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Agenda PacketCITY COUNCIL AGENDA Notice is hereby given that the City Council of the City of Paris shall meet in regular session at 5:30 p.m. on Monday, May 23, 2022. The meeting will be held at the City .Council Chamber, 107 E. Kaufman Street, in Paris, Texas. Due to the CoVID outbreak, facemasks are encouraged for those in attendance of the meeting in the City Council Chamber. Due to the pandemic concerns, one or all Council Members may be attending remotely, but the feed will be available for live viewing at httl sJ/haristexas. oy4ii tblic. The matters to be discussed and acted upon are as follows: Opening Agenda 1. Call meeting to order. 2. Invocation. 3. Pledge of Allegiance. 4. Citizens' forum. (Persons desiring to address the Council must limit their presentation to no more than two minutes. Unless an item is posted on the Agenda, the Texas Open Meetings Act prohibits the Council from responding to any comments other than to refer the matter to a future agenda, to an existing policy, or to a staff person with specific factual information. Claims against the City, Council Members, or employees, as well as individual personal appeals are not appropriate for citizens' forum.) If necessary, the City Council may convene into Executive Session under Chapter 551 of the Texas Government Code regarding any item on this agenda. Consent Agenda Items on the Consent Agenda are approved by a single action of the Council, with such approval applicable to all items appearing on the Consent Agenda. A Council Member may request any item to be removed from the Consent Agenda and considered as a separate item. 5. Approve minutes from the meetings of May 9, 2022 and May 10, 2022. 6. Receive reports and/or minutes from the following boards and commissions: a. Board of Adjustment (4-5-2022) b. Main Street Advisory Board (4-12-2022) c. Historic Preservation Commission (4-13-2022 & 4-19-2022) d. Paris Economic Development Corporation (4-19-2022) 7. Receive April monthly financial report. 8. Receive April drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve a Resolution Repealing the Policies and Procedures for Boards and Commissions; Approving New Policies and Procedures for Boards and Commissions. 11. Approve a Resolution approving a contract addendum with Hayter engineering for services provided as acting city engineer. 12. Approve a Final Plat of the Offutt North Main Addition, Lot 1, Block A, located at 423 North Main Street (LCAD Property ID 15035). 13. Approve the Final Plat of the Goodrum Addition, Lots 1 and 2, Block A, located in the 500 Block of S.E. 16th Street (LCAD Property ID 15807-08). 14. Approve the Final Plat of the Michaels 195 Addition, Lot 1, Block A, located at 5040 FM 195 (LCAD Property ID 50140). 15. Approve the Final Plat of the Hill 48 Addition, Lot 1, Block A, located at 1269 Graham Street (LCAD Property ID 14122). 16. Approve a Resolution approving and authorizing the execution of a Professional Management Services Agreement with GrantWorks to implement a contract administration system under the general direction of the TxCDBG 2022-2023 Main Street Program. Regular Agenda 17. Discuss, conduct a public hearing, and act on an Ordinance approving and adopting revisions to the Comprehensive Plan and Future Land Use Plan Map for the City of Paris as it pertains to City Block 170-C, Lots 14-C, 14-D, 14-E, 17, 13A, 13, 12, 11, 14-B, Part of 14, 16, 2-1, located at 2510, 2520, 2350, 2340, 2330, 2320, 2310, 2296, 2286, 2530, 2640, 2710 and 2280 S.E. 3`d Street; Newberry Addition CB 167, Block 167, Lot 4, being located at 2705 S.E. 3`d Street; City Block 167, Lot 3B and 5, being located at 2400 Block and 2735 S.E. 3`d Street, Paris, Lamar County, Texas, from a Commercial District (C) to a Low Density Residential District (LDR); making other findings and provisions related to the subject; providing a repealer clause, a severability clause, and providing an effective date. 18. Discuss, conduct a public hearing, and act on an Ordinance considering the petition of Donald Wilson on behalf of Sunrise Ministries International Church for a change in zoning from a Neighborhood Service District (NS) to a Commercial District (C) in the City of Paris, Block 249, Lot 35-A, located at 3055 Clarksville Street (LCAD 17987) 19. Discuss, conduct a public hearing, and act on an Ordinance considering the petition of Donald Wilson on behalf of Sunrise Ministries International Church for a Specific Use Permit (SUP) for a Self-Storage/Mini-Warehouse in the City of Paris, Block 249, Lot 35- A, located at 3055 Clarksville Street (LCAD 17987). 20. Discuss, conduct a public hearing, and act on an Ordinance considering the petition of Geneva Knight for a change in zoning from a Light Industrial District (LI) to a One - Family Dwelling District No. 2 (SF -2) in the City of Paris, Block 50, Lot 2, located at 1155 W. Cherry Street. 21. Discuss and act on a Resolution approving a Residential Tax Abatement Agreement with Paris/Lamar County Habitat for Humanity for the property located at Gibbons Park Addition, Block 2, Lot 22 and East 24 ft. of Lot 23, 743 East Polk (LCAD Property ID 11781) 22. Discuss and act on an Ordinance authorizing the issuance of a solid waste collection permit to William Peters d/b/a Trash Away Dumpster Rentals, LLC. (Pursuant to Sec. 12.04.42(d) of the Code of Ordinances, passage of this ordinance requires five affirmative votes) 23. Discuss and act on an Ordinance amending Chapter 12, "Utilities," Article 12.04, "Solid Waste," of the Code of Ordinances of the City of Paris, Texas; making Section 12.04.006, "Placement of Containers, Bags, and Bundles for Residential Collection, "To allow for one day per week residential solid waste pickup; making other findings and provisions related to the subject; providing a repealer clause, a severability clause, a savings clause, and a penalty clause; and declaring an effective date. 24. Discuss and possibly act on procedures for conducting annual evaluations of the city manager, city attorney, and municipal judge. 25. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. 26. Adjournment. Certification I certify that the above notice of meeting was posted on the bulletin board in the City Hall Annex, 150 First St. SE, Paris, Texas and on the City's website at www.paristexas.gov, no later than 5:30 p.m. on May 20, 2022. Janice Ellis, City Clerk Special Accommodations This facility is wheelchair accessible and accessible parking spaces are available. Requests for special accommodations or interpretive services must be made forty-eight (48) hours prior to this meeting. Please contact Janice Ellis at (903) 784-9248 or jellis@paristexas.gov for assistance. Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 9, 2022 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, May 9, 2022, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Paula Portugal Mayor Pro -Tem: Reginald Hughes Council Members: Gary Savage, Mihir Pankaj; Linda Knox, and Clayton Pilgrim City Staff: Grayson Path, City Manager; Robert Vine, Assistant City Manager; Skylar Unger, Deputy City Clerk; Gene Anderson; Finance Director; Rich Salter, Police Chief; Andrew Mack, Director of Planning & Community Development; M.A. Smith, Public Works Director; Thomas McMonigle, Fire Chief, Clyde Crews, Fire Marshal; Russell Thrasher, EMS Chief, Cheri Bedford, Main Street Director; Robert Talley, Code Enforcement Supervisor; and James Hooten, Assistant Building Official Absent: Council Members: Shatara Moore, Gary Savage Owning Agenda 1. Call meeting to order. Mayor Portugal called the meeting to order at 5:30 p.m. 2. Invocation. Finance Director Gene Anderson gave the invocation. 3. Pledge of Allegiance. Mayor Pro -Tem Hughes led the pledge. 4. A. Presentation of Mayor's Yard of the Month Awards Mayor Portugal announced the Mayor's Yard of the Month Awards as follows: Lamar National Bank — Commercial Award Christine Holson — Northeast Quadrant Dorotha Miller — Northwest Quadrant Regular Council Meeting May 9, 2022 Page 2 Ruth Ann Alsobrook — Southwest Quadrant Mike & Pat Roberts-Pshigoda Foundation — Southeast Quadrant Ellen Green & Leif Lindblom — Best Rehabilitation Mayor Portugal presented winners who were present with a Certificate of Appreciation, as well as a gift card from a local business. She said staff would get the certificates and gift cards to those who were unable to attend the meeting. Mayor Portugal reminded everyone they could nominate a yard of the month by going onto the City website and completing the form. B. Citizens' Forum. Sims Norment, 606 Church Street — he encouraged the Council to support the Rental Maintenance Property item on the agenda, as it could encourage more people to move to Paris. Consent ALenda Mayor Portugal inquired of Council Members if they wished to pull any items from the consent agenda for discussion. There being none, a Motion to approve the consent agenda was made by Council Member Knox and seconded by Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. 5. Approve minutes from the meeting of April 25, 2022. 6. Receive reports and/or minutes from the following boards and commissions: Historic Preservation Commission (3-9-2022) Love Civic Center (2-10-2022) Paris Economic Development Corporation (3-21-2022) Paris Public Library Advisory Board (3-16-2022) Planning & Zoning Commission (4-4-2022) Paris Visitors & Convention Council Board of Directors (3-21-2022) Love Civic Center Quarterly Reports VC&C Quarterly Reports 7. Receipt of the 2021 Annual Comprehensive Financial Report. 8. Approve and award the lowest responsible bids for ground maintenance of various city parks, medians and city lots. 9. Approve RESOLUTION NO. 2022-031: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE BID AND AWARDING THE CONTRACT FOR CONCRETE DEMOLITION AND CONSTRUCTION ON THE CITY OF PARIS TO RICHARD DRAKE CONSTRUCTION, LP, THE LOWEST RESPONSIBLE BIDDER; APPROVING SAID CONTRACT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME; MAKING OTHER FINDINGS AND Regular Council Meeting May 9, 2022 Page 3 PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Agenda 10. Receive presentation from North Star regarding the branding and marketing project. City Manager, Grayson Path introduced Mr. Ketchum who then gave a presentation regarding "place branding." He stated that Texas is growing at a rapid pace, and Paris should get its fair share. He said that the brand of the city is more than just a logo; it is a symbol of unity between the residents, and the community. He went on to say that according to recent research, more people are looking for an inclusive place to live, where they have a balance between the right place to live and the right job. He showed some examples of other branding endeavors North Star has been a part of, and then opened the floor to the Council for questions. Mayor Portugal thanked Mr. Ketchum for his presentation. Council Member Pankaj stated that he was excited to see what North Star could come up with and hoped that they would also be able to pick up on the voices of Paris that may not have been heard in the meetings to ensure the inclusiveness of all of the residents of Paris. 11. Discuss and act on RESOLUTION NO. 2022-032: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN ECONOMIC DEVELOPMENT AND TAX ABATEMENT AGREEMENT WITH ENNS VENTURES, LLC; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Planner Andrew Mack introduced Mr. Ronny Enns to the Council and stated that he was planning on building several duplexes in the city by utilizing the 5 in 5 Infill Development Program. Mr. Mack also stated that City staff recommended approval of the agreement. Mr. Enns said he was looking forward to providing housing to the city that was not in need of repairs, and was clean and affordable. He stated that as an investor, he saw a good opportunity to work together with the city to make something that works for everybody. Mr. Mack asked the council if they had any questions. Mayor Pro Tem Hughes asked if Mr. Enns was the same person who purchased the property on 7th street next to Leon Williams Park. Mr. Mack answered in the affirmative. Mr. Hughes then asked when they anticipate breaking ground there. Mr. Mack stated that it is anticipated that the first two duplexes on l Ot" street this year, and then next year or sooner, they will move to Henderson. He said there have been some delays with platting and utility extension. A Motion to approve the item was made by Council Member Pankaj and seconded by Council Member Knox. Motion carried, 5 ayes — 0 nays. Regular Council Meeting May 9, 2022 Page 4 12. Discuss and act on RESOLUTION NO. 2022-033: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING A RESIDENTIAL TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS, ("CITY") AND WE'RE GOING TO PARIS, LLC, ("OWNER"); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND DECLARING AN EFFECTIVE DATE. City Planner Andrew Mack stated that he was extremely pleased to be working on this project with Mr. Seth Bame and Mr. Barret Limburg regarding the long over -due renovation of the Westgate Apartments. Mr. Mack said that City staff recommended approval of the five-year 100% Residential Tax Abatement Agreement and then introduced Mr. Bane and Mr. Limburg to give their presentation. Mr. Limburg stated that he was excited to be involved in this project and to be able to provide housing to the City by restoring an existing structure. He and Mr. Bame then showed a PowerPoint presentation of other buildings their company had renovated. Council Member Pankaj stated that he was excited to see some positive progress in West Paris. Mayor Pro -Tem Hughes asked if they planned to refurbish all the existing units, or if they would have to demolish some. Mr. Limburg answered that they planned on keeping every unit, and possibly in the future adding more on the land that is nearby. Mayor Portugal asked if there was a timeline in mind for when they would begin construction. Mr. Limburg stated that they were ready to begin as soon as they got approval from both the City and County. He said they hope to get started within the next 30-60 days and the total time for renovation was approximately 12 months. A Motion to approve the item was made by Council Member Pankaj and seconded by Council Member Hughes. Motion carried, 5 ayes — 0 nays. 13. Receive an update on the City's 5 in 5 Housing Infill Development Program. Mr. Mack stated back in January of this year the City Council adopted the 5 in 5 Housing Infill Development Program Guidelines. Since that time, the City Council has approved three development agreements, with three additional developers coming forward in the next month or two. The City is continuing to work with builders and investors with lots they own and have control over as to enter the 5 in 5 Program. 14. Receive quarterly update as to the status of the Vacant Building Registration. Mr. Mack introduced Code Enforcement Supervisor, Robert Talley, and Main Street Director, Cheri Bedford. Mr. Mack stated that this endeavor has been a team effort. He went on to say that, he believed the Vacant Building Registration has made a difference in the revitalization of Downtown. Cheri Bedford stated there were 197 parcels in Downtown, which included vacant lots. In 2021, there were approximately 38 buildings on the Vacant Building registration. Code Regular Council Meeting May 9, 2022 Page 5 Enforcement Supervisor Robert Talley stated that due to more detailed data entry, enhanced organization, as well as multiple ownership changes, the number of Vacant Buildings for 2022 went up to 44. He said letters were sent out in February to all vacant property owners requiring the annual registration under the ordinance. He also said further refinements to the administrative procedures were anticipated for the next round of the vacant building registration program for 2023, which would include: expansion into all historic districts and vacant residential structures, enhanced communication measures with vacant building owners, closer examination of the funding incentive for encouraging vacant building renovations, and a more accurate inventory and accounting of vacant building properties in relation to the new quarterly reporting program for the City Council. Mrs. Bedford and Mr. Talley presented the Council with a slideshow of before and after pictures of newly renovated downtown properties. Council Member Pankaj asked staff if they could post the before and after photos on social media to promote the marketing of downtown. Mrs. Bedford stated that she does post some of them on Facebook with the owner's permission, but can make an effort to post more of them. Council Member Knox expressed how incredible the after photos looked in comparison to the before photos. Mayor Portugal asked staff if there was a way to get better compliance from the people who own the vacant properties, for example, withhold Fagade Grants if they were not fully registered, insured and had all payments up to date. Mrs. Bedford stated the Vacant Property Registry does allow for Fagade Grants, but it is specifically for vacant buildings, and when the owner is requesting the Facade Grant, he or she should be registered already. Mayor Portugal thanked staff for their presentation. 15. Discuss and act on ORDINANCE NO. 2022-028: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 4, "BUILDING REGULATIONS," ARTICLE 4.02, "CONSTRUCTION CODES AND STANDARDS," ARTICLE 4.03, SECTION 4.03.004, "BUILDING AND STANDARDS COMMISSION ESTABLISHED; PROCEEDINGS; CIVIL PENALTIES," ARTICLE 4.04, "RESIDENTIAL RENTAL PROPERTY MAINTENANCE," ARTICLE 4.05, "VACANT BUILDINGS;" AND AMENDING APPENDIX A, "FEE SCHEDULE," OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. City Planner Andrew Mack stated staff has been working on this project for approximately nine months. He explained how this project initially developed in response to concerns that were brought to staff's attention regarding neglect and other nuisances inside and around the yards of occupied rental properties, and in the South Church Historic District 2 area. Accordingly, a project team was assembled including staff from the Community Development, Engineering, Fire and City Administration Departments. He said staff first presented the idea to Historic Preservation Commission (HPC), who unanimously sent a recommendation to City Council for adoption of the changes and implantation of the new rental housing inspection program and vacant residential structure ordinance amendments. He said there were also several residents in attendance who spoke in support of the proposed changes. He also said this Regular Council Meeting May 9, 2022 Page 6 ordinance provides for a license registration requirement, including inspection of the property every two years for all resident dwelling units in HPC 1-16, it also imposed limitations on how many people can occupy a dwelling based upon square footage of sleeping quarters in a residential dwelling according to the 2022 International Property Maintenance Code (IPMC), which was also adopted for these regulations within the Historic Overlay District. Mr. Mack said this ordinance will provide for the bare minimum life safety requirements to be met as part of the new biennial inspection program; as well as serve both the rental property owners and tenants in assuring the safety of the dwellings occupied in these historic district properties. Mr. Mack stated staff recommended approval of this ordinance and then introduced Assistant Building Official, James Hooten, and Code Enforcement Supervisor, Robert Talley. Mr. Hooten presented the brochure that is to be mailed out to the property owners regarding the registration processes and procedures. He stated that there would be a $55.00 fee every two years, and that his inspections would consist of minimum life safety requirements (smoke detectors, stairways, plumbing, exposed wiring, etc...) He informed Council that Code Enforcement will inspect the exterior of the property for falling fences, deteriorating storage, clutter, and things of that nature. Council Member Pilgrim asked staff if this would be similar to the rental code enforcement that is currently in place citywide. Mr. Mack stated this would amend that section to allow for only the Historic District, as currently Code Enforcement can only inspect properties if there is a complaint made first. Council Member Knox read a statement requesting the Council for their continued support in the protection of the Historic District. City Manager, Grayson Path stated that the city's codes were there for good reason, and encouraged the Council to approve this item. Council Member Pankaj and Mayor Pro -Tem Hughes asked if this registry would ever become citywide. Mr. Path stated that eventually he would like it to be citywide, but to see how this works out first and then decide from there. Following further discussion, a Motion to approve the item was made by Council Member Knox and seconded by Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. 16. Discuss and act on a Resolution repealing prior Policies and Procedures for Boards and Commissions, and adopting new Policies and Procedures for Boards and Commissions. City Manager, Grayson Path stated that staff had been working recently on revising the polices and procedures for the boards and commissions as the current policies were contradicting. Mr. Path presented the proposed changes to the Council and recommended approval. Mayor Portugal asked if there was anything added regarding excused absences. Mr. Path said there was still the 75% rule, but there could be more language added to define an excused absence. Council Member Pankaj requested a binder to be placed in the Council Chambers with all of the information for each board. Mr. Path said he would make that happen. Following further discussion, the consensus was to bring the corrected policies and procedures to the next meeting for approval. Regular Council Meeting May 9, 2022 Page 7 17. Discuss and possibly act on procedures for conducting annual evaluations of the city manager, city attorney and municipal judge. Mayor Portugal asked for volunteers to take the lead in handing this year's evaluations. Following some discussion, it was decided to wait for the two absent council members to be present and then continue the discussion. 18. Convene into executive session pursuant to: Section 551.087 of the Texas Government Code, (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have located, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting the economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1), as follows: Project Athens. Mayor Portugal convened City Council into executive session at 7:04 p.m. 19. Reconvene into open session and possible take action on those matters discussed matters in Executive Session. Mayor Portugal reconvened City Council into open session at 7:20 p.m., and said there was no action to be taken. 20. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No future events were referenced. 21. Adjournment. There being no further business, A Motion to adjourn was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. Mayor Portugal adjourned the meeting at 7:20 p.m. PAULA PORTUGAL, MAYOR SKYLAR UNGER, DEPUTY CITY CLERK MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 10, 2022 The City Council of the City of Paris met for a special session at 5:30 p.m. on Tuesday, May 10, 2022, at the City Council Chamber, 107 E. Kaufman, Paris, Texas, Present: Mayor: Paula Portugal Mayor Pro -Tem: Reginald Hughes Council Members: Shatara Moore, Gary Savage, Mihir Pankaj, Linda Knox, and Clayton Pilgrim City Staff. Grayson Path, City Manager; Robert Vine, Assistant City Manager; Janice Ellis, City Clerk; and Gene Anderson Absent: Council Members: Linda Knox 1. Call meeting to order. Mayor Portugal called the meeting to order at 5:30 p.m. 2. Citizen's forum. No one spoke during citizen's forum. 3. Discuss and act on RESOLUTION NO. 2022-034: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACKNOWLEDGING THE RESULTS OF PRIOR COUNCIL ACTION AND DECLARING CANDIDATES FOR COUNCIL DISTRICTS 1, 2, 3 & 6 ELECTED TO OFFICE AS A RESULT OF HAVING BEEN UNOPPOSED FOR ELECTION TO OFFICE; DECLARING THE TERMS OF OFFICE FOR THE AFORESAID CANDIDATES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Clerk Janice Ellis said the City Council ordered an election on January 24, 2022 for the purpose of electing council members from Districts 1, 2, 3 & 6. She reported that Shatara Moore, Reginald B. Hughes, Gary Savage and Clayton Pilgrim ran unopposed, and the election was cancelled by ordinance. Ms. Ellis said the resolution before them was confirming prior City Council action and declaring the unopposed candidates elected to serve in their respective districts. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Savage. Motion carried, 6 ayes — 0 nays. Special Council Meeting May 10, 2022 Page 2 4. Issuance of Certificate of Election; Administer Statement of Elected Officer to Council Members; and Administer Oath of Office to newly elected Council Members. Ms. Ellis administered the Oath of Office to newly elected Council Members Shatara Moore, Reginald B. Hughes, Gary Savage and Clayton Pilgrim. Election by City Council of Mayor and Mayor Pro -Tem to serve the City of Paris for the next year. Mayor Portugal reviewed procedures with City Council, and opened the floor for nominations for Mayor. Council Member Pankaj nominated Paula Portugal and Mayor Pro -Tem Hughes seconded the nomination. Mayor Portugal asked if there were other nominations and there being none, she closed the floor for nominations. Mayor Portugal called for a vote on the nomination of Paula Portugal, 6 ayes — 0 nays. Mayor Portugal opened the floor for nominations for Mayor Pro -Tern. Council Member Savage nominated Reginald B. Hughes for Mayor Pro -Tem and Council Member Pankaj seconded the nomination. Mayor Portugal asked if there were other nominations and there being none, she closed the floor for nominations. Mayor Portugal called for a vote on the nomination of Reginald B. Hughes, 6 ayes — 0 nays. 6. Adjournment. A Motion to adjourn was made by Council Member Savage and seconded by Council Member Pankaj. Motion carried, 6 ayes — 0 nays. Mayor Portugal adjourned the meeting at 5:38 p.m. PAULA PORTUGAL, MAYOR JANICE ELLIS, CITY CLERK Item No. 6 SPECIAL MEETING, MINUTES CITY OF PARIS BOARD OF ADJUSTMENT CITY OF PARIS - CITY HALL COUNCIL CHAMBERS CONFERENCE ROOM PARIS TEXAS TUESDAY APRIL 5TH 2022 12:00 O'CLOCK P.M. 1. The Board ofAdjustment meeting was called to order by Ruth,4nn Alsobrook at 12: 02 p.m. The following members were present: RuthAnn Alsobrook, Larry Walker, William Sanders, Chris Fitzgerald and Jerry Haning. Also present were Andrew Mack, Stephanie Harris, Robert Vine and concerned citizens. 2. Approval of minutes from previous meeting. (March], 2022) Motion was made by Larry Walker, seconded by William Sanders to approve minutes for the March 1, 2022 meeting. Motion carried 5-0. 3. Public hearing to consider and take action on the petition of Doreen Ruthart of Ron Doe Homes, on behalf of James Johnson, as part of the City's HOME Program, regarding the 6'4 " front yard setback and 1' side yard setback variances to the City of Paris Zoning Ordinance Area Regulations, Sections 9-501(1) and 9-601(1) on Lot 17, Block O, of East Park Addition, being located at 1420 NE 11th Street. Andrew Mack, Director of Planning & Zoning, presented case to the board. Mr. Mack explained to the Board that this is another instance where the builder was following the previous location of the home and the setback discrepancy was discovered after the fact as construction was continued. This case is unique in the fact that it is almost complete with construction and it would be very costly in to correct at this point. Mr. Mack stated that staff has extensively met with the contractor to correct the practice of proceeding without first turning in the form board survey moving forward. Lastly, Mr. Mack stated that staff recommends approval of both variances based on the staff recommended. findings of fact provided in the staff report. There was discussion amongst the board and staff on the practice of submitting the form board and the plan of action that the staff has made to correct this practice moving forward. Ms. Alsobrook declared the public hearing open. Doreen Ruthart of 420 PR 43375, and applicant stated that their company has built over 500 homes in this program in various locations and had never been asked for a form board survey until recently while building in Paris, so this is a newer practice for them. With these locations in particular they had already built and had inspections on the foundation and framing before the form board survey was requested. Ms. Ruthart also stated that the Texas Department of Housing and Community Affairs runs the Home Program and it is their motto and goal to build the home back in the same footprint or as close as possible to the footprint of the old house, so that has attributed to their confusion with the setback requirements. No one else spoke in favor or opposition of the request. Ms. Alsobrook declared the public hearing closed. Motion was made by Larry Walker, seconded by Chris Fitzgerald to approve the 6'4" variance to Section 9-501(1) of the Area Regulations to allow an 18'8" front yard setback versus the required 25' setback based on the following staff recommended findings of fact. Motion carried 5-0. Motion was made by Larry Walker, seconded by Chris Fitzgerald to approve the 1' variance to Section 9-601(1) of the Area Regulations to allow a 4' side yard setback versus the required 5' setback based on the following staff recommended findings of fact. Motion carried 5-0. Staff Recommended Findings of Fact; 1. The request for variance is harmony with the general purposes and intent of Zoning Ordinance No. 1710, as amended, and will not negatively impact the protection for the adjacent surrounding property. 2. The request is to permit the reconstruction of a residence is not applicable with regard to a non -conforming use due to it being permitted by right in the SF -3 District. There was a previous structure recently demolished on the property under the City's Home Program and it was built in the same approximate location as the demolished structure. 3. There are special or unique conditions of restricted area and physical feature for the new slab that was constructed prior to the form board survey now existing on the subject parcel of land. This is not generally applicable to other parcels of land in the same zoning district. This has caused an unusual and practical difficulty to be in compliance with the provisions sought here to be varied due to general contractor not fully in sync with its sub -contractors schedules and thereby resulting in an unintentional result of not meeting the front and side yard setbacks. 4. The hardship sought to be avoided is the result of (a) the applicant's own actions (self- imposed or self-created although unintentional), and (b) an economic or financial hardship would result from being required to move the new home from where it is currently constructed. 5. The provisions of Zoning Ordinance No. 1710, and its amendments, that are sought to be varied would deprive the applicant of the normal rights to use the property that is commonly enjoyed by other properties in the same SF -3 Zoning District without approval and not being required to fully comply with the front and side yard setback ordinance provisions. 4. Public hearing to consider and take action on the petition of Doreen Ruthart of Ron Doe Homes, on behalf of Lisa Bivens, as part of the City's HOME Program, regarding a 1 '11 " front yard setback variance to the City of Paris Zoning Ordinance Area Regulations, Section 9-501(1) on Lot 17 & 18, Block 12, of Belmont Addition, being located at 1143 E Tudor Street. Andrew Mack, Director of Planning & Zoning, presented case to the board. This case is similar to the previous one as to the fact that the contractor built the home back in the footprint as the previous home to line up with the neighboring houses. Lastly, Mr. Mack stated that the City staff recommends approval based on the staff recommended findings of fact provided in the staff report. Ms. Alsobrook declared the public hearing open. Doreen Ruthart of 420 PR 43375, and applicant added in addition to previous testimony that with the previous applications and this one she no longer wishes to have to go through this process so she will be sure to comply moving forward to avoid delays. No one else spoke in favor or opposition of the request. Ms. Alsobrook declared the public hearing closed. Motion was made by Chris Fitzgerald, seconded by Jerry Haning to approve the 1' l" variance to Section 9-501(1) of the Area Regulations to allow a 23'l" front yard setback versus the required 25' setback based on the following staff recommended findings of fact. Motion carried 5-0. Staff Recommended Findins of Fact: 1. The request for variance is harmony with the general purposes and intent of Zoning Ordinance No. 1710, as amended, and will not negatively impact the protection for the adjacent surrounding property. 2. The request is to permit the reconstruction of a residence is not applicable with regard to a non -conforming use due to it being permitted by right in the SF -3 District. There was a previous structure recently demolished on the property under the City's Home Program and it was built in the same approximate location as the demolished structure. 3. There are special or unique conditions of restricted area and physical feature for the new slab that was constructed prior to the form board survey now existing on the subject parcel of land. This is not generally applicable to other parcels of land in the same zoning district. This has caused an unusual and practical difficulty to be in compliance with the provisions sought here to be varied due to general contractor not fully in sync with its sub -contractors schedules and thereby resulting in an unintentional result of not meeting the front yard setback. 4. The hardship sought to be avoided is the result of (a) the applicant's own actions (self- imposed or self-created although unintentional), and (b) an economic or financial hardship would result from being required to move the new home from where it is currently constructed. 5. The provisions of Zoning Ordinance No. 1710, and its amendments, that are sought to be varied would deprive the applicant of the normal rights to use the property that is commonly enjoyed by other properties in the same SF -3 Zoning District without approval and not being required to fully comply with the front yard setback ordinance provisions. 5. Public hearing to consider and take action on the petition of Isabel Burley regarding a variance to permit the temporary occupancy of a RV during the reconstruction of a new home under the City of Paris RV General restrictions on parking, storage or occupancy regulations, Section 4.08.032(b) as prescribed under the variance procedures, Section 4.08.034 on Lot 17, City Block 149, being located at 226 W Washington Street. Andrew Mack, Director of Planning & Zoning, presented case to the board and informs the board that Ms. Burley is a participant for the HOME Program. Mr. Mack explained that the RV that is proposed to be occupied is fully contained and has been requested to be placed on the lot adjacent to her current house that is going to be rebuilt. He continued by informing the board when Ms. Burley approached him with this proposition he had specifically told her of the prohibition of occupying RVs and how it has been vigorously enforced over the years. Mr. Mack also mentioned the possibility of water connection that is already available, but the sewer would have to be addressed separately to ensure sanitary requirements are met. Mr. Mack continued by mentioning the provision of the zoning ordinance that allows for these variance requests to be considered and that he believes that this case is unique since most participants of the HOME Program do not own adjacent lots. Mr. Mack stated that the house has not yet began demolition so the applicant has taken the correct steps to be proactive in asking permission for this variance and has provided a petition in support from her neighbors to be considered by the board as they choose. Mr. Mack spoke of the concerns that this may set a precedent if approved due to the heavy enforcement of RVs, but believes that provisions can be put in place specific to this case to avoid the increase of RV occupants moving forward. Mr. Mack stated that the City is not in a position to support the approval of the variance but believes the consideration is necessary based on the unique circumstances, but he has provided unique findings to the board to use if they choose to approve the variance. Ms. Alsobrook declared the public hearing open. Isabel Burley of 719 SW 3`a Street and applicant, presented signed input forms provided by her neighbors. Staff member Paige Unger read input forms to include in record as follows: Bonnie Smith of 308 W Washington St, in favor. Charlie Ellis of 240 W Washington St, in favor. Marilee Raulston of 335 W Washington St, in favor. Angela Gray of 321 W Washington St, in favor. Mike Hards of 207 W Washington St, in favor. Sandra Bryant of 231 W Washington St, in favor. Jean Johnson of 241 W Washington St, in favor. Marilyn Brock of 307 W Washington St, in favor. Juan Luna of 124 W Washington St, in favor. Resident of 136 W Washington St, in favor. Jason Murdock of 202 W Washington St, in favor. Ms. Burley continued that with the construction proposed to take six to nine months she has not been able to find a rental property that has less than a year lease including any available RV parks in the surrounding area that are willing to rent month to month. Ms. Burley explained to the board that she does have a daughter that is local; however, she has four children and a husband and is unfortunately unable to accommodate her in their home, but her daughter has offered the RV to her if she is allowed to use it. She continued by explaining that her other daughter lives in Dallas and with current gas prices she would not be able to afford the timely and costly commute back and forth to her job at Kimberly Clark that she works at six days a week from seven am to seven pm and seven pm to seven am. Doreen Ruthart of 420 PR 43375, is the representative from Ron Doe Homes is the contractor for Ms. Burley's future home explained that she does not know when the demolition of the home is scheduled. Resource Management works with Sanitation Solutions for the demo and once they are notified that it is clear to proceed with construction their part should only take six months; however, she does mention that there is weather or other unexpected delays, such as material shortages, that cannot always be accounted for so it could take a little longer. There was discussion amongst the applicant and the board concerning the disposal of sewage and sanitation. Ms. Burley assured the board that she has a truck capable of pulling the RV and will be taking it to a proper location for disposal. Ms. Ruthart explained to the board the difficulties people experience while trying to find other living accommodations since rental prices are so high and this being a low-income program. Participants in other counties have resorted to living in storage buildings and tents while others have simply withdrawn their application. No one else spoke in favor or opposition of the request. Ms. Alsobrook declared the public hearing closed. There was discussion amongst the board and city staff on the difficulties of finding other living accommodations and the availability of RV parks. There was discussion amongst the board and city staff on the conditions that should be set forth for an allotted time of the RV occupancy, disposal of sanitary sewer and enforcement of conditions if the variance is approved. There was discussion amongst the board and city staff on how to avoid setting a precedent if this variance were to be approved. Motion was made by Chris Fitzgerald, seconded by Larry Walker to approve the variance to the City of Paris RV General Restrictions on parking, storage or occupancy regulations, Section 4.08.032(b) as prescribed under the variance procedures, Section 4.08.034 to allow the temporary occupancy of an RV based on the following staff recommended findings of fact and conditions set forth by the board. Motion carried 4-1 with William Sanders as the dissenting vote. Staff Recommended Findin , s of Fact: (1) Unique circumstances have been determined to exist on this and the adjacent property that make application of specific requirements in this division unduly burdensome on the applicant. (2) The variance will have no adverse impact on current or future development, but rather will benefit in the new development on the adjoining lot by providing the equivalent of a construction site job trailer and on-site security of the new construction. (3) The variance is in keeping with the spirit of these regulations and will have a minimal impact, if any, on the surrounding land uses. The surrounding land owners and residents have also signed a document supplemental to the application indicating their support for approval of this variance exception. (4) The variance will have no adverse impact on the public health, safety, and general welfare provided the on -board holding tank for waste water can be removed and dumped off-site at an approved dumping facility in the City of Paris. (5) A financial hardship is not a consideration nor a basis for the granting of this variance. Board Conditions: (1) Dumping of wastewater on site shall be prohibited. Documentation shall be provided to City staff to verify that the wastewater was disposed of at an approved disposal location. (2) Term of variance shall expire 14 days after approval of the Building Final of the house being built at 719 SW 3rd Street to allow the client time for moving in. 6. Adjournment. APPROVED THE 3`d DAY OF MAY, 2022. f'J')e�.o MAIN STREET ADVISORY BOARD MONTHLY MEETING Pans Ayuncil�Chambers 107 E. Baufinan Paris Texas 75460 Tuesda A .1.n112 2.022 PRESENT ABSENT Tyrone Hayden Malar Pankaj, Council Liaison Glee Emmitte Kari Daniel William Walker Becky Semple, Lamar County Chamber Shelby Gilliam Greg Kee GUESTS Cheri Bedford, Maui Street Manager Mayor Paula Portugal ACNUTES 1. Secretary Shelby Gilliam called meeting to order at 4:32 pm. 2. Citizen forum a. Mayor Portugal: Wine fest was wonderful, congrats to all who were involved! 3. Election of Officers: a. Chair: Greg Kee nominated by Glee Emmitte, seconded by Tyrone Hayden b. Vice Chair: Glee Emmitte, nominated by Tyrone Hayden, seconded by Shelby Gilliam 4. The board reviewed and approved the minutes of the March 2022 meeting. a. Motion to approve was made by Greg Kee, seconded by Tyrone Hayden. 5. Coordinators Report a. Review Work Plan i. Volunteers: 1. Glee Emmitte- Downtown Lighting & Business Guide 2. Greg Kee- Business Guide & Planters (Maybe) 3. William Walker- Art District 4. All Together: Support Toole Plan b. Farmers Market - i. We have a social media liaison, 22 Vendors, Opening day May 7, recently had very successful cottage food class. c. Texas Downtown Association Presidents Awards i. Discussed potential nominations for the Presidents Awards. Only 1 month until crunch time! d. Texas Main Street online resource library e. Wine Fest numbers coming soon! We expect —404 including volunteers f. Other 6. Board Reports a. Main Street Members i. There will soon be two vacancies on our Main Street Board. ii. Last weekend was a wonderful time to be downtown, Wine Fest, Prom & Steak Wars! iii. 1 st Street Band Blockoff was Very cool! iv. Date for next Wine Fest next year... will fall on Easter if we do same weekend. 1. Aprill5th! b. Chamber and VCC c. PDA i. Transforming strategies for the Brochure, behind this 100% ii. Lighting project Committee went to city council and stirring great interest iii. Cinco De Mayo- Event April 30th Margarita Crawl, Proceeds to lighting fund iv. May 6th- Carriage Rides, proceeds to lighting fund (Friday 4-9) d. HPC i. Facade Grant to 27 Clarksville. ii. COA for Remember When Building iii. 7 South Plaza (Kay's Alterations) 1. Tabled until there are two COA's. iv. Proposal to City Council for Vacant Property Registry for Church Street v. Proposal for Registry for Rental Properties 7. Future agenda items: a. Work on Transforming Strategies b. Lock down Mini Golf Details i. Usually 1 st weekend of August. c. Social Media 8. Shelby Gilliam made the motion to adjourn at 5:17, seconded by William Walker. Signed this day of 2021 Advisory Board S HISTORIC PRESERVATION COMMISSION MINUTES 107 E KAUFMAN ST PARIS TEXAS 75460 WEDNESDAY A ril 13 2022 Present Chris Dux, Chair Linda Vandiver, Secretary Glee Emmite Matthew Coyle Laura Caffey, Vice Chair Jennifer Long Staff Cheri Bedford- HPO Linda Knox, Council Liaison Robert Vine. Assistant City Man, Chairman Dux called the meeting to order at 4:00 p.m. There was no one who spoke at the Citizens Forum Absent Ryan Matthews Jessica Holtman Guests Steven Johnson Karol Lynn Moore CodyKelley Robert Spain Micah Bedford The March 9, 2022 meeting minutes were approved by acclamation. Karol Lyn Moore 131-135 Lamar: Ms. Moore will be remodeling her canopy and transom windows. Canopy will be painted, and R -Panel siding will be removed from over the transom windows to open up the windows for lighting. Ms. Moore was not sure about the condition of her windows without looking at them, but feels that they are there based on what she can see. She will come back to the commission if there are any issues with them, but for now her intention is to reseal what is existing and paint them. A motion was made to approve the Certificate of Appropriateness for painting and removal of the tin over the transom window, and evaluation of the windows for minor repairs by Commissioner Caffey, seconded by Commissioner Emmite, motion carried. Ms. Moore requested a $2500 facade grant for the repairs to be completed 131-135 Lamar Ave. This project must start by June 13, 2022 and be completed by October 31, 2022 to request reimbursement. A motion was made to approve the facade grant of $2500 by Commissioner Coyle, seconded by Commissioner Emmite. Motion carried. Mr Kelley 508 Church. He presented his phase 2 for approval with photos. All existing windows are being removed, scraped, re -glazed and put back into the frames. Motion was made to approve the work by Commissioner Emmite, seconded by Commissioner Vandiver. Motion carried. The estimated cost of the total window restoration was reviewed, and the project met the requirements for a $1000 facade grant. This project must be complete by October 31, 2022 to request reimbursement. A motion was made to approve the facade grant for $1,000 for the rehabilitation of the existing windows in the property by Commissioner Coyle, seconded by Commissioner Vandiver, motion carried. A motion was made to approve the Tax Exemption Application for 508 S. Church Street by Commissioner Coyle and seconded by Commissioner Long. Motion carried. Mr Steven Johnson was representing the owner of 28 W. Plaza, Ms. Monique Crook. Ms Crook, had applied for a minor certificate of appropriateness in November 2021. Mrs. Bedford explained to the commission that the owner's scope of work as presented in November was to replace siding in kind, and install a new sign, all which can be done with a minor COA. She took time to assist the property owner with the diagram of the project, including appropriate material and permitting requirements. Mr Johnson was engaged as the contractor to work for the front fagade but was unaware of the requirements of the historic district design standards when he began to do work for Ms. Crook. It was brought to the attention of Mrs. Bedford in early March 2022 that the materials Mr. Johnson had utilized on the front fagade was textured hardy board, a material that is not allowed in the design standards. She reached out Ms. Crook and Mr. Johnson to work on potential solutions. Mr. Johnson submitted an example board of two solutions, one being too sand the hardy board and remove the texture, or the other to apply a stucco type material over the texture to the exterior. Mr. Johnson explained to the commission that sanding would be the best solution. Mr. Johnson will also be replacing the wood over the display widows with hardy board siding. He has visited with the building official and commercial remodel permit will be granted subject to an approved COA. Commissioner Coyle made the motion to approve the sanding of the hardy board to remove the wood grain texture on the street level fagade, and use of hardy board above the display windows following the original design of existing facade. The motion was seconded by Commissioner Emmite. Motion carried. Ms. Knox, 655 Church is repairing and restoring the existing wooden windows on the south and east side of her home using in kind materials. She will be adding rain gutters to alleviate the rain damage to the new windows. Photographic evidence was presented that the window frames did at one time have a divided light on the top sashes of the window and Ms. Knox asked to restore them to the original configuration. A motion was made by Commissioner Vandiver to approve the windows restoration as presented, seconded by Commissioner Emmite, motion carried. Mrs. Bedford indicated that Ms Knox will be applying for a tax exemption on historic properties, and after clarification received she asked if the commission could attend a special meeting scheduled for April 19, 2022. The Commissioners all agreed they could attend. Mrs. Bedford presented the architectural drawings for a public restroom addition to the Market Square located at 400 SW 1st St. The Market Square use has grown over the past decade and the need for a public restroom has come up. This project will be completed when funding is available, however the design was presented to the commission. A motion was made by Commissioner Coyle to approve the design for the public restroom, and was seconded by Commissioner Long. Motion Carried. Commissioner reviewed the following list of properties determined by Code enforcement as substandard, and in need of demolition or repair. The commission reviews the properties for potential designation as a Recorded Texas Landmark, a Local Landmark, or listing on the National Register of Historic Places. A motion was made to send all the properties to buildings and standards by Commissioner Vandiver, seconded by Commissioner Caffey. Motion carried. A. 475 CR 1205 B. 716 W Cherry C. 926 W Cherry D. 620 NW 13th E. 456 NW 14th F. 1416 W Plum Mrs. Bedford asked the commission about the date for the Imagine the Possibilities tours. The date of June 18 was set from 11 — 4. There was some discussion about making this bigger event something to celebrate the work that is being complete in downtown. Commissioner Coyle will be assisting with the properties that will be showcased if they are for sale or lease. Mrs Bedford reviewed and answered questions on the Certificate of Appropriateness's approved in house. She shared with the commission that she will be attending the Main Street Now Conference in May to present a session called Visual Data for preservation decisions. The Approv ° this day of , 2022 Chairman SPECIAL MEETING MINUTES OF THE HISTORIC PRESERVATION COMMISSION 107 E KAUFNL4,N ST PARIS TEXAS 75460 Tuesda r Aril 19 2022 ................... .._ —. ............... Present Absent Chris Dux, Chair Glee Emmite Laura Caffey, Vice Chair Matthew Coyle Ryan Matthews Jessica Holtman Jennifer Long Linda Vandiver Staff Guests Cheri Bedford- HPO Mr. Robert Spain Chairman Dux called the meeting to order at 4:00 p.m. Mr. Robert Spain presented the Tax Exemption Application for the Rehabilitation of Historic Properties for the property located at 655 Church Street to include the restoration of the windows, fascia repair and the addition of rain gutters. A motion was made by Chairman Dux to approve the Tax Exemption application, seconded by Commissioner Matthews, motion carried. The commission adjourned at 4:05 p.m. da of p... ------52022 Chairman PARIS ECONOMIC DEVELOPMENT CORPORATION MONTHLY MEETING Board Members Present: Josh Bray, Chairman Curtis Fendley, Vice Chairman Chase Coleman, Secretary/Treasurer Dr. A.J. Hashmi Stephen Terrell Erik Roddy Mark Homer Paris City Council Chambers 107 East Kaufman St. Paris, Texas 75460 Tuesda A ril19 2022 5:30 O'CLOCK P.M. MINUTES Staff Present: Maureen Hammond, Executive Director Chris Stout, Economic Development Associate Stephen Kelly, Executive Assistant Le al Counsel: Casey Gain, PEDC Attorney Page 1 of 4 Ex -Officio Members Present: Guests Present: Paula Portugal, City Mayor Robert Vine, Assistant City Manager Grayson Path, City Manager Mary Madewell, The Paris News Reginald Hughes, Mayor Pro Tem /City Council Liaison Carlos A. DeSaracho, Principal of Alliance Architects Pam Anglin, President PJC Michael Doddridge, Senior Business Dev. Mgr. of HWH Call to Order Mr. Bray called the monthly meeting of the Paris Economic Development Corporation to order at 5:30 p.m. on April 191h, 2022. Invocation Mr. Erik Roddy gave the invocation. Welcome and O enin Remarks Mr. Bray thanked the City Council Liaisons, community members and guests Michael Doddridge along with Carlos DeSaracho for their attendance. Citizens' Input, Mr. Bray invited those present to speak during Citizens' Input. No one came forward and the Citizens' Input was closed. Receive and discuss speculative buildine oresentation joriven by Executive Director Maureen Hammond and Mr. Carlos A. deSaracho Princi al of Alliance Architects, Mr. Bray made a recommendation for agenda item 7 to be moved to agenda item 5. Mr. Fendley made the motion to approve. Mr. Coleman seconded the motion. PEDC Board Meeting Minutes Tuesday; April 19, 2022 Page 2 of 4 Ms. Hammond opened the discussion by providing a brief introduction on how she connected with Mr. Doddridge and Mr. deSaracho, who offered to present on spec buildings after multiple conversations with Maureen about the topic. Ms. Hammond went on to briefly discuss statistics related to the building requirements of prospective businesses over the last five years. Out of 143 projects, 32% percent had an existing building requirement, and we qualified to submit on only 13 projects. She added that there was a jump in projects in the last year (62), but the statistics for projects requiring existing buildings were similar. Additionally, she noted that the size requirements for most of the buildings were 100,000 SF or less. Ms. Hammond concluded her comments by discussing current inventory of available buildings. Only one building is available that is over 50,000 SF and very few available that are less than 50,000 SF. Dr. Hashmi interjected briefly by mentioning that while he thought that a spec building was not a viable project in the past, present conditions compelled him to recommend a new discussion of the subject since it might make more sense to develop a spec building in the current business climate. Mr. deSaracho and Mr. Doddridge began their presentation on spec buildings. Mr. Doddridge started the discussion by mentioning that COVID-19 has exposed things in the market and has made it difficult for EDCs across the state to keep up with building demand. Mr. deSaracho continued the discussion by mentioning while there is risk present, there are several alternatives that can give the PEDC options while mitigating the risk of construction of a spec building. Mr. deSaracho also emphasized the difference between a spec building, which is a building set up to allow a variety of projects to utilize the space, compared to a build -to -suit, which is built with a specific project's requirements from the start. The team presented floor plans for projects that were modular in nature, meaning that the designs could be scaled up or down to meet a project's requirements with little down time. Designs also incorporated features such as "punch -out" sections that would allow the placement of dock doors or other elements with little difficulty. Along with potential building renderings, the team presented timeframes and cost estimates for design and permitting work, which could shorten timeframes for fast-moving projects considerably. "Plug -and - play" design plans such as these could shorten the PEDC's turnaround on projects without requiring a building to be constructed. Mr. Doddridge concluded the discussion by mentioning the importance of a quick turnaround, stating that the volatility of the current market trends makes locking in prices important, and getting design done quickly makes that part of the process easier. The trends for building sizes are currently 75-100,000 SF. Dr. Hashmi asked how they charge for design, and they responded that fees are dependent on the square footage of the designed facility. The team fielded several questions from board members, and the consensus from this discussion was that the most valuable aspect of this process would likely be the value that an existing design would provide for being able to respond to prospects quickly. No action was taken on this item. Discuss and Consider Approval of the Minutes of the Regular Meeting held March 21 2022 Mr. Bray asked for discussion and approval of the minutes. Dr. Hashmi made a motion to approve the March 21, 2022, minutes. Mr. Terrell seconded the motion. Vote was 7 -ayes to 0 -nays Discuss and consider approval of the March 2022 financial statements Mr. Coleman reported on financials for March 2022. He stated for the month of March, total assets were at $8,523,343. Roughly $2.7 million of it was in cash, $2.1 million in investments, $330,000 in taxes receivable, and $3.4 million in the industrial park. Total liabilities were $2,464,515, from a loan with the City of Paris. This left a PEDC Board Meeting Minutes Tuesday; April 19, 2022 Page 3 of 4 net position of approximately $6 million. On the income statement, total revenues for the month were $153,757, most of which was from sales tax, and expenses were $46,345, leaving a net position for the month at roughly $107,000. There were no unusual expenses for the month. Dr. Hashmi made the motion to approve financials for the month of March. Mr. Roddy seconded the motion. Vote: 7 -ayes to 0 -nays Consider Action on report from Polic Review Committee on ro osed b -law amendments. Ms. Hammond began the discussion by mentioning that last month Mr. Gain went through the proposed amendments and the Board considered them but did not take action. Proposed changes included: in Section 4.03 language changed to designate the Development Corporation Act of 1979 instead of state law, and item 7 in that section has had the date for the annual presentation to the city removed. Section 5.02 has been changed to reflect the Council Chambers as the monthly meeting location for the Board, and instead of three consecutive absences triggering potential removal of a Board member, the language was changed to "persistent absences." The required time for board consideration of the annual budget was changed from June to July, and submission of the budget to the City was moved from July to August. Mr. Bray added that the Board should vote to approve the amendments as written to send to the City Council for final approval. Mr. Fendley made a motion to approve the amendments. Mr. Coleman seconded the motion. Vote was 7 -ayes to 0 -nays Review and Discuss report from executive director, Maureen Hammond • Business Industry Survey Program • The program is going well - as of 2022, there have been 8 site visits with primary employers. There will be a report on the survey findings towards the end of the year, and Ms. Hammond hopes to double the number of visits by the end of the summer. Lot Clearing and Cleanup of PEDC Sites • Staff has drafted a request for bids to clear the newly acquired properties on the SW Loop, and those bids will hopefully be available for the Board to consider during the next monthly meeting. Branding/Identity Project • North Star will be providing an educational presentation to the City on May 91h and will be performing multiple interviews May 10-12. They have also developed a website called distinctivelyparis.com that will be used to distribute surveys and help inform the public about the project. Convene into Executive Session: 1) Pursuant to Section 551.087 of the Texas Government Code to (1) discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1), to wit: • Project Red Maple • Project Rocket X • Project Athens Chairman Bray convened the Board into Executive Session at 6:25 p.m. PEDC Board Meeting Minutes Tuesday; April 19, 2022 Page 4 of 4 Reconvene into _Opwen Session and Consider Action on Item(sj Discussed in Executive Session Chairman Bray reconvened the Board into Open Session at 6:48 p.m. There was no action taken after executive session. Discuss Future Agenda Items No future agenda items were brought forward to discuss. Adjourn Mr. Homer made a motion to adjourn the meeting. Dr. Hashmi seconded the motion. Vote was 7 -ayes to 0 -nays Mr. Bray adjourned the meeting at 6:50 p.m. Respectfully submitted, Stephen Kelly Executive Assistant Paris Economic Development Corporation Item No. 7 TO: Mayor, Mayor Pro -Tem, and City Council Grayson Path, City Manager FROM: Gene Anderson, Finance Director SUBJECT: APRIL 2022 FINANCIAL REPORT DATE: May 23, 2022 BACKGROUND: Section 69 (3) of the Paris City Charter requires the Finance Director to submit to the City Council through the City Manager a monthly statement of all receipts and disbursements. The attached report satisfies that requirement. STATUS OF ISSUE: This report updates the City Council on the City's financial activities through the month stated in the subject line. BUDGET: Not affected by this report. RECOMMENDATION: Motion to receive the monthly financial report. City of Paris April 2022 Financial Report Comments Net to Date Comparison of Revenues: 1. The operations and maintenance property tax and related collections reported are 3.63% more than what was reported in 2021. Current tax collections this year are 96.53% of the tax levy vs. 95.49% last year. 2. Sales taxes are up 3.93% from last year ($202,026). 3. Hotel occupancy taxes are up 2.78% compared to last year ($18,448). 4. Franchise fees are up 8.85% compared to last year ($152,909). 5. Permit fees are up 108.17% from last year ($94,478). Both new residential and new commercial permits are up significantly. 6. Municipal Court fines and related fees are down 0.83% compared to last year ($1,168). 7. Other revenue includes leases, interest, copy fees, birth & death certificates, library fees, mixed beverage tax, and other minor revenues. This revenue is down 12.24% ($64,191). 8. Sanitation fees are flat when compared to 2021 collections being down only $552.67. 9. EMS fees are down 16.93% compared to last year ($325,766). 10. W&S Administration fees are up 24.48% over last year ($137,699). This is in accordance with the 2021-22 Budget. 11. Total General Fund revenues are 2.65% more than last year ($495,748). This mainly due to property tax collections being ahead of last year. General Fund revenues equal 75.01% of the budget with the City being 58.33% through the budget year. 12. Total General Fund expenditures look like they are up 26.89% ($3,499,489) compared to last year. However, this expenditure number includes the $2,500,000 loan that the City gave to PEDC. If the loan is backed out of the expenditure totals, the increase would be 7.68% (999,489). General Fund expenditures to date equal 63.72% of budget (54.07% when adjusted for the PEDC loan.) The City is 58.33% through the budget year. 13. Sewer revenue is up 18.09% ($726,349). This reflects the gradually increasing rates that the City Council has approved to fund the new wastewater plant. 14. Water revenue is up 2.84% ($133,867). 15. Other revenue sources are down 18.74% ($78,147). 16. Total Water & Sewer revenues, ignoring transfers and adjustments, are 8.55% above last year and represents 59.77% of the total budget. 17. Total Water & Sewer expenses are 0.91% above last year at this point and represent 35.25% of the total budget (52.21% adjusted for debt payments to date.) while the City is 58.33% through the budget year. Departmental Expenditure Summary: At this point the City is seven months or 58.33% through the budget year. It is important to remember that expenditures do not occur equally throughout the year. For example, capital expenditures and association memberships are one time expenditures that if made early in the fiscal year can produce a AW12 ,rt -n 1�i Ire Pi�MNIW6_M7270i fie Gener er ; 5ewer, anEFS-a`n­flt—afi`on il-unds there are four departments whose expenditures are over 58.33%. 1. City Council-86.07%.The overage amounts to $27,104 and is due to making the annual insurance payment, public notices, payment of ATCOG membership fee, payment of redistricting consultant, and payment of the elevator maintenance contract. 2. EMS -71.53%. The overage amounts to $438,653 and is due to purchase of minor apparatus, annual insurance payment, equipment maintenance, credit card service fees, medical supplies, and purchase of capital items (ambulance and equipment). 3. General Expenses -67,16% -The overage amounts to $146,627 and is due to making full payments to the non -profits and quarterly payments to the Lamar County Appraisal District. 4. Cox Field Airport -84.30%. The overage amounts to $170,651 and is due to lot mowing invoices from the summer turned in after the start of the new fiscal year, high utility bills due to water leak, building repairs, fuel purchases, and the annual insurance payment. Moo= Over 99% of all of the City operational activity takes place in the General Fund, the Water & Sewer Fund, Airport Fund, or the Sanitation Fund. The other funds are special purpose funds with limited activitir, and usualbi with lex_al restrictions on what their moneirA can be s%ent on. For that reason, I normally only comment on the activity of the General Fund, Water & Sewer Fund, Airport Fund, and the Sanitation Fund. However, if circumstances merited it, I would make comment on activity in one of the other funds. 2. 1 try to anticipate questions you might have about the report and comment on those points, After you receive your packet and review the monthly report, if you have questions about the report, please let the Manager know (or me if you can't reach the Manager) before the Council meeting if possible in case I have to research the answer to your question. That does not prevent you from asking the question at the meeting if you wish to make a point, but it does help prevent questions coming up that I can't answer on the spot and possibly delaying the Council in making a decision. 3. The activity of the Paris Economic Development Corporation is reflected in the monthly report, This is a result of the City performing the bookkeeping functions for this agency, PEDC has its LS r v m m w n v rn m n 0 0 Ln 1p M O o tD tD o0 0� kDD N %t O N tD M N tD m w N Q� 00R '1 'I '- O1 i e1 Ln n tD P t7 n N N 00 N q- -�F V1' z Q N O -4 epi m to M rl 01 01 O Rr a O � nn 00 rl F 1 m rl O O c j N rl M N Ln O N rl 00 rl M r a0 O 01 Ol M � 00 00 O Ol M 01 01 V1 rl O i L d' Q1 V r M lD M lD rl M O N to N tD n Cn ;' O m N to M ZD N W m N n N tD a} n .-i tD n e-1 t/1 ti b) Ln n u1 H rl -A 44 q^ M N emi 0-0 L -Ain LM m eq to O to 00 M L N N to to W e-1 r M tD n N tD M- n 0- a m Lq Lq O v a o N r r n tD N n tD tD ct to O Ln O -4 N O Oq, O 00 ++ M O W n o0 to N ri M O ON1 ''.... tan M L� 00 O m rl 00 O O r 0 Q% M M M W n 00 M O n m O O N 00 i GJ o m tD w .-i v ri to n N m t`OD V>-00 tf1 N LL L C C O :+ C v d CL 3 O a d v C d 7 6 d W t O W r O CL d Ix x v � v LL 9 C 0 N w N O F L = LL C' +' W m LL x m" 'i° N o +. m E F- to 2 LL a v 0 N w O e -I N m Ln n co Dl n n r n n n r n n 4^ dN m v lu Y } v `o w c a) o a) LL E EA V S E LL ~H c Q) cu a a ^ om o K 7 L N 0 W u c a1 O LL o 2 0 0 0 0 0 0 to �o di a N p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p O oioo.-i000p � w O r v1 N M tb N In n Vl r ul N Nul Vl M n O N Ol H ri N a o0 O O1 ul w w M M O R00 O M w O Q R d% V a0 O w N O n n V1 M m ul O1 n O V1 n 191 n V) O Q Y7 CI .'i M M H aNi m 1D In .ti M N Ih .2N d N � N O O O O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 O o O O O O O O O O O O O O O O O O O O O O O O O Q M 0oaio6rtrma66aiod.-ioiooilcoo6oi000d�cop O oornoovi�oln�rn000.-i vire a 1nNm o n ao .-1 r w a N O Q r•I w M Vt vl Ol V) O .ti N O M i. wul lD N H Ovi H m Y O O CO }� } �1 Ol n r •t w w N W n N ll5 H Ol O N N m w V1 Ln M N N a O N M N m w a 7 M r w N d) Y n 1n .� ti ti m ri M {0 d L m N U N p ovaow lnrwvlmao.glnelolttaoa000vor+l-aoo owoww.-i,�amolnoolomcom000monaor000� tt oaro o.O1i ooNrnmv.mam Lryo 0°1OmOti QNp d rvfvao n ob"romao vv R ow m vi d mLn r- m vitr tq .-i m 1b vi rd v ri al Ln Ln r H w Q1 .-1 IA w N N M m It N m m r M O Q N H N N tf al N N N� Ln N H c m N p co O .i O E M .ti .� p vi- f� oln vinon onoo moo elnomlD oo o.-10 Flo moo orvwrwao tr T m o 3 vl o ao ao ..onmtioo .-loop 00 O !91 G a 1V Oi a0 N o6 o r oa 6 o M a0 o6 o N r O R .1 0 0 a of a w o 14 0 a N oo m w m m O N M m .ti al vl V o 00 O m w r V7 w W N w N ta a+ Q tT O O Ol ri o0 0 w N w rl N r` N lD l0 V1 O e 0o Ol M N W w w M m N V N w eY O n r N O N N M C N H N V O w N .ti Ln w N N M M N ul m m N N N N !n ti L U Ln � owlnotiN.�.rwNoononwoolnaomtroo ocnolN tioo,vloinaa�noNNoomvolnwoop It o vi r, vi M ry tf vi .ti r4 '4 ui vi o vi v m o m v o v t 00 .-I ai j0 rn N m m N v vl o o .� m m n w w w w n N O N criw O r ut ut 0a r 1 00 00 0o O N u5 N 3 o t\ N m M N O a0 N a0 N lD Vl O N N m r N Q M M N N M m V Ol N r M N w M a o a N Lo M IL H cCC O a0 ry W w a O M m O m 0 0 0 Vt Ot O M O O N O O O O r oD Ol r M W r Ol O Ol O O Ln Ut N N O O M O ul M O O N ci On tt O M r N O o0 Ort O Orl uMt O O {A jp M r m M o0 N M w N ul M Ol N V M O m w N {n {7 Oi o0 n W a --7.4i r 00 m o n tt w Qi m Q W C V v a N ` Q m CD Ln YO. a=+ U oD L 0 d c m r al C E- j� = O c c t! 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The City Council was approving of the document as drafted, except a request was made to allow for excused absences not to count against the attendance requirements. STATUS OF ISSUE: The following language has been added to Qualifications, Section 1.d: "Attendance at a minimum of 75 percent of all regular meetings beginning July 1 of each year and ending June 30 of the subsequent year. unless otherwise excused by_the remaining members of the Board or Commission." This language mirrors that which is being considered as an edit for the City Council's attendance language in the Charter. BUDGET: N/A OPTIONS: 1. Authorize the Resolution approving the new Policies and Procedures as amended. 2. Request additional edits and/or reject the policy, RECOMMENDATION: 1. Authorize the Resolution approving the new Policies and Procedures as amended. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS REPEALING THE POLICIES AND PROCEDURES FOR BOARDS AND COMMISSIONS; APPROVING NEW POLICIES AND PROCEDURES FOR BOARDS AND COMMISSIONS; MAKING OTHER FINDINGS RELATED TO THE SUBJECT AND DECLARING AN EFFECTIVE DATE. WHEREAS, in 2008, the City Council adopted Policies and Procedures for City Boards, Commissions, and Committees ("Policies") which it subsequently revised in 2010 and 2017; and WHEREAS, the city would be best served by repealing the existing Policies and replacing same with new policies that better reflect current circumstances; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Council hereby repeals the Policies and Procedures for Boards and Commissions last revised in 2017 and hereby adopts the Policies and Procedures (revised 05/2022) attached hereto as Exhibit A and incorporated herein by reference. Section 3. This resolution shall become effective from and after the date of passage. PASSED AND APPROVED this 23rd day of May, 2022. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney POLICIES AND PROCEDURES FOR BOARDS AND COMMISSIONS MEMBERSHIP 1. The following Boards and Commissions shall have seven (7) members: a. Planning and Zoning Commission b. Library Advisory Board c. Main Street Advisory Board d. Traffic Commission 2. The following Boards and Commissions have separate governing documents that set membership, qualifications, selection process, criteria, etc. For details, please reference the following documents: a. Paris Economic Development Corporation b. Civil Service Commission c. Zoning Board of Adjustment d. Band Commission e. Airport Advisory Board f. Paris Housing Authority g. Historic Preservation Commission h. Buildings and Standards Commission Resolution 2020-040 Texas LGC Chapter 143 City of Paris Ch. 9, Exhibit B, Section 16 City of Paris Ch. 2, Art. 2.11 Resolution 2022-016 Texas LGC Chapter 392 City of Paris Ch. 9, Art, 9.05 City of Paris Ch. 4, Sec. 4.03.004 3. Except as otherwise stated in a separate applicable governing document, all members appointed shall serve "at -will" by the City Council. 4. Boards and Commissions may include at least one (1) City Council Member liaison appointed by a majority vote of the City Council, except for the Paris Housing Authority (Reference: Texas Attorney General Opinion KP -006). 5. Boards and Commissions may include at least one (1) City Staff liaison appointed by the City Manager. QUALIFICATIONS 1. Except as otherwise stated in a separate applicable governing document, qualifications for appointment and service on a City Board and Commission shall include: a. No delinquent indebtedness to the city. b. No family relationship within the second degree by affinity (marriage) or within the third degree by consanguinity (blood) to any member of the city council or to the city manager. c. No conflict between the appointee's private interests and duties and their interests and duties as a committee member. d. Attendance at a minimum of 75 percent of all regular meetings beginning July 1 of each year and ending June 30 of the subsequent year, unless otherwise excused by the remaining members of the Board or Commission. City of Paris Board and Commission Policies Revised 05/23//2022 2. Appointees shall take an oath of office prescribed by the City Council prior to taking office. 3. Except as otherwise stated in a separate applicable governing document, all applicants and appointees must be qualified voters of the City of Paris, or of Lamar County if the Board or Commission membership allows for residents in the county. Any other qualifications mandated by State law shall apply. APPOINTMENT 1. Appointments shall be made at the second regular city council meeting in June or as soon thereafter as practical, unless necessary to fill a vacancy. 2. Applications shall be made available to persons interested in serving on a Board or Commission. City staff shall post notice and advertise Board and Commission vacancies. The City Clerk or his or her designee shall collect and review each application for completeness and eligibility. 3. The City Council shall select from the entire slate of eligible nominees. TERMS Except as otherwise stated in a separate applicable governing document, the following shall govern appointment terms. 1. Each appointment shall be for three -years with appointees limited to a maximum of two (2) consecutive full three (3) year terms on the same Board or Commission. 2. If an appointee has prior consecutive service as the result of filling a vacancy, or service on another Board or Commission, prior service shall not be included in the count. 3. Appointees shall be limited to service on no more than one standing Board or Commission. Appointees are not prohibited from serving on additional ad hoc committees or standing boards, commissions, or committees that are purely advisory. 4. Appointees to vacant positions will serve the remainder of their predecessors' unexpired term. REMOVAL Except as otherwise stated in a separate applicable governing document, members may be removed by an affirmative majority vote of a quorum of the City Council. OFFICERS Except as otherwise stated in a separate applicable governing document, the following shall apply for the selection of officers. 1. Officers of each Board and Commission shall include a Chair and Vice -chair. City of Paris Board and Commission Policies Revised 05/23//2022 2. The duties of the chair include calling and presiding over meetings of the Board or Commission 3. The duties of the Vice -Chair shall be to serve as Chair in the absence or disability of the Chair. 4. Officers shall be elected by the membership of the body at their first meeting after the City Council appointment of Board and Commission members. 5. The term of office for officers shall be from July 1St of each year and ending June 30t" of the subsequent year. 6. No officer shall serve more than two full consecutive terms in a single position. 7. Officers may be removed from their office, but not from the Board or Commission, by a simple affirmative majority vote of a quorum of the Board or Commission. MEETINGS Except as otherwise stated in a separate applicable governing document, the following shall govern meetings of the Boards and Commissions. Each Board and Commission shall meet at least quarterly, and more frequently as the Board or Commission shall deem necessary, and at a time and location determined by the Board or Commission. The staff liaison shall have authority to call a meeting of the Board or Commission. Meetings shall be posted at the City Hall Annex Building, and on the City's website, and the newspaper of record shall be sent notice of the meeting at the time of posting. TRAINING 1. Appointments to all Boards and Commission are contingent upon attending a workshop covering Ethics, the Public Information Act, and the Open Meetings Act, which must all be completed within 90 days of taking the oath of office. Failure to complete such training within the designated time period may result in removal. 2. The City Manager or his or her designee shall conduct a training workshop on Board and Commission duties and responsibilities, after appointments are made or as soon thereafter as practical. 3. Appointees shall be required, at the City's expense, to complete any additional training(s) required by any governing statutes, regulations, ordinances, or resolutions. City of Paris Board and Commission Policies Revised 05/23//2022 Item No. 11 i TO: Mayor, Mayor Pro -Tem & City Council FROM: Grayson Path, City Manager SUBJECT: Addendum to Professional Services Agreement with Hayter Engineering, Inc. DATE: May 23, 2022 BACKGROUND: Since October, 2020, the city has contracted with Hayter Engineering ("Hayter") for professional engineering services. Chris Donnan, of Hayter, has been providing almost all of the professional engineering services which would have been provided by a staff city engineer. To date, Mr. Donnan's services have been exemplary. The existing agreement between the city and Hayter provides that it may be terminated by either party with thirty days' notice. Mr. Donnan has made us aware that his need to devote so much time to his work with the city has made it difficult to plan out other work, a situation that is exacerbated by the short termination notice provision. Hayter has asked for a six month termination provision so that once the city has hired a full-time engineer, Hayter has enough time to accept and plan for future work. Hayter has also asked that the city pay a monthly retainer of $6,000.00 against which it will bill Mr. Dorman's work. Hayter's monthly billings have been in excess of $6,000.00 to date. Staff believes that both of these requests are both customary and reasonable. STATUS OF ISSUE: Attached is an Addendum to the professional services agreement which provides for 180 days' notice of termination by either party, or earlier should both parties agree in writing. The Addendum also provides for a $6,000.00 month retainer. Mr. Donnan's services will be billed against that retainer, and in the event that he doesn't bill for at least that amount in any given month, what remains of the retainer after billing will roll over into the next month. The city will never pay for services not rendered. BUDGET: Approval of the Addendum will not impact the budget. The city will pay for engineering services just as it did under the original agreement. RECOMMENDATION: Approve a resolution approving an Addendum to the Hayter Engineering, Inc. professional services agreement. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING A CONTRACT ADDENDUM WITH HAYTER ENGINEERING, INC. ("HAYTER") FOR SERVICES PROVIDED AS ACTING CITY ENGINEER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT ADDENDUM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the parties wish to amend said contract to provide for a 180 day termination clause and to provide for payment of a monthly retainer; and WHEREAS, the City Council finds that the Addendum to Professional Services Agreement attached hereto as Exhibit A and incorporated herein by reference is in the best interest of the city and its residents; and WHEREAS, the City Council hereby authorizes the City Manager to execute the Contract Addendum; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Contract Addendum to Professional Service Agreement is hereby approved as set forth herein as Exhibit A. Section 3. That the City Manager is hereby authorized to execute the Contract Addendum. Section 4. This resolution shall be effective immediately upon passage. DULY PASSED AND APPROVED this 23rd day of May, 2022. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney ART,YWEngineering,inc. k naf " • - • - • - •,• -- Exhibit- •heretoandincorporated by l; herein) dated October 20, 2020 whereby Hayter provides the City with municipal engineering services on an as needed basis. A. Terms and Conditions Section 2, "Termination," shall be amended to read as # • 2. Termination: This Agreement may be terminated by either party upon one hundred eighty (180) days written notice, or upon shorter notice by written agreement of the parties. B. Terms and Conditions shall be amended • include a new •' ATTEST; Janice Ellis City Clerk APPROVED AS TO FORM: Stephanie H. Harris City Attorney CITY OF PARIS Grayson Path, City Manager Date Signed: HAYTER ENGINEERING, INC. M Michael J. nan, P.E./President Date Signed: THE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Grayson Path, City Manager of the CITY OF PARIS, a Texas municipal corporation, known to me to be the person who's name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same on the City's behalf. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF .2022. Notary Public Lamar County, Texas My commission expires THE STATE OF TEXAS § COUNTY OF LAMAR § This instrument was acknowledged before me on this day, by Michael J. Donnan, P.E., President of Hayter Engineering, Inc., a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same on behalf of Hayter Engineering, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF " f'l 'i 20 ,°� � � t r Notary Public Lamar County, Texas My commission expires l - �'/'/`,r ���.'�.,� STEPHANIE�CALDWELL r° : Notary Public, State of Texas ',sr Comm. Expires 11+142023 ,'Wl"0 0 gr11„0� Notary ID 180111797 ro PROFESSIONAL SERVICES AGREEMENT Date: October .,2,,01,,20,2,0,-,"'',"", Client: Citv of Paris PO -Box 9037 Paris, TX 75461 Telephone: 903.784.92.02 Email: gpahparistexas.gov Project Name/Location: 'q ofParis--M . . ...... . .... .. - I 1 7- Scope/Intent and Extent of Services: Provide Municipal Engineering Servlqps�, as requested . ...... . . ..... - - I inwriting _b eCiti . Services shall be on an as needed basis, for al,?eriod of time to be .. ... ........ determin by ih-eCite, Fee Arrangement: * Hourly _ * Lump Sum: Retainer Amount: NIA C Hourly, Not To Exceed$ 13 Other Information To Be Provided By Client: As available for each assignment. Special Terms, Deadlines, Comments, Etc.: NIA Offered By: HAYTER ENGINEERING, INC. ENGINEER p Z. �fh":""'wv Signature Date Accepted By: CITYCITY OF PARIS . ......... - . . ...... CLIENT Signature Date Michael J. Donnan, P.EJPresident Grav son Path/Citv Mamer .. .. ..... . . ....... .. . . Printed Name/Title Printed Najne/Title- rhe Terms and Conditions on the following page ofthis form are a part of this Agreement Terms and Conditions 1. 1 formation Sugbilled,. c tethers The ENGINEER shall be entitled to rely upon and use all such information and services provided by CLIENT or others designated by CLIENT in performing the ENGINEER'S services under this Agreement, without further verification by the ENGINEER. CLIENT shall ensure access for the ENGINEER to properties as necessary for performance of the ENGINEER'S work; provide legal counsel, accountants, insurance consultants, financial advisors or other similar specialists as required for the project-, and provide all criteria and full information as to CLIENTS requirements for the project. 2. Igminati :This Agreement may be terminated by either party upon ten (10) days written notice. 3. Payment: ENGINEER may bill for services rendered monthly. All invoices are payable by CLIENT within 30 days. Hourly rateinvoices shall include reimbursable expenses and labor charges. ENGINEER'S subconsultants shall be billed at ENGINEER'S cost plus a service charge equal to 5% ofthe subconsultants invoice amount. 4. Reuse of Documents: All documents prepared by the ENGINEER are for this project only - they are not intended to be suitable for reuse on extensions ofthe Project. or on any other project. Any reuse without written verification or adaptation by the ENGINEER for the specific purpose intended will be at CLIENT'S sole risk and without liability to the ENGINEER. 5. Notices: Any notices to be given by either party to the other may be affected by personal delivery in writing or by registered or certified mail. 6, Entire Avreemcnt: This instrument contains the sole and entire agreement between the parties relating to the right herein granted and the obligation herein assumed. 7. Texas Law to Apply: This Agreement shall be construed under and in accordance with the laws ofthe State of Texas and will be performable in Lamar County. 8. Legal Construction: If any one or more of the provisions contained in this Agreement shall for any reasons 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 ifsuch invalid, illegal or uncriforccable provision had never been contained herein. 9. Warratn1y: The ENGINEER intends to render its services under this Agreement in accordance with generally accepted professional practices for the intended use ofthe project and makes no warranty, either expressed or implied. Specifically, in this regard, the ENGINEER will endeavor to advise the CLIENT as construction, if any, progresses, but does not in any manner guarantee the performance ofthe construction contractors, nor is the ENGINEER liable in any manner forconstmetion site safety or the means or methods employed by construction contractors in carrying out the work. 10. Indemnification: The CLIENT shall. to the fullest extent permitted by law, indemnify and hold harmless the ENGINEER, its officers.. directors, Indemnification: 11 11 ... ..... .. ...... .. employees, agents and subconsultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs. arising out of or in any way connected with the performance by any of the parties above named of the sery ices under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct ofthe ENGINEER. 11. Opinion of Probable Construction Cost. Any opinion of the probable construction or project cost prepared by the ENGINEER represents the .judgement of a design professional and is supplied for the general guidance ofthe CLIENT. Since the ENGINEER has no control over the cost of labor and material, or over competitive bidding or over market conditions, the ENGINEER does not imply nor guarantee the accuracy of such opinions as compared to contractor bids or actual project costs to the CLIENT. 12. Limitation of Liabilltv: In recognition of the relative risks, rewards and benefits ofthe project to both CLIENT and the ENGINEER, the risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by law, the ENGINEER'S total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this Agreement from any cause or causes, shall not exceed 51100,000.00. Such causes include, but are not limited to, the ENGINEER'S negligence, errors, omissions, strict liability, breach of contract or breach of warranty. 13. 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 commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion orthe date of issuance ofihe final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statues of limitations commence to nin any later than the date when the ENGINEER'S services are substantially completed. 14. Qq jigLiNmaggs: Notwithstanding any other provision of this Agreement. and to the fullest extent permitted by law, neither the OWNER nor the Consultant, their respective officers. directors, partners, employces. contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to. loss of use, loss of profit, loss of business, loss of income, loss Or reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the OWNER and Consultant shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others Involved in this project. 15. Reference Communicatiols: The Consultant may be required to render opinions about the performance or qualifications of others engaged or being considered for engagement by the Client. Those about whom opinions are rendered may, consequently, initiate claims against the Consultant. To help create an atmosphere in which the Consultant may freely report or express such opinions candidly in the interest of the Client, the Client agrees to Indemnify and hold harmless the Consultant against all damages. liabilities or costs, including reasonable attorneys' fees arising from the rendering ofsuch confidential opinions and reports by the Consultant to the Client. 16. The OWNER shall provide prompt written notice to the ENGINEER if the OWNER becomes aware of any fault or defect in the Project, including any errors: omissions or inconsistencies in the ENGINEER'S Instruments of Service. 17. In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and the Consultant agree that a] I disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation. EXHIBIT A Schedule of Per Diem Rates January 17, 2022 Personnel Hourly Rates Principal 190.00 Project Manager 160.00 Project Engineer 140.00 Design Engineer II 130.00 Design Engineer 1 115.00 Senior CAD/Survey Technician 100.00 CAD Technician II 75.00 CAD Technician I 65.00 Senior Administrative Assistant 90.00 Administrative Assistant 75.00 On -Site Observer 90.00 Surveyor 150.00 Survey Technician II 65.00 Survey Technician I 50.00 Survey Crew - 2 Man Party 115.00 Survey Crew - 3 Man Party 190.00 Survey Crew —1 Man GPS 105.00 The schedule of per diem rates may be changed by the ENGINEER at his sole discretion. Time billed for per diem rate services shall be in minimum increments of `/d hour. Item No. 13 Memorandum TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Consideration of and action on the Final Plat of the Goodrum Addition, Lots 1 and 2, Block A, LCAD Property ID 15807 and 15808, located in the 500 Block of SE 1611 Street. DATE: May 23, 2022 BACKGROUND & DISCUSSION The applicant requests approval of a Final Plat. The reason for the platting is for the remodeling conversion construction of an existing garage into a new single family dwelling and construction of a new duplex. Variances are required for approval of the plat and the hearing will be held on 6/7/22. On 5/2/22 the P&Z recommended approval with conditions. Recommendation Staff recommends approval of the Final Plat, subject to the following conditions: 1. Variances shall be approved by the Paris Board of Adjustment as a condition of Preliminary and Final Plat approval prior release of the Final Plat for recording and issuance of any building permits. Preliminary Plat: 2. Pursuant to the City's Zoning Ordinance, Appendix Illustrations, 4. Corner Lot: The setback on the southern end of Lot 2, Block A needs to be a front yard setback, which is 25' in this zone. a. The Developer shall modify the plan to include this larger setback, or apply/provide a variance from the City. 3. Pursuant to the City's Zoning Ordinance, Section 9 Area Regulations, subsection 301(1): In the (2F) zoning districts the minimum lot depth for residential uses shall be in accordance with the following schedule: 100' a. The Developer shall modify the plan to reorient the "front" of the proposed building in Lot 2 to face south, or apply/provide a variance from the City to waive this requirement. Final Plat: 4. A utility easement shall be added to the Final Plat prior to release for final recording, if required by a franchise utility. 5. Comments 1 & 2 from the Preliminary Plat notes withstanding. Page 1 of 2 6. Pursuant to the City's Subdivision Ordinance, Section V. Final Plat (8): location of proposed lots, streets, alleys, easements, parks, building setback lines (both front and side streets), minimum finished floor elevations for each lot in the subdivision and other features required by the City Engineer in review of the preliminary plat, to be shown on the final plat. a. The Developer shall include the finished floor elevation of proposed structures 7. Pursuant to the City's Subdivision Ordinance, Section V. Final Plat: Existing utilities, buildings, drives shall not be shown for sake of clarity. 8. Pursuant to the City's Subdivision Ordinance, Section V. Final Plat (14): The City Clerk of the City of Paris certificate shall be corrected as follows b. In the signature block of the City Clerk, the title shall read "City Clerk, City of Paris, Texas" 9. Pursuant to the City's Subdivision Ordinance, Section V. Final Plat (15): Certification that all taxes and fees have been paid. c. The Developer shall include certification that all taxes and fees have been paid. The City shall verify this. Page 2 of 2 IM Item No. 14 Memorandum T0: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Approve the Final Plat of the Michaels 195 Addition, Lot 1, Block A, located at 5040 FM 195 (LCAD Property ID 50140). DATE: May 23, 2022 BACKGROUND & DISCUSSION, The applicant requests approval of a Final Plat. The property is zoned Ag. The intended purpose for the platting is for the construction of a new single family home. On 5/2/22 the P&Z approved the plat with conditions. Recommendation Staff recommends approval of the Final Plat, subject to the following conditions: The Final Plat shall show the locations of proposed lots, streets, alleys, easements, parks, building setback lines (both front and side streets), minimum finished floor elevations for each lot in the subdivision and other features requested by the City Engineer including the: a. The Finished Floor minimum elevation shall be shown b. Easements shall be extended to the property line c. Rear yard setback lines shall be shown Pursuant to the City's Subdivision Ordinance, Section V(8). 2. The preliminary plat shall be resubmitted with revisions from previous comments prior to release of the Final Plat for recording and issuance of a building permit. Page 1 of 1 B �m9 IF sys� �a®»Sdu�aEsg Ws Saogd ffia� Bigg �gS � g o ,el,mr p m o Ny \ $ J� w I 'G�i• EE 66E �r � 3 ffia� Bigg �gS � g o ,el,mr p m o Ny \ $ J� w I 'G�i• EE 66E �r � yaffi �$ g� E E Yly INS I I �° lw 66E �r � yaffi �$ g� E E lw 8i j -i E a$ S E s e €� o o fan IQ 3 a� It W M u 1.-4 1p, Py, yym':4; tt II t Uj Item No. 15 Memorandum TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Consideration of and action on the Final Plat of the Hill 48 Addition, Lot, 1, Block A, LCAD Property ID 14122, located at 1269 Graham Street DATE: May 23, 2022 BACKGROUND & DISCUSSION The applicant requests approval of a Final Plat. The property is zoned SF -2. The intended purpose for the platting is for the construction of a new single family home. The P&Z approved the Preliminary Plat on March 7, 2022. The P&Z recommended approval of the final plat on 5/2/22 with conditions. Recommendation Staff recommends approval of the Final Plat, subject to the following conditions: 1. The Final Plat shall show the locations of proposed lots, streets, alleys, easements, parks, building setback lines (both front and side streets), minimum finished floor elevations for each lot in the subdivision and other features requested by the City Engineer including the: a. The Finished Floor minimum elevation shall be shown b. Easements shall be extended to the property line c. Rear yard setback lines shall be shown Pursuant to the City's Subdivision Ordinance, Section V (8). 2. The preliminary plat shall be resubmitted with revisions from previous comments prior to release of the Final Plat for recording and issuance of a building permit. 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P I w, --------------- oro y� 151 r. k v pAyM - ------- ------ aPe '- --- M �1 h � � z Item No. 16 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Approve a resolution awarding the City of Paris Grant Application & Administrative Services with Grant Works, Inc. for 2022-2023 TX CDBG Main Street Program. MTG. DATE: May 23, 2022 BACKGROUND The Community Development Main Street Department proposes to re -apply for the TX CDBG Main Street Grant again for 1st St. SE improvements between Lamar and Kaufman. The City applied for the grant last year, but was unsuccessful in receiving a project award. This was largely as a result of not having the previous grant project completed and closed out on Main Street between the square and court house which was completed last summer after the grant application deadline. This year's opening for grant funding provides for a total project scope of up to $575,000 in estimated cost. Of that amount, $500,000 is the state portion (85%) with $75,000 being the local match (15%). The request now before the City Council is two- fold: 1. Award the grant application assistance which is provided to the City at no charge. 2. Pre -authorize the award of the grant administration should the City be successful in being selected for approval of the grant (see attached sample state approved contract format). The grant deadline is July 7, 2022. There are a number of steps, including preparing a carefully defined scope of work and a number of other specific factors which must be identified in the new grant application to be submitted to this year. The announcement timeframe for the grant in relation to the grant deadline was a shortened window this year. This is why this item is being brought to the council a few months earlier than in 2020. The City Engineer will be the designated project engineer for this work. The state guidelines require that a minimum of 3 state qualified grant writing firms be contacted with an RFP. These were sent out on May 4th of this month. They were: ARK-TEX COG, Grant Works, Inc. and Hayter Engineering. Of these 3, only ARK-TEX COG and Grant Works, Inc. submitted proposals. These proposals were reviewed by a Main Street grant sub -committee consisting of Council Member Pankaj, Rob Vine, Andrew Mack and Cheri Bedford. The sub -committee reviewed the 2 proposals and scored Grant Works, Inc. with the highest ranking. RECOMMENDATION Staff recommends approval of a resolution award of the City of Paris Grant Application & Administrative Services with Grant Works, Inc. for 2022-2023 TX CDBG Main Street Program. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES AGREEMENT WITH GRANT WORKS, INC. TO COMPLETE A GRANT APPLICATION UNDER THE GENERAL DIRECTION OF THE TXCDBG MAIN STREET PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris is eligible to apply for grant opportunities from the Texas Capital Fund Community Development Block Grant (TxCDBG) - Main Street Program for an amount up to $500,000.00 to reconstruct ADA sidewalks, streets and infrastructure in downtown; and, WHEREAS, in response to a request for qualifications sent to 3 pre -approved grant administrators, the city received 2 qualified proposals; and WHEREAS, upon review by committee, Grant Works, Inc. has been selected to provide management and administrative services under the aforesaid TxCDBG Main Street Program; and, WHEREAS, Grant Works, Inc. has submitted a proposal in the amount of $38,000.00 for these services, to be paid if a grant is awarded; and WHEREAS, it is deemed to be in the best interest of the City of Paris to retain Grant Works, Inc. to complete the TxCDBG block grant application; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City hereby retains Grant Works, Inc. to complete an application on behalf of the City of Paris, Texas to implement a contract administration system under the general direction of the TxCDBG Main Street Program in connection with walkable street with pedestrian amenities, lighting, and utility improvement along 1St SE from Lamar to Clarksville, and sidewalk replacement from Clarksville to Kaufman. Section 3. That this resolution shall be effective from and after the date of passage. PASSED AND ADOPTED this 23rd day of May, 2022. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Item No. 17 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Public hearing to consider and take action regarding the petition of the City of Paris for a Comprehensive Plan Amendment from Commercial (C) to Low Density Residential (LDR) in the City of Paris, City Block 170-C, Lots 14-C, 14-D, 14-E, 17, 18, 13A, 13, 12, 11, 14-13, PT of 14, 16, 2-1, being located at 2520, 2510, 2350, 2340, 2330, 2320, 2310, 2296, 2286, 2530, 2640, 2710 and 2280 SE 3rd Street, Newberry Addition CB 167, Block 167, Lot 4, being located at 2705 SE 3rd Street, City Block 167, Lot 3B and 5, being located at 2400 BLK and 2735 SE 3rd Street- LCAD #'s 100434, 100439, 101536, 70336, 70937, 70742, 70739, 71188, 71599, 71393, 100436, 106759, 71625, 119215, 71892, 71884 and 71893. DATE: May 23, 2022 BACKGROUND & DISCUSSION Following the City approval of the request by Austin Sugg for a minor Comprehensive Plan amendment from C to LDR of the Future Land Use Map (FLUM), P&Z initiated a FLUM amendment for additional surrounding properties on this block. P&Z concurred with Staff's position that this should be done to create a larger cohesive future land use area for guiding development or redevelopment of this side of 3rd Street SE. This will be far more consistent with the existing low density residential character of the area, rather than for incremental conflicts for commercial development interspersed within the residential neighborhood. This 2 block area along SE 3rd St. for was now scheduled for this public hearing. On 5/2/22 the P&Z recommended approval. INPUTS 2 inputs have been received in favor of the changes. One from Joseph Vincent at 2330 3rd St. SE in writing and one verbally from Sharonn Houchins at 2520 3rd St. SE. RECOMMENDATION Staff recommends approval of this request for a Comprehensive Plan Amendment from Commercial (C) to Low Density Residential (LDR) for the FLUM based upon the current and future uses of this two block area along SE 3rd St. as shown on the attached map. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND ADOPTING REVISIONS TO THE COMPREHENSIVE PLAN AND FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS AS IT PERTAINS TO CITY BLOCK 170-C, LOTS 14-C, 14-D, 14-E, 17, 18, 13A, 13, 12,11,14-B, PART OF 14,16,2-1, LOCATED AT 2510, 2520, 2350, 2340, 2330, 2320, 2310, 2296, 2286, 2530, 2640, 2710 AND 2280 SE 3RD STREET; NEWBERRY ADDITION CB167, BLOCK 167, LOT 4, BEING LOCATED AT 2705 SE 3RD STREET; CITY BLOCK 167, LOT 3B AND 5, BEING LOCATED AT 2400 BLOCK AND 2735 SE 3RD STREET, PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A LOW DENSITY RESIDENTIAL DISTRICT (LDR); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 211.004 of the Texas Local Government Code requires that all zoning regulations must be adopted in accordance with a comprehensive plan and must be designed to lessen congestion in the streets; secure safety from fire, panic, and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; or facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and, WHEREAS, Chapter 213, of the Texas Local Government Code empowers municipalities for the purpose of promoting sound development and promoting public health, safety, and welfare to adopt a comprehensive plan for the long range development of said municipalities; and, WHEREAS, Chapter 213 of the Local Government Code empowers a municipality to define the content and design of a comprehensive plan; and, WHEREAS, Chapter 213 of the Local Government Code provides that a comprehensive plan may: 1. Include but is not limited to provisions on land use, transportation, and public facilities; 2. Consist of a single plan or a coordinated set of plans organized by subject and geographic areas; and 3. Be used to coordinate and guide the establishment of development regulations; and, WHEREAS, the adoption of the proposed Comprehensive Plan shall not, in accordance with Section 213.004 of the Local Government Code, limit the ability of the City of Paris to prepare other plans, policies, or strategies related to land use and land use planning as required; and, WHEREAS, in September for 2001, the City Council adopted a City of Paris, Texas Comprehensive Plan and Future Land Use Plan; and, WHEREAS, said 2001 Comprehensive Plan and Future Land Use Plan and said Land Use Plan Definitions were amended and adopted in May, 2008, and, WHEREAS, in October of 2018, the City Council adopted significant revisions to the Comprehensive Plan and the Future Land Use Plan; and WHEREAS, on May 2, 2022 the Planning and Zoning Commission held a public hearing to review and consider a request to amend the Future Land Use Plan Map as it pertains to the property located on City Block 170-C, Lots 14-C, 14-D, 14-E, 17, 18, 13A, 13, 12, 11, 14-B, Part of 14, 16, 2-1, located at 2510, 2520, 2350, 2340, 2330, 2320, 2310, 2296, 2286, 2530, 2640, 2710 and 2280 SE 3RD Street; Newberry Addition CB167, Block 167, Lot 4, being located at 2705 SE 3RD Street; City Block 167, Lot 3B and 5, being located at 2400 Block and 2735 SE 3RD Street, Paris, Lamar County, Texas, from a Commercial District (C) to a Low Density Residential District (LDR); and, WHEREAS, on May 23, 2022, the City Council of the City of Paris held a public hearing to receive input from the citizens of the City of Paris regarding the proposed amendment to the Future Land Use Plan map; and, WHEREAS, following the public hearing and consideration of the proposed amendment to the Future Land Use Plan map for the City of Paris, the City Council determined that this amendment would be in the best interest of the City of Paris and its citizens, and the same should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Future Land Use Plan Map of the City of Paris, Texas shall be amended to change the potential zoning classifications for the property described as City Block 170-C, Lots 14-C, 14-D, 14-E, 17, 18, 13A, 13, 12, 11, 14-13, Part of 14, 16, 2-1, located at 2510, 2520, 2350, 2340, 2330, 2320, 2310, 2296, 2206, 2530, 2640, 2710 and 2280 SE 3RD Street; Newberry Addition CB167, Block 167, Lot 4, being located at 2705 SE 3RD Street; City Block 167, Lot 3B and 5, being located at 2400 Block and 2735 SE 3RD Street, Paris, Lamar County, Texas, from a Commercial District (C) to a Low Density Residential District (LDR). Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That this ordinance shall become effective from and after its passage. PASSED AND ADOPTED on this 23rd day of May, 2022. Paula Portugal, Mayor ATTESTED: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Q ct pprym � IIIIIIIIIIIIIIIIHM ,� IX IIIIIIIIIIIIIIIIIIIIII Q 3 Immxmw III IIIIIIIIIIIIIIIIIIIIX O IIXIIIIIIIIII fl�Ml I mmmmuX O �I u mxwmm /'� lu umumumuuw uumuummmnmmmmuuw olm uuu m mmumuuuumuX flfl I IIIIIIIIIIIIII IIII �IIIIIIIIIIIIIIIIIIIIX 11X111 T l\��1 IIX mxwmm lu IIIIIIIIIIIIIII ummmmmlw Imumuuu u IIIIIIIIIIIIIIIIIIIIIIII Xumu O IA d r W A l PI nMm �� 4MXIWPoWX&NM9 zn 0 Item No. 18 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Public hearing to consider and take action regarding the petition of Donald Wilson on behalf of Sunrise Ministries Intl Church for a change in zoning from a Neighborhood Service District (NS) to a Commercial District (C) in the City of Paris, Block 249, Lot 35-A, located at 3055 Clarksville Street- LCAD 17987. DATE: May 23, 2022 BACKGROUND & DISCUSSION The applicant requested a rezoning change from NS to C to permit the remodeling of a closed nursing home into a storage rental facility. The use is a prohibited use in the NS District, but is a permitted SUP in the C District. On 5/2/22 the P&Z recommended approval of the rezoning. ANALYSIS The subject property is zoned NS, is guided for retail in the front half and low density residential in the rear half, and is a vacant former nursing home structure. The vacant structure has been the subject of numerous vandalism break-ins over the years since closing, including the illegal overnight sleeping of trespassers. The land to the West is zoned C, is guided for retail, and is a commercial detail shop The land to the North is zoned SF -2, is guided for Low Density Residential, and are single family residences. • The land to the East is zoned NS, is guided for retail, and is an office building. A rezoning application to Commercial is pending for this property. • The land to the South is Zoned PD, is guided for Office, and is a large commercial shopping center. The change in zoning will be consistent with the Comprehensive Plan. The proposed commercial use of the property is more consistent with the existing commercial development along this immediate street area. The change in zoning will permit the conversion of the former nursing home to a commercial use of the property and bring an end to the vandalism that has occurred upon the property for years. RECOMMENDATION Staff recommends approval of the change in zoning from Neighborhood Service (NS) to Commercial (C). ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE CITY OF PARIS BLOCK 249, LOT 35A, LCAD # 17987, LOCATED AT 3055 CLARKSVILLE STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A NEIGHBORHOOD SERVICE DISTRICT (NS) TO A COMMERCIAL DISTRICT (C); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone City of Paris Block 249, Lot 35A, LCAD # 17987, located at 3055 Clarksville Street, in the City of Paris, Lamar County, Texas, from a Neighborhood Service District (NS) to a Commercial District (C); and, WHEREAS, on May 2, 2022, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City Zoning Ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, WHEREAS, on May 23, 2022, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendment to the City Zoning Ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the Comprehensive Future Land Use Plan of the City of Paris, consistent with the City Zoning Ordinance, and in the best interests of the public health, safety, and welfare of the citizens of the City of Paris by a vote of ayes and nays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone City of Paris Block 249, Lot 35A, LCAD # 17987, located at 3055 Clarksville Street, in the city of Paris, Lamar County, Texas, from a Neighborhood Service District (NS) to a Commercial District (C). Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 8. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 23rd day of May, 2022, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney im 11 mlll CM m IIII IIIIIIIIIIIIIIIIIIIIIII mIm uuuuuum mmmmumuum .r" ct 4—m u P4 4—m r?�I V 1 CA "d U w Item No. 19 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Public hearing to consider and take action regarding the petition of Donald Wilson on behalf of Sunrise Ministries Intl Church for a Specific Use Permit (SUP) for a Self-Storage/Mini-Warehouse in the City of Paris, Block 249, Lot 35-A, located at 3055 Clarksville Street- LCAD 17987. DATE: May 23, 2022 BACKGROUND On 5/2/22 the P&Z approved tabling this item and continuing the hearing to their June 6th meeting. The reason for this is that there was insufficient information provided with the application and the applicant was unable to attend the meeting to clarify the plans for the project. Staff has been working with the applicant since this time and additional plans are being prepared to return this item to the P&Z. RECOMMENDATION Staff is generally in support of the request, but recommends tabling and a continuation of the Public Hearing to the June 6, 2022 regular meeting of the SUP application in order for a better plan to be prepared for the building remodeling and upgrading of the existing parking lot improvements. It is recommended that the Council continue the hearing on this item to its meeting on June 27, 2022 so that the item does not have to be republished in the paper and new notices mailed out. ANALYSIS The applicant requested in connection with the rezoning change from NS to C, an SUP to permit the remodeling of a closed nursing home into a storage rental facility. The SUP is a requirement for the commercial storage facility remodeling permit to be approved. The attached plan for the project shows no detail as to these plans. It only represents a line drawing depiction of the existing site improvements for the property. There have been no plans submitted nor discussions with the Building Official with respect to building code requirements for this remodel. The current building contains just under 40,000 s.f. of floor area. The parking lot is in substantial deteriorated condition with an undetermined amount of parking spaces. Two driveway access points exist to the site from Clarksville and water and sewer services are available to the property. Page 1 of 2 Section 12-100 of the Zoning Ordinance requires that "The City Council of the City of Paris, Texas, after public hearing and proper notice to all parties affected and after recommendations by the Planning and Zoning Commission may authorize the issuance of specific use permits for the following types of uses in the following districts: (50) Self-storage/mini-warehouses must have a specific use permit (S) to locate in a Commercial (C) zoning district in the City of Paris, Texas. Section 12-101 further requires that: "The city staff shall review and recommend said Special Use Permit request and the Planning and Zoning Commission in considering and determining its recommendation and the City Council on any request for a Specific Use Permit shall require from the applicant Site plans and supportive plans, information, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed. The City Council may, in the interest of the public welfare and to assure compliance with this ordinance, establish conditions of operation, location, arrangement and construction of any use for which a permit is authorized In authorizing the location of any of the uses listed as Specific Use Permits, the City Council may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous condition. " The applicant in this request has failed to provide any supportive plans, information, operating data and expert evaluation concerning the location, function and characteristics of the proposed use remodeling of the facility for this use. Additional information should be sought from the applicant during the public hearing. It would be appropriate for the applicant to work further with Staff to better develop the proposal whereby the request could be brought back before the P&Z for further consideration and the imposition of appropriate conditions should request be approved for recommendation to the City Council. INPUTS One input was received to date in support of the project from Vicki Eisele residing in a residence to the north of the property located at 3084 Pride Circle. Page 2 of 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO ALLOW A SPECIFIC USE PERMIT (SUP) FOR A SELF-STORAGE/MINI-WAREHOUSE IN THE CITY OF PARIS, BLOCK 249, LOT 35A, LCAD # 17987, LOCATED AT 3055 CLARKSVILLE STREET; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to allow a specific use permit in the City of Paris, Block 249, Lot 35A, LCAD # 17987, located at 3055 Clarksville Street; and, WHEREAS, on May 2, 2022, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City Zoning Ordinance allowing a specific use permit for a self-storage/mini- warehouse and, following said hearing, made formal recommendation to the City Council to approve the requested specific use permit; and, WHEREAS, on May 23, 2022, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendment to the City Zoning Ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid specific use permit would be consistent with the Comprehensive Future Land Use Plan of the City of Paris, consistent with the City Zoning Ordinance, and in the best interests of the public health, safety, and welfare of the citizens of the City of Paris by a vote of ayes and nays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to allow a specific use permit in the City of Paris Block 249, Lot 35A, LCAD # 17987, located at 3055 Clarksville Street. Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section B. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 23rd day of May, 2022, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney 1 1 1 1 ■ IIIIIIIIRw IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Mill IIIIm_IIIIIfI�mIA Illm Ism' IIIIIIIIIIIIIIIII IIIb IIIIIIIIIIIIIIIIIIIIIIImmmmA m11111110 III) II�IIIIIII Im omm orm�l��m �1 R I Yea �A u Gi I I M I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII uluuuuuuuuuuuuuuuuuuuu uluu uluuuuuuuuuuuuum 111 Immo flR m IIWIIIIII�IIIIIIIIIII Gu"�mmuluumwn IIWIIIIIIIIIIIIIIIIIbMmMmlmM IIIIIIIII lulu cloo �I ""�mllum uluuluuo m1u1u IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII uululuuluu m uu �luuluuluuu� mmyy MM IIIIIIIIIIIIIIIIXIIr' IIIIIIIIIIIIIV%" 111111 IIIINmmXlXlllllllllllll IIIIIIIIIIIIIIIIX luummm� mxumw lu mmmuluumw uu numnmmmuu� IIIIIIIIIIII "gym IIRIIIIIIIIIIIIIIIIIINmI IIIIIIIIIIIIIIIIIIIIIIIIIIIII uX uun Mill uuluuluu—, uun uuuluumnmmmulu R mlllll IIIIIIImAX �u tlll 111�111X Illllllllllllllm� Illlllllm IIII�� Iml XIXIIIIIIX CL zi5 "'%"_WOWoo CD HE Item No. 20 Memorandum TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Public hearing to consider and take action regarding the petition of Geneva Knight for a change in zoning from a Light Industrial District (LI) to a One - Family Dwelling District No. 2 (SF -2) in the City of Paris, Block 50, Lot 2, located at 1155 W. Cherry Street. DATE: May 23, 2022 BACKGROUND Public hearing to consider and take action regarding the petition of Geneva Knight for a change in zoning from a Light Industrial District (LI) to a One -Family Dwelling District No. 2 (SF -2) in the City of Paris, Block 50, Lot 2, located at 1155 W. Cherry Street. ANALYSIS The subject property is zoned LI, is guided for Low Density Residential and contains a SF dwelling. • The land to the West is zoned LI, is guided for Low Density Residential and contains a SF dwelling along NW 12th St. on the other side of the trail and tracks. • The land to the North is zoned SF -2, is guided for Low Density Residential, and are single family residences. • The land to the East is zoned LI, is guided for Low Density Residential and contains a SF dwelling. • The land to the South is Zoned LI, is guided for Low Density Residential and is vacant land. The change in zoning will be consistent with the Comprehensive Plan. The proposed residential use of the property is consistent with the existing residential uses of the street area. The change in zoning will permit the reconstruction of the new residence. RECOMMENDATION Staff recommends approval of the change in zoning Light Industrial District (LI) to a One -Family Dwelling District No. 2 (SF -2). ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE CITY OF PARIS BLOCK 50, LOT 2, LOCATED AT 1155 W CHERRY STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL DISTRICT (LI) TO A ONE -FAMILY DWELLING DISTRICT NO. 2 (SF -2); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission received a request for an amendment to the Zoning Ordinance of the City of Paris to rezone City of Paris Block 50, Lot 2, located at 1155 W. Cherry Street, in the City of Paris, Lamar County, Texas, from a Light Industrial District (LI) to a One -Family Dwelling District No. 2 (SF -2); and, WHEREAS, on May 2, 2022, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City Zoning Ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, WHEREAS, on May 23, 2022, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendment to the City Zoning Ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the Comprehensive Future Land Use Plan of the City. of Paris, consistent with the City Zoning Ordinance, and in the best interests of the public health, safety, and welfare of the citizens of the City of Paris by a vote of ayes and nays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone City of Paris Block 50, Lot 2, located at 1155 W. Cherry Street, in the City of Paris, Lamar County, Texas, from a Light Industrial District (LI) to a One -Family Dwelling District No. 2 (SF -2). Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section S. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 8. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 23rd day of May, 2022, by the City Council of the City of Paris, in regular session, following notice and publication as required by law. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney —f .IIIIIIIIIIIIWWid° CJD II m"I�mmmmuumno ouml m uo ommrm� �Ialq�, mnmmuuum IIPIIIIIIIIIIIIIIIImmpN tl mmmu IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII 11111E II�IIIIIU�� Imaa,� L 14 Wlmll�llll Cz IIWI I'lummwmm�mmmll ouulIlulIuuuuuua W III a ouuumn uII IIIIIIIIIIIIIIIIIIIIIIIII mmmn ullumuu Immumuumn a Immmu IIIUmmmNX uo uuuuuuuuuuuu umu ummmmmmmuuum mn mmmuumno u uum �m+�ulmumlol I uu ct 3 u [ I� ^ , Y "d w 6 Item No. 21 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: Discuss and act on a Resolution approving a Residential Tax Abatement Agreement with Paris/Lamar County Habitat for Humanity for the property located at Gibbons Park Addition, Block 2, Lot 22 and East 24 ft. of Lot 23, 743 East Polk (LCAD Property ID 11781) DATE: May 23, 2022 BACKGROUND Habitat for Humanity is seeking approval of building permit to construct a new home at 743 East Polk Street. They have included this property the recently acquired this year on their application for 5 In 5 agreement application, but do not have control over the other 4 lots at this time. Accordingly, staff has worked with the organization to achieve 1 of the 4 incentives of the 5 In 5 program with a 5 year 100% tax abatement. This, similar to an approval 2 weeks ago for the former Westgate site, would modify the standard policy of de-escalating clause to a full 100% over 5 years as in the 5 In 5. Habitat may also wish to pursue the same approvals with Lamar County as well. Upon completion of the house construction, the tax abatement can be re -assigned to the new owner. There may also be an opportunity at that time to add this property into a full 5 In 5 Agreement so as to allow the other 3 incentives under the policy to apply for Habitat over the next five years. This has been the topic of discussion with the organization to this point in time and staff would fully support that recommended action should the additional 4 properties be secured by Habitat prior to completion of the house and any proposed re -assignment of the abatement. RECOMMENDATION Staff recommends approval of a 5 -Year 100% Residential Tax Abatement Agreement with Paris/Lamar County Habitat for Humanity for the property located at 743 East Polk Street. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING A RESIDENTIAL TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS, ("CITY") AND PARIS/LAMAR COUNTY HABITAT FOR HUMANITY, ("OWNER"); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND DECLARING AN EFFECTIVE DATE. WHEREAS, on February 10, 2020, the City Council passed Ordinance No. 2020-005 creating Reinvestment Zone 2020-1, designating certain areas inside the city limits to be eligible for the Residential Tax Abatement Program; and WHEREAS, after a public hearing on April 12, 2021, the City Council of the City of Paris, Texas passed Resolution No. 2021-012 reauthorizing the city to become eligible to participate in residential tax abatements and approving guidelines and criteria for the program; and WHEREAS, Owner has submitted an application for a residential tax abatement agreement related to its purchase and rehabilitation (the "Improvements") of the property located at 743 E. Polk St., Paris, Texas 75460 (the "Property") for the purpose of constructing a new single-family dwelling (the "Improvements:); and WHEREAS, city staff has reviewed the application and the location of the above described improvements (hereinafter "Improvements") and has determined that the property is located within the boundaries of Reinvestment Zone 2020-1 and meets the requirements for Improvements set forth in the guidelines and criteria set forth in Resolution No. 2021-012; and WHEREAS, Owner has a demonstrated track record of constructing quality homes for lower income people in the city, and WHEREAS, the location of the home to be constructed is within the zone set forth in the city's 5 in 5 Housing Infill Development Program dedicated to incentivizing investments in housing in the city's core; and WHEREAS, as such, the City Council finds justification for an upward deviation from the guidelines set forth in said Resolution No. 2021-012; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the terms of the Residential Tax Abatement Agreement and the property the subject thereof meet the City's Guidelines and Criteria for Residential Tax Abatement adopted by the City of Paris by Resolution No. 2021-12 save and except the following: the City Council finds that the project justifies an increase in the percentage of abatement granted to one hundred percent (100%) for five years because: • The Property has been a vacant lot and the Improvements proposed thereto will have a positive impact on the surrounding neighborhood and the area in general; and • The development of the Property will help to alleviate a housing shortage for lower income people within the city. Section 3. That the terms and conditions of the proposed Agreement attached hereto as Exhibit A, having been reviewed by the City Council of the City of Paris and found to be acceptable and in the best interests of the City of Paris and its citizens, be, and the same are hereby, in all things approved. Section 4. That the Mayor is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Paris substantially according to the terms and conditions set forth in the Agreement attached hereto as Exhibit A. Section S. That the planned use of the property the subject of the tax abatement will not constitute a hazard to public safety, health, or morals. Section 6. That this approval and execution of the agreement on behalf of the City is not conditioned upon approval and execution of any other tax abatement agreement by any other taxing entity. PASSED AND APPROVED this 23th day of May, 2022. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney THE STATE OF TEXAS COUNTY OF LAMAR RESIDENTIAL TAX ABATEMENT AGREEMENT This Residential Tax Abatement Agreement (hereinafter the "Agreement) is entered into by and between the CITY OF PARIS, TEXAS, a home rule municipality, situated in Lamar County, Texas, acting by and through its authorized officer whose signature appears below (hereinafter called "CITY"), and PARIS/LAMAR COUNTY HABITAT FOR HUMANITY (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, on February 10, 2020, the City Council passed Ordinance No. 2020-005 creating Reinvestment Zone 2020-1, designating certain areas inside the city limits to be eligible for the Residential Tax Abatement Program; and WHEREAS, after a public hearing on April 12, 2021, the City Council of the City of Paris, Texas passed Resolution No. 2021-012 reauthorizing the city to become eligible to participate in residential tax abatements and approving guidelines and criteria for the program; and WHEREAS, Owner has submitted an application for a residential tax abatement related to its purchase of the property located at 743 E. Polk St., Paris, Texas 75460 (the "Property") for the purpose of constructing a new single-family dwelling (the "Improvements"); and WHEREAS, city staff has reviewed the application and the location of the above described improvements and has determined that the property is located within the boundaries of Reinvestment Zone 2020-1 and meets the requirements for Improvements set forth in guidelines and criteria as set forth in Resolution No. 2021-012; and WHEREAS, Owner has a demonstrated track record of constructing quality homes for lower income people in the city; and WHEREAS, the location of the home to be constructed is within the zone set forth in the city's 5 in 5 Housing Infill Development Program dedicated to incentivizing investments in housing in the city's core; and WHEREAS, as such, the City Council finds justification for an upward deviation from the guidelines set forth in Exhibit 2 herein; NOW, THEREFORE, in consideration of the terms and conditions referenced herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City, and Owner (collectively referred to as "Parties") hereby mutually agree as follows: I. Term 1.1 The Effective Date of this Agreement is May 23, 2022. The five (5) year abatement period set forth herein shall commence on January 1St of the year following City's issuance of a Certificate of Completion. This Agreement shall terminate upon the expiration of the abatement period and the completion of Owner's reporting requirements under Article IX unless otherwise terminated by default or agreement of the Parties. II. Improvements 2.1 The Improvements to be constructed consist of a single-family residential structure with approximately 1209 square feet of enclosed living space located at 743 East Polk St., Paris, Texas, Gibbons Park Addition Block 2, Lot 22 and East 24 ft. of Lot 23, LCAD #11781 and further described in the deed attached hereto and incorporated herein as Exhibit 1. The proposed cost of capital investment in the Property and Improvements is EIGHTY THOUSAND AND NO/100 DOLLARS ($80,000.00) 2.2 Owner shall obtain City approval for all necessary plats, plans, building permits, inspections and green tags as are required by City Ordinance or state law. 2.3 Owner shall allow City access to the Property and Improvements throughout construction and completion of Improvements for inspection purposes. 2.4 Owner agrees and covenants that it will diligently and faithfully, construct the Improvements referenced herein in a good and workmanlike manner to completion within twelve (12) months of obtaining building permits from City. Owner further covenants and agrees that construction of the Improvements will be in accordance with all applicable state and local laws, codes and regulations or Owner will procure a valid waiver or variance thereof. 2.5 Owner shall contact City Building Official for final inspection once Improvements are completed. 2.6 Owner shall notify the Lamar County Appraisal District upon completion of Improvements and request an updated appraisal of the Improvements. 2.7 Owner shall provide City with appraised value of Improvements upon receipt of same from Lamar County Appraisal District. III. Tax Abatement 3.1 Subject to the terms and conditions of this Agreement, and subject to the rights and holders of any outstanding bonds of the City, a portion of the ad valorem property taxes assessed upon the Improvements and otherwise owed to the City shall be abated for a five-year period at 2 one hundred percent (100%) per year.* *Abatement is applied only to increased value of the residential improvements that exceeds the base year value as determined by the Lamar County Appraisal District. The base year value being the assessed value of any improvements that were on the property as of January 1, 2015, the year that this Agreement is signed. 3.2 Said abatement shall be an amount equal to the percentage referenced in the table above for the applicable year but subject, however, to Owner's rights to protest such value and cause it to be adjusted as is provided for under the applicable laws of the State of Texas. This tax abatement shall be implemented and enforced in accordance with all applicable state and local laws and regulations or valid waiver thereof; provided that the Owner shall have the right to protest or contest any assessment of the Property, and said abatement shall be applied to the amount of taxes finally determined to be due as a result of any such protest or contest. 3.3 This abatement is granted in accordance with the City's Guidelines and Criteria for Residential Tax Abatements a copy of which is attached hereto as Exhibit _2 provided, however, in the event of any conflict between this Agreement and the Guidelines and Criteria for Residential Tax Abatement this Agreement shall control. IV. Default 4.1 If (a) the Improvements for which an abatement is being granted are not completed and maintained in accordance the terms of this Agreement; or (b) the appraised value of the Improvements does not satisfy the City's Guidelines and Criteria for Residential Tax Abatement; or (c) Owner allows its property taxes owed the City or any other local taxing entity to become delinquent without a timely protest or appeal; or (d) Owner materially breaches any of the other terms, provisions or conditions of this Agreement, then Owner shall be considered in default of this Agreement. In the event the Owner defaults in its performance of either (a), (b), (c), or (d) above, then the City shall give the Owner written notice of such default and if the Owner has not cured such default within sixty (60) days of said written notice, this Agreement may be terminated by the City. Notice of default shall be given in accordance with Article XI of this Agreement. 4.2 As damages in the event of default in accordance with the requirements of Section 312.205(a)(4) of the Property Tax Code of the State of Texas, all taxes which otherwise would have been paid to the City without the benefit of abatement, together with interest to be charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Property Tax Code of the State of Texas, with all penalties permitted by the Property Redevelopment and Tax Abatement Act and the Property Tax Code of the State of Texas, shall be recaptured and will become a debt to the City and shall be due, owing, and paid to the City within sixty (60) days of the expiration of the above-mentioned applicable cure period as the sole remedy of the City, subject to any and all lawful offsets, settlements, deductions, or credits to which Owner may be entitled. The parties acknowledge that actual damages in the event of default and termination would be speculative and difficult to determine. 3 V. No Conflict of Interest 5.1 The Owner represents and warrants that neither the Property nor the Improvements include any real or personal property that is owned or leased by a member of the Paris City Council or the Planning and Zoning Commission of the City of Paris, or any member thereof having responsibility for approval of this Agreement. VI. Assignment 6.1 The terms and conditions of this Agreement are binding upon the parties hereto and their successors and assigns. 6.2 This Agreement may not be assigned without the express written consent of the City Council of the City of Paris, Texas. VII. Indemnification 7.1 It is understood and agreed between the parties that the Owner, in performing its obligations hereunder, is acting independently, and the City assumes no responsibility or liability in connection therewith to third parties; and Owner agrees to release, indemnify and hold the City its elected officials, officers, employees and attorneys harmless from any claims, lawsuits, damages, costs or attorney's fees arising from or related to this Agreement. VIII. Retention of Records/Audit/Inspection 8.1 Owner shall maintain all fiscal records related to the construction of the Improvements, including, but not limited to: purchase orders, contracts, receipts, materials orders or other fiscal records and supporting documentation for expenditures associated with this Agreement or the Improvements referenced herein. Owner shall retain such records, and any supporting documentation for the greater of: (a) Five (5) years from the end of the Agreement period; or (b) The period required by other applicable laws and regulations. 8.2 Owner grants City, or any of its duly authorized agents or representatives access to and the right to examine Owner's books, accounts, ledgers, purchase orders, records, reports, files, photographs, video and digital tapes/files, electronic files or other documents related to this Agreement or the Improvements referenced herein. The City's access to Owner's books and records will be limited to information needed to verify that Owner is and 4 has been complying with the terms of this Agreement. 8.3 The Owner further agrees that the City, its agents and employees, shall have reasonable right of access to the Property to inspect the Improvements in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations or valid waiver thereof. After completion of the Improvements, the City shall have the right to enter the Property and conduct an inspection of the completed Improvements. IX. Initial and Annual Reporting 9.1 The Owner further agrees that it will, within sixty (60) days of completion of the Improvements, provide the City with the following information: (a) A copy of the deed showing good title to the Property and Improvements in the name of the Owner; (b) A copy of any mortgages, notes, loans, liens financing statements or deeds of trust against the Property and Improvements. (c) Detailed description of the Improvements subject to this Agreement; (d) A copy of the building plans and specifications for the constructed Improvements if same has not already been filed with the City Building Official; (e) The actual cost of the completed Improvements including all labor and materials; (f) The date of substantial completion of the Improvements; (g) A copy of the updated appraisal of the Improvements from Lamar County Appraisal District (if available). 9.2 Owner shall file Annual Reports with the City on or before February 1St of each year stating that Owner is in compliance with the terms of this Agreement. Owner shall also provide notice to City of any ownership changes or transfer or assignments of liens, notes or mortgages related to the Property or Improvements. X. Authority to Contract 10.1. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. 10.2 This Agreement shall constitute a valid and binding Agreement between the City and Owner when executed in accordance herewith, regardless of whether any other taxing unit executes a similar agreement for tax abatement. XI. Miscellaneous Provisions 11.1 No officer, official or agent of the City has the power to amend, modify or alter this Agreement or waive any of its conditions or to bind the City by making any promise or representation not contained herein. 11.2 This Agreement, except by operation of law, shall not be assigned or transferred by Owner, without the prior written consent of City, which consent shall be at the sole discretion of the City. 11.3 Any written notice required or permitted under the terms of this Agreement shall be given and be deemed to have been duly served if either (1) delivered in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the United States mail, addressed to the designated representative of the respective parties which are designated as follows: CITY: CITY OF PARIS, TEXAS Attn: City Manager P. O. Box 9037 Paris, TX 75461-9037 With a copy to: City Clerk, City of Paris, Texas (address same as above) City Attorney, City of Paris, Texas (address same as above) OWNER: Paris/Lamar County Habitat for Humanity P.O. Box 1555 Paris, Texas 75461 11.4 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 this Agreement are declared to be severable. 11.5 This Agreement sets forth the entire understanding between the parties, and any other understandings or agreements shall be canceled and superseded by this Agreement upon the date of execution hereof. None of the terms of this Agreement shall be waived, discharged, altered or modified in any respect, except by an Agreement in writing signed by both parties and specifically referring to this Agreement. The captions in this Agreement are included for convenience only and shall not be taken into consideration in any construction or interpretation of this Agreement or any of its provisions. 6 11.6 This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas. This Agreement shall be performed in Paris, Lamar County, Texas. Venue for any actions arising under this Agreement shall lie exclusively in the courts of Lamar County, Texas, for any State Court action, and in the U.S. District Court for the Eastern District of Texas for any federal court action. Signature page to follow. 7 WITNESS our hands this 23rd day of May, 2022. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney THE CITY OF PARIS, TEXAS Paula Portugal, Mayor PARIS LAMAR COUNTY HABITAT FOR HUMANITY Name: Title: STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared Paula Portugal, Mayor, 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 May, 2022. ,w Notary Public, State of Texas STATE OF TEXAS } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared of Paris Lamar County Habitat for Humanity, 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 May, 2022. Notary Public, State of Texas 0 L,�Q t CE OF CONFIDENT) Y RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR. SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. "TF.J DEED THE STATE OF TEXAS ) 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR THAT I, LYNN PATTERSON, as duly authorized agent and attorney in fact for DORIS PATTERSON (herein called "grantor"), of Lamar County, Texas, for the purpose of making a gift to the grantee hereinafter named; have Granted, Given and Conveyed, and by these presents do Grant, Give and Convey, unto PARIS/LAMAR COUNTY HABITAT FOR HUMANITY, INC., A Texas Nan -Profit Corporation (herein called "grantee"), of the County of Lamar, State of Texas, where its mailing address is P. O. Box 1555, Paris, Texas 75461-1555, all those certain tracts or parcels of land in Lamar County, Texas, described as follows: Two (2) Tracts of land within the corporate limits of the City of Paris, part of the Larkin Rattan Survey; more fully described in Exhibit "A" attached hereto and made a part hereof for all necessary purposes. The conveyance evidenced by this deed is made subject to any and all easements, rights-of-way, restrictions, covenants, conditions and reservations of record applicable to the within described property or any part thereof. TO HAVE AND TO HOLD the within described property and premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto PARIS/LAMAR COUNTY HABITAT FORHUMANITY, INC., A Texas Non -Profit Corporation, its successors or assigns forever. 9A1111 isses6-2021 Pages: 3 DG 11/12/2021 10:06:33 AM By: Julian Lamar County, TX Ruth Sisson - County Clerk 111111 l 111111111411111111111111111111110111111111111111111111111111111111 I I I I WITNESS my hand this I ' day of November, 2021. LYNN ATTERSON, as duly authorized agent and attorney in fact for DORIS PATTERSON TIM STATE OF TE.XAS ACKNOWLEDGMENT COUNTY OF LAMAR TIES instrument was acknowledged before me on, the eday of Novem er, 2021,, by LYNN PATTERSON, in the capacity herein stated. lEy P We '� Xtary 'P lic, State of T4 STATE OF' THIS INSTRUMENT WAS PREPARED SOLELY FROM INFORMATION AND ON INSTRUCTIONS GIVEN TO US BY OUR CLIENTS. NO TITLE OPINION, TITLE EXAMINATION, OR OTHER INFORMATION HAS SEEN FURNISHED TO US IN CONNECTION WITH ITS PREPARATION. CASEY GAIN, ATTORNEY FTER RECO DING RETURN_'x0: PR g IN THE LAW_Of,F[ E OF Paris/Lamar County Habitat for Casey Gain, Attorney Humanity, P. 0. Box 1555 do The Moore Law Firm, L.L.P. Paris, Texas 75461-1555 100 N. Main, Paris, TX 75460-4222 j% e - A W C-Ar-8iMR7li 2' IYY,i Texas tract or paroel of land, a part at the lurkin Rattan surrey in Lamar County. 7exaa,bsing lot 22 and s part of tat 23 in block 2 of the Gibbous Park addition to the Cit? of 7arisl and descrlbed by metes and bounds as follOwei Seginning at a stake 7.n the 28 21he of talk Streets acme being the Sit corner of lot .22 In black 2 of said addition. Thence north with the WB 1112* of ams 150 feet too stake in a 20 toot alley. safes belva Lh* liw oornar at said lot 22 inbloak/76t said Addition; Thanae eaat with the SS line of Said alloy 50 feet$ a etakel being the US corner of lot 22 and the Wd comer of lot 23 of said block 2, coatinuing on soot 23 foot to a striae in the E IM litre of asU lot 231 Thenoe south 154 feet to a stake In the, 10 line of polls Street, Nhieh point Is e,iaa the 5a line of lot 23 in block 2. of said additiont i TLence vast Kith the tit line or said Street and the SB line of Into 22 end 23, 73 feet to the place of bogiadingt ! Beim the Gama pwPorty dasoribea is deed from ifargaret X. Wontgoaxry to marl Ylelds, 1r,dated Soptombar 12, 1946, recorded in toed book 293, pages 121-22 of the reco2ds of Lomar County, Texas. Tphc,iss F. Palld 4 vel or tract of land re d desabed as folior�s2 Lot No, $0, Block Die. 1 of the t�•c OiT+bonc�Pazk Addition in the City of Paris, Texas. Being the asses tract of land j as Trac,. 12 in a certain jqudgemmt of the 62nd. Sud�ieiel. Court, Lar•.at Oounty, T=xas, in Cause No. 25, 700 titled (IMMi].la C. Parmer vs. Ao913uat at a1. Said Judgment being of record in Vol. 4U, pages 5-15'incluslYa, Tamar County, Texas deed records. EXHIBIT #1 ME RESOLUTION NO. _. 2021-012_ 52 ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS RE -AUTHORIZING THE CITY TO BECOME ELIGIBLE TO PARTICIPATE IN RESIDENTIAL TAX ABATEMENTS AND APPROVING GUIDELINES AND CRITERIA FOR THE RESIDENTIAL TAX ABATEMENT PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Sec. 312.002 of the Texas Tax Code requires local taxing entities to state their intent to participate in abatement agreements and to adopt guidelines and criteria for granting tax abatements; and WHEREAS, on October 14, 2013 in Ordinance No. 2013-036, the City Council designated Reinvestment Zone No. 2013-1 for residential tax abatements; and WHEREAS, concurrent with Ordinance No. 2013-036, the City Council also approved Resolution No. 2013-036 electing to be eligible to participate in a residential tax abatement program and approving Guidelines and Criteria for Residential Tax Abatement Program as required by statute; and WHEREAS, on February 9, 2015, the City Council passed Ordinance No. 2015-002 amending Reinvestment Zone 2013-1 for Residential Tax Abatements to expand it to include all Council Districts in the City and designated the new reinvestment zone as Reinvestment Zone No. 2015-1; and WHEREAS, on January 9, 2017, the City Council approved Resoulution 2017-001 re- authorizing the City to become eligible to participate in residential tax abatements and approving guidelines and criterial for the residential tax abatement program; and WHEREAS, on April 22, 2019, the City Council approved Resoulution 2019-013 re- authorizing the City to become eligible to participate in residential tax abatements and approving guidelines and criterial for the residential tax abatement program; and WHEREAS, in 2021, City Council re -authorized Reinvestment zone 2015-01 and renamed it Reinvestment Zone No. 2020-1; and WHEREAS, pursuant to Texas Tax Code Sec. 312.002(c), guidelines and criteria for tax abatements are effective for two years from the date adopted; and WHEREAS, the City Council continues to desire to participate in a residential tax abatement program in the City of Paris and has been presented Guidelines and Criteria for a Residential Tax Abatement Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things so approved. Section 2. The City hereby elects to be eligible to participate in a residential tax abatement program and adopts the Guidelines and Criteria for Residential Tax Abatement Program attached hereto and incorporated herein as Exhibit "A". Section 3. This resolution shall become effective from and after the date of passage. PASSED AND APPROVED this 12th day of April, 2021. NE Steve Clifford, D., May, ATTEST: ?G ice Ellis, City Clerk APPROVED AS TO FORM: teph nie H. Harris, City Attorney RESIDENTIAL TAX ABATEMENT PROGRAM GUIDELINES AND CRITERIA CITY OF PARIS, TEXAS APRIL 12, 2021 I. GENERAL PURPOSE AND OBJECTIVES The City of Paris will offer residential tax abatement as a stimulus for economic development in designated reinvestment zones located within the corporate city limits of the City of Paris, Texas. The policy of the City is to grant residential tax abatement for new residential structures and modernization, rehabilitation or expansion of existing residential structures that meet minimum investment threshold and comply with these Guidelines and Criteria. All applicants shall be considered on a case-by-case basis. II. DEFINITION OF TERMS Act -means the Property Redevelopment and Tax Abatement Act, Texas Tax Code Ann. 312.001 et. seq., as amended from time to time. Agreement -means a contractual agreement between an applicant and the City of Paris for the purposes of tax abatement. Applicant -means an owner of real property or his authorized agent located in a reinvestment zone or proposed reinvestment zone who requests tax abatement in accordance with these guidelines. Base Year Value — means the assessed value of eligible property on January 1, preceding the date of execution. Eligible Property - means new structure or residential improvements located in a designated Reinvestment Zone. Modernization — means the replacement, expansion and/or upgrading of single-family residential improvements for the purpose of reconditioning, refurbishing or expanding a single-family residence. New Structure - means residential improvements made to a property previously undeveloped which is placed into use by means other than or in conjunction with expansion or modernization. Reinvestment Zone - means an area designated in accordance with the Act by the City of Paris. Only property in a Reinvestment Zone may be eligible for tax abatement. Residential Improvements - means the construction of new single-family residential structures and all the appurtenances thereto, and includes modernization of existing structures. This term does not include duplexes or multi -family structures. Total Facility - means all improvements constructed. Pagel of 5 1 Value of Improvements — means the appraised value of the residential improvements as determined by the Lamar County Appraisal District and as described in the tax abatement agreement. III. ELIGIBILITY AND GUIDELINES Any real property located within a designated reinvestment zone and zoned by the City of Paris for single-family residential development is eligible and may apply for residential tax abatement. As provided in the Act, abatement may only be granted for the value of the Residential Improvements which exceed the base year value of the property and which are listed in an Abatement Agreement between the City of Paris and the property owner, subject to such limitations as the City of Paris may require. Minimum Investment — To be eligible for residential tax abatement, an applicant must construct a new structure on their property or make residential improvements to an existing structure in a minimum amount of twenty percent (20%) of the appraised value of the property as of January 1St of the year that the tax abatement agreement between the applicant and the City is signed. Term and Percents a of Abatement - An applicant who has satisfied all the criteria and guidelines for residential tax abatement as set out herein, will be eligible for tax abatement in accordance with the schedule below. Abatement will become effective in the tax year following the date of completion of the improvements and appraisal of the improvements by Lamar County Appraisal District (LCAD). IV. SCHEDULE OF ABATEMENT TAX YEAR ABATEMENT* 1 100% 2 100% 3 80% 4 60% 5 40% 6 Zero% *Abatement is applied only to the increased value of the residential improvements that exceeds the base year value as determined by the Lamar County Appraisal District. V. ,APPLICATION PROCEDURES Applications for residential tax abatement shall be reviewed for completeness. City staff shall determine whether the application satisfies guidelines and criteria and Staff may request additional information or documents from Applicant. City Staff will make final recommendations on each application to City Council. Any person, partnership, organization, corporation or other entity desiring a residential tax abatement to encourage development within a designated Reinvestment Zone shall comply with the following procedural guidelines. All tax abatement applications shall be evaluated on their own merits within the parameters of these Guidelines and Criteria. 1. Preliminary Application Steps A. Applicant or applicant's agent shall submit an "Application for Residential Tax Abatement" contemporaneously with the application for a building permit. If the building permit is for new single family residential construction or expansion or Page 2 of 5 remodeling of a single-family residential structure in an amount that would make the owner eligible for residential tax abatement, then staff will provide applicant with a form application for residential tax abatement. If the applicant for the building permit is not the owner of the real estate and does not make application for residential tax abatement on behalf of the owner, the city staff shall notify the owner (according to Lamar County Appraisal District records) by certified mail, return receipt requested, that residential tax abatement must be filed with the City within ten (10) business days of receipt of the notice. B. If applicant chooses not to apply for residential tax abatement at the time that the building permit is issued, or if the owner fails to respond to the written notice of availability for residential tax abatement, the opportunity for residential tax abatement is waived. City staff shall make a record to reflect owner's election not to participate in the program or to document that owner did not respond to City's notice of opportunity to participate in the residential tax abatement program. The refusal or waiver to participate in residential tax abatement by the owner or applicant shall be binding on subsequent owners of the real property. C. A complete legal description shall be provided. D. Applicant shall complete all forms and information detailed above and submit all forms to the City of Faris Building Official. 2. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. If necessary, applicant will meet with City staff to discuss details of the application and to prepare presentation of the application to the City Council. 3. The application shall designate whether the structure is new or an existing structure and provide an estimate of the value of improvements. 4. If Application for residential tax abatement is approved by staff, Applicant must enter into a tax abatement agreement with the City of Paris and as prepared by the City Attorney. If the Applicant's property is not located within a designated reinvestment zone the application will be rejected and returned to Applicant. 6. The City Council reserves the right to amend the boundaries of a reinvestment zone or to designate new reinvestment zones. 7. The City Council reserves the right to amend these policies and guidelines as needed. VI. LEGAL DOCUMENTATION PREPARATION The City Attorney will be responsible for drafting the Residential Tax Abatement Agreement in accordance with state law and these Guidelines and Criteria. The legal document will include the following: Page 3 of 5 1. Estimated value of new structure or residential improvements to be constructed. 2. Percent of value to be abated each year. 3. Effective date and the termination date of abatement. 4. Description of the Improvements, schedule of completion, property description and/or site plan. Applicant agrees to make the new structure or residential improvements available for inspection by City of Paris, or its authorized representatives, and Lamar County Appraisal District during construction and upon completion of the project. 6. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture and administration. [REMAINDER OF PAGE BLANK] Page 4 of 5 e CITY OF PARIS, TEXAS PLICATION FOR RESIDENTIALTAX ABATEMENT Property Owner: Name: Mailing Address: Telephone Number: Contact (if different than owner): Name: Mailing Address: Telephone Number: Property Requesting Tax Abatement: Street Address: Summary Legal Description Lot: _ --- . Block: _ _...... m _ Addition: Full Legal Description: Include as an attachment a full legal description with metes and bounds. Improvements: Type of Improvements (please check one). New Construction: . ............... e_ Remodeling: Estimated Value of Improvements: Estimated Start Date of Construction: Estimated Date of Completion of Project: Description of Project: Applicant(s): Date: _ Date: Page 5 of 5 ___ 1111 bim cc IIIIIIIIIIIIIIIIIIIIIIIIIIIII cc IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111 1111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Item No. 22 in,G f �MIMA � TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Janice Ellis, City Clerk SUBJECT: SOLID WASTE COLLECTION PERMIT DATE: May 23, 2022 BACKGROUND: Article 12.04 of the Code of Ordinances of the City of Paris regulates the collecting and transporting of solid waste from commercial and industrial units within the City of Paris. Article 12.04 requires that a person or entity must first obtain a solid waste collection permit from the City prior to using the public streets, alleys or thoroughfares within the corporate limits of the City. STATUS OF ISSUE: William Peters, owner of Trash Away Dumpster Rentals, LLC, has filed an application with the City, and submitted the required certificate of liability insurance. This company is new to the City. BUDGET: NA. RECOMMENDATION: Approve the Ordinance authorizing the issuance of a solid waste collection permit to Trash Away Dumpster Rentals, LLC. This ordinance requires five affirmative votes for passage. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO TRASH AWAY DUMPSTER RENTALS, LLC. FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Chapter 12 Section 12.04.042 of the Code of Ordinances of the City of Paris, Texas, requires any person or entity engaging in the business of collecting or transporting solid waste from commercial and industrial units within the city limits to obtain a solid waste collection permit from the City; and WHEREAS, Trash Away Dumpster Rentals, LLC with address an listed as 1997 FM 2216, Honey Grove, TX 75446, has made application for a solid waste collection and transportation permit in accordance with Sec. 12.04.042 of the City Code of Ordinances; and WHEREAS, following review of the application and proof of insurance and upon a finding of public necessity and convenience for issuance of the permit, the City Council of the City of Paris hereby finds by a two-thirds (2/3) majority vote of the City Council that the permit should be issued to Trash Away Dumpster Rentals, LLC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That a solid waste collection permit is hereby issued to Trash Away Dumpster Rentals, LLC, effective May 23, 2022. Section 3. That the referenced solid waste collection permit issued to Trash Away Dumpster Rentals, LLC shall expire September 30, 2022, unless further application for re - issuance of the permit is made by the applicant in conformance with the City Code. Section 4. That each holder of a permit issued pursuant to Sec. 12.04.042 of the City Code of Ordinances shall pay the City of Paris a street use fee for the privilege of operating on the City streets, alleys, and thoroughfares equal to eleven percent (11%) of the gross receipts earned from the waste collected, hauled or disposed of from within the City limits. Section 5. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the provisions of Section 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 23rd day of May, 2022. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney