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Regular Council Meeting October 22; 2012 1 t.: 6 Page 5 IN THE TEXAS DEPARTMENT OF TRANSPORTATION 2012 PROGRAM CALL 16 5 8 FOR PROJECTS; AUTHORIZING THE CITY MANAGER TO ACQUIRE TWO PARCELS OF LAND FOR THE PROJECT SHOULD THE CITY OF PARIS BE AWARDED THE GRANT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND DECLARING AN EFFECTIVE DATt. Mr. Napier said the City had an opportunity to expand the Trail in parts of West Paris. He also said the project would provide transportation corridor between Heritage Park, the Justice Elementary Safe Routes to School Project, Leon Williams Park, the Boys Club, Red River Valley Fairgrounds and T.G. Givens. Mr. Napier expressed appreciation to Mr. Earl Erickson for all of his hard work in making the Trail possible. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. 18. Discuss and act on approval of a deduction Change Order #1 in the amount of $66,305.80, and closing out the contract with Four Thirteen, Inc. in the amount of $27,884.93 for the 2011 -2012 Water and Wastewater Capital Improvements. Mr. Napier said the change order was a reduction of $66,305.70, which reduced the original contract price from $345,166.10 to $278,849.30. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Wright. Motion carried, 6 ayes — 0 nays. 19. Receive report, discuss and possibly act on drainage problem on York Street. Mr. Napier displayed photographs depicting before the work began, during and after completion of the drainage channel. He said that a good rain was needed to test the draining of the ditch. Mr. Napier said staff was still planning on going out to Ms. Carcuff's property to try to help her level up portions of her backyard to make it flow and drain into the ditch. He said part of the problem was their instrument was not functioning. Mr. Napier added that they were able to locate training for staff and that upon completion of training, staff would go to Mrs. Carcuff's and take survey shots. Council Member Wright wanted to know if that would ascertain that Ms. Carcuffe's backyard was level. Mr. Napier answered in the affirmative. 20. Receive and discuss update on the Grand Theater. Mr. Napier told the Council that the debris from the front of the building had been removed and the roof above the stage should be finished within the week. Main Street Director Cheri Bedford said tours of the Grand Theater would be given during the Festival of Pumpkins. 21. Convene into Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about pending or contemplated litigation and/or on matters in which the duty of an attorney to