAY WHAT YOU OWE IN PAYMENTS WHICH ARE ALL SUBSTANTIALLY EQUAL IN AMOUNT, YOU MAY CHOOSE A FINANCING PLAN OF THAT TYPE. NOTICE TO THE BUYER —DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE CONTRACT YOU SIGN. UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS SAVE A PORTION OF THE FINANCE CHARGE. KEEP THIS CONTRACT TO PROTECT YOUR LEGAL RIGHTS. You signed this contract and received a copy on NOV. 15 1994 KTY OF PARIS (Mo.) (Day) (Yr.) Buyer Signs �LiclalrL__— Nalone-- y Cit Marta er_ Co_BuycrSigns Co-Buyersand Other Owners —Aco -buyer is a person who is responsible for paying the entire debt. Anotherowneris a person whose name ison the title lolhe vehicle but does not have to pay the debt. The co -buyer or other owner knows that the Creditor has a security interest in the vehicle and consents to the security interest. Other owner signs here Address Creditor Signs LOWRY CHEVROLET, INC. By Title The Seller intends to assign this contract to General Motors Acceptance Corporation (GMAC) at P.O. BOX 660208 DALLAS , TX. 75266 -0208 Address When you receive notice of assignment, you agree to make payments to GMAC at the above address. To contact General Motors Acceptance Corporation about this account call _ZU -4i 17=5-0 aQ . This contract is subject in whole or in part to Texas law which is enforced by the Consumer Credit Commissioner, 2601 N. Lamar Blvd,, Austin, Texas 7 8705 -4207. Phone (512) 479 -1205 or (000) 538 -1579. Contact file commissioner relative to any inquiries or complaints. LII Seiler obtained this vehicle from General Motors Corporation (GM) on instalment credit terms. Seller assigns its interest in this contract to GM under tho terms of he GM Instalment Sales Finance Plan Terms of Substitution and Assignment agreement. Otherwise, Seller assigns its interest in this contract to General Motors lcceplanco Corporation (GMAC) under the terms of the GMAC Retail Plan agreement. Assigned with recourse Assigned without recourse or with limited recourse LOWRY CIIEVROLET,INC. V. P. Seller By Title Seller By Title Z109 AD -FR -TX B -93 (For use in the Stale of Texas) (1 of 4) Notice: See Other Side ORIGINAL — .......araww'rur.7` iYSUµ�u�siw - ,.w.wi. ,.. .... .nee,...,....... .. .....,. _... .. __ ......+ua.,,:w>erkr ••; ��:�_ -- - 2 GhRAC SmartBuy" RETAIL INSTALMENT SALE CONTRACT GMAC FLEXIBLE FINANCE PLAN dealer Numbor Contract Numbor Buyer (and Co-Buyor) —Name and Address (Include County and Zip Code) Creditor (Selior Name and Address) CITY OF PARIS LOWRY CHEVROLET, INC. P.O. BOX 9037 1915 N.MAIN PARIS, TX. 75461 -9037 PARIS, TX. 75460 You. the Buyer (and C"Lryor, if any), may buy the vehicle described bolow for cash or on credit. Dy signing this contract, you agree to buy tno vorncio on croon unuur ulu agreements on the front and back of this contract. You agree to pay the Creditor Ilia Amount Financed and Finance Charge according to the payment schedule sh bolow. The nnanco Charge is figurod on a daily basis at the Annual Porcontago Ralo on ilia unpaid Balanco of ilia Amount Financed. DescrlDtlon of Vehicle. You agroo to buy and ilia Creditor agrees to sell the following vohicle: NoworUsod Year Make and Model Body Type Vehiclo Identification No. Use for Which Purchased NEW 1995 C1IEV LUMINA 4D 2G1WL52MOS1108262 O personal 0 agricultural (}(business ❑ I If truck —ONe OVW and describe bgdy and ma)or•Iloms of oqulpmont solo: nnncage on yaometur 393 FEDERAL TRUTH -IN- LENDING DISCLOSURES ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments Total Sale Price The cost of your credit as a The dollar amount the The amount of credit pro- The amount you will have paid The total cost of your purchase yearly rate. credit will cost you. vided to you or on your after you have made all pay- on credit, including your down- $ N/A F Taxes Not included In Cash Price behall. ments as scheduled. payment of S is 10.5 % $1358.66 $ 14919.75 $ 16278.41 $ 17928.41 Your Payment Schedule Will Be: Number of Payments Amount of Payments When Payments Are Due iMonitilyboginning Or as Follows: Damage to the Vehicle ' 480.16 1 DEC 1994 1 1INAL PAYMENT OF 1 DUE ON 1•NOV 1995 Prepayment. II you pay off all your debt early, you will not have to pay a penalty. Security Interest. You nro giving a security Interest in the vehicle boing purchased. Additional Informatlon:'Soo the other sldo of this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled data, and security Interest. ITEMIZATION OF AMOUNT FINANCED . 1 Cash Price (Including any accessories, goods, services, and solos tax of $ ) $ 16500.00 .Z Total Downpaymonl — Not Trade -In $ N/A 4- Cash Downpaymont $ 1650.00 + Other (Describe) $ Your Trade-in Isa N/A $ 1650.00 (2) Year Make Model 3 Unpaid Balan coo f Cash Price (i minus 2) $ 14850-00 (3) 4 Other Charges Including Amounts Paid to Olhors on Your Bohalf: 'A Cost of Required Physical Damage insurance Paid to the Insurance Company Named Bolow— Covoring Damage to the Vehicle ' $ N/A "D Cost of Optional Coverages with Physical Damngo Insurance. This insurance is not required by Creditor. $ N/A ""C Cost of Optional Mechanical Ropair Insurance Paid to Iho Insurance Company Named Dolow— Covering Certain Mochnnlcnl Repairs $ N/A ***'D Cost of Optional Credit Insurance Paid to the insurance Company or Companies Named Below. Lilo $ Disability, Accident and Health $ $ N/A E Official Foos Paid to Government Agencies $ N/A F Taxes Not included In Cash Price $ N/A Q Government. License and/or Registration Foos (Ilomizo) $ N/A N Government Certificate of Title Foos $ N/A I Motor Vehiclo Inspoction Fee $ 19.75 J DOCUMENTARY FEE. A DOCUMENTARY FEE- IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO BUYERS FOR iANDLING DOCUMENTS AND PERFORMING SERVICES RELATING TO THE CLOSING OF A SALE. BUYERS MAY AVOID PAYMENT OF THE FEE TO THE SELLER BY HANDLING THE DOCUMENTS AND PERFORMING THE SERVICES RELATING TO THE CLOSING OF THE SALE. A DOCUMENTARY FEE MAY NOT EXCEED $50. THIS NOTICE IS REQUIRED BY LAW. $ 50.00 K Other Chargos (Sollor must idonlily wh6 will recoivo paymont aril do_cnbo iSurposo) lo_L�OWRY CiIEVROLIiT, INC. for--DI"(1LERS INVENTORY TAX $ N/A to for— $ Total Otter Charges and Amounts Paid to Others on Your Bohall $ 69.75 (4) 5 Amount Flnancod— Unpaid Balance (3 + 4) � 4 919.7 5 LAST SCHEDULED PAYMENT. THiS CONTRACT IS NOT PAYAPLE IN INSTALMENTS OF EQUAL AMOUNTS. AN INSTALMENT OF $ 10996.65 WILL BE DUE ON NOV. 1 1995 it you make every payment on ilia data it is due. As (Mo.) (Day) (yr.) explained on ilia rovorso sido of this contract in the paragraph entitled "Leto Payments and Early Payments" Iho amount of the last instalment may be more or loss than the amount shown In ilia Payment Schedule. You can choose one of the options on Ilia reverse side of this contract in the paragraph "Buyer's Last Payment Options:' The excess Mileage Deduction used to figure the Salo Price in the paragraph "Your Option to Sell" on ilia reverse side will be ton cents (101) per mile for each mile the i vohicle Is drivon avor 15,000 miles. EXHIBIT 0 - 2 17 `2 ' insurance. If any Insurance Is chKkod below, the policies or cortificalos issued by ilia Companies named will describe the terms and conditions. 'Requlred Physical Damage Insurance. Physical Damage Inaurance Is required until your — Optional Mechanical nepalr Insurance. The cost of debt Is paid In full. You have the option of furnishing the required coverage, either through this insurance is shown in 4C of the Itemization above. existing policies of Insurance that you own or control or by obtaining equivalent coverage through any Insurance company authorized to do business In Texas. The cost of this Insur- Insurance Company—NJ A ante Is shown In 4A of the Itemization above. insurance Company N /-A Term• N/A months Torm:036 months or 36,000 miles, whichever occurs first O If chocked, the premium for such insurance included in this contract is al a rate of charge not fixed Term: O 1111 chocked, the premium for such Insurance Included herein or approved by the State Board of Insurance of Texas. You have the option, for a period of 10 days from the date of delivery of a copy of this contract to you, of furnishing the required insurance cov- vrage either through existing policies of insurance you own or control or by obtaining equivalent is at a rate of charge not fixed or approved by the Slate Board of Insurance of Texas. /stage through any Insurance company authorized to do business in Texas. 6 N /A/ Deductible Collision and either: . O$25 Deductible 3 Full Comprehensive including Fire, Theft and Combined Additional Coverage 0 $50 Deductible 0"/A Deductible Comprehensive Including Fire, Tholt and Combined Additional ❑ $ Deductible Coverage b Fire, Theft and Combined Additional Coverage "Optional Coverages with Physical Damage Insurance. it you have chosen this insurance, ilia premiums for the initial month form are itemized below and the total cost is shown in 4B of the Itemization above. Towing and Labor Costs ❑ $ N%A Rental Reimbursement ❑ $ N/A CD Radio Equipment D $SIf A " "Optional Credit Insurance. Credit life Insurance and credit disability Insurance are not required to obtain credit and will not be provided unless you sign for them and agree to pay the additional cost. If you want this Insurance, check the insurance desired and sign below. If you have chosen this insurance, the cost Is shown in 4D of the Itemization above. Credit life Insurance is based upon the payment schedule and term shown above. This Insurance may not pay all you owe on this contract If you make late payments. Disability Insurance covers the original payment amount for the form shown above. If you make late payments, disability Insurance will not pay all of your payments. Check the Insurance desired: O Life (Buyer O Co-Buyer O Both O) ❑ Disability, Accident and Health (Buyer Only) (Name of Insurer) (Homo Office Address) This policy will pay amounts duo on this contract up to $ Total Policy coverage for this and any other Retail Instalment Sale Contract is limited to Credit Dispblllty, Accident and Health Insurance covers the first payments and does not cover the last scheduled payment. O If chocked, the premium for such insurance included heroin is al a rate of charge not fixed or approved by ilia State Board of Insurance of Texas. Buyer Signature Date Co -Buyer Signature Date THE INSURANCE, IFANY, REFERRED TO IN THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR BODILY INJURY " D PROPERTY DAMAGE CAUSED TO OTHERS. 01 ra umer erue or tnrs contract tor otner important agreements, Including your agreement to give ilia Creditor a security Interest In Insurance premiums ar oceeds. THE BUYER'S OPTION TO SELL IS OPTIONAL WITH YOU. DO NOT SIGN THIS CONTRACT UNLESS YOU WANT THE OPTION TO SELL THE VEHICLE TO THE CREDITOR. EVEN IF YOU SIGN THIS CONTRACT, YOU DO NOT HAVE TO SELL THE VEHICLE UNLESS YOU WANT TO. IF YOU PREFER A CONTRACT UNDER WHICH YOU ARE SCHEDULED TO PAY WHAT YOU OWE IN PAYMENTS WHICH ARE ALL SUBSTANTIALLY EQUAL IN AMOUNT, YOU MAY CHOOSE A FINANCING PLAN OF THAT TYPE. NOTICE TO THE BUYER —DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE CONTRACT YOU SIGN. UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULj.. AMOUNT DUE AND UNDER CERTAIN CONDITIONS SAVE A PORTION OF THE FINANCE CHARGE. KEEP T t$a CON ACT TO PROTECT YOUR LEGAL RIGHTS. You signed this contract and ecel d a cop i V. 15 1994 Co- Buyersahhbthe`r VnbtS -2k& -156 A riWorson iolsrUsponsibloforpayin oentiro obt.Anolhero e isaporso hosonameisonlho title lolhe vehicle but does not have to pay the debt. The co -buy r other o nor knows that the Credit r has a s �ur'I) forest in to ohiclea senls t the sec ' interest. Other owner signs here Addro CroditorSigns LOWRY - CHEVROLET, INC. By ill The Selle r Intends to assign this contract to Gongfal Motors Acceptance Corporation (GM C) al:P . 0 B 660208 , TX. 75 0208 Address When you receive notice of assignment, you agree to make payments to GMAC at the above S. To contact General Motors Acceptance Corporation about this account cail__2l_1i —1i3 7=5-0_00 _. This contract is sub in whole or in part to Texas law which is enforced by the Consumer Credit Commissioner, 2601 N. Lamar Blvd., Austin, Texas 70705 -4207. P iono (512) 479 -1205 or ( 536.1579. Contact tiro commissioner relative to any inquiries or complaints. If Sailor obtained this vehicle from General Motors Corporation (GM) on instalment credit terms, Seller assigns its interest in this contract to GM under ilia forms of 3M Instalment Sales Finance Plan Torms of Substilulion and Assignment agreement. Otherwise, Sailor assigns its interest in this contract to General Motors /plane Corporation (GMAC) under ilia terms of ilia GMAC Retail Plan agreement. Assigned with recourse Assigned without recourse or with limited recourse �r01&Y G)1RQLTT„INC V. P. Seller By Tills Sailor By Title Z109 AD -FR -TX 8 -93 (For use in the Slate of Texas) (1 of 4) Notice: See Other Side ORIGINAL 74 Mayor Shelton declared the public hearing open for the Emergency — Communications Division Grievance Appeal, and called Ms. Jane E. Bishkin, Attorney for the grievance to come forward. Ms. Bishkin came forward stating that she represents the grievance in this matter, and said she did not know how familiar the Council is with the facts of the case and said she would go over the facts of the grievance. She said that she did represents the employees of the Emergency Communication Division of the Police Department, and presented the facts as follows: "There is an individual by the name of Pam Smith, a seventeen year employee of the City of Paris. During her career she had move from one Division to another. At one time she was with The Communication division, she voluntarily transferred out, she came back and at that time at one of these times apparently she stay quite a time, I don't have the dates with me, I can't confirm that. When she transferred back she lost her seniority that she had accrued at the time she was at the Communications Division. The basis of this grievance is 10 employees in the Communications Division at the present time Ms. Smith transferred out of the Communications Division, requested a transfer back. At that time when she transferred back she was able to retain seniority of 9 1/2 years. The employees of the Communications Division brings this grievance to you. They have gone through the proper procedures and they submitted the grievance to the Chief of Police, Karl Louis, who denied their greivance on the basis of the City's Personnel policies. Section 9.2 - A person who was laid off, including a former temporary employee separated upon completion of duties, may be routinely recalled to work at any time provided the person remains qualified to perform the duties of the position. An employee paid off and subsequently recalled to work will return with the seniority possessed at the time of layoff. Mr. Karl Louis, Chief of Police basically used that provision to deny the grievance. The employees then appealed that to the Finance, or Personnel Director, Gene Anderson who ruled in their favor siding that there is no policy in regard to non -civil service employees. The provision that Mr. . v��. . .. ...+ r..+wn +.t1•.!IMYTrMrs.iN�ww... Louis, Chief Louis, had referred was sworn personnel, civil service employees. The employees of the Communications Division are none -civil service employees, and on that basis, Mr. Anderson in the act of any written policy regard non -sworn employees determined that Ms. Smith should not retain her seniority. Mr. Louis apparently, or someone at that point, I'm sorry, I'm not sure who, appealed that to the City Manager, Mike Malone, and on the basis of the same Chapter 9, Section 2, of the Paris Personnel Policies the Police Department Policy denied the grievance again, so we are here in front of you today for you to consider the grievance and facts on this particular situation. The employees would like for you, the City Council, to consider their grievance on the issue. Ms. Smith transferred back to Communications Division and she was eligible to keep her seniority, and she is working there at this time, and if you would like to hear from the employees of the Communication Division, they are here, present here tonight. They can tell you that employee moral in this situation has gone down simply because Ms. Smith when she came back to the Communications Division held seniority over everyone but one employee who is currently in the Communications Division, in other words, nine of the employees have been bypassed by Ms. Smith, in other words, their promotion, their opportunity for promotion has been knocked down a slot because of the transfer of Ms. Smith to the Communications Division. The employees of the grievance would like for you to consider that the transferring back of Ms. Smith to the communications division with her seniority violates or in case of first impressions apparently restoring her senior seniority rights in this particular instance has never been done before. Anytime an employee including Ms. Smith in the past transferred out of this division and came back has lost her seniority. In every other instance prior past record the employee has lost their seniority. It is only in this instance which is the subject of the grievance that an employee is allow to restore that right. The grievance would like you to know that Chapter 9, Section 2 does not apply in this situation because that section which I read to you earlier requires that the employee be qualified to come back to that position that they were in, and in this instance Karl Louis, Chief of Police, said so in his letter of denial that Ms. Smith needed to be returned so therefore, this section does not apply. Without this section there is was no policy on this matter. Without policy you must go past practice in transfers, and as I told you before there has been no situation in the past or in the policy which allows for seniority when they transfer back. The only difference in this instance than any other instance is that Ms. Smith came back to this department, or this division because she was required by her previous employment was phased out or eliminated, so she was given the choice to come back. That is really no difference in the situation a few years prior to that when she was working as a records clerk and had to move out of that position and was given a choice of where to go, she came back to the Communications Division and lost her seniority. We would ask that in this situation that you look at the fairness of this position, and consider the employees who are there who have been working in the Communications Division for the past ten years, some of them have been for seventeen years. They should be allow to keep their seniority, not be knocked down a notch because someone else comes in after being gone for in excess of six years , so we would like for you to consider the 72U circumstance of the case, and also consider the employee moral that has gone on since Ms . Smith has come back. That is all I have to say on the matter. If you would like to hear from some of the employees that are here for your convenience, if you would not, we ask that you consider the case, look at the situation, look at the fact that the employees are, in all fairness to Ms. Smith who would like to keep her seniority and keep her longevity in the department, no one wants to take that away from her, all they want is to have their fair chance to promotion like anyone else who has worked five of ten years in the same department. Thank you ". Mayor Shelton called for comments from City Manager Malone. "It is a difficult situation any time that we attempt to reorganize any of the City departments. As you know, we attempt to be fair with all our employees and ever instance, and it is a difficult situation when you are downsizing, and as you know in this budget we did downsize two departments of the City. We will be eliminating the Community Development Department, it will be combined with the City Engineering Department, and in this process there were two positions that were eliminated. The dispatcher that these grievance are complaining about was one of them, occupied one of the positions, she was a secretary in the Engineering Department. I continued at that time the policy which was a long standing policy with the City of Paris that permits our employees to have the opportunity to move around and move up within the organization, or have the first opportunity to fill any position which happen to be vacant at that time we had a number of positions that were vacant, and we allowed these two persons to make application for the position they thought would maintain them employment, and be as close to the existing position that they had as possible. Ms. Smith choose to apply for a position that was open in the dispatch division, Emergency Communication Division at the Police Department, she made application, she was found to be qualified by the staff of the Police Department as recommended by them through the Chief to me, I hired Ms. Smith as a dispatcher in the Police Department; of course, there upon many times we hire an employee even though they may have had many years of experience it is always updated training as any of these dispatchers can tell you they frequently are updated in training, so there is training going on all time within the Police Department, and in that division. The Chief of Police assigned Ms. Smith seniority which was equal to her previous experience as a City of Paris Dispatcher which was approximately 9 112 years which has been mentioned. There was some question as to whether Ms. Smith was due more seniority if she was a 17 year employee of the City of Paris. This seniority system is an informal system that is used in that dispatcher division of the Police Department, it does not contradict the over all personnel policies of the City of Paris it has been created within that division of the Police Department and it is a form of a system. As the Attorney for the grievance has mentioned that seniority system is merrily used for such thing as determining who has the days off vacations election preferences on shift selections and that sort of things. Upon assignment of Ms. Smith to the dispatcher division and the assignment with 9 1/2 years of informal seniority, that in effect established the policy that dispatchers with earned seniority would retain the same in 727 the event they are reassigned to the dispatcher division after moving to another area of City employment. This of course is done by the Chief of Police under Chapter 1, Section 6 which relates to departmental rules which states that department heads may establishes rules and policies which applies to their departments as long as they are not in conflict with established City rules and policies, and so, therefore, the very action of the Chief assigning her and recognizing 9 112 years informal seniority system that did in fact establish that as a system. The other dispatchers at that time made grievance to the Chief of Police about his decision, and he responded to him them that he saw no reason to change that decision, that was his decision, they then appealed to the Personnel Director, the Personnel Director found it difficult to go back and review past practices over the course of many years. It was stated that in his opinion that he issued that in absent of a specific City or departmental policy that Ms. Smith's seniority should be based on past actions, and felt that she should not receive credit for the prior service, but in the same document he indicated that that decision he was making did not abridge the Chief's right under Chapter 1, Section 6 to establish departmental rules, and the Chief did have the authority to establish a new policy, and of course, along with that right that is stated in the personnel policy, he has the policy to amend an existing policy if one in fact did exist. At that point the Chief of Police made an appeal to me and I reviews all the pertinent fact, heard all the pertinent facts regarding the matter, and it was my determination, I believe you have a letter enclosed which I, a memo which I sent to the Chief, I determined that indeed the Chief had the authority to establish or amend these policies as long as it didn't conflict with the City's Personnel Policies, and that in fact he had established that policy by his actions, and where upon the dispatcher folks are bring this matter to the City Council. I read to you my memorandums to the Chief of Police dated September 6th. "I have reviewed the seniority issue of Pam Smith in the Emergency Communications Division. There is not a policy in the Personnel Policy which directly relates to this issue. Also there is not a department policy in place at the Police Department. Since there is no established policy in place regarding the seniority of a person reentering a position in a department of the City, it was a matter of first impression when the appointment of Pam Smith to dispatcher retaining her previous earned seniority prevails. The Communication Division of the Police Department was established by the Police Chief's appointment of Pam Smith with retained previously earned seniority. Also, we allow an employee to regain their seniority if they are laid off and then rehired (Chapter 9, Section 2). Since we allow laid off employees to regain seniority, the common sense approach would also allow employees not laid off to regain seniority if they move back into a position previously held. CONCLUSION: Pam Smith regains her previously earned seniority of nine years and seven months as a Dispatchers." I think as a society and certainly as a City, we need to recognize the rights of the individual. It is often difficult to balance the rights of one individual against another, or against a group of other individuals. The Chief has made some other transfer decisions within his department, we have had within the Police Department itself, not going into detail about other departments, but within the Police Department there are those who have maintained seniority in their rank when they returned such as two individuals that had been assigned to the Drug Task Force and returned to the department. An individual that was assigned to the Police Athletic League and returned, and we had a dispatcher who made a move to the Record Division of the department and her seniority, or longevity with the City was recognized in that we placed in the highest step of the grade for that particular position happened to be a lower classified position, so there are president in the other direction as far as recognizing the employment seniority system, but I believe that my decision regarding this matter should be affirmed, that Ms. Smith is certainly entitled to her 9 112 year seniority, and possibly she could make a case that she is entitled to more under that employment system, but I think that the clearest thing in this matter is that the Chief does have the authority under our policy and as a practical matter to set departmental policies that do not conflict with the overall City Policy. That would be my recommendation to the Council to affirm the decision that the Chief and I made ". Susan Wells, 420 21st N. E., and I have been with the Police Department for five years. Ms. Well said in reference to going to records, "it was my understanding that, I may be wrong, it is my understanding that she went to the Chief of Police and asked hi to go in with her on the seniority in records. It was my understanding that she was told no; therefore, she went in as the bottom person in records. I do not feel this is fair simply because there are those that works long hours, weekends and nights pulling all the shifts, it just does not seem right, then some one comes back that has not been there and not even experienced as we are, it just does not seem right. I worked my shifts and worked my way up, and now I'm being knocked back down by someone coming from City Hall. She had left two other times and came back. One other point that I would like to make is when the grievance went to Mr. Malone, and he said he would consider all the facts. No one in dispatch has ever talked to anyone, he hasn't made contact with anyone to get our opinion on this ". Karl Louis, Chief of Police stated " the Attorney representing the grievance employees made a statement that every prior instances of the department when personnel has returned avoid seniority rights. That may have happened before I was Chief, but since I was Chief that has not happened one time. In every case, two officers of suspension, of course they are civil service, came in also Joel Chipman, Terry Wolf she was a dispatcher, and she asked if she could go back to records with her full seniority accrued with the City, and I said no that's true just like Pam who came back with 17 years with the City, she did not get the total accrued, she got time allotted to that position, the same thing I did with Terry, she went back in dispatch to records, I gave her seniority that she accrued in records, so I try to be as far as I can with every move. I know it is a difficult decision for everyone, but the statement was just not a correct statement, but since I have been Chief, I have never pull anybody back and taken away their seniority right, I do not believe in that, whether is be civil service or non -civil service. I believe in protectinq the individual rights and seniority that they have accrued. I know it is a bad situation for everybody concerned really, I can't see taking a 17 year employee with 9 112 years as a dispatcher starting off as if she has never been here. That is the bottom line ". No one else appeared, and Mayor Shelton declared the public hearing closed. City Manager Malone called for consideration of and action on emergency dispatchers grievance. A motion was made by Councilman Clifford affirming the City Manager's decision regarding the dispatchers grievance. The motion was seconded by Councilman Fulbright, and carried 5 ayes, 0 nays. City Attorney reported that the continuing matter of the Runke lease request, he now has a letter from Dr. Runke, and he says that he does not want the lease that was previously approved by the City and offered to him, and requested Airport access from the gate between the Airport property and adjoining private property, and he is requesting a reply to this request. City Attorney Haynes also reported that Robert Allen's paid a substantial portion of their personal property tax, they are now back open and they have entered into an agreement to make a substantial payment monthly towards their ad valorium taxes. As you know, the Federal Government is involved in this matter, and all the usually and customary tax collection rights are not available. City Attorney Haynes said he would like to report and correct some previous information regarding Martin Luther King, Jr. right -of -way. City Attorney Haynes said we have a total of 18 parcels in our project between 6th Street and North Main Street. The City currently owns 9 of the 18 parcels. The railroad right -of -way which contains two tracts is a matter that will probably be finished as the last item of the group. City Attorney said we have tax suites on five of the tracts where we expect to procure title through tax foreclosure and bidding in the property, and then we have two that are occupied, and we are, and have been for over a year or more about the business of relocating the occupants. Our chosen method of relocation is to give them the opportunity to pick from City owned property a site that they choose, or a tax delinquent piece of property that they would like to have. City Manager Malone gave the Council a map that represents three projects which have been, or will be funded in part with the Texas 730 Community Program Grant. The maximum is $250,000.00 per project. Phase One we had a project which we have completed which was the repaving and concrete of a portion of Fitzhugh Avenue near the Booker T. Washington Homes, which was a grant amount of $250,00.00 with City matching funds of $87,030.00 with a total cost of $337,730.00. City Manager said this summer the City has been working on Phase Two which is also in the neighborhood adjacent to Booker T. Washington area with a grant of $250,000.00 and inhouse engineering and administrative — functions at a cost of $36,395.00, other City cash in the amount of $13,605.00 for a total estimated project cost of $300,000.00, and as you know, the leverage by which we gained this grant money was through a court case that was filed some years ago in Clarksville Texas, Young vs Kemp which has become Young vs Cisneros, and the Department of Housing and Urban Development is trying to improve the neighborhoods associated with some of these public housing areas in order to gain a settlement of this case in Federal Court. In the Summer of 1995 we have a grant that has been approved in the amount of $250,000.00 with the City participating in engineering and cash, and that total project will be $361,063.00, we also believe that in the summer of 1996 we hope to have a grant approved in the amount of $272,000.00 with a total project cost of $340,000.00. City Manager Malone said these projects all relate to drainage, there is improvement to the streets in the area by installation of curb and gutter and improvements to other parts of the drainage system, and then we take existing streets and bring it in and tie in to newly poured curb and gutter. At this time City Manager Malone showed the Council a vedio of these improvements and other. There being no further businesWSH yetinJo d. ON, OR, CITY OF PARIS ATTEST: 4AWIE CUNNINGHAM, CIT CLER 731 MINUTES OF THE PLANNING AND ZONING COMMISSION NOVEMBER 7, 1994 The Planning and Zoning Commission of the City of Paris met Monday, November 7, 1994 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Reeves Hayter - Chairman 4. Louis Yates, Jr. 2. Nadine Ausbie 5. Joel McCray 3. Marshall Rent, Jr. 6. Curtis Fendley Also present were Earl Smith, City Engineer and Joe McCollum, Director of Community Development. Chairman Hayter called the meeting to order and the minutes of October 3, 1994 were approved as presented. Chairman Hay-ter declared the public hearing open on the petition of Jim Bell for a change in zoning from a Multi - Family District No. 1 (MF -1) to an Office District:(0) on Lots 4 and 5, City Block 119 located at 322 and 328 S.W. 4th Street. Mr. Bell was present and stated he represented Mr. Innerarity, owner of the building presently housing the Texas Department of Human Services Office. He said that the Bonham Street offices had been closed and if the State retains some of those jobs in Paris, the office on 4th S.W. and Sherman would have to be enlarged. He withdrew the request for zoning on Lot 4, City Block 119 at the request of D.R. Burks the owner. He said that he had a contract to buy Lot 5, City Block 119 subject to the zoning change. Mrs. Carlton Grant, 415 S.W. 5th Street said she was not opposed to the zoning change but requested that storm water from the property be turned away from her lot as it has caused considerable damage over the years. No one else spoke and the public hearing was closed. _In discussion Mr. McCollum said he would check out the original site plan to see if existing drainage was in order. Mr. Fendley made a motion to recommend approval of the change in zoning on Lot 4, City Block 119 with the stipulation that surface drainage be directed away from the residents on 5th S.W. Mr. Yates seconded the motion which carried 5 ayes - 1 nay, Mrs. Ausbie voted nay. The Replat of Lot 11, City Block 316 was recommended for approval on a motion by Mr. Fendley, seconded by Mr. Yates, subject to the requirements in City Engineer's Memorandum dated November 7, 1994, marked Exhibit A and attached hereto. The motion carried 6 ayes, 0 nays. 732 Chairman Hay-ter was excused from discussion on the next item on a motion by Mr. Fendley, seconded by Mrs. Ausbie. The motion carried 5 ayes, 0 nays. The Final Plat of Oak Creek, Phase 5 was recommended for approval on a motion by Mr. Yates, seconded by Mr. McCray subject to the requirements in City Engineer's Memorandum dated November 7, 1994 marked Exhibit B and attached hereto. The motion carried 5 ayes, 0 nays. Mr. Hayter was called back to the meeting on a motion by Mr. Fendley, seconded by Mr. Yates which carried 5 ayes - 0 nays. The Final Plat of Colonial Park Estates, Phase 2 was recommended for approval on a motion by Mr. Fendley, seconded by Mr. Kent, subject to the requirements in City Engineer's Memorandum dated November 7, 1994 marked Exhibit C and attached hereto. The motion carried 6 ayes - 0 nays. There being no further business to consider, the meeting was adjourned. 0)e N. McCollum Secretary ex officio ^ 733 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL December 8, 1994 The City Council of the City of Paris met in regular session, Thursday, December 8, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Millie Ingram McDonald, Wayne Brown, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. Joe McCollum, Director of Community Development, presented the minutes of the Planning and Zoning Commission's meeting held December 5, 1994, and attached hereto as a part of these minutes as Exhibit A. Mayor Shelton declared the public hearing open to consider the petition of Robert J. Johns for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Two Family Dwelling District (2F) on Lots 3, 4, and 5, Block B, Ridgecrest Addition located on the east side of 26th N. E. approximately 450 feet north of Cherry Street. Mayor Shelton called for proponents to appear, and Jill Johns, 577 Tanglewood, appeared before the Council requesting that this item be table, that they would like to present it at a later time. Mayor Shelton closed the public hearing. A motion was made by Councilman Fulbright, seconded by Councilman Brown to table the public hearing on the petition of Robert J. Johns for a change in zoning from a One Family Dwelling District No. 2 to a Two Family Dwelling District on Lots 3, 4, and 5, Block B, Ridgecrest Addition, and to also table Agenda Item No. 4, authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Two Family Dwelling District (2F) on Lots 3, 4, and 5, Block B, Ridgecrest Addition located on the east side of 26th N. E. approximately 450 feet north of Cherry Street. The motion carried 5 ayes, 0 nays. Mayor Shelton declared the public hearing open to consider the petition of Alpha Lake, LTD for a Site Plan amendment in a Planned Development - Shopping Center District (PD -a) on a 27.155 acre tract of land located on the southwest corner of Lamar Avenue and Loop 286. Mayor Shelton called for proponents to appear, and Dewayne Raper, representing Alpha Lake, LTD, appeared before the Council telling them that they need 28,000 thousand square feet for the addition to Belk's Department Store in the shopping center. Mayor Shelton called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Brown, seconded by Councilman Jenkins authorizing the preparation of and ordinance amending Zoning Ordinance No. 1710 providing for Site Plan amendment in a Planned Development - 734 Shopping Center District (PD -a) on a 27.155 acre tract of land located on the southwest corner of Lamar Avenue and Loop 286. Tile motion carried 5 ayes, 0 nays. Mayor Shelton declared the public hearing open to consider a change in zoning from a Commercial District (C) and S ecific Use Permit - Billboard Sign (52) to a Commercial District �C) on Lot 1F -A, City Block 306 located on the southeast corner of N. Main Street and Stone Avenue. City Manager Malone advised the Council that the Planning and Zoning Commission had tabled the public hearing until the January meeting. A motion was made by Councilwoman McDonald, seconded by Councilman Fulbright to table the petition until the January meeting, and to table Agenda Item No. 8, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Commercial District (C) and Specific Use Permit - Billboard Sign (52) to a Commercial District (C) on Lot 1F -A, City Block 306, and to leave Agenda Item No. 9, continuation of public hearing on the petition of Alice Sterling for a change in zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit - Billboard Sign (52) on Lot 1F -B, City Block 306 on the table, and to also leave Agenda Item 10, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit - Billboard Sign (52) on Lot 1F -B, City Block 306 on the table. The motion carried 5 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Final Plat of Lot 23, City Block 296. A motion was made by Councilman Fulbright, seconded by Councilwoman McDonald for approval of the Final Plat of Lot 23, City Block 296 subject to the requirements of the City Engineer. The motion carried 5 ayes, 0 nays. Resolution No. 94 -149, resolving that an application be made to the Office of the Governor, Criminal Justice Division for a Juvenile Justice and Delinquency Prevention Act grant in the approximate amount of $70,000.00 being 50% of the estimated cost of the Juvenile Justice and Delinquency Prevention Program, with the City of Paris providing 50% in matching funds and in -kind services, was presented. Karl Louis, Police Chief, was present, and explained that the City has an opportunity to apply for a grant up to $100,000.00 for the purpose of obtaining two Police Department Resource Officers to work in the school system. Mr. Louis said that he spoke with the person in the Public Relations Committee earlier this week, and will be speaking to the Board of Trustees Monday about this. Mr. Louis said it takes the support of the City and the School District. The approximate cost of our grant would be $70,000.00, and tiie City has to match that grant in -kind service or cash, dollar for dollar match. Mr. Louis approximate that right now we have about $40,000.00 worth of in -kind contributions which will leave a balance of $30,000.00 to be shared between the City and School District, and hope that we will be able to obtain two police officers full time with a cost of $15,000.00. Mr. Louis said these officers would be working with the School System on crime prevention education, working with Crime Stoppers, assist the D.E.A.R. Program, promote safety, and many other things. After further discussion, a motion was made by Councilman Brown, seconded by Councilman Fulbright for approval of the resolution. The motion carried 5 ayes, 0 nays. 1 RESOLUTION NO. 94 -149 WHEREAS, the Office of the Governor, Criminal Justice Division, provides funding for Juvenile Justice and Delinquency Prevention Act grants; and, WHEREAS the City Council of the City of Paris is desirous of processing a grant application for the Juvenile Justice and Delinquency Prevention Act grant, at an approximate total cost of $140,000.00, with 50 % to be provided by grant and 50 % to be provided by the City of Paris in the form of matching funds and in -kind services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Office of the Governor, Criminal Justice Division, for a Juvenile Justice and Delinquency Prevention Act grant in the approximate amount of $70,000.00, being 50% of the estimated cost of the Juvenile Justice and Delinquency Prevention Program, with the City of Paris providing 50% in matching funds and in -kind services. 2. That Michael E. Malone, City Manager of the City of Paris, be, and he is hereby, appointed as the Authorized Official of said project and is authorized and directed to execute on behalf of the City of Paris the application for grant in the form attached hereto as Exhibit A. 3. That Karl Louis, be, and he is hereby, appointed as Project Director and is hereby authorized to execute and deliver on behalf of the City of Paris all reports, communications, assurances and documents necessary for the completion of said project. 4. That W. E. Anderson, Director of Finance, be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of the Juvenile Justice and Delinquency Prevention Program. PASSED AND ADOPTED this 8th day of December, 1994. ATTEST: Mattie Cunningham, City Clerk APPROVED AS /TO FORM: J_ T. K. H ynes, City Attorney 1J R/,A 9v' IG CRIMINAL JUSTICE D I I S I O N Office of the Governor, State of Texas Ann W. Richards, Governor Adan Munoz, Jr., Director Criminal Justice Division EXHIBIT A \ t �7 APPLICATION FOR STATE OR FEDERAL ASSISTANCE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION 1. For CJD Use Only 3. a. Date Submitted b. Applicant Identifier 2. FederaUSlate Program Classification (For CJD Use Only), 4. a. Dale Received by Stale/COG b. Stale Application Identifier 5. Applicant Information a. Legal Name: c. Organizational Unit b. Address (give street or P. O. Box, city, state, and zip code) d. Name, telephone, and fax number of the person to be contacted concerning this application (give area code). 6.—State Payee Identification Number 7. Type of Applicant ( enter the appropriate fetter in box ) A. Slnle H. Independent School Dialrid 8. County 1. Stale Controlled Inslilullon d Higher Leaming C. Municipal J. Private University D. Township K Indian Tribe 8. Type of Application: ❑ New ❑ Continuation E. Inlerslale L. Individual F. Inlermunicipal M. Pdivate Nonprofit Corporation G. Special District N. Other (specify): 9. Name of Grantor Agency: If continuation, enter year of funding Office of the Governor, Criminal Justice Division P. O. Box 12428 10. If Application for Federal Funds: AusUn, Texas 78711 Check Catalog of Federal Domestic Assistance Number. (only one) • 18.540— Juvenile Justice & Delinquency Prevention Act 11. Geographic Areas of Project Activities (Cities and Counties) • 113.575 -- Victims of Crime Act • 16.579 —Texas Narcotics Control Program a 16.580 —High Intensity Drug Trafficking Program 12. Title of Project: 13. Proposed Project: a. Start Date: b. Ending Cale: 14. If Application for State Funds: ............ ....... ............ ..................................................................................................................................................................................................................................................... a. Check appropriate fund: (only ens) b. If 421 Fund, check priority: (only one) c. Check One: O 421 Fund ❑ C.J. Planning ❑ Law Enforcement Training ❑ Juvenile ❑ Crime Stoppers Assistance Fund O Other Fund ❑ Violent Crime ❑ Drugs ❑ Gangs ❑ Victims ❑ NonAuvenile 15. Requested Funding: 16. Is application subject to review by state executive order 12372 process? a. Federal Grant $ •00 Funds (CJD) ❑ YES, this application was provided to the Texas Review and Comment System .................................... ............................... (TRACS) for review on b. Stale Grant $ .00 Funds (CJD) (date) ❑ Program Is not covered by E. O. 12372 c. Cash Match $ .00 ........................... . ........ .......... _ ........... .. .......... _....................................... ❑ Program has not been selected by state for review d.ln -IUnd $ •00 17. Is the applicant delinquent on any federal debt? (vOCA a reds v Only) .......... ....XL....................$---- e. TOTAL .........................-......... ........- ...........- .......... ; .00 ❑ YES If "Yes" attach an expianaUon O NO 18. To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply, with the attached assurances if the assistance is awarded, r a. Typed Name of Authorized Official b. Title c. Telephone Number d. Signature of Authorized Official e. Date Signed fT? 1 Tcairri 10 /9J 738 PROJECT SUMMARY This section must include a brief description (not exceeding one page) of the proposed project. You must use at least a 10 or 12 pitch or point type. CTD-Z T,-.1P.4 10101 r 73�9 BUDGET INFORMATION Section A— Budget Summary L S Amount Source Amount I h (1) (2) (3) (4) " e Budget Categories I e � CJD Funds Cash Match In -Kind Match Total i (For VOCA and Me V e Use Only) 1. A. Personnel (Salaries) $ $ $ $ 2. A. Personnel (Fringe Benefits) s. B. Contractual 4, c. Travel s. D. Equipment s. E. Reserved for Future Use 7. F. Supplies & Direct Operating Expenses s. Total Direct Charges (Sum of I-T) 9. G. Indirect Costs 10. Totals $ $ $ $ (Sum of 8-9) 11. Program Income $ Section B --Cash Match" Enter separately each source of matching funds and the amounts. Total must agree with ine 10 Column 2 above, Section C— Program Income Total must agree with Line 11, Column 4 above. Source Amount Source Amount ' Applicant must disclose the source of cash match if any. 1wied 10/94 7 4 Office of the Governor Criminal Justice Division SCHEDULE A PERSONNEL 1. Direct Salaries 2. Fringe Benefits (1) (2) (3) ... Title or. Position' .:.=r:• ` -;: • % of Time CJD Funds Cash Match TOTAL' (A) FICA & Medicare $ $ $ (B) Retirement (C) Insurance (Life & Health) (D) Workers' Compensation (E) Unemployment Insurance (F) Other (Explain) (G) (H) TOTAL Fringe Benefits $ $ TOTAL Direct Salaries S S S 2. Fringe Benefits ' Include only one position per line. Attach a description of the duties or responsibilities of each position. 2 Express as a percent of total time. (40 hours per week) 3. Should reflect employee's gross salary attributable to the project. If applying for continuation funding, justify any salary increase tha' is more than five percent over the previous year. CYD4 icrnrri IAMA % or $ Rate FICA & Medicare $ $ S Retirement Insurance (Life & Health) Workers' Compensation Unemployment Insurance Other (Explain) TOTAL Fringe Benefits $ $ $ TOTALPERSONNELBUDGET $ $ $ ' Include only one position per line. Attach a description of the duties or responsibilities of each position. 2 Express as a percent of total time. (40 hours per week) 3. Should reflect employee's gross salary attributable to the project. If applying for continuation funding, justify any salary increase tha' is more than five percent over the previous year. CYD4 icrnrri IAMA 741 Office of the Governor Criminal Justice Division SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES REQUIRED BUDGET NARRATIVE: Briefly describe and justify any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, etc.) should be described by type of service, numberof hours, rate perhour, and travel costs, if any. Use additional pages as needed. r, imicd 10/94 (�) (2) (3) = Descriptiom'of-Servico ' CJD Funds Cash Match TOTAL (A) S $ $ (B) (C) (D) (E) (F) , (G) (H) TOTAL PROFESSIONAL AND CONTRACTUAL SERVICES S S S REQUIRED BUDGET NARRATIVE: Briefly describe and justify any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, etc.) should be described by type of service, numberof hours, rate perhour, and travel costs, if any. Use additional pages as needed. r, imicd 10/94 742 Office of the Govemor Criminal Justice Division SCHEDULE C TRAVEL/TRAINING 1. Local Travel 2. In -State Travel (Specify clearly and use continuation pages if necessary) Purpose (t) (2) (3) Title or Position Miles Traveled Annually /$Rate CJD Funds Cash Match TOTAL (A) $ $ $ (B) _. (C) OUT -OF -STATE TOTAL $ $ $ (D) IN -STATE TRAVEL TOTAL $ S S (E) (F) (G) (H) LOCAL TRAVEL TOTAL S S S 2. In -State Travel (Specify clearly and use continuation pages if necessary) Purpose Destination CJD Funds Cash Match TOTAL S S S OUT -OF -STATE TOTAL $ $ $ IN -STATE TRAVEL TOTAL $ S S 3. Out -of -State Travel (Specify clearly and use continuation pages if necessary) Purpose Destination CJD Funds Cash Match TOTAL $ S S OUT -OF -STATE TOTAL $ $ $ TOTAL TRAVEL BUDGET S S S NOTE: When personally owned vehicles are used for travel, transportation costs are shown on Schedule C. When agency or leased vehicles are used, the vehicle operation /maintenance costs should be shown on Schedule F, "Supplies and Direct Operating Expenses." Tuition for training courses should be listed as supplies in Schedule F. Crn_6 kqiMt 10194 Office of the Governor Criminal Justice Division SCHEDULE C (Continued) REQUIRED BUDGET NARRATIVE: Briefly describe the applicant's travel policy (i.e. mileage rates and per diem rates). Specify purposes for each item of travel. Breakout costs of each in -state and each out - of -state trip to separately show the specific costs of transportation and of per diem. f.TTI -7 r......,.a tnMI 744 Office of the Governor Criminal Justice Division SCHEDULE D EQUIPMENT PURCHASES REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item. Provide justification and explanation of use. Use additional pages as needed. SCHEDULE E Reserved for Future Use I- m 0 (1) (2) (3) Equipment Name or Description and Quantity .(Do. Not List Brand Names) CJD Funds Cash Match TOTAL (A) $ $ $ (B) (C) (D) (E) (F) (G) (H) TOTAL EQUIPMENT PURCHASES $ $ REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item. Provide justification and explanation of use. Use additional pages as needed. SCHEDULE E Reserved for Future Use I- m 0 l45 _ Office of the Governor Criminal Justice Division SCHEDULE F SUPPLIES AND DIRECT OPERATING EXPENSES REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item and justifica- tion for requesting each item. Use additional pages as needed. rm n T - .....I ,n in 4 (2) (3) Directly Charged Supplies and Other Operating, Expenses CJD Funds Cash Match TOTAL (A) $ $ $ (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES $ $ $ REQUIRED BUDGET NARRATIVE: Describe the basis for arriving at the cost of each line item and justifica- tion for requesting each item. Use additional pages as needed. rm n T - .....I ,n in 4 746 Office of the Govemor Criminal Justice Division SCHEDULE G INDIRECT COSTS REQUIRED NARRATIVE: If Method (A) is used, specify the rate and attach a copy of the document by which the current cost allocation plan was approved. NOTE: Indirect Costs are authorized In an amount not to exceed the computation table located In Section 2 of the Grant Application and Administration Guidelines, or as authorized by the applicants approved cost allocation plan. (1) (2) (3) " 'Indirect Costs CJD Funds Cash Match TOTAL (A) Indirect Costs Per Approved Cost Allocation Plan $ $ $ (B) Indirect Costs Per CJD Computation Table $ $ $ REQUIRED NARRATIVE: If Method (A) is used, specify the rate and attach a copy of the document by which the current cost allocation plan was approved. NOTE: Indirect Costs are authorized In an amount not to exceed the computation table located In Section 2 of the Grant Application and Administration Guidelines, or as authorized by the applicants approved cost allocation plan. 747 Program Narrative Narrative is limited to one page per section. Text must be 10 or 12 pitch or point type. 1. Problem Statement r, r C.TTI-T 1 748 2. Proposed Project Actvities or 749 3. Evaluation Design r CJD-13 Issued 10/94 750 4. Statistical and Baseline Data 1 f m 1 1 C 751 PART V ASSURANCES The Applicant hereby assures and certifies compliance with all statutes, regulations, policies, guidelines and requirements including OMB Circulars No. A -21, A -122, A -128, A -110, A -102, and A -87, as they relate to the application, acceptance and use of federal/state funds for this federally or state- assisted project. Also the Applicant assures and certifies that: It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (P. L. 88 -352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal Financial assistance and will immediately lake any measures necessary to effectuate this agreement. 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 20004) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment prac- tices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. 4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91 -646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 5. It will campy with the minimum wage and maximum hours provisions of the Feral Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 6. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have (amity, business, or other ties. 7. It will give the sponsoring agency or the Comptroller General through any authorized representative the access to and the right to examine all records, books, papers, or documents related to the grant. 8. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. Historic Preservation Officer on the conduct of investigations, as neces- sary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all require- ments established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 12. it will comply with the Uniform Grant and Contract Managements Stan- dards (UGCMS) developed under the directive of the Uniform Grant and Contract Management Act, Chapter 183, Texas Government Code. 13. It, if a county, has taken or will take all action necessary to provide the Texas Department of Criminal Justice and the Department of Public Safety any criminal history records maintained by the county in the manner specified for the purposes of those departments. 14. In the event a federal or stale court or federal or state administrative agency makes a finding of discrimination after a due process hearing, on the ground of race, color, religion, national origin, sex, age, or disability against the project, the recipient will forward a copy of the finding to the Criminal Justice Division (CJD) and the Office of Civil Rights, Office of Justice Programs. 15. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropri- ate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M 7100. 1; and all other applicable federal taws, orders, circulars, or regulations. 16. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Proce- dure; Part 20, Criminal Justice information Systems; Part 22, Confidentl- ality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equai Employment Opportunity Policies and Proce- dures; part 61, procedures for implementing the National Environmental Policy Act; Part 63, Floodplain Management and Welland protection Procedures; and federal laws or regulations applicable to Federal Assis- tance Programs. 9. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed 17 on the Environmental Protections Agency s (EPA) list of Violating Facili- ties and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities Indicating that a facility to be used in the project is under consideration for listing by the EPA. 10. It will comply with the flood insurance purchase requirements of § 102 (a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stal. 975, approved December 31, 1976. Section 102 (a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood haz- ards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty. Insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or Indirect Federal assistance. 11. It will assist the Federal grantor agency in its compliance with § 106 of the National Historic Preservation Act of 1966 as amended (16 U. S. C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 ( 16 U. S. C. 469a -1 et seq.) by (a) consulting with the State It will comply, and all its contractors will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (as appropriate); True VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A. Tile II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D ,E, and G; and the Depart- ment of Justice regulations on disability discrimination, 26 CFR Part 35 and Part 39. 18. it will provide an Equal Opportunity Program if required to maintain one, where the application is for $500,000 or more. 19. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97348) dated October 19, 1982 (16 USC 3501 et seq.), which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 20. It will comply with the provisions of the Hatch Act which limit the political activity of employees of a stale or local unit of government whose principal employment is in connection with an activity financed in whole or in part by federal grants. (5 USC 1501, et seq.) CJD-15 issued 10/94 DESIGNATION OF GRANT OFFICIALS CJD rules require that three persons be designated to the positions of Authorized Official, Project Director, — and Financial Officer for the purposes of administering a grant. The Project Director and the Financial Officer may not be the same person but, under extenuating circumstances, one person may otherwise fill two positions. In accordance with the criteria and definition of responsibilities set forth in the Grant Application and Administration Guidelines governing submission of this application, the following designations are made: APPLICANT: PROJECT TITLE: ❑ Mr. O Ms. Project Director (Type or Print) Title and Agency Organization's Address (Street or P. O. Box) City Zip Telephone Number Fax Number ❑Mr. ❑Ms. ❑ Mr. ❑Ms. Financial Officer (Type or Print) Title and Agency Organization's Address (Street or P. O. Box) — City Zip Telephone Number Fax Number Authorized Official (Type or Print) Title and Agency Organization's Address (Street or P. O. Box) City Zip Telephone Number Fax Number r 753 Report of Federal Awards Indicate the amount of each federal grant award for the current fiscal year and the estimated amount of federal awards for the next fiscal year for the grantee agency. Source of Federal Funds Amount — Current Fiscal Year Amount —Next Fiscal Year TOTAL C.TT) -17 r�� r rnni 754, City Attorney Haynes presented the following petitions for rezoning: Fred Kahler, approximately 7.5 acres of land which is divided into three separate parcels of 3.5 acres, 2.5 acres, and 1.5 acres. The subject property is a part of an 18.846 acre tract located on the N. E. Loop 286 between the Paris Orthopedic Clinic and 34th Street N. E. change from Agricultural District to Commercial District; Shelley Field, located on the corner of 12th S. E. and Sherman Street, from Two Family Dwelling District to Office District. Mayor Shelton referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting January 3, 1995, and before the City Council January 5, 1995. There being no further business, the mee g wa r ed at 6:20 P. M. DON SHELTON, %4AYOR, CITY OF PARIS ATTEST: MAT IE UNNINGHAM, CM CLERK 755 MINUTES OF THE PLANNING AND ZONING COMMISSION DECEMBER 5, 1994 The Planning and Zoning Commission of the City of Paris met Monday, December 5, 1994 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Reeves Hayter - Chairman 5. Richard Hunt 2. Nadine Ausbie 6. Marshall Rent, Jr. 3. John Mark Davis 7. Joe E. McCarthy 4. Curtis Fendley 8. Louis Yates, Jr. Earl Smith, City Engineer was also present. Chairman Hay-ter called the meeting to order and the minutes of November 7, 1994 were approved as presented. Chairman Hay-ter declared the Public Hearing open on the petition of Robert J. Johns for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Two Family Dwelling District No. 2 (2F) on Lots 3, 4, and 5, Block B, Ridgecrest Addition located on the east side of 26th N.E. approximately 450 feet north of Cherry Street. Mr. Robert J. Johns appeared on behalf of the petition for the duplexes and told the Commission of his plans. Terry Efaw, 625 S.E. 26th, Carolyn Peek 530 N.E. 26th and Bobby Earls, 526 N.E. 26th all spoke in opposition to the zoning change stating the duplexes would not be good for the area because they would de -value the existing property. No one else spoke and the public hearing was closed. A motion was made by Joe McCarthy, seconded by Nadine Ausbie, to recommend denial of the change. The motion carried 6 ayes, 2 nays. Chairman Hay-ter declared the Public Hearing open on the petition of Alpha Lake, LTD. for a Site Plan amendment in a Planned Development - Shopping Center District (PD -a) on a 27.155 acre tract of land located on the southwest corner of Lamar Avenue and Loop 286. Dewayne Raper spoke representing the owner. He briefly explained the scope of the project. Nadine Ausbie questioned the status of the taxes. There was discussion concerning the set back from the Right -of Way. 756 Norm Davis, 3535 Audubon, spoke in opposition stating his concerns about the drainage and erosion. Larry Vail, 830 Sherwood, representing the Pentecostal Church spoke in opposition also concerned about the drainage. No one else spoke and the public hearing was closed. A motion was made by Curtis Fendley, seconded by Joe McCarthy, to recommend approval of the Site Plan subject to the City Engineer's memorandum dated December 5, 1994 marked Exhibit A and attached hereto. Motion carried 8 ayes - 0 nays. Chairman Hayter declared the Public Hearing open on the petition to consider a change in zoning from a Commercial District (C) and Specific Use Permit - Billboard Sign (52) to a Commercial District (C) on Lot 1F -A, City Block 306 located on the southeast corner of N. Main Street and Stone Avenue. No one appeared before the Planning and Zoning in favor or against the petition and Chairman Hayter closed the Public Hearing. A motion was made by John Davis, and seconded by Marshall Rent, Jr. to table the petition until the following month. Motion carried 8 ayes - 0 nays. Chairman Hayter declared the Public Hearing open on the petition of Alice Sterling for a change in zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit - Billboard Sign (52) on Lot if -B, City Block 306 located at 2870 N. Main Street. A motion was made by John Davis, and seconded by Marshall Rent, Jr. to table the petition until the following month. Motion carried 8 ayes - 0 nays. The Final Plat of Lot 23, City Block 206 was recommended for approval on a motion by Nadine Ausbie, seconded by John Davis subject to the City Engineer's memorandum dated December 5, 1994 marked Exhibit B and attached hereto. Motion carried 8 ayes - 0 nays. There being no further business to consider, the meeting was adjou ed. Earl E. Smith City Engineer 757 M E M O R A N D U M TO: Mayor and City Council Planning and Zoning Commission FROM: Earl E. Smith, P.E., City Engineer DATE: December 5, 1994 SUBJECT: Site Plan - Mirabeau Shopping Center (Belk- Fashion Bug) I have reviewed the site plan of the property referenced above. It appears that the plan complies with the City of Paris regulations with the following exceptions and /or additions: 1. Submit detailed drawings and obtain required permits I recommend approval of the site plan assuming completion of the above items. EES:sr cc: Michael E. Malone, City Manager T. K. Haynes, City Attorney Paul Mayeux Architects, Inc. Sing rely, 5L_�K_ Earl E. Smith, P.E. City Engineer z4lez'elll- /� *7 58 M E M 0 R A N D Q M TO Mayor and City Council Planning and Zoning Commission FROM: Earl E. Smith, P.E., City Engineer DATE: December 5, 1994 SUBJECT: Final Plat - Lot 23, City Block 296 I have reviewed the final plat of property referenced above. It appears that the plat complies with the City of Paris regulations with the following exceptions and /or additions: I. Certify taxes paid 2. Provide appropriate signatures and seals on original drawing 3. Pay filing fees (Cashiers Check or Money Order in the amount of $25.00 made payable to Lamar County Clerk and delivered to the City Engineer's Office) 4. Show finish floor elevation for each lot 5. Provide a water tap and sanitary sewer tap for each lot 6. Construct curb and gutter I recommend approval of the final plat, assuming completion of the above items. EES:sr cc: Michael E. Malone, City Manager T.R. Haynes, City Attorney Nelson Surveying Co. Mark Cunningham Jimmie Hodges James Shattuck Sing ely, rl E. Smith, P.E. City Engineer ,�51' ,,�i e i i 759 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL December 12, 1994 The City Council of the City of Paris met in regular session, Monday, December 12, 1994, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Invocation was given by Captain Hughes, Minister of the Salvation Army. Mayor Shelton asked if there were any correction to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards and commissions with minutes from the Paris Public Library Advisor Board, Airport Advisory Board, and Swimming Pool Committee, with no action being required. Councilman Eric Clifford reported that the Swimming Pool Committee met and discussed some options. Councilman Clifford said they were looking at these options and would have another meeting in January, may be they would have some positive recommendations for the Council in January. City Manager called for consideration of and action on permits for aeronautical activities at Cox Field Airport as follows: Jim Wrenn John Gann Stephens Ag Air, Inc. Maintenance Air Frame Maintenance Power plant Maintenance Air Frame Maintenance Power Plant Agricultural Operations J R Aviation Sale of Aviation Petroleum Products Pilot Training Aircraft Rental A motion was made by Councilman Clifford, seconded by Councilman Bell for approval of the above aeronautical permits at Cox Field Airport. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 94 -050 AN ORDINANCE AMENDING ZONING ORDINANCE NUMBER 91 -023 AND 2254, WHICH AMENDED ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, BY REVISING SECTION 2 OF SAID ORDINANCE; PROVIDING FOR THE APPROVAL OF AN AMENDED SITE PLAN CONDITIONED UPON THE SUBMISSION OF DETAILED DRAWINGS AND THE OBTAINING OF REQUIRED PERMITS; REAPPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1, 1995 760 was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Jenkins for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of ammunition for the Paris Police Department, and the following bids were presented: Black Hills Ammunition, Inc. Ultramax Ammunition Company $5,955.80 $5,742.00 A motion was made by Councilman Brown, seconded by Councilman Fulbright to award the bid to Ultramax Ammunition Company in the amount of $5,742.00. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of portable radios for the Paris Police Department, and the following bids were presented: Airwaves Communications, Inc. $8,012.00 With Standard Battery Charger Airwaves Communications, Inc. $8,566.00 With One Hour Rapid Battery Charger Inter - County Communications, Inc. $9,840.00 With Rapid Rate Charger United Mobile Network $6,459.00 A motion was made by Councilman Fulbright, seconded by Councilman Clifford to award the bid to Airwaves Communications, Inc. in the amount of $8,566.00 with the one hour rapid battery charger. The motion carried 7 ayes, 0 nays. City Manager Malone called for the tabulations of bids for furnishing and delivery of mail fold and insertion equipment for the Water Billing Department, and the following bids were presented: EQUIPMENT MAINTENANCE Pitney Bowes #1 Friden Neopost Pitney Bowes #2 Emory Booty Co. Meas Business Products Automated Business Systems Bell & Howell $51,615.00 $853.00 Mo. $18,692.00 $210.00 Mo. $16,313.00 $167.00 Mo. No Bid No Bid No Bid No Bid Gene Anderson, Director of Finance, was present telling the Council it was his recommendation to award the bid to Pitney Bowes in the amount of $16,313.00, that $40,000.00 had been budgeted for the whole package, there will be a printer that goes with the machine. A motion was made by Councilman Bell, seconded by Councilman Fulbright to award the bid to Pitney Bowes in the amount of $16,313.00 with a monthly maintenance of $167.00. The motion carried 7 ayes 0 nays. Resolution No. 94 -150, resolving that the Soup Street Paving Project contract is hereby amended by Change Order No. One and Final providing for a net decrease in contract price of $3,123.85 for a total of $160,152.33 for adjusting bid quantities to "As- Built" quantities, and authorizing and directing on behalf of the City of Paris to execute said Change Order No. One and Final, and further resolve that the City of Paris contribute $20,000.00 to the total construction price of $160,152.33 and directing the Director of Finance, W. E. Anderson to pay to Paris Economic Development Corporation $20,000.00, was presented. A motion was made by Councilman Clifford, seconded by Councilman Bell for approval of the resolution, The motion carried 7 ayes, 0 nays. s [i�irl RESOLUTION NO. 94 -150 WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 94 -044, award the contract for SOUP STREET Paving Project to STEPHENS AND SONS CONCRETE CONTRACTORS on behalf of the Paris Economic Development Corporation; and, WIIEREAS, the City Engineer, Earl Smith, acting as project engineer of said project recommends the amendment of said contract by Change Order No. One and Final attached hereto as Exhibit "A ", which provides for a net decrease i,, contract price of $3,123.85 for a total of $160,152.33 for adjusting bid quantities to "AS- BUILT" quantities, which amount, less the $20,000.00 contribution requested from the City of Paris, is within the total allocation authorized by the Paris Economic Development Corporation, and such form should be approved, and the Mayor should be authorized to execute the same; WIIEREAS, it is appropriate that the City's contribution in the amount of $20,000.00 be authorized; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the SOUP STREET Paving Project, contract is hereby amended by Change Order No. One and Final attached hereto as Exhibit "A ", providing for a net decrease in contract price of $3,123.85 for a total of $160,152.33 for adjusting bid quantities to "AS- BUILT" quantities, which is in all things approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby authorized and directed on behalf of the City of Paris to execute said Change Order No. One and Final. BE IT FURTHER RESOLVED, that the City of Paris contribution of $20,000.00 to the total construction price of $160,152.33, be, and the same is hereby authorized and that the Director of Finance, W. E. Anderson, be, and lie is hereby authorized and directed to pay to Paris Economic Development Corporation $20,000.00. PASSED AND ADOPTED this 12th day of December, 1994. ATTEST: Mattie Cunningham, City lerk APPROVED AS TO FORM: T. K. Haynes ity Attorney i;,, S XX Don Shel on, ayor 763 CIIICINGIi'iJkin"iC (instructions on reverse side) No—One & final r. PROJECT: Soup Street Paving Project DATE OF ISSUANCE: C , OWNER: City of Paris :n. (Name, P.O. Box 9037 Address) Paris, Texas 75461 -3097 CONTRAC'T'OR: Stephens & Sons Concrete OWNER's Project No. 40.23A Contractors, Paris, Texas ENGINEER: City Engineer CONTRACT FOR: ! City of Paris 3169 Sy 12" Reinforced Concrete Paving and Drives ENGINEL•R's Project No. 40.23A You are directed to make the following changes in the Contract Documents. Description: Adjust Quantities Purpose of Change Order: Adjust BID Quantities to "AS– BUILT" Quantities DEDUCT 82.25 Tons, 3" Flex Base @ 37.98 /Tons = $3,123.85 Attachments: (Lis( documents supporting change) CHANGE IN CONTRACT PRICE: Original Contract Price t 163,276.18 Previous Cliange Orders No. – to No. – 163,276.18 Contract Price prior to this Change Order S 163,276.18 Net Z1YJi&M(decrease) of this Change Order 3,123.85 Contract Price with all approved Change Orders $ 160,152.33 RECOMMENDED: APPROVED: CIJANGE IN CONTRACT TIME: Original Conlract 'Time 120 Days Jays or Jule Net change from previous Change Orders –0– Jays Contract Time Prior to This Change Order 120 Days days or dale Net increase (decrease) of this Change Order –0- duyx Contract Time with all approved Change Orders 120 Days Sept 6, 1994 Jays or Jule APPROVED: by li by nginr° Uwuer by Earl E. Smith, P.E. Don Shelton Mayor cul,lracaur EJCDC No. 1910-8-11 0983 Edition) Y Jerry Stephens 1'repared by 111E Engineers' Joint Conlract Documents (.........: -- .....1 _ .1...,_.11.,, s7.. e.......•: . .1 r• imi _ nrral Contractors or America. Resolution No. 94 -151, assignment of the franchise from McKinley Johnson to Hershel Biglow is approved, and authorizing and directing the Mayor of the City of Paris, Don Shelton to execute on behalf of the City of Paris the Assignment, was presented. Councilman Jenkins, seconded by Councilman Fulb r ghttfor approval of was made by the resolution. The motion carried 7 ayes, 0 nays. 764 RESOLUTION NO. 94 -151 WHEREAS, the City Council of the City of Paris did heretofore in Ordinance No. 93 -002, on the 7th day of January, 1993, grant to McKINLEY JOHNSON, dba PRIDE OF PARIS TAXICAB, a franchise to use the public streets, alleys, and highways of the City of Paris for the purpose of transporting passengers for hire in Motor vehicles for a period of five (5) years, beginning December 14, 1992, and ending December 13, 1997; and, WHEREAS, due to poor health, McKINLEY JOHNSON has sold his taxicab business and is no longer desirous of continuing with said franchise and has requested the City Council of the City of Paris to approve the execution of an assignment of the franchise to HERSHEL BILLOW; and, WHEREAS, the City Council desires to continue the franchise for the taxicab service with HERSHEL BILLOW; NOW, TIERE, FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the assignment of the franchise from McKINLEY JOHNSON to HERSHEL BIGLOW is hereby approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don Shelton, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Assignment in the form of Exhibit A attached hereto. PASSED AND ADOPTED this 12th day of December, 1994. z 00 -C; I &" � - -----7 - Doti Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, ity Attorney 765 ASSIGNMENT OF TAXICAB FRANCHISE STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } THAT McKINLEY JOHNSON, hereinafter called ASSIGNOR, for consideration of the assumption of the ASSIGNOR's obligations under the assumed franchise does hereby bargain, sell and assign to HERSHEL BIGLOW, hereinafter called ASSIGNEE, all my right, deed and interest in and to that certain franchise between McKINLEY JOHNSON and the CITY OF PARIS, dated January 7, 1993. ASSIGNEE will be responsible for all terms and conditions stated in said assumed franchise attached hereto as Exhibit A. IN WITNESS WI1EREOF this assignment is executed on the day of December, 1994. McKINLEY JOHNSON, ASSIGNOR HERSHEL BIGLOW, ASSIGNEE The aforesaid assignment is approved and accepted by the City of Paris, Paris, Texas. Y CITY OF PARIS, PARIS, TEXAS Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney EXHIBIT A r 7ro 6 ORDINANCE NO. 93 -002 AN ORDINANCE GRANTING TO MCKINLEY JOHNSON, DBA PRIDE OF PARIS TAXICAB, A FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE; OF TRANSPORTING PASSENGERS FOR III.I:F. IN MOTOR VEHICLES FOR A PERIOD OF FIVE (5) YEARS, BEGINNtlls: DECEMBER 14, 1992, AND ENDING DECEMBER 13, 1997, UPON -KE TERMS AND CONDITIONS HEREINAFTER PRESCRIL'ED; PROVIDING PIR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A TAX FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR PUBLIC LIABILITY INSURANCE ON TILE MOTOR VEHICLES AND LQUIPMEN "T OF SAID GRANTLU; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFVICIALS OF THL CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. There is hereby granted to McKinley Johnson, dba Pride of Paris Taxicab, hereinafter called grantee, the right, privilege and franchise for a period of five (5) years, beginning December 14, 1992, and ending December 13, 1997, to operate a taxicab service in the City of Paris and on the streets, alleys and public ways within the City Limits of said City for the transportation of passengers for hire. The grantee herein shall maintain the principal office and place of business of said business within the corporate limits of the City of Paris, where the headquarters of said business shall be maintained. Section 2. The right, privilege and grant herein contained shall not be transferred or assigned without the formal action and consent of the City Council of the City of Paris first had and obtained, and any attempted assignment or transfer of said rights and privileges by the grantee herein without first having had and obtained such consent and permission from the City Council of the City of Paris shall operate ipso facto as a termination of the rights, privileges and grant herein contained. Section 3. That the taxicabs operated or maintained under said franchise shall be used for the purpose of transportation of passengers and the personal luggage of such passengers. Section 4. That all automobiles or vehicles used in connection. with this taxicab service shall be operated in accordance with the laws of the State of Texas and ordinances of the City of Paris, and such future amendments thereof, or either of them, relating to or regulating the operation of motor vehicles upon streets or highways. Section 5. The City of Paris, in granting this franchise, fully retrains and reserves all the rights, privileges and immunities that it now has under the law to fully patrol and police the streets, alleys and public ways within the City, and the granting of this franchise shall in no way interfere with the rights of the City of Paris to fully use said streets, alleys and public ways for any other public utility, nor shall this franchise in any way interfere with the improvement or maintenance of any other streets, alleys and public ways, and the rights of the grantee herein to use said streets shall at all times be EXHIBIT A r r 707 subservient to the right of the City Council of the City of Paris to fully exercise its rights or control over said streets, alleys and public ways. Section 6. The grantee shall, during the life of this franchise, pay to the City of Paris at the office of the City Clerk in lawful money of the United States, a sum equal to $50.00 per vehicle used in the operation of said taxicab business, which remittance shall be made annually on or before the 100 day of December each year. The payments stipulated and provided in this section shall be in lieu of any other Lax or assessment or charge by the City of Paris which may now or may hereafter be in force during the term of this franchise, excluding only ad valorem taxes. Any neglect, omission or refusal by the grantee herein to pay such tax when due and specified, shall ipso facto work a forfeiture of this franchise and of all rights hereunder. Section 7. The City of Paris expressly reserves the right to modify, amend, alter, change or eliminate any of the provisions of this franchise, during the life of the same, for the following purposes, to -wit: (1) To eliminate or delete from the same such conditions as then prove obsolete or impractical; (2) To impose such additional conditions upon the grantee as may be just and reasonable, such conditions to be those as may be deemed necessary for the purpose of insuring adequate service to the public. Section S. Notwithstanding what may be said in any — other portion of this instrument with reference to the termination thereof, this right is granted subject to the provisions of Article 1, Section 17 and 26 of the Consti- tution of the State, the applicable state laws, charter provisions and such future laws as may be enacted by the Legislature, or amendments to the Constitution and the Charter of the City of Paris. Furthermore, the City Council of the City of Paris reserves the absolute right upon notice and a hearing, which said notice shall be given to the grantee not less than thirty (30 ) days before such hearing, to absolutely terminate this grant for any violations of the terms and provisions of this ordinance. Section 9. That it shall hereafter be unlawful for the grantee, its officers, agents or employees, operating any automobile for hire within the City of Paris, to cruise. Cruising shall consist of seeking, searching or soliciting employment. while operating an automobile for hire, by repeatedly and persistently driving such automobile for hire to and fro on the public streets of the City of Paris and offering accommodations thereof to prospective passengers, either by signal, word of mouth or by carrying; a sign with the word "Vacant" thereon, or some other word of similar import or otherwise or in any manner whatsoever operating said vehicle upon the public streets of the City of Paris for the purpose of soliciting passengers or driving an automobile for hire upon the public streets while unoccupied by a passenger without having; a fixed destination thereof. Section 10. At all times during the effective period of this franchise grantee shall have procured and kept in. full force and effect policy or policies of public liability insurance, covering each motor vehicle to be operated and operated under this franchise, conditioned that the holder r 76S of the franchise shall well and truly pay directly to every judgment creditor who has been injured through the negligent operation of any such motor vehicle by the grantee or his employees, or whose property has been damaged, any amount or amounts of money LhaL shall have been awarded by final judgment of any court of competent jurisdiction against such grantee on account of any such injury or damage, not exceeding for bodily injury or death to any one person the sum of Twenty Thousand ($20,000.00) Dollars, the sum of Forty Thousand ($40,000.00) Dollars, for all persons injured in any one accident or occasion, and Fifteen Thousand ($15,000.00) Dollars for property damages arising out of any one accident or occasion. Any such policy of insurance shall further provide that each such cause of action shall, survive in case of death of any injured or damaged person for the benefit of the beneficiary of any such person, and shall further provide that such policy shall be subject to successive recoveries during the time that the same inay continue in effect. Any such policy of insurance shall be issued by insurance underwriters authorized to do business in the State of 'Texas and approved by City. Grantee shall furnish City, by delivering to the City Clerk, a cerLificaLe from the insurance carrier showing such insurance to be in full force and effect during the entire term of this lease, or shall deposit with the City Clerk of Lhe City of Paris, copies of said policies. Said policies or cerLificaLes shall contain a provision that written notice of cancellation or of any material change in said policy by the insurer shall be delivered to the City Clerk of the City of Paris, thirty (30) days in advance of the effective date thereof. Section 11. In the event of the failure of grantee to fully discharge any claim for damages established by final judgmenL of a court of cou►petenL jurisdiction within sixty (60) days after the same has been so established, this franchise shall automatically be forfeited. Section 12. Every Laxicab operated by grantee under this franchise shall aL all Limes have painted or otherwise impressed upon the front doors thereof easily visible signs bearing proper identification of the company operating under such franchise. All such vehicles shall be owned by and registered in the name of grantee, and no other vehicle may be used under this franchise. Each of such vehicles shall be registered with the City Clerk of the City of Paris by motor number, and the City Clerk shall assign for each such respective vehicle in numerical. order, beginning with the Number 1, a number, which number shall a all times be displayed at some convenient location on both sides of the =, Same. Section 13. It shall be the duty of the City Council of the City of Paris to enforce the provisions of this ordinance and all applicable regulations. lie shall also recommend to the City Council of the City of Paris from time to time reasonable rules and regulations, which, when approved by the City Council, shall become binding upon the grantee herein. Among, other Lhings, the City Council shall from Lime to time during; the term of this franchise have the power and authority to promulgate effective regulations concerning the following, Lo -wit: (a) To make reasonable orders respecting, character, extent, quality and standard of service of grantee to be provided under this franchise; 769 (b) To fix such rates for service to the public as are not in conflict- with the express provisions hereof as will provide for grantee a reasonable and fair rate of return upon the fair value of the property used and useable in connection with the rendering of service to Lhc public under this franchise; or passengers, by special trips to and from (c) To make such other rules and regulations as may be reasonably necessary to facilitate adequate service to be rendered to the public under this franchise, any such rules and regulations when adopted to be binding upon the grantee herein. Section 14. Motor vehicles operated by grantee under this franchise shall be known as "public service vehicles" and when not in use in the exercise of the privileges granted herein each of such vehicles shall be stationed or parked at the headquarters of the grantee herein, which headquarters shall be located on private property. Section 15. The word "taxicabs" as used in this ordinance shall mean any passenger vehicle with noL more Chan two seats and a normal capacity not in excess of six persons, which is not operated over a fixed route or routes and which is engaged for the purpose of carrying a passenger or passengers, by special trips to and from specified addresses as designated by any such passenger or passengers. Section 16. That the grantee shall promptly pay all lawful ad valorem taxes, and such other levies and assess- ments, if any, that may be lawfully imposed upon it. Failure to pay any of such charges or either of them shall be deemed a breach of the privilege granted herein and the City, upon the happening of such evenL, may declare the rights of the grantee hereunder forfeited for such breach. Section 17. This grant is made upon the express conditions that the noncxcrcise of the power Lo regulate rates and charges which the grantee may charge to the public in the operation of its business shall never be construed as an acquiescence or recognition of the justness or correct- ness of said grantee's established rate, and Oat so long as the governing body of the City of Paris does not exercise its legislative and governmental power to fix and regulate the rates that the grantee herein shall charge to the public, the question of property values used and useful in the rendering of the service prior Lo rate regulation shall never stop the City from determining the real or actual value of property used or useful in rendering such service. If, and when, the City Council or other governing body shall exercise the power to fix the rates to be charged for such service in.the City of Paris no allowance in the way of said rate shall be made as compensation for any property used or consumed in rendering the service by the grantee herein for such service. If, and when, the City Council. decides to regulate rates, then at such Lime the Council will fully exercise its rate regulatory power under Lhe provisions of law applicable thereto, and the failure to provide under this ordinance the machinery for the administrative, legislature or executive control of such matter shall not preclude the Council from fully exercising that power and providing suitable provisions to enforce such power. Section 18. Should it be determined that any clause, condition, or covenant of this franchise is, for any reason, illegal or unenforceable, such clause, condition or covenant shall be disregarded and the existence of the same shall not affect the remaining clauses, conditions or covenants of this franchise. 770 Section 19. That any unwarranted ar►d intentional neglect, failure or refusal of said grantee to comply with any of the conditions and stipulations contained in said franchise shall thereupon immediately, ipso facto, effect a forfeiture thereof, and the said City, by the City Council, may thereupon declare said franchise forfeited, and may exclude said grantee from further use of the streets of said City under said franchise, and said grantee shall thereupon, and immediately surrender all rights in and to the same, and said franchise shall become null and void and of no effect. Section 20. Within ten (10) days after the passage of this ordinance by the City Council, the grantee herein shall file with the City Clerk, in writing, the acceptance of the terms and provisions of this grant. Section 21. Introduced, read and passed on first reading on December 10, 1992, at a regular meeting of the City Council of the City of Paris; second reading at a regular meeting of the City Council on December 14, 1992; and final reading at a regular meeting of the City Council on January 7, 1993, the same being three separate regular meetings of the City Council of the City of Paris, the last being not less than thirty days from the first. This ordinance shall become effective sixty (60) days from the date of the third and final reading. Passed and adopted on third and final reading this 7th day of January, 1993. By 'eorge 1, fisher, hlayor ATTEST: Mattie Cunningham, City C ere APPROVED AS TO FORM: City Attorney r Resolution No. 94 -152, reappointing J. B. Richey, Tony Daigle, Victor Abeles, Col. James W. Ashmore, Jr., Vic Ressler, and Mark Buster, and appointing Pam Campbell to serve as members of the Airport Advisory Board of the City of Paris for a term of two years, beginning January 1, 1995, was presented. A motion was made by Councilwoman McDonald, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. '71 RESOLUTION NO. 94 -152 WHEREAS, the terms of office of J. B. RICIIEY, TONY DAIGLE, LARRY GREB, VICTOR ABELES, COL. JAMES W. ASHMORE, JR., VIC RESSLER and MARK BUSTER, as members of the Airport. Advisory Board of the City of Paris, expires on Decembcr 31, 1994; and, WIIEREAS, the Mayor of the City of Paris, Don Shelton, does hereby recommend the reappointments of J. B. RICHEY, TONY DAIGLE, VICTOR ABELES, COL. JAMES W. ASI-IMORE, JR., VIC RESSLER and MARK BUSTER, and the appointment of PAM CAMPBELL for a term of two (2) years, beginning January 1, 1995, and ending December 31, 1996; NOW, TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF PARIS, that the reappointments of J. B. RICIIEY, TONY DAIGLE, VICTOR ABELES, COL. JAMES W. ASHMORE, JR., VIC RESSLER and MARK BUS'I'ER, and the appointment of PAM CAMPBELL to serve as members of the Airport Advisory Board of the City of Paris, for a term of two (2) years, beginning January 1, 1995, and ending December 31, 1996, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. PASSED AND ADOPTED this 12th day of December, 1994. 4 &1-6 Don Shelton, Mayor ATTEST: Mattie Cunningham, City CIA APPROVED AS TO FORM: T. K. Haynes, ity Attorney Resolution No. 94 -153, reappointing F. D. Mallory, III, Edith Bills, W. M. Lightfoot, Toni Clem, and Richard Nafe to serve as members of the Zoning Board of Adjustment of the City of Paris for a term of two years beginning January 1, 1995, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. ,L 772 RESOLUTION NO. 94 -153 WIIEREAS, the terms of office of P. D. MALLORY, III, EDITH BILLS, W. M. LIGHTFOOT, TONI CLEM, and RICHARD NAPE, as members of the Zoning Board of Adjustment of the City of Paris, will expire on December 31, 1994; and, WIIEREAS, the Mayor of the City of Paris, Don Shelton, does hereby recommend the reappointments of P. D. MALLORY, III, EDITH BILLS, W. M. LIGHTFOOT, TONI CLEM and RICHARD NAFE, as members of the Zoning Board of Adjustment for a period of two (2) years, beginning January 1, 1995, and ending December 31, 1996; NOW, TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF PARIS, that the reappointments of F. D. MALLORY, I11, EDITH BILLS, W. M. LIGHTFOOT, TONI CLEM and RICHARD NAFE, to serve as members of the Zoning Board of Adjustment of the City of Paris, for a term of two (2) years, beginning January 1, 1995, and ending December 31, 1996, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. PASSED AND ADOPTED this 12th day of December, 1994. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Hayne City Attorney Resolution No. 94 -154, reappointment of Dick Amis to serve as a member of the Civil Service Commission of the City of Paris for a term of three years, beginning January 1, 1995, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. L 773 RESOLUTION NO. 94 -154 WIIEREAS, the term of office of DICK AMiS as a member of the Civil Service Commission of the City of Paris, will expire on December 31, 1994; and, WIIERCAS, the City Manager of the City of Paris, Michael E. Malone, in accordance with the authority granted in Section 143.006 of the Local Government Code, has reappointed DICK AMIS for a term of three (3) years, beginning January 1, 1995, and ending December 31, 1997; and, WIIEREAS, it is right and proper that said appointment be confirmed, NOW, THEREFORE, BE IT RESOLVED BY TIIE CI'T'Y COUNCIL OF THE CI'T'Y OF PARIS, that the reappointment of DICK AMIS to serve as a member of the Civil Service Commission of the City of Paris, for a term of three (3) years, beginning January 1, 1995, and ending December 31, 1997, be, and the same is hereby confirmed by the City Council of the City of Paris. PASSED AND ADOPTED this 12th day of December, 1994. Don Shelton, ay r ATTEST: Mattie Cunningham, City Cl k APPROVED AS TO FORM: T. K. Haynes, City A&orney Resolution No. 94 -155, reappointing Dr. Gordon B. Strom, Jr., Dr. David Brock, Mrs. Robert Norment, Rev. Samuel Evans and Dr. Glenn Dunnington, to serve as members of the Paris Lamar County Board of Health, for a term of two years, beginning January 1, 1995, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution, was presented. The motion carried 7 ayes, 0 nays. 774 RESOLUTION NO. 94 -155 JOINT RESOLUTION NO. — WHEREAS, the terms of office of DR. GORDON I3. STROM, JR., DR. DAVID BROCK, MRS. ROBERT NORMENT, REV. SAMUEL EVANS, and DR. GLENN DUNNINGTON, as members of the Paris -Lamar County Board of Ilealth, will expire on December 31, 1994; and, WHEREAS, the Mayor of the City of Paris, Don Shelton, with the advice of the County Judge of Lamar County, Texas, does hereby recommend the reappointments of DR. GORDON B. STROM, JR., DR. DAVID BROCK, MRS. ROBERT NORMENT, REV. SAMUEL EVANS, and DR. GLENN DUNNINGTON, for a tern of two (2) years, beginning January 1, 1995, and ending December 31, 1996; NOW, TiIEREFORE, BE IT RESOLVED BY TiLE CiTY COUNCIL. OF THE CiTY OF PARIS AND THE COUNTY OF LAMAR, that the reappointments of DR. GORDON B. STROM, JR., DR. DAVID BROCK, MRS. ROBERT NORMENT, REV. SAMUEL EVANS, and DR. GLENN DUNNINGTON, to serve as members of the Paris - Lamar County Board of Health, for a term of two (2) years, beginning January 1, 1995, and ending December 31, 1996, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. PASSED AND ADOPTED this 12th day o December, 1994. Don Shelton, M iyor ATTEST: Manic Cunningham, City Cie APPROVED AS TO FORM: T. K. Haynes, City Attorney APPROVED by the Commissioners Court of Lamar County, Texas, by adoption of the above Resolution on the day of , 1994, as reflected in Book , Page , of the Minutes of said Commissioners Court. Deane A. Loughmiller, County Judge Lamar County, Texas ATTEST: Kathy Poole, County Clerk APPROVED AS TO FORM: Tom Wells, County Attorney 775 Resolution No. 94 -156, reappointing Ann Hutto, Zephaniah Gibson, Ralph Rodgers, Michael R. Rhodes, Richard Amis, and Thomas C. Hensel, and appointing Dr. Gordon B. Strom to serve as members of the Paris Health Facilities Development Corporation of the City of Paris for a term of three years, beginning August 1, 1994, was presented. A motion was made by Councilman Jenkins, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -156 WHEREAS, .the terms of office of Ann I- Iutto, Dr. Lucy F. Fetner, Zephaniah Gibson, Ralph Rodgers, Michael R. Rhodes, Richard Amis and Thomas C. Hensel as members of the PARIS IIEALTII FACILITIES DEVELOPMENT CORPORATION of the City of Paris, did expire July 31, 1994; and, WI-IEREAS, the Mayor of the City of Paris, Don Shelton, does hereby recommend the reappointments of Ann Hutto, Zephaniah Gibson, Ralph Rodgers, Michael R. Rhodes, Richard Amis and Thomas C. Hensel, and the appointment of Dr. Gordon B. Strom for a term of three (3) years, beginning August 1, 1994, and ending July 31, 1997; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF PARIS, that the reappointments of Ann Iiutto, Zephaniah Gibson, Ralph Rodgers, Michael R. Rhodes, Richard Amis and Thomas C. Hensel, and the appointment of Dr. Gordon B. Strom to serve as members of the PARIS IIEALTII FACILITIES DEVELOPMENT CORPORATION of the City of Paris, for a term of three (3) years, beginning August 1, 1994, and ending July 31, 1997, be, and the same are hereby, approved and confirmed by the City Council of the City of Paris. PASSED AND ADOPTED this 12th day of December, 1994. '�a CA Don Shelton, - ATTEST: Mattie Cunningham, City C1 k APPROVED AYTO FORM: T. K. ay es, e4y Attorney ! D V Resolution No. 94 -157, reappointing Reeves Hayter, Mark Davis, and Richard Hunt to serve as members Zoning Commission of the City of Paris, for a beginning January 1, 1995, was presented. A Councilwoman McDonald, seconded by Councilman Bell resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 94 -157 Curtis Fendley, John of the Planning and term of three years motion was made by for approval of the WHEREAS, the terms of office of REEVES HAYTER, CURTIS FENDLEY, JOHN MARK DAVIS and RICHARD HUNT as members of the Planning and Zoning Commission of the City of Paris, will expire on December 31, 1994; and, WHEREAS, the Mayor of the City of Paris, Don Shelton, does hereby recommend the reappointments of REEVES HAYTER, CURTIS FENDLi::Y, JOAN MARK DAMS and RICHARD HUNT for a term of three (3) years, beginning January 1, 1995, and ending December 31, 1997; NOW, TIIL+'REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TILE CITY OF PARIS, that the reappointments of REEVES HAYTER, CURTIS F13NDLEY, JOHN MARK DAVIS and RICHARD HUNT, to serve as members of the Planning and Zoning Commission of the City of Paris, for a term of three (3) years, beginning January 1, 1995, and ending December 31, 1997, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. PASSED AND ADOPTED this 12th day of December, 1994. mo ATTEST: Maple Cunningham, City Cler APPROVED AS TO FORM: 4T. Haynes, Ci y Attorney Resolution No. 94 -158, reappointing Edward D. Ellis to serve as a member of the Traffic Commission of the City of Paris, for a term of three years, beginning January 1, 1995, was presented. A motion was made by Councilman Clifford for approval of the resolution. The motion was seconded by Councilman Fulbright and carried 7 ayes, 0 nays. 777 RESOLUTION NO. 94 -158 WHEREAS, the term of office of EDWARD D. ELLIS as a member of the Traffic Commission of the City of Paris, will expire on December 31, 1994; and, WHEREAS, the Mayor of the City of Paris, Don Slhciton, does hereby recommend the reappointment of EDWARD D. ELLIS for a term of three (3) years, beginning January 1, 1995, and ending December 31, 1997; NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF PARIS, that the reappointment of EDWARD D. ELLIS, to serve as a member of the Traffic Commission of the City of Paris, for a term of three (3) years, beginning January 1, 1995, and ending December 31, 1997, be, and the same is hereby approved and confirmed by the City Council of the City of Paris. PASSED AND ADOPTED this 12th day of December, 1994. Don Shelton, ayo ATTEST: Mattie Cunningham, 4CityyCk APPROVED AS TO FORM: T. K. Haynes, City Attorney Resolution No. 94 -159, authorizing and directing the City Manager, Michael E. Malone, to execute on behalf of the City of Paris the Application for Eligibility with the Federal Surplus Property Program, was presented. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins for approval of the resolution. The motion carried 7 ayes, 0 nays. d RESOLUTION NO. g4 -j 5q WHEREAS, the Texas Surplus Property Agency was abolished by the Texas legislature effective September, 1993, and, since that date, the General Services Commission has operated the Federal Surplus Property Program; and, WHEREAS, the Federal Surplus Property Program is the City's primary source for surplus property; and, WHEREAS, in order to continue participation in the Federal Surplus Property Program, it is necessary for the City of Paris to submit an Application for Eligibility, along with related documents; and, WHEREAS, the forms of the Application for Eligibility and the related documents, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager, Michael E. Malone, should be authorized to execute the same; NOW, TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF PARIS, that the forms of the Application for Eligibility and the related documents, attached hereto as Exhibit A, be, and the same are hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager, Michael E. Malone, be, and lie is hereby, authorized and directed to execute on behalf of the City of Paris the Application for Eligibility and all related documents in the forms shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 12th day of December, 1994. Don Shelton, Ma r ATTEST: Mattie Cunningham, City Clerk APPROVED. ' TO FORM: T. K. I -Iayn , City Attorney l'79 ' V7 GENERAL SERVICES COMMISSION INTER - GOVERNMENTAL PROGRAMS FEDERAL SURPLUS PROPERTY PROGRAM APPLICATION FOR ELIGIBILITY To Receive Federal Surplus Property (41 CFR 101 - 44.207) I. LEGAL NAME & MAILING ADDRESS OF APPLICANT ORGANIZATION: 'Jame of Organization Street Addres s/1- oca lion '.failing Address (P.O. Box ,r. Street. C:tv & State) - ounty I. APPLICANT STATUS (CHECK ONE): - ... ,...� .� - eleonone u — ❑ Public Agency Including Public Schools (evidence must be provided) Fiscal Year Ending Date: El Nonprofit. lax- exempt Organization III. TYPE OR PURPOSE OF ORGANIZATION: �7eoeral Fax 10# (9 Digit Zip Code) ❑ Slats ❑ College or Unmervty, ❑ Child Cars Center ❑ Training Center ❑ '.temcal Institution ❑ County ❑ Secondary School ❑ School for Handreappea ❑ RadxvTV Station ❑ Mosortal ❑ City ❑ Elementary School ❑ School for Retarded ❑ Library, ❑ Heath Center I❑ School distract ❑ Preschool ❑ Museum ❑ Sheltered Workshoo fraininq Programs ❑ Program for Older Indrnduale ❑ Provraer of Assistance to Homeless Individuals ❑ -:mc Cl other (spearv) N. SOURCES OF FUNDING (Attach Supporting Documentation); ❑ Tax Sualtwea ❑ Grant ❑ Contribution ❑ Other (Spec ty) V. HAS THE ORGANIZATION BEEN APPROVED, ACCREDITED, OR LICENSED? (COPY REQUIRED) BY WHAT AUTHORITY? NON - PROFIT ORGANIZATIONS INCLUDING VOLUNTEER FIRE DEPARTMENTS COMPLETE PARTS VI AND VII VI. PROVIDE A WRITTEN DESCRIPTION OF PROGRAM OR SERVICES OFFERED, INCLUDING A DESCRIPTION OF FACILITIES OPERATED (REQUIRED) VII. HAS THE ORGANIZATION BEEN DETERMINED TO BE TAX EXEMPT UNDER SECTION 501 OF THE INTERNAL REVENUE CODE OF 1954: (COPY REQUIRED) VIII. Date Printed Name of Authorizea Official Signature of Authorized Official FOR STATEAGENCY USE ONLY The applicant has been determined ❑ eligible ❑ ineligible as ❑ a public agency. ❑ nonprofit education. Eligibility expires Date FYPIRIT A ❑ nonprofit health Account # Director 780 INSTRUCTIONS FOR COMPLETING THE APPLICATION FOR ELIGIBILITY FORM (,Please type or print in blue or black ink only) SECTION I: Provide the full legal name of your organization on the first line of this section. Provide the mailing address of your organization as recognized by the U.S. Postal Service. Include Zip Code. Provide the street address if different form mailing address. or provide directions if located on a rural route or other remote area. List the county in which the organization is actually located and a business telephone number with area code. SECTION II: Check the appropnate box which describes your organization. (if you are unable to determine which status to check. please contact this office for assistance.) SECTION III: Check the aopropnate box or boxes (check as many as apply) which indicates the type or purpose of your organi- zation. (Definitions have been provided on the reverse side of the application to assist in making this determina- tion. SECTION IV: Check the appropriate box which indicates the organizations sources of funding. Supporting documentation indi- cating the types and amounts of funding must be suomitted with the completed application. SECTION V: Applicants making application as "Nonorofit. tax - exempt organization' are required to submit evidence that the applicant is currentiv approved. accredited. or licensed. Programs for older individuals must include evidence of funding under the Older Americans Act of 1965: Titles IV of XX of the Social Securitv Act: Titles VIII of X of the Economic Development Act of 1964: or the Community Service Block Grant Act. Providers of assistance to home- less individuals must include a letter from the mayor. county judge, or county health officer or comparably authority which certifies that applicant is a "provider of assistance to the homeless'. The Certification must identify the services or assistance oeing provided and the number of individuals receiving such assistance. SECTION V1: A comprehensive written description of all programs or services provided is required. A description of the opera- tional facilities should also be included. Be sure to include information of staff and staff qualifications, hours o' operation services and programs offered, population or enrollment, fees charged etc.. Include samples of pam- phlets. catalogs, brochures or posters. If incorporation with all filing certificates and amendments, and a copy o_ your current By -Laws. SECTION VII: All applicants making application as "Nonprofit, tax - exempt organizations" must provided a copy of the IRS deter- mination letter indicating tax exemption under Section 501 of the I.R.S. Code of 1954. The name of the organiza- tion on this IRS letter must match the name provided in Section I of this application, if not, include sufficient evidence such as amendments to Articles of Incorporation, or Assumed Name filing certificates to establish an "audit trail" of names shoeing the legal connection. SECTION VIII: Annotate date and provide an onginal signature of applicant's Authorized Official (President. Chairman of the Board. County Judge, Mayor, City Manager, Executive Director, Administrator. Fire cnief, or other comparable authorized official.) Photocopies, rubber stamped, machine produced, carbon, or other facsimile type signatures are not acceptable. Also• print the name of authorized official on the line provided. 'TE: INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. USE THIS INSTRUCTION SHEET AS YOUR CHECK LISTTO ASSURETHAT ALL REQUIRED INFORMATION AND DOCUMENTATION IS PROVIDED. IF YOU HAVE A QUESTION OR NEED ASSISTANCE CALL: 512/463-0493,5121463-8902.512/463-5286- 03- 30.0040 MM) 781 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS Federal Executive Order 12549 requires the General Services Commission to screen each Applicant Organization to determine whether the aopucant has a right to obtain financial assistance/property in accordance with federal regulations on debarment. suspension, ineligibility and voluntary exclusion. Each applicant organization/covereci contractor must also screen each of its covered suocontractors. In this certification "- Ontractor" refers to both contractor and subcontractor: "contract" refers to both contract and subcontract. 3v signing and submitting this certification the Applicant Organization accents the followma terms: i. The certification herein below is wmatenal representation of fact upon wnich reliance was olacea wnen this contract was entered into. It it is later determined that the Organization rendered an erroneous conification. in addition to other remedies available to the federal govern- ment. the General Services Commission, the United States General Services Administration or other federal debanment or agency may pur- sue available remedies, including suspension and/or debarment. 2. The Organization shall provide immediate written notice to the Agency to which this cenification is submitted if at any time the Organization learns that the certification was erroneous when submitted or has become erroneous by reason of chanaeo circumstances. 3. The words "covered contract:' "debarred :' "suspended :' " ineligible:' "panicioant :' "person." ";)nncioal :' "proposal :' and "voluntnnty ex- cluded :' as used in this certification have meanings based upon material in the Definitions and Coverage sections of federal rules implement- ing Executive Order 12549. a The Organization agrees by submitting this certification that. should eligibility to acouire orobenv be granted. it shall not knawx►gty enter into any subcontract with a person who is debarred, susoended, declared ineligible. or voluntarily exctudea from partlClbatlon in this covered ' ransaction, unless autnonzea by the General Services Commission. the United States General Services Administration or other federal department agency. The Organization further agrees by submitting this certification that it will include this cenification filled "Certification Regarding Debar - -ant. Suspension. Ineligibility, and Voluntary Exclusion for Covered Contracts" without modification. in au covered subcontracts in solicitation 'or ail covered subcontracts. o. The Organization may rely upon a cenification of a potential subcontractor that is not debarred. suspended. ineligible. or voluntarily exclud- ea from the covered contract. unless it knows that the certification is erroneous. A Organization must, at a minimum obtain cenfficauons from its covered subcontractors upon each subcontract's initiation and upon each renewal. _. Nothing contained in all the foregoing snail be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document. The knowledge and information of a contractor is not required to exceod that which is normally possessed by a prudent person in the ordinary course of business dealings. & Except for contracts authorized under paragraph 4 of these terms, if an Organization in a covered contract knowingly enters Into a covered subcontract with a person who is suspended. debarred. ineligible. or voluntarily excluded from participation in this transaction, in addition :o other remedies available to the federal government, the United Slates General Services Administration. or other federal deoartmefx or agen- cy, as applicable, and/or the General Services Commission may pursue available remedies. including suspension and%or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS YOU MUST CHECK THE BOX WHICH APPLIES TO YOUR ORGANIZATION OR' THIS FORM IS INCOMPLETE: __7 The Applicant Organization certifies, by submission of this certification, that neither it nor ris pnncioals is presently debarred. suspended. pro0osed for debarment. declared ineligible or voluntarily excluded from participation in this contract by any federal deoanmern or agency or by the State of Texas. I The Applicant Organization is unable to certify to one or more of the terms In this cenification, and the Applicant Organtntion must 3nach an explanation for each of the above terms to which he is unable to make certification. Attach the explanation(s) to this ceratic ation. Name of Applicant Organization Date Printed Name of Authonzed Official Signature/Title of Authonzea Official MAIL COMPLETED FORMS TO: GENERAL SERVICES COMM18SION. FEDERAL SURPLUS PROPERTY PROGRAM. PO. BOX 13047, AUSTIN. TX 76711-3647 782 CERTIFICATIONS AND AGREEMENTS CCCUNTd al,THE DONEE CERTIFIES THAT: It is a Dubuc aaencv or a nonprofit institution or organization, exemot from taxation unaer section X01 ci ine internal Revenue Coco at 1954: .y lmn Ina meaning of section 2031j) of the Federal Prooeny ano Aammistralive Services Act oI 1949. as amenaea, anaror ine regulations of the General zervices Administration iGSA) 2) II a ououc aaencv, me orooenv is neeaea ano wilt be usea by the recipient for carrvina out cr cromonno fcr the residents of a given political :-ea one or more ououc ourooses. or ii a nonoronl tax - exempt instituion or organization. !r.e orooenv is neeaea for ana win be uses by ine recipient "_r eoucationaf or ououc neann ourooses, inctuaino researcn for any sucn ouroose. or for oroarams for older inaivicuais. The croberty is not belnd acauirea for any other use or ouroose. or for sale or otner eistrfoution: or for permanent use outstoe the Mate. except wim cnor approval of the :!ate aoency ano GSA. 3) Funas are available to cav ail costs ana criarnes mclaent to donation. ;1 This transaction snail be suoiect to the nonaiscnmination regulations oovernina me conation or suoius cersonal orooenv issuea unaer Title of the Civil Rights Act of 1964. Title V! Section 606 of the Feoerai Prooenv ana Aaministrative services Act of 1949. as amenaeo. ana section :04 of ine renapditation Act of 1973, as amenaea. Title IX of the Education Amenoments of 1972. 3s amenceo. a.-id Section 303 or the Age Oiscnmina- on Act or 1975. cl THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: 1) All items of properly snail be olacea in use for the ourpose(s) for wnicn acauirea wilhin one vear of receipt ana snail be ccntinuea in use for iucn ourooses for one year from the oats the orooenv was ctacea in use. In ine event the crocenv is not so maces in use. or continues in use. •-!e donee snail immeaiateiv notify the State aaencv ana at the aonee s exoonse. return sucn orocterTv to the Slate aSenr.v. fir cinerwise maKe the :rooenv available for transfer Or other OISDOSai by the State aaencv, proviaea the orooenv is still usable as aetermmea by me Slate agency. ,2) Sucn special nanating or use limitations as are imoosea ov General Services Aaminis(ratlon iGSA) on any item(s) or crooenv listed hereon. •3) In me event the orooenv is not usea or nanalea as reowrea by (b)(11 ana t2). :tile ana none to ine cossession of sucn crooeny snail at the :anon of GSA (even to the Urnlea Slates of America ana upon aemana the aonee snail release sucn orooenv to sucn person as GSA or 1-,s cesignee :nail airect. .I THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY.:,PPI_!CABLE -•C ITE`,!S VJITH A UNIT AC- .UISITION CCST CF =5.000 CR MORE AND PASSENGER MOTOR VEHICLES. = ;EGARDLESS CF ACQUISITION CCST EXCEPT VESSELS 50 = =ET CR MORE IN LENGTH AND AIRCRAFT. = OREIGN GIFTS. OR OTHER ITEMS OF PROPERTY gEOUIRING SPECIAL r- ANOLING OR USE _ MITATIONS. REGARDLESS OF THE ACQUISITION COST OR PURPOSE FOR WHICH ACCUIRED: ') The orooenv snail be usea only for the ourooses) for wnich acauirea ana for no o(ner ouroose(s). 21 There snail be a oerioa of restriction wnicn will expire after sucn properly nas been usea for ine ouroosets) for wnicn acowrea for a Derioa :! 18 monlns from the pate Ina orooenv is Diacea In use. 31 In me event the orooenv is not uses as reauirea by (cl(1) ana 121 ana Feoerai restrictions 031(1). (b)(21 ana (f) have exoirea then right to the _ossession of sucn orooenv snail at the option of the Stale agency (even to trio date of Texas ana the aonee snail release sucn orooeny to sucn _erson as ine Stale aaencv snail direct. a) THE DONEE AGREES TO THE FOLLOWING TERMS. RESERVATIONS. AND RESTRICTIONS: )) From ins oats it receives ins oropeny listea hereon ana througn penoa(sl of time the conditions imoosea by It)), (c), ana 11) remain in effect. aonee snail not sell. trace. !ease, fend. calf. cannibalize. encumber, or otherwise dispose of sucn property, or remove it permanently, for use 'siae ins Slate, without the prior approval of GSA unaer (b) ana 1f), or the State agency unaer (c) ana (1). The oroceeas from any sale. trade. lease. an. Datimenl. encumbrance or other disposal of the prODenV, wnen sucn action Is authorizea by GSA or by ine State agency, snail be remised :)romptiy by ine aonee to GSA or the State agency. as the case may be. +2) In Ina event any of the DroDenv listed hereon is sold. traced. leases. loanea, balled, cannfoalizea. encumberea. or otherwise afsDosea of by •fie aonee tram the dale If receives Ina property Ihrougn the Denod(S) Of time the conditions imoosea ov (b), fc) ana (1) remain In effect. wilnout ,nor approval of GSA or the State agency. the aonee. at the option of GSA or the Stale aaencv snail cav to GSA or the Slate aaencv, as the case '-lay be. me oroceeas or the disposal or the fair ma(Kel value or ire fair rental value or the orooenv at the time of sucn cisoosal. as aetermmea :v GSA or ine State aaencv. 3) If at any time, from the pate it receives the orooenv through the Denoa(s) of time ire conalfions imoosea by (bl. (c) ana if) remain in effect. ;nv of ine orooenv listea nereon is no longer suitable, usable. or further neeaea by Ire aonee for ine purposes) for wnicn acauirea. the aonee ;nail promptly notify the State aaencv. ana snail. as afreclea by the Slate agency, return ine orocerry to the Slate aaencv. release the D(DpenV 10 ;notner aonee or another State aaencv, a aeoanment or agency of the Unitea Slates. set! or otnerwise dispose of the prope, e. The oroceeas from any sale snail be remitted promptly by ine aonee to the Slate agency. 41 The aonee snail maKe reports to the State agency on the use, condition. and location of the orooenv listea nereon. ano on other penment -clatters as may be recutiea from time to time by the State agency. 51 At the ootlon of the State agency, the aonee may abrogate the Slate conditions set forth in (c) ana the State terms. reservations. and restnclions enment thereto in (a) by payment of any amount as determines by the State aaencv. e) THE DONEE AGREES TO THE FOLLOWING CONDITIONS. APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: 11 The orooeny acauirea by ins donee Is on an "as is. wnere is' basis, without warranty of any Kina. ana the Government of the United States :r America. !ne Mate of Texas. ;-s aoenctes or aSSians. ana emotovees thereof will be nela harmless from any or ail eems. - ,3odities. luoqments. :zsts. cemanas. suits. actions. cr claims or any nature ansina from or incident to the donation or the orooenv. its use. of ❑naf alspositfon. ,2) Where a aonee carries Insurance against damages to or loss of property aue to fire or otner nazaras ana wnere foss of or carnage to donated : (=env with unexwea [arms. conditions, reservations or restrictions Occurs. GSA or ins Stale agency. as the case may be. wiii be entitled to relm- 3ursement from the cones out of the Insurance D(oceeas. Of any amount equal to the unamorlizea portion of the lair marKel vatue of the damaged 7r aestrovea donated items. () THE DONEE AGREES TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND -SSELS (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF 55.000 OR MORE. AND FOREIGN GIFTS OR OTHER ITEMS nROPERTY REQUIRING SPECIAL HANDLING OR USE LIMITATIONS. REGARDLESS OF THE ACQUISTION COST OR THE PURPOSE FOR RICH ACQUIRED: 1) The aonatfon snail be subject to the additional special terms, conditions. reservations. ano restnctions set forth In the Conaitlonal Transfer Docu- •nent or other agreement executes by the authorized donee representative. ,g) THE DONEE CERTIFIES that neither it nor its principles are presently debarred. susbenaea. onODosea for debarment. declared Ineligible. or voluntarily excluded from paniciDation in this transaction by any Federal department or agency pursuant to Executive Order 12549 and 34 CFR Pan 35. Sec. 85510 1h) THE DONEE UNDERSTANDS that by execution of this document, it is considered a subrectaient of federal financial assistance pursuant to the Single Auait Act of 1984 ana funner agrees to prwiae the Slate agency with a copy of the audit reauirea by OMB Circular A -128 or A -133 as applicable. IAME OF ORGANIZATION (DONEE) PRINTED NAME OF AUTHORIZED OFFICIAL DATE 783 Account # GENERAL SERVICES COMMISSION INTER - GOVERNMENTAL PROGRAMS FEDERAL SURPLUS PROPERTY PROGRAM NONDISCRIMINATION ASSURANCE LEGAL NAME & MAILING ADDRESS OF APPLICANT ORGANIZATION: Name of Organization Street AddressiLocauon Mailing Address (P. O. Box n, Street. City & State) (9 digit Zlp Code) I 1 County Telepnone # , the donee, (Name of Organization) agrees that the program for or In connection with which any property is donated to the donee will be conducted in compliance with, and the donee will comply with and will require any other per- son (any legal entity) who througn contractual or other arrangements with the donee Is authorized to provide services or benefits under said program to comply with all requirements Imposed by or pursuant to the regulations of the General Services Administration (41 C.F.R. 101 -6.2 and 101 -8) issued under the provisions of Title VI of the Civil Rights Act of 1964, as amended, section 606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, section 504 of the Rehabilitation Act of 1973, as amended. Title IX of the Education Amendments of 1972. as amended, section 303 of the Age Discrimination Act cf 1975. and the Civil Right Restoration Act of 1987, to the end that no person in the United States shall on the ground of race. color. national origin, sex, or age, or that no otherwise qualified handicapped person shall solely by reason of the handicap, be excluded from participation in, be denied benefits of, or be supjected to discrimination under any program or activity for which the donee received Federal assistance from the General Services Administration: and hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement. The donee further agrees (1) that this agreement shall be subject In all respects to the orovlslons of said Federal statutes and regulations (2) that this agreement obligates the donee for the period during which it retains ownership or possession of the property, (3) that the United States snall have the right to seek judicial enforcement of this agreement, and (4) that this agreement shall be binding upon any successor to Interest of the donee and the word "donee' as used herein In- cludes any such successor in interest. (Date) (Printed Name of Authonzed Official) (Signature of Authorized Official) M All rnMP1 FTFn rnPKA z TT c nrn A- . i­ 784 DEFINITIONS Hospital - An approved or accredited puolic or nonprofit institution providing public health services pnmaniy for Inoatient medical w surgical care of the sick and injured, inclulding related facilities such as laboratories. outpatient department. training facilities, ano staff offices. Library - A public or nonprofit facility providing library services free to all residents of a community. etstrtct. State or region Licensed - Recognition and approval by the appropriate State or local authority approving institutions or oroarams in spectaliz- ea areas. Licensing generally relaies to established minimum public standards of safety, sanitation. staffing, ;nd equipment as they relate to the construction ialntenance, and operat.on of a health or educational facility, rather than to the academic. •nstrucnon. or educational or puL.Ic health programs sucr. as occupational training, physical or mental health rehabilitation services. or nursing care. Licenses frequently must be renewed at periodic intervals. Local Government - A government. or administration c-, a locality, within a State or a possession of the United Slates. Medical Institution - An approved, accredited, or licen -d public or nonprofit institution. facility, entity, or organization the onmary function of watch is the furnishing of puolic health and medical services to the public at large or promoting public nearth through the conduct or research for any such purposes. experiments. training, or demonstrations retateo to cause, preven- tion, and methods of diagnosis and treatment of disoases and injuries. The term includes but Is not limped to hospitals. clinics. alcoholic and drug aause treatment centers. public health or treatment centers. research and health centers. geriatric centers. laboratories. medical schools, dental schools, nursing schools. and similar Institutions. The term does not include Institutions onmanty endagea in domiciliary care although a separate medical facility within such as domiciliary Institution may qualify as a 'medical Institution." Museum - A public or onvate nonprofit institution wntcn Is oraantzea on a permanent basis essentially for educational or esthetic --urooses and which. using a processional staff, owns or uses tanatole ootects, wnether animate or Inanimate: cares for these Jolects: and exhibits them to the puolic on a reaular oasis eltner free or at a nominal charge. As used In the Donation Program. 'he term 'museum' includes, but Is not limited to. the following Institutions If they satisfy all other provisions of FPMR 101 - 44.207: aouartums and zoological parrcs: botanical gardens and aooretums: museums relating to an. history, natural history. science. and tecnnology; and planetariums. For the purposes of this program. an Institution uses a professional start If It employs full :.me at least one qualified staff memoer who devotes nts or ner time onmanty to the acautsrtton. care. or puolic exnlbrtion of oolects owned or used by the Institution. This definition of museum goes not Include any Institution which exntbits objects to the puolic if the display or use of the objects Is only incidental to the primary function of the Institution. For example, an Institu- tion which is engaged primarily in the sale of antiques. objets d' art, or other artifacts and which Incidentally provides displays to the public of animate or inanimate objects, either free or at a nominal charge, does not qualify as a museum. Nonprofit Tax - Exempt Activity - An institution or organization, no part of the net earnings of which inures or may lawfully Inure to the benefit of any private shareholder or individual, and which has been held to be tax exempt under the provisions of section 501 of the Interanl Revenue Code of 1954. Program for Older Individuals - Any State or local government agency or any nonprofit, tax - exempt activity which receives funds appropriated for programs for older Individuals under the Older Americans Act of 1965, as amended, under title IV or !Isle XX of the Social Security Act, or under titles VIII and X of the Economic Opportunity Act of 1964 and the Community Ser- vices Block Grant Act. Provider of Assistance to Homeless Individuals - A public or a nonprofit, tax - exempt institution or organization that operates a program which provides assistance such as food, shelter, or other services to homeless Individuals. as defined above. Pro- perty acquired through the donation program by such institutions or organizations must be used exclusively In their program(s) for providing assistance to homeless individuals. Public Health Institution - An approved, accredited. or licensed public or nonprofit institution, facility, entity, or organization conducting a public health program or program such as hospital, clinic. health center, or medical institution. Including research for any such program, the services of which are available to the public at large. School (except schools for the mentally retarded and schools for the physically handicapped) - A puolic or nonprofit ap- proved or accredited organizational entity devoted primarily to approved academic, vocational, or professional study and In- struction which operates primarily for educational purposes on a full -time basis for a minimum school year and employs a full -time staff of qualified instructors. School for the Mentally Retarded - A facility or institution operated primarily to provide specialized instruction to students of limited mental capacity. It must be public or nonprofit and must operate on a full -time basis for the equivalent of a minimum scnooi vear prescribed for public school instruction of the mentally retarded, have a staff of qualified instructors. and demonstrate that the facility meets the health and safety standards of the State or local govermental body. School for the Physically Handicapped - A school organized primarily to provido specialized instruction to students whose physical handicaps necessitate Individual or group Instruction. The schools must be public or nonprofit and operate on a full - time basis for the equivalent of a minimum school year prescribed for public school instruction for the physically handicapped. have a staff of qualified instructors, and demonstrate that the facility meets the health and safety standards of the State or local governmental body. University - A public or nonprofit approved or accredited institution for instruction and study in the higher branches of learning and empowered to confer in special departments or colleges. os-1oawaa lawf 785 Account# GENERAL SERVICES COMMISSION INTER - GOVERNMENTAL PROGRAMS FEDERAL SURPLUS PROPERTY PROGRAM AUTHORIZED REPRESENTATIVES I LEGAL NAME & MAILING ADDRESS OF APPLICANT ORGANIZATION: .Vame of Ofganizaaon Sheer Addfvss Wading Addfess (P.O. Bar v. Street C,N d Srarel (9 Dlgtt Zia Code! .:ounry eleonone THE FOLLOWING REPRESENTATIVES ARE DESIGNATED TO: A. Represent Donee Organization as is its authorized agent. ano a 4couire Federal surplus orooerty on behad of the Donee Organization: and C. Obligate necessary Donee Organization funds for this purpose: and D. Execute Distribution Documents binding the Donee Organization to the terms. conditions. reservations. and restnctions appt rng to Property obtained through the agency. NEW DESIGNATIONS OR ADDITIONAL DESIGNATIONS ONLY (Delete all pfmvrous authonzaaonl /Add to orwrous aurhorrzadonl IV. REPRESENTATIVES: Name idle Telopnone Signaavre V. CERTIFICATION (Donee affirms that names are current/correct). Dees r„_ (8f DEFINITIONS APPROVED - Recognition and approval ov the State aeDanmeni or eaucatton. Mate aeoanment of neaitn. or other aooroonate autnorfty wnere no recognized accrediting ooara. association. or other autnoritv exists tar ins ouroose of maKing an accreolta- :ton. r'Jr an eaucauonai insutution or an educational Program. approval must relate to academic or instructional standards astaotlsnea by the aoproonate authority. An educational institution or program may as considered aoprovea if its instruction and creolts therefor are accosted by three accredited or Stat"Dproyed institutions. or if it meets the academic cr instruction stanciaros orescnoed for puolic scnools in the state: f.e-, the organizational entity or program is aevoteo onmaniv to aoprovea academic. vocational (incfuaing tecnnical or occupational), or professional study and instruction wnlcn operates onmaniv for educational purooses on a full -time oasis for a minimum scnool year as prescribed by the State and emmovs a full -time . irf or qualified instructors. For a public health institution or program, approval must relate to the medical reoulremenis and : an- caras for the professional and technical services of the institution establisneo by the approonate autnonty. A healtn institution or program may oe constaerea as approved when a State body having authority under law to establish standards and reauirements for ouoitc neatth institutions renders approval thereto wnether by accreditation procedures or ov iicensina cr sucn otner method prescnoea by State law. In the absence of an official State approving autnonty for a pumic health institution or orogram or educational institution or program, the awarding of researcn grants to the institution or croanlzation by a recognizea authonty sucn as the National Instate of Health, the National Institute of Education, or by similar national aovisory counciis or organiza- 'ions may constitute approval of the institution or ----ram pmvldea ail other critena are met. Accredited - Approved by a recognized accreottin rd or assocation. at a regional. slats or national level sucn as a State -oars of eaucatton or neatth: the American Hospital ,association: a regional or national accreoitlna association for universities. :mieoes. or seconaary scnoots: or anctner recognizea accreatting assxtatton. Adult Oav Care - A orogram of services oroviaea unaer neatth leaoersnio in an amoulatory care sertlna for aaulls who ao -of recuire 24 hour institutional care and vet, cue to onvsicat ana/Or mental impairment. are not caoaole of full -time maeoen- -ent iivina. Panictoants in the oav care program are referred to the program ov inefr artenaina pnvsician or cv some other appropriate sauce sucn an an institutional discharge planning program, a weiiare agency, etc. The essential elements or a ;av care program are directed toward meeting the health maintenance and restorative needs of panlcioants. However. there are socialization elements in the program wntcn, ov overcoming the isolation so often associated with tilness in the aged and ::isaoleo. are considered vital for the purpose of fostering and maintaining ins maximum oosslole state of heaitn and well-being. Child Care Center - A ouDlic or nonprofit facility wnere educational. social, health, and nutntlonal services are orovided to cnlldren tnrougn age 14 or as prescripeci by State taw, and wnlch Is approved or licensed by the State or otner appropriate autnority as a cnild day care center or child care center. Clinic - An approved public or nonprofit facility organized and operated for the pnmary purpose of providing outpatient public `ieallh services, including customary related services such as laboratories and treatment rooms. College - An approved or accredited public or nonprofit institution of higher teaming offenng organized stuay courses and credits leading to a oactalaureate or higher degree. Economic Development - A Program(s) camed out or promoted by a puolic agency for puolic purooses which involves. direct- ., or inairectiy, efforts to improve the opportunities of a given area for the successful emanitshment or expansion at industnal. = ommercial, or agncultural plants or faclities and wnicn otherwise assists in the creation of long term emplovmem opportunities n the area or onmanty benefits the unemployed or those with low incomes - For puolic agency use may not act as a conduit 'or the transfer or property. Educational Institution - An approved, accreaded. or licensed puolic or nonprofit institution. facility, entity, or organization = onaucung educational programs inctu itng research tar any sucn programs- such as a child care center. scnool, college, university, scnool for the mentally retarded, school for the physically handicapped. or an educational radicitelevision station. Educational Radio Station - A radio station licensea by the Federal Communications C,7mmfssion ano operated exclusively 'or noncommericat eaucanonai purposes and wnlcn is public or nonprofit and tax - exempt under section 501 or ine Internal Revenue Code of 1954. Education Television Station - A television station licensed by the Federal Communications Commission and operated ex- clusively for noncommencal educational purposes and which is public or nonprofit and tax - exempt under secnat 501 of the Internal Revenue Code of 1954. Health Center - An approved puolic or nonprofit facility utilized by a neatth unit for the provision of public health services. mcluamg related facilities such as diagnostic and laboratory facilities aria clinKm Homeless Individual - An individual wno lacks a fixed, regular and adequate nighttime residence or wno nas a pnmary night - 'ime residence trial is: (1) a supervised publicly or privately operated shelter aeaigriea to provide temporary flying eccanoaa- 'lons (including warfare notefa- congregate shatters, and transitional housing for the mentally ill): (2) an lnstitution tftat provides a temporary residence for individuate intended to be inatitutionalized• or (3) a public or private place aesignea for, or ordinarily used as. a regular ateeoufg accOmodation for human being& For purposes of this regulation. the term does not fnc4ude any indfvidual imprtsorted or ort»rwns detained pursuant to an Act of the Congress or a State Law. naisaoaa 040 Resolution No. 94 -160, authorizing and directing the Mayor of the City of Paris, Don Shelton, to execute on behalf of the City of Paris Addendum Number One to the Lease Agreement with Larry C. Townes, was presented. A motion was made by Councilman Bell, seconded by Councilman Clifford for approval of the resolution. The motion carried 7 ayes, 0 nays. 87 RESOLUTION NO. 94 -160 WIIEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 94- 051, approve the execution of a Lease Agreement with Larry C. Townes; and, WHEREAS, the terms of the lease agreement are in need of revision, and an Addendum Number One to Lease Agreement dated June 14, 1994, in the form of Exhibit A, attached hereto, should, in all things, be approved; NOW, TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF PARIS, that Addendum Number One to Lease Agreement dated June 14, 1994, in the form of Exhibit A, attached hereto, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that Don Shelton, Mayor of the City of Paris, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, Addendum Number One to Lease Agreement dated June 14, 1994, attached hereto as Exhibit A. PASSED AND ADOPTED this 1201 day of December, 1 94. Don Shelton, May 6r ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Jaynes, City Attorney 788 ADDENDUM NUMBER ONE TO LEASE AGREEMENT DATED JUNE 14, 1994, BETWEEN LARRY C. TOWNES AND TIIE CITY OF PARIS, PARIS, TEXAS STATE OF TEXAS ) COUNTY OF LAMAR ) KNOW ALL MEN BY TIIESE PRESENTS, that this Addendum to Lease Agreement, made this 12th day of December, 1994, by and between Larry C. Townes, hereinafter called LESSEE, and the City of Paris, Paris, Texas, acting by and through its Mayor, Don Shelton, duly authorized, hereinafter called LESSOR, W ITN ESS ETI I : It is hereby mutually agreed by LESSEE and LESSOR that the following paragraph be amended to read as follows: "For and in consideration of the payment of the sum of FIFTY -POUR THOUSAND AND NO 1100 DOLLARS ($54,000.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $300.00 on or before May 1, 2034, with a like payment on or before the 1st day of each month thereafter during the remainder of the term hereof, said CITY OF PARIS does hereby lease, rent and let unto LARRY C. TOWNES 1.65 acres of land located at Cox Field, more fully described in Exhibit "A ", attached hereto and made a part hereof for all legal purposes." Executed on the 12th day of December, 1994. CITY OF PARIS BY: Don Shelton, Mayor EXHIBITA ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney LESSOR Larry C. Townes LESSEE STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this clay personally appeared DON SHELTON, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose -- name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY IIAND AND SEAL OF OFFICE, this day of December, 1994. Notary Public, State of Texas STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared LARRY C. TOWNES, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. 1994. GIVEN UNDER MY hIAND AND SEAL OF OFFICE, this day of December, Notary Public, State of Texas 790 FIELD NOTES Being all (fiat certain tract of land situated about 6.25 miles Southeast of the City of Paris, Lamar County, Texas, a part of the H.B. Davis Survey, Abstract No. 255 and a part of the same land desdribed in deed from the United Slates of America to the City of Paris, recorded in Volume 308, Page 287, Lamar County Deed Records and being further described as follows: Commencing at an iron pin for corner at the intersection of the South line of F.M. Highway 1508 with the East line of F.M. Highway 1503 situated just South of the main entrance to Cox Field Airport; Thence North 84 Degrees, 45 Minutes East 1717.7 feel to a point for the Northeast corner of this tract; Thence South 1 Degree, 40 Minutes, 50 Seconds East a distance of 380.0 feet to a point for corner; corner; Thence South 88 Degrees, 33 Minutes West a distance of 180.0 feet to a point for Thence North 1 Degree, 40 Minutes, 50 Seconds West a distance of 450.0 feel to a point for corner; Thence North 88 Degres, 33 Minutes East a distance of 50.0 feel to a point for corner; Thence South 1 Degree, 40 Minutes, 50 Seconds East a distance of 70.0 feet to a point in chain link fence for corner; Thence North 88 Degrees, 33 Minutes East a distance of 130.0 feet to the place of beginning and containing 1.65 acres of land. I, R. Brandon Chancy, Registered Professional Land Surveyor No. 4057, Slate of Texas, certify that the above Plat and Field Notes depict and represent an actual Survey made on the ground under my supervision and finished T �2 t 1994. R. Brandon Ch na cy, R.P.L..S. No. STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, a Notary Public in and for said County and Slate on this day personally appeared R. Brandon Chaney, known to me to be the person whose name is subscribed to the foregoing instrument and acknowedge to me that he executed same for the purpose and consideration therein expressed. ViVEN UNDER MY HAND AND SEA L OF ::�r= F1;;;`, !his r A.D. 1924.` day of �OC•_ jAnv n M-y • NOTARY PUBLIC, STATE OF TEXAS �o 'q s c, O Z / . IPA ' OF i •., Frn I nos ' r `\/! f f"IT A i a tl: W `A 791 Resolution No. 94 -161, authorizing and directing the City Manager of the City of Paris, Michael E. Malone, to execute an agreement for Reconstruction of 24th Street S. E. with the Texas Department of Transportation, was presented. A motion was made by Councilman Clifford, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. r 792 RESOLUTION NO. 94 -161 WHEREAS, the City Council of the City of Paris, Paris, Texas, did heretofore, in Resolution No. 88 -046, approve the contribution of $155,000.00 for the improvement of approximately 0.4 mile of 24th Street S.E. beginning at the Texas & Pacific Railroad right -of- way south to F.M. 1507, in Paris, Texas; and, WHEREAS, the Texas Department of Transportation has offered, in the form of "Agreement for the Reconstruction of 24th Street S.E. ", the terms under which it will undertake the 24th Street S.E. Reconstruction Project, which form attached hereto as Exhibit A should, in all things, be approved, and the City Manager, Michael E. Malone, should be authorized to execute the same; and, WHEREAS, in order to fund the construction, contingencies, and right -of -way and easement procurements, it would be appropriate for the sum of $200,000.00 to be set aside and reserved from Certificates of Obligation, Series 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF PARIS, that the form of "Agreement for Reconstruction of 24th Street S.E. ", attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and lie is hereby, authorized and directed to execute on behalf of the City of Paris the agreement with the Texas Department of Transportation for the reconstruction of 24th Street S.E. in the form shown in Exhibit A, attached hereto; and, BE IT FURTHER RESOLVED, that the Director of Finance, Gene Anderson, be, and lie is hereby, authorized and directed to set aside and reserve $200,000.00 from Certificates of Obligation, Series 1993, for the 0.4 mile 24th Street S.E. Reconstruction Project. PASSED AND ADOPTED this 12th day of December, 1994. /� Z(Zz��- Don Shelton, May r ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: T. K. Haynes, (Sty Attorney f 793 STATE OF TEXAS COUNTY OF TRAVIS Lamar County CSJ: 8760 -01 -002 Project: STP 90 (18) UM 24th St. S.E.: From T &P Railroad to FM 1507 AGREEMENT FOR THE RECONSTRUCTION OF 24TII STREET S.E. THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department- of Transportation, hereinafter called the "State" and the City of Paris, Texas, acting by and through its duly authorized officers, hereinafter called the "City ". W I T N E S S E T H 4 WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101 et seq., establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Section 133 establishes that surface transportation programs should be developed and implemented by the States' Transportation Agencies; and WHEREAS, the State and the City desire for the reconstruction of 24th Street S.E. from the limits of the T &P Railroad to FM 1507, as shown in "Exhibit A", to be hereinafter identified as the "Project "; and WHEREAS, the City has offered to participate in the development and construction of the Project by providing the necessary right -of -way, providing for the utility relocations, and providing all costs associated with the construction of the sidewalk, driveways, curb and gutters, and storm sewers; sewers; and WHEREAS, on the & day of ��� _, 19id, the Paris City Council passed Resolution No. 1�6 , attached hereto and identified as "Exhibit B ", authorizing the City's participation in the development of the Project; and 12/02/94 Page 1 of 7 EXHIBIT A 794 WHEREAS, the State will prepare the construction plans, fund and let the construction contract, and provide the construction inspection and management services; and WHEREAS, on the � day of clLrl 19W the Texas Transportation Commission passed Minute Order 1015 88, attached hereto and identified as "Exhibit C", authorizing the State's participation in the development of the Project; A G R E E M E N T NOW, TIIEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon the State's completion of the Project or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT A. The State and the City agree that the scope of the Project shall be limited to the scope approved by the Texas Transportation Commission. B. The Project will be designated a part of the State Highway System as a Metropolitan Highway for the limited purpose of reconstructing the roadway facility; however any existing city roads within the limits of the Project will not be designated or incorporated therein prior to the State's award of the construction contract. C. The City will continue to provide maintenance for all city roads within the limits of the Project until the State's award of the construction contract. 3. ACQUISITION AND SECURING OF RIGHT -OF -WAY The City shall secure for the State the necessary right -of -way required for the construction of the Project. In the event additional right -of -way is required for the completion of the Project, the City shall be responsible for the acquisition of the additional right -of -way. The City will comply with all the requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition 12/02/94 Page 2 of 7 795 Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq., except those provisions relating to incidental expenses incurred by the property owners. Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. The City shall also secure and provide the State all easements over any other land in addition to normal right -of -way as may be required for the construction of the Project. 4. UTILITY ADJUSTMENTS /RELOCATIONS If required for the completion of the Project, the City shall provide and assume the cost- for utility adjustments or relocations which may be located within the Project limits. All utility adjustments or relocations shall conform to the State's Utility Accommodation Policy, as established in Title 43 TAC Chapter 21. 5. ENGINEERING DEVELOPMENT The State shall be responsible for the preparation of the Project's preliminary engineering necessary for the development of the plans, specifications and estimates (P.S.& E.). The P.S.& E. shall be developed in accordance with the State's 1993 Standard Specifications for Construction of Hiqhways, Streets and Bridges or its currently approved revisions. The State shall submit a copy of the completed P.S.& E. to the City for review. 6. CONSTRUCTION REQUIREMENTS A. The State shall -advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures and applicable laws. Any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be subject to the approval of the State. B. The State will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S.& E. The City shall have the right, at its own costs, to observe the construction of the Project, provided that such r 12/02/94 Page 3 of 7 V 796 observations shall not interfere with the required construction. C. Upon completion of the Project, the State will issue to the City a "Notification of Completion ", acknowledging that the Project has been completed. Upon the City's receipt of the "Notification of Completion ", the constructed roadway will be removed from the State Highway System and will revert under the jurisdiction of the City. 7. FUNDING RESPONSIBILITIES A. The City shall be responsible for the costs of the construction of sidewalks, driveways, curb and gutters, and storm sewers. Within sixty (60) days of the date set by the State for the posting of the bids, the State shall notify the City that the funding for the above items is to be made available. Within thirty (30) days from the receipt of the State's written notification, the City shall present a check or warrant made payable to the "Texas Department of Transportation" in the amount established by the State in its notification. The estimated cost for the construction of the driveways, sidewalks, curb and gutters and storm sewer is $155,000.00. B. In the event the funding provided by the City is insufficient to cover the State's costs for the construction of the established items, the City will within thirty (30) days from receipt of the State's written notification provide the additional funding to cover the State's additional costs. C. Upon completion of the Project, the State will prepare a final audit of all costs associated with the development of the Project. Upon completion of the audit, any remaining funds due the City will be promptly returned. 8. MAINTENANCE RESPONSIBILITIES Upon final completion of the Project, maintenance of 24th Street S.E. will be the responsibility of the City. 9. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State and all documents prepared by the City shall remain the property of the City. All data prepared under this 12/02/94 Page 4 of 7 r 797 agreement shall be made available to the State without restriction or limitation on their further use. 10. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By either party, upon the failure of the other party to fulfill the obligation as set forth herein. (3) By satisfactory completion of all services and obligations as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify a the City that possible breach of contract has occurred. The City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties. 11. INDEMNIFICATION To the extent permitted by law, the City shall indemnify and save harmless the State, its officers, employees, agents and contractors from all claims and liabilities due to the activities of the City, its officers, employees, agents .and contractors performed under this agreement and which result from an error, omission or negligent acts of the City, its officers, employees, agents or contractors. Additionally, to the extent permitted by law, the City shall save harmless the State, its officers, employees, agents and contractors from any and all expenses, including attorneys fees and court costs which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the City, its officers, employees, agents or contractors. a 12/02/94 Page 5 of 7 798 ---- rrrnr...r�.- ._..._ -._.. .. -- -- .. .. - . w.......,•-.$'v.Ww.�csvrwri.,w. 12. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State. 13. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 14. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State: Texas Department of Transportation P.O. Box 250 1365 N. Main St. Paris, TX 75460 City: The City of Paris P. O. Box 1037 Paris, TX 75461 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 15. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the subject matter within. 12/02/94 Page 6 of 7 79 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF PARIS, TEXAS By: Typed Name Title Date ATTEST: City Secretary THE STATE OF TEXAS y Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No. 100002 and Administrative Order 26 -93, for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By: Robert Cuellar, P.E. Deputy Executive Director for Transportation Planning and Development Date 12/02/94 Page 7 of 7 800 I 100 24 th St, LAMAR COUNTY Limits, From Tor SEW IN Wills CONTROLt 6760-1-2 PROJECTf P RR FM IN07 EXHIBIT A HILL-94111. DGly rec.. 6 194 22:09 0000 PARIS RES. C_ 7`94 4 W F— D 1 7 = :3 6 TEL214 -785 -3396 PAGE 01/03 P _ O 1 RESOLUTION N0, as Of par" i s; the City t;he 7'r��u9 WH�:REAS, the City Ca to ilcooterate Twith sOrCflti�,r� itl desirous of continuing b Department of Yiighwaya and Public r at�fe streets and highways in and near the 011 providing . Parisi and. and Ptlt:lic t,�HEREAS, the 'texas Department of Hi -g65, sassed on the 77 5, p '1'ranepoxtatiQn did in r19 8$t& Order fer to the City Of tat an nl,lev 27th day of January' 24th Street Sttt,in improve approximately u'0 artment at $550,000,00, beg F.M. estimated coat to said deP gg South to rat. the Texas & Pacific R J Minute i0rtderof attached heret<- pis 1' 07 as described in � Exhibit ,At and, Lhd EREpS' It is deemed to br in theobeBpariaercontri1,ur,e Paris that the City THEREM.'I? , citizens of NOW, $155,000.00, and approve said Minute Order; CO CITY UNCIL OF THE CITY OF BE IT RESOLVED BY T11E artment of Highways PARIS, That the provisi.ona of Te, Uep be, . ,,nd Eid Public Transportation's Minute Order No. 86765, tt the same is hereby accepted, 1988. Passed and adopted this 16th day of May, ATTESTt � � 1 y APPROVED AS FORM: y-kttornOY EXHIBIT a 5 � e W-o V - post -It" brand fax transmittal in �I +tc�r vY ►nlln co. Oept. L -737 -13 emo 7671 M o1 pn9ee from'_ Phone N -y p ' feA N ((y 802 „''T Various I Coo District No., Various my ..... _........ _. TEXAS TRANSPORTATIDN CDMMISSI;ON MINUTE ORDER Page 1 of 5 Pages ' WHEREAS, the Intermodal Surface Trhnsportat-ion Efficiency Act iof 1991 (ISTEA) was signed into law in December, 1991 and significantly ;restructured the programs to utilize available funds; and WHEREAS, the ISTEA also significantly increased the role and linvolvement of the Metropolitan Planning Organizations (MPOs) in the ;programming and development of transportation projects; and WHEREAS, projects are subject to approval /concurrence of the MPO, where Applicable; and WHEREAS, projects falling within an Brea of non - attainment of air, quality standards, are subject to analysis to determine conformance with air quality attainment guldelines; and WHEREAS, Minute Order 101106 dated June 24, 1992 outlined the three phases for mobility project authorization for the 1993 Transitional Project Development Plan (POP) and approved Phase 1: and WHEREAS, the structure of the various categories of work, lincluding the d©scription, the restrictions,?the method of allocation and policy was approved as Shown in Exhibit A to Minute Order 101106; and i I I I I i I 1 i I i I EXHIBIT C 803 fN'► ` TEXAS TRANSPORTATIOM CONIMISS�ON Various County MINUTE ORDER Page of 5 pages District No. 1�arious _ Y WHEREAS, Exhibit A to Minute Order 101106 did not address apportionments and identify projects in cert4in categories; and WHEREAS. the programs shown below in:Exhibits A through V are a part of the POP, as indicated by the categories shown; and WHEREAS, the letting of projects to contract is further suoject 'to the availability of projected funds at the time of letting; NOW, THEREFORE, IT IS ORDERED that the Executive Director is ;hereby authorized to proceed in the most feasible and economical manner with project development for the projects indluded in the following 'Exhibits to include any necessary agreements; right of way acquisition, utility adjustments and relocation assistance': Exhibit A - 1993 Consolidated Rehab111tation Program (Interstate Mnintennnce,National Highway System Rehabilitation, Surface 'transportation Program Rehabilitation and State`Funded Rehabilitation) (Categories 2, 3C, 4F and 14) Exhibit [i - 1993 Highway Safety Improvement Program (Category i .4A) s � 1 a TEXAS TRANSPORTATION COMMISSION VariOUS County MINUTE ORDER Page 3 of 5 pages District No, 'Y Various Exhibit.0 1993 Federal Railroad Signal Program (Category 4A) Exhibit D - 1993 Railroad School E3uslSignal Program (Category 4A) Exhibit E - 1993 -2002 Metropolitan Mobility /Rehabilitation Program (Category 4C) Exhibit F - 1993 -200P Urban Mobility % Rehabilitatlon Program (Category 4D) Exhibit G - 1993 -2002 Rural Mobility/Rehabilitation Program (Category 4L) Exhibit It - 1992 -1995 Congestion Mitigation and Air Quality Program (Subject to approval by Federal Highway Administration and /or EnYironmental Protection Agency)(Category 5) Exhibit; I 1993 -1995 On State System Bridge Program (Category + 6A) j Exhibit J 1993 -1,995 Off State Syst @m Bridge Program (Category 6D) • J TEXAS TRANSPORTATION COMMISSION Various ' County MINUTE ORDER Page 4 of 5 Pages District No. Various Exhibit K -, 1992 -1994 Farm to Market Road Program (Category 8) Exhibit L -- 1992 -1.994 Prison Road Program (Supplement to Farm to Market Road Project s)( Category B) Exhibit M - 1993 Railroad Grade Crossing Replanking progravn (Category 16) Exhibit N - 1994 -1995 City - County Railroad Signal Program (Category 16)(Contingent Upon a Legislative Appropriation of Funds) IT IS FURTHER ORDERED that the structure and allocations for ;the following programs be approved and the Executive Director is hereby authorized to proceed with program development and then proceed with 'project development to include any necessaryagreements, right of way acquisition, utility adjustments and relocation assistance; Exhibit 0 - 1993 Interstate Sign Improvement and pavement Marking Program (Category z) Exhibit P - 1993 Preventive Maintena i Program (Category 7) v ' ' TEXAS TRANSPORTATION COMMISSION Various County MINUTE ORDER Page b of 5 Pages >bistrict No. Various 5 Exhibit Q - 1993 Non-Interstate Freeway /Expressway Sign Improvement Program (Category 10) Exhibit R - 1993 Non- - Interstate Raised Reflective Pavement Marker Program (Category 10) Exhibit S - 1993 Conventional Highway Signing Program (Category 10) Exhibit T - 1993 Traffic Signal Program (Category 10) Exhibit U - 1993 Texas Safety Improvement Program (Cnteyory lo) Exhibit V - 1993 District Discretionary Program (Category 11) IT IS FURTHL'R ORDERLD that the projects approved as part of the 1988 -1992 Urban System /Principal Arterial Street System (PASS) Program (Major Urbanized Arens) or the PASS Metropolitan Match Portion of 1988- 1992 Urban System /Principal Arterial Street System (PASS) Program (Major Urbanized Areas) that have not been selected for other categories of the 1993 Transitional Project Development Plan shall retain their authority in the aforementloned programs. IT IS FURTHER ORDER that projects approved as pars; of past allocation programs that have not been selected for other categories of the 1993 Transitional Project Development Plan shall retain their authority in these programs. IT IS FURTHER ORDERED that projects requiring right of way and /or utility adjustments are subject to thO policies of the Texas Department of Transportation and all applicable Federal and State laws governing the acquisition policies for acquiring real property. IT IS FURTHER ORDERED that the sections of highway shown in Exhibit W are hereby designated as part of the State Iligt,way System subject to the conditions indicated. IT IS FURTHER ORDERED that this Minute Order is effective as of this date. Sub it ed by: Examined and recommended by: rector o 1 g wa- y lses�n pproved sso�i a e Execut ve rector r XR U, V rector Minute Number 1015138 Date Passed D _r L�5 92 City Manager Malone called for consideration of and action on the installation of bi -fold doors on the west side of the open T- Hangers at Cox Field Airport to be funded by the Certificate of Obligation, Series 1993. Councilman Clifford explain that in the summer time these hanger are very hot on the west side, these are the first ones to go vacant, and there is a waiting list to fill everyone of these up, and the rent would double by putting the door up. After discussion, a motion was made by Councilman Fulbright, seconded by Councilwoman McDonald to approve the installation of bi -fold doors on the west side of the open T- Hangers at Cox Field Airport to be funded by the Certificates of Obligation, Series 1993. The motion carried 7 ayes, 0 nays. Mayor Shelton announced that there were some young gentlemen in the audience, and invited the Scout Leader to come forward and tell the Council what troop they were from. Gene Skinner, with Boy Scout Troop 3990 came forward, and told the Council that these boys are working on citizenship and community merit badges, and one of the requirements is for them to attend a meeting of the City Council, School Board, or County Commissioners Court, and they chose to attend the City Council's meeting to see how our City Government works, and each Boy Scout introduced themselves - Scott Hood, Mat Skinner, Brian Hood, and Michael Preston. City Attorney Haynes did not have anything to report. City Manager Malone showed a vedio of the West side of the T- Hangers that was discussed under Item No. 7A, and Mr. Townes's larger hanger that was also spoken about in the meeting. City Manager Malone said that the third item that he was showing tonight is the entrance to Soup Street showing several trucks coming out. Councilman Fulbright told the Council that it is not unusual for 200 plus truck to go in and out that street in a 24 hour period. The next item shown was work in progress at the Water Treatment Plant right outside the entrance gate which is the beginning of the project, and estimated completion is one year. The next view was of the Gibraltar Hotel which has been in the news lately, and as you can see it is in poor condition, entryways are open. We are making an effort through the Code Enforcement Office to have the building secured by the owners. City Manager Malone explained that it is the responsibility of the property owners to maintain security. City Manager Malone also showed a view of the Belford Apartment Building which is across the street from the Gibraltar Hotel pointing out openings where the building was not secure. City Manager Malone said the property owner has been advised, and has begun boarding the building up. City Manager Malone said there were a number of things stated by one of the co -owner of the Gibraltar Hotel in regard to the City of Paris cooperating with Mr. Franklin who proposed the development and recapped the evens that transpired as follows: "Mr. Franklin contacted the City and made arrangement to appear before the City Council, and during the meeting he explained that he had all of his financing in place, he proposed to renovate the Gibraltar and put it back very much as it was, make it a building that we could be very proud of and estimated the cost to be 1.5 million dollars, and as you all know, the hotel for many years has been on the dilapidated list, and it is quite lengthy process for the City and Staff to go through to place buildings on that list in order to place the controls to protect the health and safety of the citizens. The City has been very patient, very hopeful that someone would come along with a plan that would result in restoration of the building because it would be certainly expensive for someone to take that building down if it ever became necessary, and we are certainly aware of the historical significants and the love that many people have for that building. Well, shortly following the meeting which the City Council gave a qualified limited building permit, temporary building permit, to allow Mr. Franklin to get his financing to demonstrate that he had the financing to demonstrate that he had a plan for the reconstruction of the building. I was visited by Mr. Franklin who came in inquired as to whether the City had issued any Industrial Bonds of which he did expect to gain some proceeds to finance the renovation of the building, of which; of course, he had said that he already had his financing in place. I explained to him that there were no such bonds been issued, that very unlikely that there would be any, that me might talk to the Chairman of the Paris Economic Development Corporation, but it has been a long standing policy in Paris, and I would expect probably that the City Council and the Economic Development Corporation to continue in the conservative approach of using that type of financing to finance industrial development in order to create jobs and not for commercial ventures and things of that nature. Subsequent to that there were some letters exchanged between staff and Mr. Franklin's Attorney wherein one of the letters from Mr. McMullens states in order to indicate the City of Paris's willingness to issue industrial bonds to finance in whole or in part the planning, design, acquisition, construction and carrying out the proposed project, Mr. H. Wayne Franklin requested an inducement letter approved by the City Council which shall be conclusive evidence of such approval and allow the proposed project to move forward without _ delay. Mr. Franklin had the opportunity, and was advised of the fact subsequently again appeared before the City Council, had the opportunity to ask for any inducement or any financing for the project, and at that meeting he did not do so, so I think it is totally hear say on the part of Mr. Brown. The staff has cooperated with the proposed development in every way. There has been a meeting between Mr. Franklin and members of our staff, and Mr. Franklin has never provided any engineering data which the City could use to make any decision about any waterlines, or the sizing of lines, or cost of lines, or anything of that nature. As you know, it is primarily the responsibility of the developer to provide waterlines for development. I just wanted to brief all the Council and citizens about these facts that we are certainly interested in anything productive that might happen to the Gibraltar Hotel, and we stand ready to cooperate with any legitimate proposal that anybody may have of subject to the Ordinances and Code of the City of Paris." City Manager Malone said to answer a letter to the Editor by Mr. Leo Lambert regarding a gambling raid - "Item No. 1 - there was only one Police Officer out of the 23 officers regular and reserves who wore fatigues, No. 2 - no Paris Police Officer wore fatigues, No. 3 - The Officers asked Mr. Lambert if he needed his medication during the arrest, and he replied "No ", he was told by Officers Haynes that if he needed it, to let him know. The jail is checked approximately every two hours. Mr. Lambert was put in at 12:30 A. M., he was checked at — s o ,q 2:47 A.M., 5:30 A. M., and 7:50 A.M. Mr. Lambert advised the majority of those persons that the majority of those persons arrested were in their 50's, 60's, and 70's, there were five people in their 20's, 5 people in their 30's, one in their 40's, two in their 50's, three in their 60's, and two in their 70's. Mr. Lambert referred in his letter to the Police Officer's, Law Enforcement Officials storming in pushing old men to the floor and standing on their backs. This is not true, the persons within the building were put on the ground for their safety. Mr. Lambert alleged that overwhelming force was unnecessary, this is not true, the tactical unit he says was absurd there were only some members of the tactical unit used in this raid, and they were in their patrol uniforms, and not in their tactical uniforms. Mr. Lambert referred to undercover operations, the DHS, our officers were not involved in this, that was a DHS operation. Mr. Lambert talked about spending the night in a filthy jail that was full of trash, very hot 90 degrees. The jail is cleaned daily, there is not a temperature problem in the jail. We had one person plead nolo contendere, there were five that pleaded guilty that night, one person plead guilty and appeared in County Court, and eleven persons choose to plead not guilty, and they are set for trial, and the rest posted bond." City Manager said what we would like to say is that the Paris Police Department and those other law enforcement agencies were responded to criminal activity, and as law enforcement officers they are sworn to respond to any reports of criminal activity whether it be drugs or traffic or whatever, any types of activities that are in violation of the law it is their duty to respond to. The fact that people plead guilty in the case that there was some criminal activity. There are a great many people that are concerned about gambling, and this is a pretty large gang. There being no further business, t eetin a 'ou d. DON SHELTO , M YOR, CITY OF PARIS ATTEST: MATTIE CUNNINGHAM, CITY LERK 810 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL January 5, 1995 The City Council of the City of Paris met in regular session, Monday, January 5, 1995, 6:00 P. M., City Council Chambers, City Hall, Paris, Texas. Mayor Don Shelton called the meeting to order with the following Councilmembers present: Charles Fulbright, Eric Clifford, Millie Ingram McDonald, Wayne Brown, John Bell, and Aaron Jenkins. Also present was City Manager, Michael E. Malone, City Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham. The minutes of the Planning and Zoning Commission's meeting held January 3, 1995 were presented to the City Council, and attached hereto as a part of these minutes as Exhibit A. City Manager Malone advised the Council that the next item on the agenda had been tabled at the December 8, 1994 meeting, and should the Council wish to consider this matter, a motion was needed to bring this item from the table. A motion was made by Councilman Clifford, seconded by Councilman Fulbright to bring the public hearing to consider a change in zoning from a Commercial District; (C) and Specific Use Permit - Billboard Sign (52) to a Commercial District (C) on Lot 1F -A, City Block 306 located on the southeast corner of North Main Street and Stone Avenue from the table, and to also bring consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Commercial District (C) and Specific Use Permit - Billboard Sign (52) to a Commercial District (C) on Lot 1F -A, City Block 306 located on the southeast corner of North Main Street and Stone Avenue from the table. The motion carried 7 ayes, 0 nays. Mayor Shelton declared the public hearing open to consider a change in zoning from a Commercial District; (C) and Specific Use Permit - Billboard Sign (52) to a Commercial District (C) on Lot 1F -A, City Block 306 located on the southeast corner of North Main Street and Stone Avenue. Mayor Shelton called for proponents to appear, and Carles Sterling, 6185 Lamar Road, appeared in favor of the zoning change, stating that this property is zoned for billboards and he would like to see the change, but it had not been used as such in two years. Mayor Shelton called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Brown, seconded by Councilwoman McDonald authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a Commercial District (C) and Specific Use Permit - Billboard Sign (52) to a Commercial District (C) on Lot 1F -A, City Block 306, to be presented at the next regular City Council meeting. The motion carried 7 ayes, 0 nays. NO City Manager Malone announced that Item No. 5 of the agenda, Continuation of public hearing of the petition of Alice Sterling for a change in zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit - Billboard Sign (52) on Lot 1F -B, City Block 306 being numbered 2870 N. Main Street had been tabled at the October 10, 1994 meeting, and should the Council wish to consider this matter tonight a motion would be needed to bring this matter from the table. Also Agenda Item No. 6, Consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a commercial District (C) to a Commercial District (C) and Specific Use Permit - Billboard Sign (52) on Lot 1F -B, City Block 306 was also tabled, and a motion to bring this item from the table was needed. A motion was made by Councilman Clifford seconded by Councilman Jenkins to bring Agenda Item No. 5 and 6 from the table. The motion carried 7 ayes, 0 nays. Mayor Shelton declared the public hearing open to consider the petition of Alice Sterling for a change in zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit - Billboard Sign (52) on Lot 1F -B, City Block 306. Mayor Shelton called for proponents to appear, and Carles Sterling, 6185 Lamar Road, appeared telling the Council that he proposed to build an all steel billboard on this property, and their consideration would be appreciated. Mayor Shelton called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Fulbright, seconded by Councilman Clifford authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from a commercial District (C) to a Commercial District (C) and Specific Use Permit - Billboard Sign (52) on Lot 1F -B, City Block 306, to be presented at the next regular City Council meeting. The motion carried 7 ayes, 0 nays. Mayor Shelton declared the public hearing open to consider the petition of Shelly Field for a change in zoning from a Two Family Dwelling District (2F) to an Office (0) District on Lot 8, City Block 112, being number 441 S. E. 12th. Mayor Shelton called for proponents to appear, and Shelly Field, 441 S. E. 12th Street, appeared in behalf of her petition telling the Council that her house is for sale and would be like the zoning change in order to advertise it for a Bed and Breakfast, or another type business. Ms. Fields said the property around the house was rental and commercial. Mayor Shelton called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Clifford, seconded by Councilman Bell authorizing preparation of an ordinance amending Zoning Ordinance No. 812 1710 changing the zoning from a Two Family Dwelling District (2F) to an Office (0) District on Lot 8, City Block 112, to be presented at the next regular City Council meeting The motion carried 7 ayes, 0 nays. Mayor Shelton declared the public hearing open to consider the petition of Fred Kahler for a change on zoning from Agricultural District (A) to a Commercial District (C) on Lot 2, City Block 317, located in the 3300 Block of North East Loop 286. Mayor Shelton called for proponents to appear, and none appeared. Mayor Shelton called for opponents to appear, none appeared, and the public hearing was declared closed. A motion was made by Councilman Brown, seconded by Councilman Jenkins authorizing preparation of an ordinance amending Zoning Ordinance No. 1710 changing the zoning from Agricultural District (A) to a Commercial District (C) on Lot 2, City Block 317, to be presented at the next regular City Council meeting. The motion carried 7 ayes, 0 nays. City Manager Malone advised that the Item No. 11 of the Agenda, public hearing to consider the petition of Robert J. Johns for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Two Family Dwelling District (2F) on Lots 3, 4, and 5, Block B, Ridgecrest Addition located on the east side of 26th Street N. E. approximately 450 feet north of Cherry Street, had been tabled at the December 8, 1994 City Council meeting along with the following item, and a motion to bring this from the table would be in order if the Council wished to consider this matter. City Manager Malone said there was a request from Ms. Johns that it be placed back on the agenda, and he thought that she had contacted some of the opposition to the zoning change. A motion was made by Councilman Clifford, seconded by Councilman Brown to bring the above public hearing from the table along with Agenda Item No. 12, consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a One Family Dwelling District No. 2 (SF -2) to a Two Family Dwelling District (2F) on Lots 3, 4, and 5, Block B, Ridgecrest Addition, located on the east side of 26th Street N. E. approximately 450 feet north of Cherry Street. The motion carried 7 ayes, 0 nays. City Manager Malone told the Council that at the Planning and Zoning Commission's meeting of December 5, 1994, Mr. Johns appeared on behalf of this petition for duplexing this property, explaining the plans that he has for the property to the Commission. There were people present who spoke in opposition to the zoning change, and the public hearing was closed, and the Planning and Zoning Commission at that time voted 6 -2 to recommend denial of the zoning change. City Manager Malone said subsequent to that he believed that Ms. Johns has contacted some of the persons in opposition, and has asked that it be placed back on the agenda tonight for her to appear and tell you what she has done in the mean time. 813 exception of one, does not object to the zoning change, and requested the consideration of the Council. No one else appeared, and the public hearing was declared closed. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a One Family Dwelling District No. 2 to a Two Family Dwelling District on Lots 3, 4, & 5, Ridgecrest Addition, and advised that it would take a simple majority vote to authorize preparation of the ordinance. The ordinance would then be presented Monday night, January 9th, and will take a three - fourth vote of the Council to pass the ordinance as the Planning and Zoning Commission had denied approval. A motion was made by Councilman Clifford, seconded by Councilman Bell authorizing preparation of an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a One Family Dwelling District No. 2 to a Two Family Dwelling District on Lots 3, 4, & 5, Ridgecrest Addition. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Replat of Lots 17 and 18, Block B of Oak Creek Phase V. Councilman Clifford asked to be excused from the Council meeting due to conflict of interest, and a motion was made by Councilwoman McDonald, seconded by Councilman Bell to excuse Councilman Clifford. The motion carried 6 ayes, 0 nays, and Councilman Clifford departed the Council chambers. A motion was made by Councilman Brown, seconded by Councilman Bell approving the Replat of Lots 17 and 18, Block B of Oak Creek Phase V subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Replat of Lots 38 and 39, Block L of Oak Creek Phase V. A motion was made by Councilman Brown, seconded by Councilman Jenkins approving the Replat subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. A motion was made by Councilwoman McDonald, seconded by Councilman Fulbright to allow Councilman Clifford to return to the Council meeting. The motion carried 6 ayes, 0 nays, and Councilman Clifford entered the Council chambers and assumed his seat at the council table. City Manager Malone called for consideration of and action on approval of the Final Plat of Yates Estates. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins approving the Final Plat of Yates Estates subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays City Manager Malone called for consideration of and action on approval of the Replat of Lot 22, Block A of Johnson Wood Park Addition. A 814 motion was made by Councilman Clifford, seconded by Councilman Bell approving the Replat of Lot 22, Block A of Johnson Wood Park Addition subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on approval of the Preliminary Plat of 34th Place. Councilman Brown asked to be excused from the council meeting due to conflict of interest. A motion was made by Councilman Clifford, seconded by Councilman Bell excusing Councilman Brown. The motion carried 6 ayes, 0 nays, and Councilman Brown depart d the council chambers. A motion was made by Councilman Clifford, seconded by Councilman Fulbright approving the Preliminary Plat of 34th Place subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Fulbright, seconded by Councilman Jenkins to allow Councilman Brown to return to the council meeting. The motion carried 6 ayes, 0 nays, and Councilman Brown enter the council chambers and assumed his seat at the council table. Mike Alexander, Code Enforcement Office for the City of Paris presented the report from the Building Hazard Inspection Committee which contained 36 items. Mayor Shelton declared the public hearing open concerning property determined by the Building Hazard Inspection Committee to be a fire hazard and /or dilapidated or dangerous structure and /or nuisance. Mr. Alexander came forward presenting each item and furnishing the Council with pictures of each item that was on the report from the Building Hazard Inspection Committee. Mayor Shelton advised that Item No. 6 of the report, 920 E. Washington, Lot 7, Block 1, Gibbons Park Addition had been purchased by Richard Hunt, and he is restoring the house and request 6 months to restore the house. Jeff Newman appeared in behalf of the house located at 330 19th N. E. telling the Council that he had done some repairs, and requested that he be given 60 days to repair the house. Louise Ross, 1415 W. Plum, appeared in behalf of her property located at 1415 W. Plum telling the Council that she is in the process of repairing the house and requested 6 months for repairs of the structure. Robert Brunson, 2595 Clark Lane was present regarding the property at 2597 Clark Lane which is a burned out structures, rat infested, not secured, and it is involved in a civil law suite. Mr. Brunson requested that some type of action be taken on this structure. 815 Mr. Alexander advised the Council that Barney Bray is the owner of the property located 2830 E. Cherry Street, Lots 6 & 7 and N. 50' of E. 51' Lot 8, Block 4, Springlake Addition, and Mr. Bray told him that the house would be removed within the 30 days. No one else appeared, and the public hearing was declared closed. City Manager Malone called for consideration of and action on authorizing the preparation of an ordinance declaring certain structures to be hazardous and the disposition of the same. A motion was made by Councilman Clifford authorizing preparation of an ordinance declaring certain structures to be hazardous with the exception of Item No. 6 of the list, 920 E. Washington which is to be removed from the list, and Item No. 35, 330 19th Street N. E. with the owners being given 60 days to repair or remove. The motion carried 7 ayes, 0 nays. City Attorney Haynes presented the following petitions for rezoning: Richard King, Lot 6, Block 233, from SF -3 District to SF -3 and Specific Use Permit - Mobile Home (39) District; David Thomas, Lots 1, 2, 3 & 4 of Block 3, Fairview Addition in the 1600 Block of North Main, from Commercial District to Commercial and Specific Use (49) District. Mayor Shelton referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting February 6, 1994, and before the City Council February 9, 1994. There being no further business, the ng adjourned a 7:20 P. M. P, ATTES T: MATTIE CUNNINGHAM, CITY CLERK MINUTES OF THE PLANNING AND ZONING COMMISSION DECEMBER 5, 1994 The Planning and Zoning Commission of the City of Paris met Monday, December 5, 1994 at 5:30 P.M. in the Council Room, City Hall, Paris, Texas with the following members present: 1. Reeves Hayter - Chairman 5. Richard Hunt 2. Nadine Ausbie 6. Marshall Kent, Jr. 3. John Mark Davis 7. Joe E. McCarthy 4. Curtis Fendley 8. Louis Yates, Jr. Earl Smith, City Engineer was also present. Chairman Hayter called the meeting to order and the minutes of November 7, 1994 were approved as presented. Chairman Hayter declared the Public Hearing open on the petition of Robert J. Johns for a change in zoning from a One Family Dwelling District No. 2 (SF -2) to a Two Family Dwelling District No. 2 (2F) on Lots 3, 4, and 5, Block B, Ridgecrest Addition located on the east side of 26th N.E. approximately 450 feet north of Cherry Street. Mr. Robert J. Johns appeared on behalf of the petition for the duplexes and told the Commission of his plans. Terry Efaw, 625 S.E. 26th, Carolyn Peek 530 N.E. 26th and Bobby Earls, 526 N.E. 26th all spoke in opposition to the zoning change stating the duplexes would not be good for the area because they would de -value the existing property. No one else spoke and the public hearing was closed. A motion was made by Joe McCarthy, seconded by Nadine Ausbie, to recommend denial of the change. The motion carried 6 ayes, 2 nays. Chairman Hayter declared the Public Hearing open on the petition of Alpha Lake, LTD. for a Site Plan amendment in a Planned Development - Shopping Center District (PD -a) on a 27.155 acre tract of land located on the southwest corner of Lamar Avenue and Loop 286. Dewayne Raper spoke representing the owner. He briefly explained the scope of the project. Nadine Ausbie questioned the status of the taxes. There was discussion concerning the set back from the Right -of Way. Norm Davis, 3535 Audubon, spoke in opposition stating his concerns about the drainage and erosion. Larry Vail, 830 Sherwood, representing the Pentecostal Church spoke in opposition also concerned about the drainage. No one else spoke and the public hearing was closed. A motion was made by Curtis Fendley, seconded by Joe McCarthy, to recommend approval of the Site Plan subject to the City Engineer's memorandum dated December 5, 1994 marked Exhibit A and attached hereto. Motion carried 8 ayes - 0 nays. Chairman Hayter declared the Public Hearing open on the petition to consider a change in zoning from a Commercial District (C) and Specific Use Permit - Billboard Sign (52) to a Commercial District (C) on Lot 1F -A, City Block 306 located on the southeast corner of N. Main Street and Stone Avenue. No one appeared before the Planning and Zoning in favor or against the petition and Chairman Hayter closed the Public Hearing. A motion was made by John Davis, and seconded by Marshall Kent, Jr. to table the petition until the following month. Motion carried 8 _ ayes - 0 nays. Chairman Hayter declared the Public Hearing open on the petition of Alice Sterling for a change in zoning from a Commercial District (C) to a Commercial District (C) and Specific Use Permit - Billboard Sign (52) on Lot if -B, City Block 306 located at 2870 N. Main Street. A motion was made by John Davis, and seconded by Marshall Kent, Jr. to table the petition until the following month. Motion carried 8 ayes - 0 nays. The Final Plat of Lot 23, City Block 206 was recommended for approval on a motion by Nadine Ausbie, seconded by John Davis subject to the City Engineer's memorandum dated December 5, 1994 marked Exhibit B and attached hereto. Motion carried 8 ayes - 0 nays. There being no further business to consider, the meeting was adjou ed. (;LL Z Earl E. Smith City Engineer L M E M O R A N D U M TO: Mayor and City Council Planning and Zoning Commission FROM: Earl E. Smith, P.E., City Engineer DATE: December S, 1994 SUBJECT: Site Plan - Mirabeau Shopping Center (Belk - Fashion Bi -1) I have reviewed the site plan of the property referenced above. It appears that the plan complies with the City of Paris regulations with the following exceptions ind /or additions: 1. Submit detailed drawings and obtain required permits I recommend approval of the site plan assuming completion of the above items. EES:sr cc: Michael E. Malone, City Manager T.R. Haynes, City Attorney Paul Mayeux Architects, Inc. Sing rely, r Earl E. Smith, P.E. City Engineer S, I M E M O R A N D U M TO: Mayor and City Council Planning and Zoning Commission FROM: Earl E. Smith, P.E., City Engineer DATE: December 5, 1994 SUBJECT: Final Plat - Lot 23, City Block 296 I have reviewed the final plat of property referenced above. It appears that the plat complies with the City of Paris regulations with the following exceptions and /or additions: 1. Certify taxes paid 2. Provide appropriate signatures and seals on original drawing 3. Pay filing fees (Cashiers Check or Money Order in the amount of $25.00 made payable to Lamar County Clerk and delivered to the City Engineer's Office) 4. Show finish floor elevation for each lot 5. Provide a water tap and sanitary sewer tap for each lot 6. Construct curb and gutter I recommend approval of the final plat, assuming completion of the above items. EES:sr cc: Michael E. Malone, City Manager T.K. Haynes, City Attorney Nelson Surveying Co. Mark Cunningham Jimmie Hodges James Shattuck gs-inc;ely,rl E. Sith, P.E. City Engineer G�� /� /T v