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Agenda Packet
CITY 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, April 24, 2023. 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 https:Hparistexas.gov/public. 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. A. Recognition of Mary Madewell. B. 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 March 27, 2023 and April 10, 2023. 6. Receive reports and/or minutes from the following boards and commissions: a. Building & Standards Commission (2-23-2023) b. Main Street Advisory Board (3-14-2023) c. Paris Economic Development Corporation (3-21-2023) 7. Receive March monthly financial report. 8. Receive March drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve the Professional Services Agreement with Pridemore Construction for concrete demolition and construction services; and authorize the City Manager to execute all necessary documents. 11. Approve the Final Plat of the K & S Investments Cherry Street Addition CB 227E, Lot 1, Block A, LCAD Property 17643, located at 1958 E. Cherry Street. 12. Approve the Replat of the Fuller & Dohoney Addition, Lot 2A, Block C, LCAD 11455, located at 1125 W. Henderson Street. 13. Approve the Replat of the Gibbons and Braden Addition, Lots 4 & 5, Block 5, LCAD 11558, located at 1244 S.E. 10 Street. 14. Approve the Replat with amended conditions for the Park Place Shopping Center Unit One Addition, Lots 2A, 313 and 3C, LCAD 18578, located at 3064 Clarksville Street. Regular Agenda 15. Discuss and act. on a Resolution approving and authorizing a Tax Abatement Agreement with Ametsa Packaging, LLC, a Texas Limited Liability Company. 16. Discuss and act on an Ordinance amending Appendix A, "Fee Schedule," Section A3.002(b), "Engineering Department Fees," of the Code of Ordinances. 17. Discuss and act on an Ordinance amending Chapter 4, "Building Regulations," Section 4.02.002(a), of the City of Paris, Texas Code of Ordinances to Delete the Residency Requirement for Serving on the Building Board of Appeals. 18. Convene into executive session pursuant to: A. 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 he 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), as follows: • Project Clydesdale • Project Star Port B. Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as follows: City Manager. 19. Reconvene into open session and possibly take action on those matters discussed in executive session. 20. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. 21. 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 April 21, 2023. 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 orjellis@paristexas.gov for assistance. Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS March 27, 2023 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, March 27, 2023, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Paula Portugal Council Members: Gary Savage; Shatara Moore; Mihir Pankaj; Linda Knox; and Clayton Pilgrim City Staff: Grayson Path, City Manager; Robert Vine, Assistant City Manager; Janice Ellis City Clerk; Gene Anderson; Finance Director; Rich Salter, Police Chief; Andrew Mack, Director of Planning & Community Development; Thomas McMonigle, Fire Chief; M.A. Smith, Public Works Director; Todd Mittge, City Engineer; and Clyde Crews, Fire Marshal Absent: Mayor Pro -Tem: Reginald Hughes O enin A Benda 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. Council Member Savage led the pledge. 4. Citizens' Forum. No one spoke during citizens' forum. Consent A enda 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 Pankaj and seconded by Council Member Savage. Motion carried, 6 ayes — 0 nays. Regular Council Meeting March 27, 2023 Page 2 5. Approve the minutes from the meetings of February 27, 2023 and March 13, 2023. 6. Receive reports and/or minutes from the following boards and connnissions: a. Paris Visitors & Convention Council Board of.Directors (1-23-2023) b. Main Street Advisory Board (2-14-2023) c. Paris-Larnar County Health District (11-21-2022) d. Historic Preservation Commission (2-27-2023) e. Housing Authority (2-21-2023) f Love Civic Center (1-12-2023) 7. Receive February monthly financial report. 8. Receive February drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve RESOLUTION NO. 2023-016- A RESOLUTION OF T1 1E CITY COUNCIL OF THE CITY OF PARIS, "IFEXAS, AUTHORIZING THE SUBMISSION OF A 2023 TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE DOWNTOWN REVITALIZATION/MAIN STREET FUND. 11, Accept a community wide housing analysis performed regarding impediments to fair housing as it relates to TxCDBG Programs. 12. Approve the Final Plat of the KoBeck Addition, Lot 1, Block A, LCAD Property 401549, located at 3275 FM 105. 13. Approve the Final Plat of the Avery Estates CB32 Addition, Lot 1, Block A, LCAD Property 13853, located at 102 N.E. 12a` Street. 14. Approve the Final Plat of the Roscoe Estates CB213 Addition, Lot 1, Block A., LCAD Property 129726, located at 2110 Bonham Road. 15. Approve the Replat of the Lake Ranchettes Addition, Lots IA through 8A, LCAD Property 117551, located at 34.5.5 CR 22900. 16. Approve the Final Plat of the Clifford Addition, Lot 1, Block A, LCAD Property 21105, located in the 2000 Block of S.W. 4"' Street. 17. Accept the bids and award contracts for the purchase of roadway materials (Portland Concrete) to the lowest responsible bidder(s) for the twelve-month period beginning April 1, 2023.- and authorize the City Manager to execute all necessary documents. Regular Council Meeting March 27, 2023 Page 3 Regular A genda 18. Receive notification of removal of Dewayne Dangerfield from the Housing Authority Board and appointment of Derrick Hill to fill the unexpired term. Mayor Portugal said the Housing Authority Director Sally Ruthart reported Dewayne Dangerfield had consecutively missed six out of six meetings and that at the Board's last meeting they voted that Mr. Dangerfield be removed from the Board. She also said City Council Policies require attendance at 75% of the meetings, and that she had removed Dewayne Dangerfield from the board. Mayor Portugal said board members for this particular board were appointed by the Mayor, and that she was appointing Derrick Hill to fill the vacant position of the resident member. 19. Receive presentation regarding a Priority Policy regarding Building & Standards Commission City -Wide Demolition Orders. City Planner Andrew Mack said that at the City Council meeting of October 24, 2022, they discussed prioritization of structure demolitions that had been placed on the list of BSC Orders. He explained that since that time, staff had developed an approach addressing the list and better organizing the work effort both in terms ofmapping and prioritizing the list. He also said there was a concerted effort to expand the capacity in-house to increase the annual numbers for demolitions with new equipment to do the work. Mr. Mack said the current list included approximately 103 residences and since late October nine houses had been demolished. He also said that staff anticipates numbers to increase once they were behind spring and wet conditions. He referenced the list of condemned properties and stated BSC Orders for demolition had the highest priority, next were burned structures destroyed by fire, structures along major traveled roadways, in a block with approved 5 -In -5 Agreements and if a structure was structurally dangerous for collapsing on adjoining properties. Mr. Mack said the goal for demolition this year was 50 houses, which included the contractor and in-house team. Assistant City Manager Robert Vine briefly spoke about the deconstruction program whereby contractors would repurpose items such as bricks and wood. Mayor Portugal said that was a great idea. Council Member Pankaj said the map and list were great but asked that staff provide the list by district. 20. Discuss a Residential Landscape Ordinance, and provide direction to staff. Mayor Portugal said at their City Council meeting of February 27, 2023, they heard from a number of citizens regarding trees being cut down, no grass planted, soil erosions, drainage issues, and lack of landscaping required for new development. She also said she would like for City Council to discuss and consider of an ordinance address residential landscaping. Mayor Portugal depicted photographs of a duplex located at 301 N.E. 17a', and said the dirt was washing out of the yard into the street. Council Member Pankaj said from commercial to residential, he was concerned about what he had seen. Mr. Mack said for multi -family or an apartment, they were required to put in landscaping. He also said staff wanted to add to the CO process that they not be issued until landscaping is completed and inspected. Mr. Mack said the new city engineer Regular Council Meeting March 27, 2023 Page 4 was taking erosion control very seriously. Mr. Mack said staff would have to stay on the contractors and developers. Council Member Pankaj said he would like to meet with Mr. Mack on what he has seen in those lacking landscaping. City Manager Grayson Path said some of these projects went back in time and they were not enforced but that staff was trying to catch the new ones. Mayor Portugal inquired how was staff going to make sure erosion control was done. Council Member Knox suggested that a certificate of occupancy not be issued until all boxes checked. Mr. Path said staff could make that part of the process. Mr. Mack said the ordinance did not require landscaping for single-family dwellings. City Engineer Todd Mittge said staff had some work to do on enforcing soil erosion, and it was a large issue. Council Member Savage said if the City requires erosion control on large projects and duplexes, the City should also require erosion control on single-family dwellings. Council Member Pilgrim said he thought it was an enforcement issue. He said the Paris Development Committee had been meeting about some development guidelines and he could bring this up for review. Council Member Savage inquired of Mr. Mittge if he thought this was a high priority. Mr. Path said if it was a high priority for Council, it was a high priority for staff. Mr. Path said he would get with staff and get a CO in place for single-family dwellings and would see what was not on the books that the City needed. Council Member Savage inquired of Mr. Mittge if this was an isolated incident. Mr. Mittge said it was not an isolated incident, that he saw this type of soil erosion all over town. Mayor Portugal inquired if staff needed anything further, and Mr. Path said staff had their direction on this item 21. Discuss and act on ORDINANCE NO. 2023-014: AN ORDINANCE OF THE CITY OF PARIS, TEXAS AMENDING ORDINANCE NO. 2019-045 TO CORRECT THE PROPERTY DESCRIPTION OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE DESIGNATED THEREIN; MAKING CERTAIN FINDINGS; AND OTHER MATTERS RELATED THERETO. City Manager Grayson Path said he would cover items 21, 22 and 23 at this time. He explained on October 28, 2019, November 11, 2009, and February 24, 2020, a prior City Council met and approved the creation of a Tax Increment Reinvestment Zone (TIRZ), authorized under Texas Tax Code Chapter 311. He said at that time, the City worked with a third party consultant to develop documents to create this zone and establish the boundaries. Mr. Path explained that a board was also selected, and the final document was never sent back for revisions due to significant turnover in staff. Mr. Path also said the Zone was never shared with the Lamar County Appraisal District, thus the fund did not begin to accumulate and that it was thought that these were being done. Mr. Path said there was a series of miscommunications due to the challenges the City was going through at that time. Mr. Path reported that it was discovered there were two TIRZ maps created and they were in conflict with each other, and the legal description approved in Ordinance 2019-045 did not support either one of these maps. He said the TIRZ Board had termed out and was currently vacant. He explained this was not an additional tax but taxes collected in a certain area to be set aside for use in that area. He reported there was $97,000.00 in the fund and this was from the growth in downtown. Mr. Path stated these issues were realized this last Fall of 2022 and staff went to work to correct it. Mr. Path said this item was strictly to clean up these problems. Regular Council Meeting March 27, 2023 Page 5 City Attorney Stephanie Harris said she had amended the Bylaws and they were in the Council agenda packets. She also said she the changes she made were done so at the direction of City Council on February 24, 2020 and she had made one addition change that was statutorily required. Mr. Path explained the Bylaws called for five board members, all being residents of Lamar County, and two being city employees. Mr. Path recommended Assistant City Manager Robert Vine and Fire Chief Thomas McMonigle as the two city employee seats. As far as the three remaining positions, he recommended that the City Clerk advertise for these positions along with all other board positions for the Council to review and consider this summer. A Motion to approve item 21 was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 22. Discuss and act on 2023 revisions to the TIRZ Board of Directors Bylaws. A Motion to approve item 22 as explained by the City Attorney Stephanie Harris was made by Council Member Savage and seconded by Council Member Moore. Motion carried, 6 ayes — 0 nays. 23. Consider approving the appointment of Rob Vine, Assistant City Manager and Thomas McMonigle, Fire Chief, as city employee members to the TIRZ Board and to advertise for three non-employee board members. A Motion to approve item 23 as presented was approved by Council Member Pilgrim and seconded by Council Member Moore. Motion carried, 6 ayes — 0 nays. 24. Discuss and act on ORDINANCE NO. 2023-015: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 10, ARTICLE 10.05, DIVISION 4, PART II, "MARKET SQUARE," OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS RELATED TO THE USE OF MARKET SQUARE; AMENDING APPENDIX A, ARTICLE A4.000, "BUSINESS RELATED FEES;" PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY OF CLAUSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Mack explained the Market Public Square had been at the current location for over 100 years, a place where people sold produce and homemade items. He explained over the past 10-13 years, the market had grown becoming one of the best markets in North East Texas and was recently featured at the Real Places Conference in Austin as a model market. Mr. Mack said efforts were continuing to revitalize the Paris Farmers and Artisan Market, expanding the vendor base to include artisans on a limited basis in keeping with the Certified Farmers Market policies. He also said with the growth and changes of the types of vendor uses, it was necessary that the Ordinance be updated. He explained changes were authorized uses, adopted fees, definitions, mapping of the established area, further clarifying the Farmers and Artisan Market, skate park Regular Council Meeting March 27, 2023 Page 6 and playground area, what type of permits and license were needed for participation, and where to find information on the use of the Market Square for special events. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. 25. Discuss and act on ORDINANCE NO. 2023-016: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 7, ARTICLE 7.02, SECTION 7.02.001 OF THE CODE OF ORDINANCE OF THE CITY OF PARIS, TEXAS TO DESIGNATE THE FIRE CHIEF AS HEAD OF THE EMS DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE; A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. City Manager Grayson Path said the EMS Chief position has been vacant for three months and since that time, Thomas McMonigle had been serving as the interim department head. Mr. Path explained he had observed how smooth the operations had been working and noted efficiency by having the Fire Department and EMS Department report to the same Chief. Mr. Path recommended approving an Ordinance to assign the EMS Department to the Fire Chief and administratively allowing the City Manager to create an Assistant EMS Chief using existing budgeted funds. Mayor Portugal, Council Member Knox and Council Member Savage favored this idea. A Motion to approve this item as presented was made by Council Member Pankaj and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. 26. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Pankaj requested a discussion about the housing study be placed on a future agenda. Mr. Path said it would be on the next agenda. 27. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Savage and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays.. Mayor Portugal adjourned the meeting at 6:34 p.m. PAULA PORTUGAL, MAYOR JANICE ELLIS, CITY CLERK MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS April 10, 2023 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, April 10, 2023, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Paula Portugal Mayor Pro -Tem: Reginald Hughes Council Members: Mihir Pankaj; and Linda Knox City Staff: Robert Vine, Assistant City Manager; Janice Ellis City Clerk; Stephanie Harris, City Attorney; Gene Anderson; Finance Director; Rich Salter, Police Chief; Thomas McMonigle Fire Chief, Andrew Mack, Director of Planning & Community Development; M.A. Smith, Public Works Director; Todd Mittge, City Engineer; and Clyde Crews, Fire Marshal Absent: Council Members: Shatara Moore; Gary Savage; and Clayton Pilgrim O enin A Benda 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 Reginald Hughes led the pledge. 4. Citizens' Forum. No one spoke during citizens' forum. Consent A Benda 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 Pankaj and seconded by Council Member Knox. Motion carried, 4 ayes ® 0 nays. Regular Council Meeting April 10, 2023 Page 2 5. Approve the minutes from the meeting of March 23, 2023. 6. Receive reports and/or minutes from the following boards and commissions: a. Paris Visitors & Convention Council (2-21-2023) b. Paris Economic Development Corporation (2-21-2023) c. Planning & Zoning Commission (3-6-2023) 7. Approve RESOLUTION NO. 2023-017: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) FOR THE TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY IN SUPPORT OF THE 2023, 903 CONCERT SERIES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 8. Approve a Pipeline Crossing Agreement between the City of Paris and Union Pacific Railroad Company allowing the City to access the Railroad Company's right of way at property located at milepost 92.92 on the Bonham Subdivision for the purpose of installation of a water line. Re pular A Benda 9. Receive presentation of the police department racial profiling annual report. Police Chief Richard Salter explained that each year Dr. Eric Fritsch's firm compiled data, and prepared the racial profiling report as required by State Law. Chief Salter said that every time an officer wrote a ticket, that data was collected pertaining to race, ethnicity or national origin, and the information was sent to Dr. Fritz. Chief Salter introduced Dr. Fritsch who gave a presentation regarding the 2022 Racial Profiling Annual Report. Following the presentation of the comparative analysis by Dr. Fritz, he reported that the Paris Police Department did not receive any complaints alleging that a peace officer employed by the agency engaged in racial profiling. 10. Conduct a public hearing, and act on RESOLUTION NO. 2023-018: A RESOLUTION 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. Assistant City Manager Robert Vine explained that the current residential tax abatement program was going to expire April 12, 2023 and in order to give residential tax abatements the City must have an approved program. He recommended approval of this item. Regular Council Meeting April 10, 2023 Page 3 Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Portugal closed the public hearing. Planning Director Andrew Mack said there had been discussion internally about considering tax abatements for rehabilitation of residential property. Council Member Pankaj said they were seeing a lot of multi -family dwellings and that was great, but the City needed single-family dwellings. Council Member Knox said she agreed with Council Member Pankaj and emphasized that she did not think they needed to add incentives to multi -family. Mayor Portugal said that Council had not seen what the City needs with regard to housing. Council Member Knox said they had the 5 In 5 Program in place to revitalize old neighborhoods, Ms. Harris said the item before the was for single family residences. A Motion to re -authorize the City to become eligible to participate in Residential Tax Abatements and approve Guidelines and Criteria for the Residential Tax Abatement Program was made by Council Member Pankaj and seconded by Council Member Knox. Motion carried, 4 ayes — 0 nays. IL Conduct a public hearing on proposed amendments to the 2021 International Fire Code, Fire Chief Thomas McMonigle explained that in 2017, the City of Paris updated the City Fire Code by repealing the 2006 edition and adopting the 2015 edition of the International Fire Code (IFC). Chief McMonigle said the IFC was a part of the group of codes developed by the International Code Council in order to provide minimum standards to safeguard the public health, safety and welfare, and to provide for the safety of emergency responders. He also said the ICC codes were drafted and updated by building officials every three years and that local Sovernment a I encies were encour ged to keeji, current with code adoptions to maintain relevance in code enforcement and training, and to improve insurance ratings provided by the Insurance Service Office. Chief McMonigle emphasized that updating the IFC would assist in the City of Paris' ability to promote safety and protect life, health and wellbeing of citizens and guests while keeping current in the City's knowledge and methods in the safeguarding of life and property from fire, explosion, and other hazards. Chief McMonigle answered questions from City Council regarding the ISO rating impact. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Portugal closed the public hearing. 12. Discuss and act on ORDINANCE NO. 2023-017: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, AMENDING ARTICLE 6.04, "FIRE CODE,"To REPEAL THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE AND TO ADOPT THE 2021 EDITION OF THE INTERNATIONAL FIRE CODE; ESTABLISHING LOCAL AMENDMENTS To THE 2021 EDITION OF THE INTERNATIONAL FIRE CODE; PROVIDING FOR ENFORCEENT;MAKING Regular Council Meeting April 10, 2023 Page 4 OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to adopt the 2021 International Fire Code with local amendments was made by Mayor Pro -Tem Hughes and seconded by Council Member Knox. Motion carried, 4 ayes — 0 nays. 13. Conduct a public hearing on proposed amendments to the 2021 Editions of the International Building Code, the International Residential Code, the International Existing Building Code, the International Fuel Gas Coe, International Mechanical Code, the International Plumbing Code, the International Property Maintenance Code, and the 2020 Edition of the National Electrical Code. Building Official Duke McGee said the background of these amendments were similar to those of the Fire Code. Mr. McGee explained by keeping current with minimum building safety requirements the City maintains best practices and helps insure safe and lasting structures. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Portugal closed the public hearing. 14. Discuss and act on ORDINANCE NO. 2023-018: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING THE 2021 EDITIONS OF THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL EXISTING BUILDING CODE, THE INTERNATIONAL FUEL GAS CODE, THE INTERNATIONAL PLUMBING CODE, AND THE INTERNATIONAL MECHANICAL CODE WITH LOCAL AMENDMENTS; ADOPTING THE 2020 EDITION OF THE NATIONAL ELECTRICAL CODE WITH LOCAL AMENDMENTS; AND AMENDING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE REGARDING HISTORIC BUILDINGS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Pankaj and seconded by Mayor Pro -Tem Hughes. Motion carried, 4 ayes — 0 nays. 15. Discuss and act on RESOLUTION NO. 2023-019: A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF PARIS, TEXAS APPROVING AND AUTHORIZING AN ECONOMIC DEVELOPMENT AGREEMENT AND TAX ABATEMENT AGREEMENT WITH PARIS/LAMAR COUNTY HABITAT FOR HUMANITY PURSUANT TO THE 5 IN 5 HOUSING INFILL DEVELOPMENT PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting April 10, 2023 Page 5 Planning Director Andrew Mack said at the City Council's meeting of May 23, 2022, they approved a tax abatement agreement with Habitat for Humanity for the property located at 743 E. Polk. He explained it was the intent of Habitat at that time for the approval of the first of five lots for construction of a new home in their 2022 build under the new 5 In 5 Program. He said at that time the process for obtaining approval of the tax deeds for the other three lots including one lot being divided into two lots were not ready to go. Mr. Mack said they were now prepared to bring forward the full 5 In 5 Agreement for the remaining dwelling units. 16. Discuss and act on a Professional Services Agreement with Catalyst Commercial, Inc., in the amount of $9,630.00, to be split with the Paris Economic Development Corporation, for a Phase I of a Housing Study; and authorize the City Manager to execute all necessary documents. Assistant City Manager Robert Vine said as part of the FY22/23 budget, the City Council set aside funds towards performing a Housing Study. He explained the Housing Study was a tool intended to examine the community's housing needs and make recommendations to impact city policy. Mr. Vine said in consultation with working with Mayor Portugal and PEDC, it was determined that Freese and Nichols was a qualified and well experienced frim fully capable of performing a Housing Study for the City. Mr. Vine reported that Freese and Nichols recommended that a contract be pursued with their subsidiary, Catalyst Commercial, Inc. to perform Phase I for this project. He reported that City Manager Grayson Path reached out to the Philip and Sally Cecil Foundation who are going to pay one-third of the funds for Phase I, that PEDC was going to pay one-third of the funds for Phase I, and the City would pay one-third of the funds for this Phase I. Mayor Portugal confirmed with Mr. Vine that the total cost of Phase I was $9,630.00. Council Member Knox confirmed with Mr. Vine that Phase I should be complete in three months and inquired about the rest of the project. Mr. Vine said he did not have that information but that it was his understanding it would be less than a year. 17. Convene into executive session pursuant to: A. Section 551.072 of the Texas Government Code, to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. B. Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as follows: City Manager. Mayor Portugal convened City Council into executive session at 7:16 p.m. 18. Reconvene into open session and possibly take action on those matters discussed in executive session. Regular Council Meeting April 10, 2023 Page 6 Mayor Portugal reconvened City Council into open session at 7:16 p.m. and said there was no action to be taken. 19. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No future events were referenced. 20. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Portugal and seconded by Council Member Knox. Motion carried, 4 ayes — 0 nays.. Mayor Portugal adjourned the meeting at 7:16 p.m. PAULA PORTUGAL, MAYOR JANICE ELLIS, CITY CLERK Item No. 6 MINUTES OF THE BUILDING AND STANDARDS COMMISSION MEETING OF THE CITY OF PARIS, TEXAS FEBRUARY 20, 2023 The Building and Standards Commission of the City of Paris met for a regular session at 3:03 p.m. on Monday, February 20, 2023, at the City of Paris Council Chambers, 107 E Kaufman St., Paris, TX 75460. Present: Absent: Board Members Adam Bolton Richard Thompson Mike Folmar Reeves Hayter City Representatives: Paula Portugal ®- Mayor Andrew Mack — Director of Planning and Board Members Call meeting to order. Community Development Nicki Brown — Code Enforcement Robert Talley — Code Enforcement Rob Vines — Assistant City Manager Clyde Crews — Fire Marshal Kim Walker Pat Conrad Chris Fitzgerald Reeves Hayter, Chairman, called the meeting to order at 3:03 p.m. 2. Approve minutes from the meeting of January 2023. Motion made by Richard Thompson, seconded by Mike Folmar, to follow staff recommendation. Motion carried unanimously. 4-0 3. Public Hearing to consider presentations by City of Paris Code Inspectors and owner(s) and/or lien holder(s) of the below properties who have been given notice of a violation of Chapter 4, Article 4.03 entitled "Substandard and Dangerous Buildings and Structures;" Chapter 7, Article 7.04 entitled "Weeds, Junk, and Other Objectionable, Unsightly, or Unsanitary Matter on Private Premises;" Chapter 8, Article 8.10 entitled "Outdoor Storage;" Code of Ordinances of the City of Paris, Paris, TX: a. 870 SW 3rd; Locust Hill Block 7, Lot 3A & 4 No contact. Owner: Kellie E McCormick & Kellie N Chapman, 52 Mundt St. Apt B, Denison, TX 75020 Robert Talley stated the structure has been vacant for 4 month, it's unsecure, roof collapsing, holes in roof, back of house roof buckling, missing and deteriorating wood, shed included, and foundation damage. Building and Standards Meeting February 20, 2023 Page 2 Robert Talley's recommendation: Declare a nuisance, demo within 30 days, or city has right to do so. Motion made by Adam Bolton, seconded by Richard Thompson, to follow staff recommendation. Motion carried unanimously. 4-0 b. 505 W Sherman; City Block 136, Lot 16 Contact with fiancee. Owner: Shawn C Armentrout, 505 W Sherman, Paris, TX 75460 Robert Talley stated someone is living in the structure. The owner is in prison and his fiancee is living there. There are tarps on the roof, junk and rubbish on entire property, plywood, furniture, building materials, windows, mop buckets, tires, pallets, no wood on side, mattresses, back caught on fire; and lumber. Robert Talley's recommendation: Declare a nuisance, repair within 30 days, or city has right to do so. Declare junk and rubbish a nuisance, remove within 30 days, or city has right to do so. Motion made by Mike Folmar, seconded by Reeves Hayter, to follow staff recommendation. Motion carried unanimously. 4-0 c. 614 W Sherman; City Block 135, Lot 2 No contact. Jimmie R Willis, 614 W Sherman, Paris, TX 75460 Robert Talley stated the structure is recently vacated, structure is sound, roof is in good shape, no siding on house, can see insulation, and window is open leaving it unsecure. Discussion on repair vs. demolition. Robert Talley's recommendation: Declare a nuisance, repair within 30 days, if not bring back to BSC to assess civil penalties. Motion made by Mike Folmar, seconded by Richard Thompson, to follow staff recommendation. Motion carried unanimously. 4-0 d. 1040 13a' SE; Gibbons -Braden Addition, Block 2, Lot 1 No contact. Joseph Paul Westbrook, 520 E Austin St. Trl #1, Paris, TX 75460 This property recently sold and new owner has not yet been recorded. Building and Standards Meeting February 20, 2023 Page 3 Robert Talley stated that the structure is unsecure, porch is falling in, missing and deteriorated wood, house is leaning toward the street, foundation damage, sinking into ground, add-on porch is falling, and the floor missing inside. Robert Talley's recommendation: Declare a nuisance, demo within 30 days, or city has right to do so. Declare the junk and rubbish a nuisance, remove within 30 days, or city has right to do so. Motion made by Richard Thompson, seconded by Adam Bolton, to follow staff recommendation. Motion carried unanimously. 4-0 e. 1418 W Shiloh; Colonial Addition Block 7, Lot 24 &'/z of 25 Maria L Gallegos, 400 CR 43850, Paris, TX 75462 Robert Talley (Code Enforcement), James Hooten (Community Development), and Cade Oats (Fire Department) have visited this property and talked to the man living in the shed/car. Robert Talley said the slab has caught on fire 3 times, the shed has caught on fire 2 times and a car has caught on fire. There was a man living in the shed, a box the size of a dog house, and he lived in the car at one time. Robert Talley's recommendation: Declare a nuisance, demo shed within 30 days, or city has right to do so. Declare the junk and rubbish a nuisance, remove within 30 days, or city has right to do so. Declare the burned vehicle a nuisance, remove within 30 days, or city has right to do so. Motion made by Mike Folmar, seconded by Adam Bolton, to table this until all members are present. Motion carried unanimously. 4-0 4. Discuss and act on electing Chairman, Vice -Chairman, and Secretary. Motion made by Richard Thompson, seconded by Adam Bolton, to follow staff recommendation. Motion carried unanimously. 4-0 5, Code Enforcement Update: Discuss Deconstruction Program and Prioritizing Demolition Robert Talley gave each of the Commission members a copy of the Program Summary and Guidelines. Discussion — A lot of positive remarks about the program and the effort of putting the program together. Several companies have been contacted to participate in the program. 3 houses have been picked for the first attempt to get the program going. Taking bids and going with the bid that removes the most from the structure. After the bidding company Building and Standards Meeting February 20, 2023 Page 4 removes the items, City Abatement crew will follow in behind as soon as possible. Members recommended using the media to draw attention to the program. Estimating time to get a structure completed is 4-6 weeks. Discussed deconstruction weighing stations/portable scales and the problems this might have. Insurance terminology questioned and will be looked into. Planning on doing residential property only. All deconstruction companies will have to pull a permit and be approved by the Building Official. Faster process was discussed; once a deconstruction is started, need to finish the project. A knock -down date needs to be issued by City for City Abatement Crew to follow up and clean entire property. Prioritizing Demolition — Andrew Mack (Director of Planning and Community Development); the City has been divided into 4 quadrants. 100 properties have been mapped that need to be demolished. Rating process is as follows: High — safety factor, fire, high travel area, 5 in 5 program; Medium — unsecure; Low — Secure, off beaten path. The goal for demolition is 50 structures for this year. The commission asked for a copy of the list. 6. Adjournment. There being no further business, a motion to adjourn was made by Board Member Reeves Hayter, and seconded by Board Member Richard Thompson. Motion carried, 4 ayes — 0 nays. Reeves Hayter, Chairman, adjourned the meeting at 4:08 p.m. Reeves Hayter, Ch firman MINUTES OF THE MAIN STREET BOARD MEETING OF THE CITY OF PARIS, TEXAS 14 March 2023 The Main Street Board of the City of Paris met for a regular session at 4:30 p.m. on Tuesday, March 14, 2023 at the Paris City Hall, Paris City Council Chambers, 107 E. Kaufinan Paris, Texas 75460. Present: Board Members: Greg Kee, Chad Lindsey, Glee Emmite, William Walker, Tyrone Hayden, Kari Daniel City Representatives: Cheri Bedford, Main Street Manager; Andrew Mack, Director of Planning & Community Development; Rob Vine, Assistant City Manager; Reginald Hughes, Mayor Pro Tem Absent: Board Members: Tracy Dougherty City Representatives: Becky Semple, Visitors & Convention Council Liaison; Mihir Pankaj, City Council Liaison; Shatara Moore, City Council Liaison 1. Call meeting to order. Greg Kee, Chairman, called the meeting to order at 4:30 p.m. 2. Citizens' Forum: None. 3. Approve minutes from the meeting of February 14th, 2023. A Motion to approve the minutes was made by Board Member Glee Emmite and seconded by Board Member William Walker. Motion carried, 6 ayes — 0 nays. 4. Receive Activity Report from Glee Emmite regarding City Maps. Currently updating the map to turn over to Marvin Gorley. Receive Activity Report from Greg Kee regarding Wine Fest. All wine vendor slots, food vendor slots and locations have been filled. A map was provided with tentative location of each food and wine vendor. Some musicians have committed but more are needed. Wine glasses came in last Friday. Volunteer sign-up was emailed and will be resent to board members. Receive Activity Report from Glee Emmite on Mini Golf. March 180, 11 — 5 p.m. 18 holes, score card has been printed. Need volunteers. Receive Activity Report from Glee Emmite for Historic Preservation Commission. Met last week and gave a fagade grant check to Laura Harper and Sandra Ables. Trey Watkins presented fagade plan for 37 Clarksville. A request and approval to Certificate of Appropriateness from First Baptist Church to repair front steps and rear fagade. Receive Main Street Coordinator's Report from Cheri Bedford. HPC hosted a Tax Credits Seminar last Tuesday, attended by 25 people. Austin Lukes came from Austin, Texas and met with 5 property owners. Andrew Mack, Rob Vine and Cheri completed the ordinance for the Farmer's Market. It is in the City Attorney's Office for review. Sign up for Farmer's Market vendors will be on line. The Market restroom is going well. May 6th Market opens. There are 3 Food Truck hook ups. In July and August will host a Friday evening event to include music, food trucks and vendors. Cheri will attend the National Main St Conference at the end of month. City Council budgeted an additional $10,000 to HPC for fagade grants. Historic District Plan for the Pine Bluff and Fitzhugh area meeting is 27 April at 5:30 meeting at Hospitality Church of God and Christ. Dr Harold Hunt in 2001 did a walking history tour of that area that is now on YouTube. Imagine the Possibilities tour May 13th 1:00 — 4:00. Properties for Sale and Lease will be highlighted. A Historical Marker will be unveiled. Angled back parking trial on the west side of Plaza that day. Traffic calming measurers continue. Landscape Plan — Currently in Phase 2 of plan. Looking for feedback from Board Members. The final plan presented at the end of April or beginning of May. Andrew Mack — the students are focused on the plants and planting schedule. There will be 3 components: The Plaza, 1St St Area, Farmer's Market. March 22nd 5:30pm meeting with students. Kari, Glee and Chad volunteered to attend. Cost estimates will be presented to City Council in May. Wine Fest planning is going well. 100 tickets have sold. Advertising on several platforms. Jot Form signup is going well. Cheri will send original landscape zoom meeting to everyone. 5. Future Agenda Items: Keri suggested a change to meeting time. 6. Adjournment. There being no further business, a motion to adjourn was made by Board Member Chad Lindsey and seconded by Board Member Tyrone Hayden. Motion carried, 6 ayes — 0 nays. Greg Kee, Main Street Chairman adjourned the meeting at 5:14. Page 1 of 3 '07Ea107 East Kaufman St. . Paris, Texas 75460 MINUTES Board Members Present: Staff Present: Josh Bray, Chairman Maureen Hammond, Executive Director Chase Coleman, Secretary/Treasurer Lauren Trejo, Economic Development Specialist Stephen Terrell Stephen Kelly, Executive Assistant Erik Roddy Mark Homer Legal Counsel: Casey Gain, PEDCAttorney Paula Portugal, Mayor Guest(s) Present: Reginald Hughes, Mayor Pro Terri/Liaison Mary Madewell, The Paris News Clayton Pilgrim, City Council Liaison Pam Anglin, President PJC Call to order Chairman Josh Bray called the monthly board meeting of the Paris Economic Development Corporation to order at 5:30 p.m. on Tuesday, March 21, 2023. Mr. Bray noted a quorum was present. Mr. Roddy gave the invocation. Welcome and Opg!jjRgAenjar4 Mr. Bray opened by thanking everyone for being in attendance. Citizens' int Ru Chairman Bray invited those present to speak during the Citizens' Input. No one came forward and the Citizens' Input was closed. PEDC Board Meeting Minutes Tuesday, March 21, 2023 Page 2 of 4 Discuss and Consider A !oval of theIT Minutes oftheRqgqIAE.Mp@tin& held February 21, 023 Mr. Roddy made a motion to approve February 21, 2023, minutes. Mr. Coleman seconded the motion. Vote: 4 -ayes to 0 -nays Discuss and Consider ApRjoval of the February. 2023 Financial Statements Secretary/Treasurer Chase Coleman presented financial reports ending February 28, 2023. Mr. Coleman noted February's sales tax revenue came in at $205,618, which is the highest recorded monthly sales tax revenue within the last 10 years. Mr. Bray inquired about the PEDC investment account, currently being managed by the City through the Texas Investment Pool. Mr. Roddy inquired about the PEDC's deposits in reference to the depository bid recently issued and awarded to Liberty Bank by the City. Following discussion, Ms. Hammond agreed to research and report back. Mr. Terrell moved to approve the February 2023 financial reports. Mr. Roddy seconded the motion. Vote: S -ayes to 0 -nays Report !a Executive Director Maureen Hammond Workforce Solutions Northeast Texas 2022 Partnership Award: Ms. Hammond highlighted that during a recent ceremony in late January, Workforce Solutions Northeast Texas presented a 2022 Partnership Award to the PEDC. She continued by reading the following statement from Mr. Bart Spivey of Workforce Solutions to the board: "The Workforce Solutions Northeast Texas Partnership Award is given to those partners that support the mission of workforce development in Northeast Texas. The Paris Economic Development Corporation has been a strong advocate for Workforce Solutions Northeast Texas in our efforts to serve the businesses, workers, and job seekers in the area. The PEDC has provided $80,000 towards the High Demand Job Training grant program over the last five years. These funds have allowed the Board to apply for an additional $80,000 from the Texas Workforce Commission. Every dollar of these funds has been invested into local training initiatives, aimed to create a more skilled workforce for area employers. Additionally, the PEDC and Workforce Solutions Northeast Texas worked together in 2022 to support a group of dislocated workers in their efforts to find new careers after a business closing. This type of collaboration is essential to the mission of workforce development and we are incredibly fortunate to have partners such as the Paris Economic Development Corporation to help carry out this mission." EDA Grant for Northwest Industrial Park: Ms. Hammond reported on the current status of the grant. She noted that the environmental assessment was completed on Mar. 13 and that notification of the EDA's decision to grant funding should occur in the coming weeks. Lionshead Specialty Tire & Wheel, LLC.: Ms. Hammond gave an update on Lionshead by stating they have executed a contract with their local contractor and should be sending a notice to proceed any day. She also noted that the company is working on a development agreement with the city and are in the process of ordering equipment. Hiring is not anticipated to start until 2024. PEDC Board Meeting Minutes Tuesday, March 21, 2023 Page 3 of 4 Universal Fabricating USA, Inc: Ms. Hammond reported that the performance agreement between the PEDC and Universal Fabricating had been executed on March 10, 2023, which was the day the project was announced. She went on to note that they will hire their first local person this week and have had several Canadians relocate to Lamar County. 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: a) Project Clydesdale b) Project Star Port 2) Pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the purchase, exchange, lease, or value of real property. Chairman Bray convened the Board into Executive Session at 5:43 p.m. Reconvene into Open Session and Consider Action on ItemisLDiscussed in Executive Session Chairman Bray reconvened the Board into Open Session at 6:40 p.m. Mr. Coleman made a motion to approve the performance agreement for Project Star Port as presented. Mr. Roddy seconded the motion. Vote: 5 -ayes to 0 -nays Mr. Coleman made a motion to amend Section 3.3 D.4 of the Lionshead agreement for an additional forty-five days. Mr. Terrell seconded the motion. Vote: 5 -ayes to 0 -nays Discuss Future Agenda Items No future agenda items were brought forward to discuss. Closing Remarks None Ad'*ourn Mr. Coleman made a motion to adjourn the meeting. Mr. Roddy seconded the motion. Vote: 5 -ayes to 0 -nays PEDC Board Meeting Minutes Tuesday, March 21, 2023 Page 4 of 4 Chairman Bray declared the meeting adjourned. The meeting was adjourned at 6:42 p.m. Respectfully submitted, Stephen Kelly Executive Assistant Paris Economic Development Corporation Item No. 7 Memorandum TO: Mayor, Mayor Pro -Tem, and City Council Grayson Path, City Manager FROM: Gene Anderson, Finance Director SUBJECT: MARCH 2023 FINANCIAL REPORT DATE: April 24, 2023 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 March 2023 Financial Report Comments Net to Date Comparison of Revenues: 1. The operations and maintenance property tax and related collections reported are 0.58% less than what was reported in 2022. Current tax collections this year are 95.54% of the tax levy vs. 96.14 % last year. 2. Sales taxes are up 10.75% from last year ($506,125). 3. Hotel occupancy taxes are up 8.37% compared to last year ($33,807). 4. Franchise fees are up 8.88% compared to last year ($155,020). This increase is due to a larger Atmos Gas payment. 5. Permit fees are up 41.71% from last year ($64,418). This increase is primarily from new commercial permits. 6. Municipal Court fines and related fees are up compared to last year increasing 22.19% ($27,193). 7. Other revenue includes leases, interest, copy fees, birth & death certificates, library fees, mixed beverage tax, and other minor revenues. This revenue is up 22.19% ($27,193). The bulk of this increase comes from increased interest earnings. 8. Sanitation fees are down by 25.09% when compared to 2022 collections ($36,601). This decrease was planned in the current budget. More fees are going to the Sanitation Fund. 9. EMS fees are up 35.96% compared to last year ($517,908). 10. W&S Administration fees are flat compared to last year. This is in accordance with the 2022-23 Budget. 11. Total General Fund revenues are up 8.35% compared to last year. Sales taxes, property taxes, interest earned, and EMS fees account for most of the increase. General Fund revenues equal 70.45% of the budget with the City being 50.00% through the budget year. 12. Total General Fund expenditures are down 10.90% ($857,336) compared to last year. General Fund expenditures to date equal 47.30% of budget with the City being 50.00% through the budget year. 13. Sewer revenue is up 12.03% ($490,847). 14. Water revenue is up 3.72% ($155,938). 15. Other revenue sources are down 0.97% ($3,014). 16. Total Water & Sewer revenues, ignoring transfers and adjustments, are 7.50% above last year and represents 50.43% of the total budget with the City being 50.00% through the budget year. 17. Total Water & Sewer expenses are 10.48% above last year at this point and represent 30.21% of the total budget (52.91% adjusted for debt payments.) while the City is 50.00% through the budget year. Departmental Expenditure Summary: At this point the City is six months or 50.00% 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 distorted expenditure percentage. Within the General, Water & Sewer, Airport, and Sanitation Funds there are seven departments whose expenditures are over 50.00%. 1. City Council -55.18%. The overage amounts to $7,196 and was due to the annual payment of insurance, ArkTex Council of Governments dues, and election expenses. 2. City Attorney -50.31%. The overage amounts to $1,172 and was due to payment to outside attorneys. 3. Finance -52.83%. The overage amounts to $13,401 and was due to making the annual software lease payment, and the annual insurance payment. 4. Fire -50.80%. The overage amounts to $42,956 and was due to building and grounds maintenance, annual payment on fire truck debt, and the annual insurance payment. 5. Engineering -64.98%. The overage amounts to $44,858 and was due to the annual insurance payment, and interim engineering costs. 6. EMS -57.42%. The overage amounts to 299,848 and was due to overtime, the annual insurance payment, maintenance on radios, vehicles, and an annual lease payment. 7. General Expenses -53.97%. The overage amounts to $73,908 and was due to the annual payments to non-profit entities and hotel tax payments to the Chamber of Commerce. General comments to the City Council: Over 99% of all of the City operational activity takes place in the General Fund, the Water & Sewer Fund, or the Sanitation Fund. The other funds are special purpose funds with limited activity and usually with legal restrictions on what their money can be spent on. For that reason, I normally only comment on the activity of the General Fund, Water & Sewer 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 own managing board. .7111f711�`. o1Oo 0 o r -I un W d' N 00 0 n N 000 m m 00 N M O M I" rl 00 M zj. 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N N N N N N N N N N N N N N a M M00 00 01 Ch O l0 O O O ri r -I H r -I TT qT �� d n 0 0 0 0 0 0 r -I r -I N N N N N N N N N N N N N M M M M M M m m m m M M m m m mm m M M M 000000 O O,O 0 0 0 0 0 0 O O O'O 101 z O `n w w w w w w w w w w Y a ]C a m LOU ]C a Y a Y a 2 U ]C a 2 U 2 2 2 2 2 '', 2 Y a Y s Y a Y a M U Z Z w z_ z_ Z o Z 0 E E 0 0 E 0 z_ z_ z z 0 Y Y b Y Y ]G Nd Ne Y Y Y Y Y Y Y Y Y Y Y Y U U U U U U U U U U U U U U U 'U U U U w w w w w w w w w w'w w w w w'w w w w' 2 2 w 2 U U iOC U U',U U U U U U U U'U U U U U U UI C W J m O' W W W W W W W W W W d Y Y = Y Y Y = Y = _ _ _ _ _ = Y Y Y Y = a a u a a a U a u u U U u U U a s a a U z z o z z z o z o;o 0 0 0 0 0 z z z z o J J J cn cn Lf) O O CC w w LL J J W U U U a a (� 4-0 CC im 0 Ne a a 0 N LL LL J LL 0 J O m g 0 LL 0 66 02S W W z W W J J Ln J m N N N O N J m N 0 VI CD 0] Y cc Y J Y p D: t z z a z Iz- Q a O z z w z z j o V a a U a u a,a a v a a a � N H (A CO m m Y Q V) O O V) Vf O O 00 m 0 0 Vf H O O ri O ''.. ri O O N ri O Ol -1 Q O I Ln mt I m I mt 1 N V M q* m m 00 m N ri d R* M r-1 d m l0 N z O W N = z V Q W V) V) VI N V) Ln N V) V) V) V)'' N V) V) V) V1 V1 VI V) V) V) CL H H H W H W H W H W H W H W H W F- W W W W W W d W W W W W W W W Q W W W W W W W W W W W W W W W W W W W Wut�n` w w cc w w w w w w D: � N N N N N N N N fnN tn tn Ln tn V) V)� (n Item No. 9 Code Enforcement Report: March 2023 Cases Worked: 210 Cases Completed: 145 Lots Abated: 9 Other Work by Abatement Crew: Tree & Brush Removal — 2 days Removed Tires — 4 days Removed Illegal Dumps — 8 days Repaired/Serviced Equipment —1 days Worked Downtown —1 days Worked at Civic Center — 2 days Building and Standards Report: March, 2023 There was no BSC meeting in March There were 5 structures demolished in March, 2023: 702 Booth 1314 W Austin 2211 E Polk 337 E Washington 1330 NE 20th Item No. 10 Memorandum TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: M.A. Smith, Public Works Director Mike Wade, Streets Department Superintendent SUBJECT: ANNUAL CONCRETE DEMOLITION AND CONSTRUCTION BIDS DATE: April 24, 2023 BACKGROUND: This is the annual bid for curb/gutter, standard driveway approaches, and reinforced concrete sidewalks to be used primarily, but not exclusively, by the Street Division, Water Distribution, Sewer Maintenance, and Parks Divisions of the Public Works Department. If other departments are in need of concrete work, we attempt to utilize bid pricing through this contract as it applies. The bid tabulation sheet is attached for details of the bids. STATUS OF ISSUE: The City of Paris Public Works Department received two sealed bids for concrete work and would like to award the bid to the lowest responsible bidder pursuant to Resolution 2020-052 for construction project bidding. Contract period will be from May 1, 2023 through April 30, 2024. BUDGET: Funding is budgeted in the various Public Works Departments. RECOMMENDATION: Award the bid to Pridemore Construction as indicated on the attached bid tabs, in the approximate amount of $308,225.00 based on listed estimated quantities. The actual total cost will depend on projects which are as needed. The award of this bid will lock in the quantity figures listed in the attached tabs. CITY OF PARIS Pridemore Construction Richard Drake Cole Pridemore Construction 2023-2024 CONCRETE BIDS 600 CR 22920 Tex Horton Paris TX 75460 6290 Hwy 271 N 903.495.2488 Powderly TX 75473 Item 903.732.4781 6" typical curb and gutter Linear Ft. $33.00 $36.00 Quantity 1 4500 1 LF IRemoval 4500 $6.50 $7.00 Total $39.50 $43.00 Subtotal $177,750.00 $193,500.00 WPA style curb and gutter Linear Ft. $59.00 $69.60 Quantity 50 LF Removal 50 $9.00 $8.50 Total $68.00 $78.10 Subtotal $3,400.00 $3,905.00 Driveway apporach installation Sq. Ft. $10.00 $11.25 Quantity 4000 SF Removal 4000 $2.00 $3.35 Total $12.00 $14.60 Subtotal $48,000.00 $58,400.00 Sidewalk city standard Sq. Ft. $8.50 $9.40 Quantity 2500 SF Removal 2500 $2.00 $3.70 Total $10.50 $13.10 Subtotal $26,250.00 $32,750.00 Valley gutters Sq. Ft. $14.25 $16.60 Quantity 2500 SF Removal 2500 $5.50 $7.00 Total $19.65 $23.60 Subtotal $49,375.00 $59,000.00 Concrete street repairs Sq. Ft. $9.00 $17.00 Quantity 2001 SF Removal 200 $9.50 $7.00 Total $18.50 $24.00 Subtotal $3,700.00 $294.50 Tota I Cost J. $308,475.00 $347,849.50 Item No. 11 Memorandum TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Todd Mittge, City Engineer SUBJECT: Consideration of and action on the Final Plat of the K and S Investments Cherry St Addition Lot 1, Block A, LCAD Property ID 17643, located at 1958 E Cherry St DATE: April 18, 2023 BACKGROUND The applicant requests approval of a Final Plat for the K and S Investments Cherry St Addition in order to establish a building site for the development of a two family home. RECOMMENDATION Staff recommends approval of the Final Plat as submitted. W 1m Qn i Z g Es$ $P k F•— g,,_ H€ e 1 s� Q W O N......... IQ ° MZWN fit LL IN z a_ # Ut£ Ea°s E gi . b jai w s ]e E itgal Uffli g� 8 1214 �Otjj $ Wa-szss I i a Ito I iN 1 i WZ I 2N u�R f C N � o x — � 3jl I I —�—_—J�— y� qy I I Q Item No. 12 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Todd Mittge, City Engineer SUBJECT: Consideration of and action on the Replat of the Fuller & Dohoney Addition Lot 2A, Block C, LCAD Property ID 11455, located at 1125 W Henderson DATE: April 18, 2023 BACKGROUND The applicant requests approval of a Replat for the Fuller & Dohoney Addition in order to create a new parcel for development of a parsonage. RECOMMENDATION Staff recommends approval of the Replat subject to the following conditions: 1. The southern property line does not have a bearing attached. If this is intended to read as "due west" then no modification is needed. If that is not the case then a more detailed bearing shall be attached to the south most property line in order to ensure reproducibility. (Chapter 9A, Section V, (7) (9)) 2. It should be noted that the remainder of lot 2 created by this plat to the east of the parcel being platted has a width of 50'. This parcel would require 5ft of ROW dedication if it were ever platted and would at that time become a substandard parcel. I Ig fil I Item No. 13 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Todd Mittge, City Engineer SUBJECT: Consideration of and action on the Replat of the Gibbons Braden Addition Lot 4R, Block 5, LCAD Property ID 11558, located at 1244 14th St SE DATE: April 18, 2023 BACKGROUND The applicant requests approval of a Replat for the Gibbons Braden Addition in order to correct parcel boundaries for the development of a two family home. RECOMMENDATION Staff recommends approval of the Replat subject to the following conditions: 1. The signature block shall be updated to reflect what is listed in the subdivision ordinance for a final plat (Chapter 9A, Section V, (14)) 2. The zoning is incorrectly listed and shall be updated or removed as indicating the zoning is not required on a re/final plat (Chapter 9A, Section IV, (10)) RE -PLAT OF LOT 4R, BLOCK 5 OF THE GIBBONS AND BRADEN ADDITION E'/.Al'SHCIOo'I;tiC.' A 13.Y'7 AC'/LE' %'R.1('"Y'S11'I,A%kd7l.\' I HE /.ARKI.V RA%%a.V 51;R7'F. Y. AHSlYGAC7:k'O. 77& LLNAR C'OL-,V7'Y. TEXAS. AND BEING.41J. OL' 1.07'1, BLO('R .S. AY0,1LL (I! LOPS. BL(1CH'SOFT/1!i Pi1H3(7:V.S'.I.VLDHR.AlDf4'A1)/)!%YCI.\' AC('ORD/NG 7'0 THR'YLA7' lVERF,OFAS RF('Ok(r6D LV I.NV£/ OkF 5•H. C/AT R/'CORA£ /.A,N.IR C011.N7Y, 7%XAS i i S 895527 E J2500 OF BAVlAJVIAV ,I LOT 4R. BLOCK 5� ^ �� 022 ACRES w r. N 895527' W 125.00' a 1 RE -PLAT OF LOT 4R, BLOCK 5 OF THE GIBBONS AND BRADEN ADDITION E'/.Al'SHCIOo'I;tiC.' A 13.Y'7 AC'/LE' %'R.1('"Y'S11'I,A%kd7l.\' I HE /.ARKI.V RA%%a.V 51;R7'F. Y. AHSlYGAC7:k'O. 77& LLNAR C'OL-,V7'Y. TEXAS. AND BEING.41J. OL' 1.07'1, BLO('R .S. AY0,1LL (I! LOPS. BL(1CH'SOFT/1!i Pi1H3(7:V.S'.I.VLDHR.AlDf4'A1)/)!%YCI.\' AC('ORD/NG 7'0 THR'YLA7' lVERF,OFAS RF('Ok(r6D LV I.NV£/ OkF 5•H. C/AT R/'CORA£ /.A,N.IR C011.N7Y, 7%XAS Item No. 14 Memorandum TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Todd Mittge, City Engineer SUBJECT: Consideration of and action on the amendment of approval conditions of the Park Place Shopping Center —Unit One Addition Replat (Approved with Conditions December 12, 2022) DATE: April 18, 2023 BACKGROUND City staff requests an amendment to approval conditions 1 and 4 that were approved by the 12-12- 2022 City Council. City staff has reached an agreement with the developer to resolve these issues on the site plan. RECOMMENDATION Staff recommends amendment of the following approval conditions: - -- -.60NO W a. The City Staff is requesting that this approval condition be amended to say that a solution concerning the loading ramp shall be resolved via the site plan in a way that is satisfactory to the Fire Marshall. 2. The called 35' wide emergency access easement running east/west on the north side of the existing building should be 30' wide. This is based on the existing parking striping and a measured width of only 30' between the parking spaces. Chapter 9, Exhibit A, Section V (8). 3. If the lot is owned by another entity (e.g. Lot 2), then a cross access easement cannot be added by this plat on Lot 2 unless that owner also agrees and signs this plat. Chapter 9, Exhibit A, Section V (8). b. After some legal research it has been determined that an easement cannot be granted by an entity to itself. Therefore, City Staff is requesting that this approval condition be removed. "al ej 11 r,,s�S tr1:10I ID a, !Rb F1 11 ( .0 Z'4', a, v_JS C-) Q4 [-, 7, , , Gn _4 t µi �,A�y���," Wu �� i j/ l ' �ull pr CC) -- - - - -------- --- - - ---- - -- - / F� � �� YI i i � � � I f up 3 .... . ...... .... ....... -.4na I -T MUM .. .............. ............ . .......... 1 mum, 11SITAY POP U WHO JM 11-1 . ...................... . .. .................... . . . . . . . . . ..... Item No. 15 TO: Mayor, Mayor Pro Tem, and City Council Grayson Path, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: Tax Abatement Agreement for Ametsa Packaging, LLC DATE: April 24, 2023 BACKGROUND: Ametsa Packaging, LLC ("Ametsa") recently purchased the property and facility 2020 19" NW formerly owned and operated by J. Skinner and intends to convert it to a facility for the manufacturing and packaging of sugar and sweeteners through the installation of specialized high speed equipment, with the possibility of changing product lines or adding product lines at a later date. The attached agreement provides for a minimum capital investment of $3.5 million, with minimum job creation and retention of 15 FTEs with benefits throughout the term of the agreement, although the company estimates that it will create up to 50 new jobs by the end of the first year of operation. The PEDC will be entering a performance agreement with Ametsa as well. The abatement is for 7 years and will be granted on a de-escalating basis: 100% for the first two years, 75% years 3 and 4, 50% for years 5 and 6, and 25% for year 7. The abatement expires on December 31, 2030. STATUS OF ISSUE: Pending City Council approval of tax abatement agreement. BUDGET: Seven year abatement on the improvements set out in the Agreement. RECOMMENDATION: Motion to adopt a resolution approving tax abatement agreement between City of Paris and Ametsa Packaging, LLC in substantial conformance with the attached agreement and authorize the mayor to execute same on behalf of the city,. RESOLUTION employment base of the Paris area for the long term interest and benefit of the City and il citizens; and, WHEREAS, under the Texas Enterprise Zone Act (Texas Government Code Chapter 2303), and the Redevelopment and Tax Abatement Act (Texas Tax Code Sec. 312.2011) the designation of an area as an Enterprise Zone also constitutes designation of the area as a reinvestment i i WHEREAS,WHEREAS, Owner owns certain property located at 2020 19th St. NW, Paris, Texas 75460 (the "Property") within the City of Paris, Lamar County� Texas, which, pursuant to the 2020 Census is included within an Enterprise Zone; and Owner has agreed to install equipment and machinery (the "Improvements") at the existing facility located on the Property, for the purpose of manufacturing and packaging of sweeteners and sugars; and WHEREAS, the Owner has agreed to create and maintain at lust thirty-five (3 5) full- time equivalent employment positions with benefits in the first year of operation and up to one hundred (100) such positions by the end of the fifth year sof operation; and WHEREAS, the contemplated use of the Improvements as hereinafter defined, in the amount as set forth in this Agreement upon and within the Property, and the other terms hereof are consistent with encouraging development of said Enterprise Zone in accordance with the purposes for which it was created and are in compliance with the City's policy on tax abatement incentives and all applicable laws; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section The findings set out in the preamble to this resolution are hereby in all things approved® Section 2. That the terms of the Tax Abatement Agreement and the property the subject thereof meet the Citv's Guidelines and Criteria for Tax Abaternentadowtff",w-tVe of Paris by Resolution No. 2022-002 and will lead to the economic development of the Enterprise Zone. 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 5. 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 24th day of April, 2023. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney STATE OF TEXAS COUNTY OF LAMAR TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the "Agreement") is entered into by and between the CITY OF PARIS, TEXAS, a municipal corporation, situated in Lamar County, Texas, acting by and through its authorized officer whose signature appears below (hereinafter called "City"), and AMETSA PACKAGING, LLC, a Texas Limited Liability Company, acting by and through its authorized officer whose signature appears below (hereinafter referred to as "Owner'). WITNESSETH: WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of January, 2022, in Resolution No. 2022-002, elect to be eligible to participate in tax abatement agreements in order to maintain and enhance the commercial and industrial economic and employment base of the Paris area for the long term interest and benefit of the City and its citizens; and, WHEREAS, under the Texas Enterprise Zone Act (Texas Government Code Chapter 2303), and the Redevelopment and Tax Abatement Act (Texas Tax Code Sec. 312.2011) the designation of an area as an Enterprise Zone also constitutes designation of the area as a reinvestment zone (the "Reinvestment Zone"); and WHEREAS, Owner owns certain property located at 2020 19th St. NW, Paris, Texas 75460 (the "Property") within the City of Paris, Lamar County, Texas, which, pursuant to the 2020 Census is included within an Enterprise Zone, as is shown in the print-out from the Office of the Governor of the State of Texas on its website in Exhi i 1, attached hereto and made a part hereof for all purposes; and WHEREAS, Owner has agreed to install the equipment and machinery ("Business Personal Property" or "BPP") set forth herein at the existing facility located on the Property, for the purpose of manufacturing and packaging of sweeteners and sugars via the installation of specialized, high-speed equipment, packaging lines, and ancillary equipment; and WHEREAS, the Owner has agreed to create and maintain at least thirty-five (35) full- time equivalent employment positions with benefits in the first year of operation and up to one hundred (100) such positions by the end of the fifth year of operation; and WHEREAS, the contemplated use of the BPP as herein defined, in the amount as set forth in this Agreement upon and within the Property, and the other terms hereof are consistent with encouraging development of said Enterprise Zone in accordance with the purposes for which it was created and are in compliance with the City's policy on tax abatement incentives and the ordinance creating such Enterprise Zone adopted by the City and all applicable laws; and NOW, THEREFORE, pursuant to Chapter 312 of the Texas Tax Code and the Guidelines and Criteria for Tax Abatement adopted in Resolution No. 2020-002, the parties hereto do mutually contract and agree as follows: I. Term 1.1 The effective date of this Agreement is the 24th day of April, 2023, with the tax abatement being effective from and after January 1, 2024, or January 1St of the year immediately following completion of the installation of BPP set forth herein, and terminating on December 31, 2030 (an abatement period of seven (7) years (the "Abatement Period")). Said Abatement Period will terminate on December 31, 2030, regardless of when Owner completes the Improvements described in Sections II and III herein below. II. The "Property" = Area to be Improved 2.1 The Improvements defined in paragraph III below and made the subject of this Agreement shall be located on the Property located in Paris, Lamar County, Texas and described in Exhibit 2. attached hereto and incorporated herein by reference, which Property is within the Enterprise Zone. III. Consideration: Installation of BPP 3.1 The Owner shall convert and operate an existing facility into a facility for the manufacturing and packaging of sweeteners and sugars via the installation of specialized, high-speed equipment, packaging lines, and ancillary equipment (herein called the "Equipment" or the "BPP") at the Property located in Paris, Lamar County, Texas, which BPP is more particularly described in Exhibit 3 attached hereto and incorporated herein by reference. Owner commits herein to invest no less than THREE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($3,500,000.00) to construct the Improvements and install BPP. All of said improvements shall be described in the City's Certificates of Completion defined in Section X, "Reporting Requirements." For the purposes of the default provision of this Tax Abatement Agreement (Section V), the installation of the Equipment will be deemed completed upon the issuance by the City of a Certificate of Occupancy for the structure in which the Equipment has been installed. Once Owner has applied for said Certificate of Occupancy, the City shall not unreasonably delay the issuance of same. Notwithstanding the foregoing, however, Owner shall have such additional time to complete the installation of the Equipment as may be required in the event of "force majeure" if Owner is diligently and faithfully pursuing completion of thereof. For this purpose, "force majeure" shall mean any contingency or cause beyond the reasonable control of Owner including, without limitation, acts of God, any natural disaster, war, riot civil commotion, insurrection, governmental or de facto governmental action unless caused by acts or omissions of Owner, fires, explosions, accidents, floods, and labor disputes or strikes. 2 3.2 The Owner agrees and covenants that it will diligently and faithfully, in a good and workmanlike manner, pursue the completion of the installation of Equipment specified in Exhibit 3. As good and valuable consideration for this Agreement, Owner further covenants and agrees that all installation of the Equipment will be in accordance with all applicable state and local laws, codes, and regulations, or Owner will procure a valid waiver thereof. In further consideration, Owner shall thereafter, from the date a Certificate of Occupancy for the structures in which the Equipment is located is issued or the installation of the Equipment is completed as agreed until the expiration of this Agreement, continuously operate and maintain the Equipment for the manufacturing and packaging of sweeteners and sugars, or additional lawful business purposes so long as Owner's employment obligations under Section IV are met. IV. Consideration Jobs 4.1 The City has provided in its Guidelines and Criteria for Tax Abatements, that in order to be eligible for a tax abatement, a new employer must make a minimal capital investment of $1,000,000.00 and create at least ten (10) new jobs. Owner herein has committed to a minimum investment of $3,500,000.00, and has committed to creating at least fifteen (15) new full-time equivalent with benefits positions by the end of the first year of operation with an estimated direct payroll of approximately two hundred fifty thousand ($250,000) per month after said first year of operation. These full-time equivalent with benefits positions shall be created and staffed within one (1) year of the commencement of this Agreement. 4.2 In order to qualify for the tax abatement provided for herein, Owner must both create said fifteen (15) full-time equivalent positions according to the above schedule and retain those positions throughout the remaining years of the abatement period. V. Default 5.1 In the event that (a) the installation of the Equipment for which an abatement has been granted is not completed in accordance with this Agreement or the expenditure for the Equipment does not meet the amount required herein; or (b) Owner allows its ad valorem taxes owed the City to become delinquent and fails to timely and properly follow the legal procedures for protest or contest of any such ad valorem taxes; or (c) Owner fails to create and retain the required full-time equivalent positions set forth herein and on the schedule set forth herein; or (d) Owner materially breaches any of the other terms and conditions of this Agreement, then this Agreement shall be in default. In the event the Owner defaults in its performance of either (a), (b), (c), or (d) above, the City shall give the Owner written notice of such default. If the Owner has not cured such default within sixty (60) days of said written notice, this Agreement may be modified or terminated by the City. Notice shall be in accordance with paragraph 13.3. As damages in the event of default, in accordance with the requirements of Section 312.205 (a)(4) of the Tax Code of the State of Texas, all M 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 a determined by Section 33.01 of the Tax Code of the State of Texas, with all penalties permitted by the Property Redevelopment and Tax Abatement Act and the Tax Code of the State of Texas, shall be recaptured and will become a debt to the City and shall be due, owning, and paid by Owner 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. VI. Tax Abatement 6.1 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 ad valorem taxes from the Property otherwise owed to the City shall be abated. Said abatement shall be an amount equal to the following percentages of the maintenance and operation (M&0) portion of the taxes assessed upon the increased value of the Property attributed to the Equipment described in Section III of this Agreement and specified in Exhibit 3 hereto, over the value in the year which this Agreement is executed (the "Base Value"), in accordance with the terms of this Agreement and all applicable state and local regulations or valid waivers 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: Year 1 100% Year 2 100% Year 3 75% Year 4 75% Year 5 50% Year 6 50% Year 7 25% For the purposes of this Agreement, the Base Value of the existing real property shall be deemed to be the value as shown on the tax rolls of the Lamar County Appraisal District as of January 1, 2023. Owner understands and agrees that pursuant to Texas Tax Code Sec. 312.204, no taxes will be abated under this agreement for any BPP located on the Property prior to the effective date of this Agreement, nor will the abatement apply to any BPP acquired and installed after the issuance of the City has issued its Certificate of Completion 6.2 The abatement granted herein shall be subject to and governed by the Criteria and Guidelines for Tax Abatement, a copy of which is attached hereto as Exh' ' 4 and incorporated herein by reference, save and except that, in the event of a conflict between the requirements of Exhibit 4 and this Agreement, this Agreement shall control. 4 6.3 Owner covenants and agrees that subsequent to the date of this Agreement, any application by Owner for a new tax abatement for equipment or real property located within the Property and the Enterprise Zone applicable to this Agreement shall be subject to and governed by the City's Criteria and Guidelines for Tax Abatement in effect at the time of the new application. VII. No Conflict of Interest 7.1 The Owner represents and warrants that the Property does not include any Property that is owned or leased by a member of the Planning and Zoning Commission of the City of Paris, nor by a member of the City Council approving, or having responsibility for the approval of, this Agreement. VIII. Conditions 8.1 The terms and conditions of this Agreement are binding upon and enforceable against and with respect to the successors and assigns of all parties hereto. 8.2 It is understood and agreed between the parties that the Owner, in performing its obligations hereunder, is acting independently; the City assumes no responsibility or liability in connection therewith to third parties; and Owner agrees to indemnify and hold the City harmless therefrom. It is further understood and agreed among the parties that the City, in performing its obligations hereunder, is acting independently; the Owner assumes no responsibility or liability in connection therewith to third parties; and, to the extent permissible by law, the City agrees to indemnify and hold harmless the Owner therefrom. IX. Compliance Provisions 9.1 Ci Right o Re r : The Owner agrees that the City, its agents and employees, shall have the reasonable right to review records concerning the Owner's investment in the Improvements for the purpose of conducting an audit of the Project Improvements and Project costs. Any such audit shall be made only after giving the Owner at least fourteen (14) days advance written notice and will be conducted in such a manner as to not unreasonably interfere with the operation of the facility. Upon request, the Owner will provide the City with a detailed Asset Report with an itemized list of assets placed into service from the date of execution of this Agreement to the date of completion. The Asset Report will provide for each asset a unique serial and/or other identification number (if available), the date on which the asset was capitalized, the acquisition amount, and the accumulated depreciation amount. At the City's request, the Owner will provide actual invoices to support the amounts shown on the Asset Report. To the extent allowed by the Texas Public Information Act, the City shall maintain all Owner records and details as confidential. 5 AceoProe9.2 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 ensure that the installation of any Equipment is in accordance with this Agreement and all applicable state and local laws and regulations or valid waiver thereof. After completion of the installation of the Equipment, the City shall have the continuing right to inspect the Property during the term of the Agreement. All inspections will be made only after giving the Owner written notice at least seventy-two (72) hours in advance, and such inspections shall be conducted in such a manner so as not to interfere with the operation of the facility. Representatives of the City inspecting the Property and Improvements shall be accompanied and by one (1) or more representatives of the Owner and shall sign an Agreement promising to maintain the confidentiality of any information they obtain in connection therewith except for the purposes of assessing and collecting ad valorem taxes and verifying or enforcing compliance with this Agreement, or as otherwise required by law. Said representative shall also be required to observe any facility rule and regulation applicable to the Property. Nothing herein shall be construed as limiting the City's ability to perform inspections or to enter the Property the subject of this Agreement. X. Reporting Requirements 10.1 Initial Report: The Owner further agrees that it will, by April 15, 2024, provide the City with a sworn report, written on Owner's letterhead and signed by a designated representative of Owner, which contains the following information relating to the Improvements completed and Equipment installed in the year 2023: (a) A copy of the printout from the Lamar County Appraisal District showing the market value of the Property as of January 1, 2023, prior to the construction of the Improvements and installation of Equipment; (b) Detailed description of the Improvements or Equipment; (c) A detailed description of any miscellaneous items of capitalized office equipment and the actual cost of such added office equipment; (d) A detailed list of and the actual cost of added machinery and equipment; (e) The actual cost of capital Improvements; and, (f) The date of substantial completion of the installation of the Equipment as defined in paragraph 3.1 hereof. 10.2 Annual Report on Compliance for Each Year of the Abatement Period: In addition to the report required in Paragraph 10.1 hereinabove, Owner further agrees that by April 15th of each year of this Agreement beginning in the year 2025, it will provide the City with an annual sworn report which shall certify, in writing, that it is in compliance with each applicable term of this Agreement. Such annual report shall be furnished in the form attached hereto as Exhi and shall reflect the prior fiscal year. Owner shall attach thereto copies of the employer reference summary page of its Texas 0 Workforce Commission Employer's Quarterly Reports for the calendar year immediately preceding the date of the annual report required by this section, and the report shall contain a sworn statement signed by the Plant Manager or an Officer of the Company certifying that the information provided in the summary page is a true and valid report filed with the Texas Workforce Commission. 10.3 The reporting requirements and deadlines set forth herein are an integral and material part of this Agreement, and Owner acknowledges that failure to timely submit any report or sworn statement required herein is a breach and default of this Agreement as set forth hereinabove. Owner further agrees to timely submit said reports and/or sworn statements without prompting by the City. 10.4 Owner shall submit all compliance reports required to by this section via certified mail, return receipt requested, to: City of Paris c/o Office of the City Attorney P.O. Box 9037 Paris, Texas 75461-9037 Alternatively, said reports may be delivered personally to the Office of the City Attorney at 135 SE 1st St., Paris, Texas 75460. XI. City's Certificate of Completion 11.1 Within thirty (30) days of receipt of the Initial Report required by paragraph 10.1 hereinabove, or as soon thereafter as practicable should the City require additional information from the Owner, the City shall: (a) review same for compliance with the terms of this Agreement; (b) verify that the Equipment installations identified in the Report and required by the terms of this Agreement have been completed; (c) and, if the required installations have been made, deliver a Certificate of Completion in the forms attached hereto as Exhibit G and executed by the Mayor to the Chief Appraiser of the Lamar County Appraisal District. The City shall attach to said Certificate of Completion a copy of the information provided by Owner in its Initial Report as an identification of Equipment upon which the tax abatement is to be granted. 11.2 In the event that the City requires additional information in order to conduct the review and verification contemplated by paragraph 11.1 hereinabove, the City shall notify the Owner of same as soon as is practicable, but no later than thirty (30) days after receipt of the Initial Report. 11.3 Nothing in this section shall prohibit the City from exercising its right to declare Owner in default or Owner's right to cure same in accordance with the terms of Section V hereinabove. XII. Authority to Contract 12.1 This Agreement was authorized by resolution of the City Council at its regularly scheduled meeting on the 24th day of April, 2023, authorizing the Mayor to execute the Agreement on behalf of the City. 12.2 This Agreement was entered into by Ametsa Packaging, LLC pursuant to the authority granted to the authorized official whose signature appears below. 12.3 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. XIII. Legal 13.1 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. 13.2 This Agreement, except by operation of law, shall not be assigned or transferred by Owner, without the prior written consent of City, which consent, not to be unreasonably withheld, shall be at the sole discretion of the City. 13.3 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, (2) deposited certified mail, return receipt requested, postage prepaid in the United States mail, or (3) sent by recognized carrier with shipment tracking number addressed to the designated representative of the respective parties which are designated as follows: OWNER: Ametsa Packaging, LLC Attn: President 202019th St. NW Paris, Texas 75460 CITY: CITY OF PARIS, TEXAS Attn: City Manager P.O. Box 9037 Paris, TX 75461-9037 Alternatively, said reports may be delivered personally to the City Manager at 135 SE 1st St., Paris, Texas 75460 With a copy to: City Clerk, City of Paris, Texas (address same as above) City Attorney, City of Paris, Texas (address same as above) 13.4 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. 13.5 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. This Agreement is performable in Lamar County, Texas, and shall be governed by, construed and enforced in accordance with the laws of the State of Texas. The provisions of this Agreement shall apply to, bind and inure to the benefit of the City, Owner, and their respective successors, and permitted assigns, if any. 13.6 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. 13.7 Owner and the City have both contributed to the drafting of this Agreement, and no ambiguity, if any, contained in this Agreement shall be construed against either party. 13.8 MANDAURY ANTI -B Y TT AND_QT_HEg PROVISION.S. Owner, by executing this agreement, certifies the following: Pursuant to Section 2271.002 of the Texas Government Code, Owner certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Agreement. Owner acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. ii. Pursuant to SB 13, 87th Texas Legislature, Owner certifies that either (i) it meets an exemption criterion under SB 13, 87th Texas Legislature; or (ii) it does not boycott energy companies, as defined in Section 1 of SB 13, 87th Texas Legislature, and will not boycott energy companies during the term of the Agreement. Owner acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iii. Pursuant to SB 19, 87th Texas Legislature, Owner certifies that either (i) it meets an exemption criterion under SB 19, 87th Texas Legislature; or (ii) it does not discriminate against a firearm entity or firearm trade association, as defined in Section 1 of SB 19, 87th Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the term of the Agreement. Owner acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iv. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Owner certifies Owner (1) is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Owner acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the date set forth below. WITNESS our hands this _ day of2023. THE CITY OF PARIS, TEXAS Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney 10 AMETSA PACKAGING, LLC Name: Carlos de Aldecoa Title: President Date: ATTEST„ Title: 11 LIST OF EXHIBITS: 2020 Designation of Enterprise Zone which includes the Property 2. Map of the Property and Property Description 3. Description of Equipment 4. Resolution No. 2022-002; Criteria and Guidelines for Tax Abatement FORMS: Certificates of Compliance 6. FORM: Certificate of Completion 12 Exhibit 1 2020 Designation of Enterprise Zone which includes the Property 13 Legal Description: Exhibit 2 Map of the Property and Property Description The Property Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of Texas, a part of the Reding Russell Survey, Abstract No. 786, and being a part of a tract of land conveyed to 2020 Paris, LLC, by deed recorded as Lamar County Document Number 198120-2022, and being further described as follows: Beginning at a concrete monument found at the intersection of the East Boundary line of 19th Street Northwest (F.M. Highway 79) and the South Boundary Line of Loop Highway 286, being the Northwest corner of said 2020 Paris tract; Thence along the South Boundary Line of Loop Highway 286 as follows: North 58005'51" East a distance of 340.95 feet to a concrete monument found for corner; North 67004'56" East a distance of 250.95 feet to a concrete monument found for corner; North 60°11'00" East a distance of 351.99 feet to a concrete monument found for corner; North 68°02'24" East a distance of 203.33 feet to an iron pin found for corner; North 89°13'00" East a distance of 104.00 feet to an iron pin found for corner; North 01°14'00" West a distance of 43.00 feet to an iron pin found for corner; North 66°51'00" East a distance of 191.20 feet to a nail found for corner; North 58°19'00" East a distance of 101.10 feet to a concrete monument found for corner; North 66053'56" East a distance of 400.41 feet to a concrete monument found for corner; North 72030'43" East a distance of 147.66 feet to a nail found for corner; North 66053'56" East a distance of 35.40 feet to a nail found at the most Northerly Northeast corner of said 2020 Paris tract, the Northwest corner of a tract of land conveyed to AAA Mini Storage Addition by deed recorded as Lamar County Doc. No. 172912-2020 and a Northwest corner of a channel easement recorded in Volume 610, Page 113, of the Lamar County Deed Records; Thence South 03°10'26" East with the East Boundary Line of said 2020 Paris tract and the West Boundary Line of said AAA Mini Storage tract and of said channel easement a distance of 371.86 feet to a nail found for corner; 14 Thence South 04'10'00" West, continuing with said common line and at 30.76 feet passing the Southwest corner of the AAA Mini Storage tract and a Northwest corner of a tract of land conveyed to Rentone, LLC, by deed recorded as Lamar Co. Doc. No. 172912-2022, continuing in all a distance of 783.00 feet to a point at an inside corner of the 2020 Paris tract and the Southwest corner of said Rentone tract; Thence South 80°27'10" East with the North Boundary Line of said 2020 Paris tract and the South Boundary Line of said Rentone tract a distance of 254.10 feet to a wood fence post found for corner, Thence Easterly along a barbed-wire fence, being the North Boundary Line of said 2020 Paris tract and the South Boundary Line of said Rentone tract as follows: South 08°11'41" East a distance of 41.84 feet to a wood fence post found for corner; South 89°19'06" East a distance of 223.24 feet to a wood fence post found for corner; North 76°45'51" East a distance of 409.67 feet to a wood fence post found for corner; North 85010'34" East a distance of 185.59 feet to a wood fence post found for the most Easterly Northeast corner of said 2020 Paris tract and the Southeast corner of said Rentone tract; Thence South 00°39'56" East with the East Boundary Line of said 2020 Paris tract and the West Boundary Line of a Cemetery a distance of 63.20 feet to a wood fence post found for corner; Thence South 81°03'00" West with the South Boundary Line of said 2020 Paris tract and the North Boundary Line of said Cemetery a distance of 9.69 feet to a wood fence post found for corner; Thence South 00°08'39" West with the East Boundary Line of said 2020 Paris tract and the West Boundary Line of said Cemetery, along this course passing the Southwest corner of the Cemetery tract and the Northwest corner of a tract of land conveyed to Huhtamaki, Inc., by deed recorded as Lamar County Document #090649-2011, continuing in all a distance of 816.87 feet to an iron pin found at the Southeast corner of said 2020 Paris tract and the Southwest corner of said Huhtamaki tract; Thence North 86°00'00" West with the South Boundary Line of said 2020 Paris tract and the North Boundary Line of Center Street a distance of 296.00 feet to an iron pin found for corner; Thence South 89°20'58" West, continuing with said common line, a distance of 2654.63 feet to an iron pin set in the East Boundary Line of 19th Street Northwest (F.M. Highway 79), being the most Southerly Southwest corner of said 2020 Paris tract; Thence North 45°00'00" West with the West Boundary Line of said 2020 Paris tract and said East Boundary Line a distance of 28.00 feet to a concrete R.O.W. marker found for corner; Thence North with said common line (bearing per Doc. #198120-2022) a distance of 800.66 feet to a concrete monument found for corner; Thence North 06°28'17" East, continuing with said common line, a distance of 284.43 feet to the point of beginning, and containing 89.345 acres of land. 15 16 Exhibit 3 Description of Equipment Automated packaging lines for varying formats and sizes of packaging for sweeteners, sugars and related products. Types of equipment may include: • Silos • Hoppers • Bag formers • Fillers • Cappers • Sealers • Weighers • Metal detectors • Conveyors • Box formers • Label machines • Ink jets • Stackers/palletizers • Shrink wrappers • Controllers • Other related machinery 17 Exhibit 4 Resolution No. 2022-002; Criteria and Guidelines for Tax Abatement 18 RESOLUTION N0. 2022-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AUTHORIZING THE CITY TO BE ELIGIBLE TO PARTICIPATE IN PROPERTY TAX ABATEMENTS AND APPROVING GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENTS IN THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 312.002 of the Texas Tax Code requires local taxing units to state every two years their intent to participate in property tax abatement agreements, and to adopt guidelines and criteria for granting tax abatements, and to conduct a public hearing prior to said authorization and adoption; and WHEREAS, the City Council last adopted Criteria and Guidelines for Tax Abatement on January 13,2020; and WHEREAS, on January 10, 2022, the City Council conducted a public hearing as required by law; and WHEREAS, after considering public comment, if any, at said public hearing, the City Council of the City of Paris, Texas hereby reaffirms its intent to be eligible to participate in property tax abatements in accordance with Chapter 312 of the Texas Tax Code and to adopt the Guidelines and Criteria for Tax Abatement attached hereto and incorporated herein as FSA; and WHEREAS, a three-quarters majority vote of the City Council of the City of Paris, Texas is required to amend the Guidelines and Criteria for Tax Abatement; and WHEREAS, the City Council elects to readopt the Guidelines and Criteria for Tax Abatement adopted on January 13, 2013 without amendment; 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. The City hereby elects to be eligible to participate in a property tax abatement program and approves and adopts the Guidelines and Criteria for Tax Abatement attached hereto and incorporated herein as ExhibkA. Section 3. This resolution shall become effective from and after the date of passage. PASSED AND APPROVED this 10th day of January, 2022. Paula Portugal, Mayor�r' STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned notary, on this day personally appeared the affiant, a person whose identity is known to me. After I administered an oath to affiant, affiant testified: "My name is .. _.... _. m. I am capable of making this verification. I have read the foregoing Certificate of Compliance/Non-Compliance. The facts stated in it are within my personal knowledge and are true and correct, and I further certify that the Employer Reference Summary pages are true and correct copies of those reports filed with the Texas Workforce Commission." Signature of Company Representative Position/Title Sworn to and subscribed before me this the day of _- ..............-. w., ,.,.,,,, 20_. Notary Public, State of Texas FA wt*qj IA Ellis, City Clerk APPROVED AT TO FORM: Stephanie H. Harris, City Attorney (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAXABATEMENT I. General Purpose and Objectives. The City of Paris (City) and Lamar County Government (County) (collectively, herein called the "Taxing Jurisdictions") are committed to enhancing the competitiveness and expansion potential of local industry; to attracting and encouraging new manufacturing industry and investment; to improving the City of Paris, Lamar County and its infrastructure, which attracts and supports development; and, to expanding the tax base, employment opportunities, and the overall quality of life for its citizens. Therefore, the governing bodies of the Taxing Jurisdictions will give consideration, on a case-by-case basis, to providing tax abatements to the owners of real and personal property for projects that stimulate economic growth and diversification in the geographic areas served by the Taxing Jurisdictions, according to state law and consistent with these policies, criteria and guidelines. Tax abatements may be made available to industrial, manufacturing, distribution, service facilities, or any "primary jobs" creating industry as defined by the Economic Development Act of the State of Texas. The facility must be currently in, or locating in the areas served by the Taxing Jurisdictions, and located in a designated Enterprise Zone or Reinvestment Zone. New facilities and structures as well as the expansion and modernization of existing facilities and structures, will be considered. Evaluation of a tax abatement request will be based on the information provided in the tax abatement application. However, the City of Paris and Lamar County are under no obligation to provide tax abatements to any applicant. The Paris City Council acts as the lead entity for projects located in the City limits. The Lamar County Board of Commissioners acts as the lead entity for projects in Lamar County, which are located outside of the City limits. All governing bodies of the Taxing Jurisdictions have adopted like policies, criteria and guidelines and will consider tax abatement requests that qualify thereunder_ II. Definitions. Definitions are provided as an Appendix A. M. Designation of a Reinvestment Zone. For any facility located within the area served by the Taxing Jurisdictions to be eligible for tax abatement it must meet the criteria for designation as a tax abatement reinvestment zone as set forth in the Property Redevelopment and Tax Abatement Act, Texas Tax Code Chapter 312. The City or County may designate an area as a reinvestment zone in accordance with the criteria and procedural requirements set forth in the Property Redevelopment & Tax Abatement Act, as amended (Texas Tax Code Sec. 312.401. (b)). Pursuant to Texas Tax Code Sec. 312.2011, designation of an area as an enterprise zone under Chapter 2303 of the Texas Government Code constitutes designation of the area as a reinvestment zone without further hearing or procedural requirements other than those provided under said Chapter 2303. IV. Tax Abatement Authorized. The Taxing Jurisdictions, through their elected governing bodies, may agree in writing with the owner and/or lessee of taxable real and/or personal property that is located in a reinvestment zone, but that is not in an improvement project financed by tax increment bonds, to exempt from taxation EXHIBIT k (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT a portion of the value of the real property, or of personal property located on the real property, or both. The period of the abatement granted under the agreement shall not exceed the term authorized by law. Such agreement will be based on the condition that the owner or lessee of the property makes specific improvements or repairs to the property. An agreement may provide for the exemption of the real property in each year covered by the agreement only to the extent its value for that year exceeds the base year value. An agreement may provide for the exemption of personal property located on the real property in each year covered by the agreement other than personal property that was located on the real property at any time before the period covered by the agreement. Inventory or supplies cannot be abated as personal property. Tax abatements may only be granted for additional value of eligible property improvements made subsequent to and specified in an abatement agreement between the Taxing Jurisdictions and the property owner or lessee subject to such limitation as the Taxing Jurisdictions may require. The additional value must exceed any reduction in the fair market value of other property of the owner already on the tax roll within the area served by the Taxing Jurisdictions. Change in appraised value does not qualify for abatement except in an instance where a previously vacant authorized facility is utilized. Value added to the tax rolls must come from actual capital expenditures. The negotiation of tax abatement agreements will be conducted by the Paris Economic Development Corporation's ("PEDC") executive director, in close consultation with the city manager. In determining where and how tax abatements will be utilized, the executive director will examine the potential return on the public's investment. Return on public investment will be measured in terms of (i) jobs created, (ii) jobs retained in cases of existing employers within the Taxing Jurisdictions, and (iii) broadening of the tax base and expansion of the economic base (e.g. capital investment, payroll, local spending, etc.). V. Eligibility Criteria for Tag Abatement for Real and Personal Property A property owner and/or lessee shall be eligible for tax abatement only upon the following criteria. Fllg_tbilitl Criteria for Tax Abatement Authorized I. An authorized facility is used for manufacturing, research, regional distribution, regional services, regional Facility tourist entertainment, other basic industry, or any primary jobs creating industry. (See Appendix A for definitions.) 2. A new authorized facility must be created, or an existing authorized facility must be improved, modernized or expanded. 3. If a leased authorized facility is granted abatement, the agreement may be executed with the lessor and/or lessee, depending upon the particular circumstances of the proposed project. If the agreement is with the lessor, lessor shall demonstrate binding contracts with the lessee to guarantee compliance with the terms of the Eligible 1. The property involved must be a newly created, or improvements to an existing, authorized facility. Property 2. Eligible property for which abatement may be granted includes nonresidential real property and/or tangible personal property not located on the real property at any time before the abatement agreement becomes effective. 3. Abatement may be extended to the value of buildings, structures, fixed machinery and equipment, site improvements, tangible personal property, and that office space and related fixed improvements necessary to the operation and administration of the authorized facility. 4. Inventory or supplies shall not be eligible for abatement. Historic For historic property located in the City of Paris Historic District, see Chapter 30, Article IV of the City of Paris PFopcqy Code of Ordinances — Tax Exemption for Historically Significant Sites. Contact the City of Paris, Community 2 Value and Term of Abatement Abatement Evaluation Criteria Economic Qualification Taxability (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT _ information on these and other programs offered e ...p grams d b�� the City of Paris. 1. DeveTh g vternmg b dinesf of theocal .m., -- Taxing Jurisdictions will decide whether to grant a tax abatement to an applicant, and the amount, if any, of such abatement, on a case-by-case basis and in accordance with these Policies, Criteria and Guidelines. 2. The term of abatements granted under any agreement may not exceed that permitted by applicable state law. 3. The amount of the abatement shall be based upon a percentage (0 to 100%) of all or a portion of the eligible property within the authorized facility. 4. Abatements may only be granted for the additional value of eligible real and personal property improvements made pursuant to and listed in the agreement between the Taxing Jurisdictions and property owner and/or lessee, subject to such limitations as the Taxing Jurisdictions may require. 5. Real property tax abatement may be granted only to the extent that its value for each year of the agreement exceeds its value for the year in which the agreement is executed. 6. If a modernization project includes the replacement of improvements within an authorized facility, the value eligible for abatement shall be the value• of the new.umt(s), less the value of the rlaced The criteria used to evaluate a proposed project application for abatement includes, but is not limited to: 1. The dollar amount of the increase in the tax roll. 2. The number of jobs created or retained by the employer involved. 3. The possible effect on attracting other taxable improvements into the Taxing Jurisdictions, 4. The nature of and overall effect on the Taxing Jurisdictions. 5. The effect on the safety, health, and morals of the Taxing Jurisdictions' residents. 6. Any substantial long-term adverse effect on the provision of the Taxing Jurisdictions' services or tax bases. 7. Meeting all relevant zoning requirements. 8. Consistent with the comprehensive plan of the City of Paris and County of Lamar. 9. The types and cost of public improvements and services (water and sewer main extensions, streets and roads, etc.) required of the Taxing Jurisdictions. 10 The hues and values of public improvements to be f mished by the applicant. To be eligible to receive tax abatement, the planned improvements: 1. Must be reasonably expected to increase the appraised value of the property. 2. Must be expected to prevent the loss of employment, or assist in the retention or creation of jobs in the Taxing Jurisdictions during the term of the agreement. 3. Should not be expected to solely or primarily have the effect of merely transferring existing employment from one part of the Taxing Jurisdictions to another without demonstration of increased future investment (dollars or jobs) or unusual circumstances whereby without such a move employment is likely to be reduced. 4. Must be necessary because capacity cannot be provided efficiently utilizing existing improved property when reasonable allowance is made for necessary improvements or relevant t,ovemmental actions. During the term of the agreement, taxes shall be payable as follows: 1. The base year of eligible property as determined each year by the Lamar County Appraisal District, shall be fully taxable. 2. The additional value of eligible property above the base year value shall be taxable in the manner described in the agreement. 3. The Chief Appraiser of the Lamar County Appraisal District shall annually determine an assessment of the real and personal property comprising the reinvestment zone. 4. Each year, the employer, company or individual receiving an abatement pursuant to an agreement shall furnish the assessor with such information as may be necessary to determine the amount of any abatement. 5. Once such value has been established, the Chief Appraiser shall notify the affected Taxing Jurisdictions which levy taxes on such property and also notify the Paris EDC. 6. The employer, owner or lessee of eligible property requesting tax abatement within a reinvestment zone shall, prior to the commencement of eligible property improvements, agree to expend a designated sum of money and to create or retain a certain number ofiobss or annual payroll as fiutkher defined below. Capital Investoren Payroll and Job Creation Catena m.. _ .�., ®. ��,� .� .. �_ ��� _ _.. (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT __ _. _ ... W - A tax abatement may be made available to employers who are increasing new capital investment and creating jobs with respect to an authorized facility located anywhere within the area served by the Taxing Jurisdictions based on the following criteria. 1. To be eligible for any tax abatement, there must be a minimum capital investment in the authorized facility of $1,000,000 and at least ten (10) new jobs added to the new employer's labor force. 2. Any project with a capital investment of more than twenty-five million dollars ($25,000,000), AND accompanied by a newly created minimum annual payroll of two and one-half million dollars ($2,500,000), OR creating more than two hundred twenty-five (225) jobs will be individually negotiated 3. As specified in state law, no abatement will be granted for more than 10 years and the total abatement shall not exceed 100%. 4. A newly created business must be (or will be) located within an enterprise zone or a designated reinvestment zone. 5. The taxing jurisdictions recognize a significant difference in the valuation of real property versus personal property. Because of depreciation schedules, the abatement of personal property could result in a tax exemption. For this reason, the abatement schedule for personal property versus real property may be different. Each industrial account is looked at and valued on an individual basis by the Lamar County Appraisal District (LCAD). The typical depreciation used for industrial accounts by LCAD is as follows: a. Computers – 3 year life b. Furniture & Fixtures –10 year life c. Vehicles – 7 to 10 year life (depending on type) d Machinery & Equipment –15 year life (maybe longer or shorter depending on the type) b. For each abatement request the PEDC will evaluate the equipment (personal property) investment and useful life separate from the real estate (real property) investment to determine the length of the abatement for each. 7. If personal property should become obsolete and be replaced while under an abatement agreement, the replacement personal property is not eligible for abatement. 8. The charts below provide capital investment guidelines to qualify for tax abatement and the related schedule and percentage of abatement. For Capital Investment ($1M minimum investment AND 10 iobs for new Amount of Investment Year Year 2 Year 4 Year 5 Year 6' Year -Year 3 1 i 150% m �o $5 000 001 o $20,000,000 1 80 % 70'/0 �� b0 /0 50 /o 40 /0 30 /o 0 20% 20,000,001 to $25,000 000 ■ 90% ! 80% 70% 60% T 50% 4D% -- — . �..._ .v. _ a 30% $25,000,001 and Above ....... ... — p y For ro acts with ca ual investment above $25MAND $2-5M in new annual a roll OR p � p creating more than 225 new jobs, the term and percentage of the abatement are both net otiabl but cannot exceed 10 years or 100% f 9. An additional 20% abatement for new job creation is available based on the following requirements: a. A project that creates a minimum of 10 new jobs. b. The new job wages are equal to or greater than the current County average wage for all private sector jobs excluding retail trade and accommodation and food services ($41,158 annually for 2013. Source: Texas Workforce Commission L—..— _ .......... 4 (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT via www,tracer2 com. (Note: Ais represents 547 companies, 10,470 jobs and 56% of all private sector e „n vate sector employment in ; Lamar County.) c. The taxing jurisdictions and the company must agree to include measuring, tracldng and annual reporting of the net job increases (existing jobs plus new jobs) for the entire term of the abatement agreement. Net New Jobs �I Year YeExsstin Jobs For Net New Jobs ew Job Creation and Retention of E ar 3 Year 4 Year 5 Year b Year 7 E. 10 new jobs --- ' *- um, *20% 20% 20/9 20% 20% 20% 20% 2. New job wages = or > average annual wages for private sector jobs in Lamar i County. (Excluding retail, accommodations, food , service. See Item 9.b. above.) 3. Agree to maintain existing base and new jobs during the entire term of agreement. 4. *Year 1 cannot exceed 100%. VI. Tax Abatement for Existing Employers Regarding Real or Personal Property. The Taxing Jurisdictions recognize the value of its existing employers to the well-being of the City and County. The Taxing Jurisdictions desire to encourage existing employers to remain in the Taxing Jurisdictions and to improve their respective businesses and industries, as well as their profitability. Accordingly, if an existing employer (as opposed to a newly created business or industry moving into the Taxing Jurisdictions), owns or leases an authorized facility and has plans to improve such property by constructing new improvements on its real property and/or adding new personal property to its authorized facility which qualify for tax abatement under these Policies, Criteria and Guidelines, such employer may be eligible for tax abatement with respect to such improvements to its real property or its new personal property under the provisions of Article V above, even if no new jobs or newly created minimum annual payroll are created. In projects involving existing employers, the criteria for tax abatements for improvements to real property and for new personal property at authorized facilities set forth in Article V above shall be (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT waived, provided state law is fully complied with. The local taxing jurisdictions encourage existing employers to retain as many jobs and as much existing annual payroll as is economically feasible for the existing employer, while remaining competitive in its industry. VII. Greenfield projects In order to encourage the development of greenfield properties and also to be able to expedite certain new projects, the criteria for tax abatements for improvements to real property and for new personal property at authorized facilities set forth in Article V above shall be waived for projects exclusively involving greenfield properties, provided state law is fully complied with. VII�.I App4cj#qn Process ........... _e,......_.... _ _.._...._ __, - A lication Process ..:_................. Eli esent o._�_._.....__�.n�._ :.n,�.�...... g ty y pr r. potential owner of taxable property in the Taxing Jurisdictions may request tax abatement by filing a written request with the City Manager or County Judge, with a copy of the api)hcation forwarded by the aMilicant to the Executive Director of the Paris EDC. Form i The application shall consist of a completed application form accompanied by the following: 1. A general description of the improvements to be undertaken together with the pro j e cted new value to the property and the type of business operation proposed. 2. A detailed, descriptive list of the improvements for which abatement is requested. 3. A list of the kind, number, and location of all proposed improvements of the property. 4. A list of the number and type of jobs created, including information pertaining to anticipated job transfers (if any). 5. A metes and bounds description and plat of the proposed reinvestment zone that shows all roadways within 200 feet of the reinvestment zone and all existing zoning and land uses within 200 feet of the reinvestment zone. 6. A time schedule for undertaking and completing the proposed improvements. 7. The type and value of any additional economic development incentives requested 8. tion about the proposed project as may be required by the Taxing Any other Drina Pop Jurisdictions or as deemed desirable bti the Tahug-Jurisdicti 1 111-.................. ons. Review 1. All applications will be initially reviewed by the PEDC executive director. Process 2. An initial project briefing meeting will be conducted between the company's representatives, the PEDC executive director, the city manager, and the county judge. 3. The PEDC executive director will evaluate the request for tax abatement in accordance with these criteria and guidelines and will make his/her recommendation to the Paris City Council and Lamar County Commissioners Court for their review and possible approval. 4. After the Paris City Council has been briefed on the proposed tax abatement offer and they have directed the PEDC executive director to move forward, the Paris City Attorney will draft the initial tax abatement agreement for review by the PEDC Board and representatives of each Taxing Jurisdiction. 5. Electronic versions of the City's abatement agreement will be provided to the County so all agreements have consistent language, terms and conditions. 6. Following review of the draft agreement, it will be sent to the applicant's legal counsel for review and comment. Any changes requested by the tax abatement applicant will be reviewed by the City Attorney. 7. Once the Agreement is finalized, it will be placed on the PEDC Agenda for board recommendation. S. Once the Tax Abatement Agreement has been acted on by the PEDC Board, the Agreement shall be forwarded to the Paris City Council and Lamar County Commissioner's Court for 1 fina consideration and action i _� Public Hearing 1. ��� The Taxing Jurisdictions will comply with certainpublic public notices and hearings required as mandated b� state law under the Property Redevelopment and Tax Abatement Act irnor to - 6 Proposed Agreements Decided on Individual Basis (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT 9 the designation of a reinvestment zone and execution of a tax abatement agreement. The lead Taxing Jurisdiction (typically the City of Paris) may adopt an ordinance designating a tax abatement reinvestment zone only after notice of a public hearing has been published at least seven (7) days before the date of the hearing, and all other procedural requirements of Chaliter 312 of the Texas Tax Code have been satisfied. In order to enter into an agreement, the Taxing Jurisdictions must find that: 1. The terms of the proposed agreement comply with these Policies, Criteria and Guidelines. 2. There will be no substantial adverse effect on the provision of Taxing Jurisdictions' services or tax base. 3. That the planned use of the property will not constitute a hazard to public safety, health or morals. 4. Incident to approval of any ordinance designating a reinvestment zone, the Taxing Jurisdictions shall find that the improvements sought are feasible and practical and would be a benefit to the land to be included in the reinvestment zone and to the Taxing Jurisdictions after the expiration of the a Bement. Requests for variance from the provisions of these Policies, Criteria and Guidelines may be made in writing to the Taxing Jurisdictions; provided, however, that in no event shall the term of any abatement exceed the period authorized by applicable state law. Such request shall include a complete description of the circumstances requiring a variance. Approval of a request for variance shall require the affirmative vote of three-fourths (3/4) of the members of each of the Taxin�i Jurisdictions' �ryoverninv body. ...... .............................. --- wm The adoption of these Policies, Criteria and Guidelines by the Taxing Jurisdictions does not limit the discretion of the Taxing Jurisdictions' governing bodies to decide whether to enter into a specific tax abatement agreement. Nor does it limit their discretion to delegate to their employees the authority to determine whether or not the Taxing Jurisdiction should consider a particular application or request for tax abatement, or create any property, contract, or other legal right in any person or entity to have the Taxing Jurisdiction consider or grant a specified application or request for tax abatement. VIII. Abatement Agreement Terms and Conditions. Appendix B provides many of the terms and conditions to be included in any formal tax abatement legal agreement. DL Amendments to Policies, Criteria and Guidelines These Policies, Criteria and Guidelines are effective for a two (2) year period from the date of their adoption, unless amended earlier by the affirmative vote of three-fourths (3/4) of the members of each governing body (City, County). For a tax abatement application or additional information contact: Paris Economic Development Corporation 1125 Bonham Street Paris, Texas 75460 Phone: 903-784-6964 Fax: 903-784-2503 Website: wvaw_,_ L)qj ste asusc.,coin Email: [ sedc(&paristexasusa.co (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FORTAXABATEMENT APPENDIX A Ition Abatement or Tax The fall or pa—r-ti'a"1--e'xe-m—p-ti'on from ad valorem taxes of certain real and tangible personal. i Abatement ement in a Reinvestment Zone,desigua� for economic,developme or The written legal agreement for tax abatement between a property owner and/or lessee and the reements I :C"itv pfPar,is,,Lamar County and Pans Junior -College. Authorized A facility may be eligible for abatement if it is a facility used for manufacturing, research, Commercial or regional distribution, regional services, regional tourist entertainment, other basic industry, or Industrial Facility any primary jobs mating industry (see definitions below). All authorized facility definitions include buildings and structures, including fixed machinery and equipment used in operating the facility, i Authorized oize(T— . . . ............ . The City Council of the City of Paris may also designate areas of the City where residential Residential Facility properties may be considered for abatement of City taxes only. The City of Paris will approve their residential abatement policies,criteria and guidelines separate from these policies. . . .... .... . .. - . I - - , , , - I -4 " �utlari�j— Manufacturing_ The purpose �which is or ill be the manufacture. of tangible goods or materials or the Facility processing of such goods or materials by physical or chemical change. Facilities primarily engaged in assembling component parts of manufactured products are also . . . ..... . .. ......... considered 1��c facilities. . .. ..... . . . Regional Used primarily to receive, store, service, or distribute goods or materials where a majority of Distribution Facility the goods or services are distributed to points at least 100 miles from its location in the Taxing Jurisdictions of Paris and Lamar County. Regional Tourist Used in providing amusement/cirtcrtairiment through the admission of the general public where Entertainment the majority of users reside at least 100 miles from the Taxing Jurisdictions and where the Facility majority of users are likely to stay in the Taxing Jurisdictions for more than one day and will therefore likely utilize local restaurants and hotel/motel accommodations. . ........ . Research Fac—Jh—ty---]' Used primarily for researchorexperimentation to improve or develop new tangible goods or I materials or to improve or lqpffie rodu onp prove p_ p� . . ............. Other Basic or 1 11--, 1-- I'll, -. dev� . . ..... Not elsewhere described, used for the production of products or services which result in the Service Industry g creation of now jobs and bring new wealth into the Taxing Jurisdictions (e.g. healthcare- related mou� J� I'll Primary Jobs - --1dL - Any industry creating "primary jobs" defined as a job that is available at a company for which Creating Industry a majority of the products or services of that company are ultimately exported to regional, statewide, national, or international markets infusiq rk�,Oollars, into the local economy. . . ...................... . . ...... . . ............... ....... . ...... .. . ... .. .... . YearBase Value The assessed value of eligible property as of January 1, preceding the date of execution of the agreement plus the agreed upon value of eligible property improvements made after January 1, but before the execution of the agreement. The Base Year Value may be adjusted either up or down from y�w to year Appy*a! District. r as per renditions by the Lamar County Employer -` .......... . -'-- ;the owner or lessee of property, who is applying for tax abatement and who will provide jobs and capital investment within the Reinvestment Zone or within the Enterprise Zone. ri -decided" 'e, iiei�eni Zone An area where the.... Ju�� h- av e to influence u n"c' e development patterns and attract major investments that will contribute to the development of the area through the use of tax abatement for specified improvements. These statues are found in Chapter 312 of the Texas Tax Code. Enter r ' Zone ......... .... . An Elm of lan�*nated as such under Clmpter 2303 of the Texas Government Code. , , i"week '-for , "a Job or Jobs A "job" is when an individual works 40 hours per ne m" pl-o"y—er,—,a-n,-d-in---th-e--po—siti-on the individual is provided the benefits normally offered by the employer, such as health insurance, vacation and some form of retirement benefit A job is not a position filled for the employer as a worker or employee of an employment agency or employment service. "Jobs" also includes "Full-time E,,uivalent Jobs" defined below. Full-time Equivalent .............. . ....... . The intention of the governing bodies is to provide a company the maximum flexibility in running (FM) Jobs their business and making business decisions, especially related to staffing. The following definition of FTE will be reflected in all incentive agreements. An FTE is: 1. An individual working 40 hours per week in ajob defined above. 2. A number o jobs where the hours worked in each suchjob is less than 40 hours Baer..... . .. . ..... (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT Y employer g........-. �A... week, made available b one em to er and added to ether to total 40 hours per week For example, fourteen (14) part-time jobs made available by one employer where all such part- time jobs added together require a total of 380 hours of work per week (but no such part- time job requires 40 hours of work or more per week), will equal nine and one-half (9.5) FTE jobs (380 hours divided by 40 hours per week equals 9.5). 3 FTEJ94o not quire the employee to receive benefits from the emi aloyer. Modem�zation The replacement and upgrading of existing facilities, which increases the productive input or output, updates the technology, or substantially lowers the unit cost of operation. Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment, but shall not be for the purpose of reconditioning, refurbishing, relsuzn, or deferred maintenance. Personal Pro Machin la Property Machinery, equipment, tools, shelving or materials eligible under applicable law for tax a abatement, which can be removed from an authorized facili r Proeri�� Real r,�qy or Personal Proper defined herein that is eligible for tax abatement. Real Property The land within an Enterprise Zone or a Reinvestment Zonetogether with all " , g improvements and fixtures constructed or otherwise situated thereon. -Tax Abatement The Tax Abatement Advisory Com m .- - - _ . h " ry mmittee will be convened from time to time by the Paris Advisory Committee Economic Development Corporation to study, review and recommend tax abatements to the applicable Taxing Jurisdictions in the City of Paris and Lamar County, Texas. The Tax Abatement Advisory Committee will be composed of one person from each of the Taxing Jurisdictions: the City of Paris (the City Manager or designee), the County of Lamar (the County Judge or designee), Paris Junior College (the President or designee), the Chief Appraiser of the Lamar County Appraisal District, and the Executive Director of the Paris Economic Development Corporation. Recommendations from the Tax Abatement Advisory Committee shall be decided by majority vote of the representatives from the three taxing entities referenced above. 9 (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT APPENDIX B Abatement Agreement Terms and Conditions After approval, the Taxing Jurisdictions shall formally pass an order or resolution and authorize the execution of an agreement with the owner and/or lessee of the authorized facility, which shall include, but not be limited to the following terms and conditions: Contract Terms & Conditions Project The following project specifics will be included: Description 1. The base year value. 2. Percent of increased value to be abated each year. 3. The commencement date and the termination date of abatement. 4. Amount of investment and average number of jobs involved during the term of the agreement. 5. The proposed use of the authorized facility, nature of construction, time schedule, plat, property description, and improvement list, as provided in the application. 6. A listing of the kind, member, location, and costs of all proposed improvements of the property. 7. A statement limiting the uses of the property consistent with the general purpose of encouraging development or redevelopment of the reinvestment zone during the period that property tax abatement is in effect. 8. That access to the project is provided to allow for the inspection by Taxing Jurisdictions' inspectors and officials in order to ensure that the improvements or repairs are made according to the specifications and conditions of the agreement. 9. That property tax revenue lost as a result of the tax abatement agreement will be recaptured by the Taxing Jurisdictions if the owner of the property fails to make the improvements or repairs as provided by the agreement. 10. Each term agreed to by the owner of the property. 11. A requirement that the owner of the property shall certify annually to the Taxing Jurisdictions that the owner is in compliance with each applicable term of the agreement. 12. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment, or other provisions that may be required by state law, or in the discretion of the Taxing Jurisdictions' governing body. 13. That the Taxing Jurisdictions may cancel or modify the agreement if the property owner fails to comph with the agreement. Default If the Taxing Jurisdictions determine that the person or entity receiving an abatement is in default according to the terms and conditions of its agreement, the Taxing Jurisdictions shall notify the company or individual in writing at the address stated in the agreement, and if such default is not cured within a reasonable time specified in such notice ("cure period"), then the agreement may be modified or terminated without further notice. In the event the company or individual allows its ad valorem taxes owed to the Taxing Jurisdictions to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest, or violates any of the terms and conditions of the agreement and fails to cure during the cure period, the agreement then may be modified or terminated without further notice, and the agreement may provide a formula for recapture of all or part of the taxes abated. At any time before the expiration, any tax abatement agreement may be terminated by mutual consent of all parties involved in the same manner that the agreement was executed ., _...� Confidentiality Information that is provided to a Taxing Jurisdiction in connection with an application or request of Proprietary for tax abatement under these Policies, Criteria and Guidelines, and that describes the specific Information processes or business activities to be conducted or the equipment or other property to be located on the property for which tax abatement is sought is confidential and not subject to public disclosure until the agreement is executed. Such information in the custody of the Taxing Jurisdictions after the aeement is executed ise not confidential hereunder. Inspections The agroament shall stipulate that employees and/ or desienated representatives of the Taxine 10 Modifications of Agreement Assignment (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT Jurisdictions will have access to the reinvestment zone during the term of the agreement to inspect the authorized facility to determine if the terms and conditions of the agreement are being met. All inspections will be made only after the giving of at least twenty-four (24) hours' prior notice and will only be conducted in such a manner as to not unreasonably interfere with the construction and/or operation of the authorized facility. All inspections will be made with one or more representatives of the company or individual and in accordance with its safety standards. Upon completion of construction, the Taxing Jurisdictions shall annually evaluate each authorized facility receiving abatement to ensure compliance with the agreement and report possible violations of the agreement to the Taxm Jurisdictions goverrnng bodies . �. At any time before the expiration of an agreement made under these Policies, Criteria and Guidelines, the agreement may be modified by the parties to the agreement to include other provisions that could have been included in the original agreement or to delete provisions that were contained in the original agreement. The modification must be made by the same procedure by which the original agreement was approved and executed. The original agreement, however, may not be modified to extend the term of the agreement or the term of the abatement !„ ted therein beyond the time ermrtted by State law. __ �...�. i An agreement may be assigned to a new owner or lessee of the authorized facility only with the prior written consent of the Taxing Jurisdictions. Any assignment shall provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor upon the same terms and conditions as set out in the agreement, and the Taxing Jurisdictions' approval shall be subject to the determination of the financial capability of such assignee. Any assignment of an agreement shall be to an entity that contemplates the same improvements or repairs to the property, except to the extent such improvements or repairs have been completed. No assignment shall be approved if the assignor or the assignee is indebted to the Taxing Jurisdictions for ad valorem taxes or other obligations, or if any event of default under the agreement remains uncured. Administration, 1. Each Taxing Jurisdiction shall be responsible for the administration, review, and momtormg Contract of tax abatement agreements authorized by them Taxing Jurisdictions under these Policies, Review, Criteria and Guidelines. These responsibilities shall include annually verifying participants in Monitoring and tax abatement agreements are in full compliance with the terms of the agreement, including Reporting completion and submission of all required documents in a timely manner. 2. The Paris City Attorney shall expeditiously advise the Taxing Jurisdictions in writing of any instances of contract non-compliance by tax abatement participants. In addition, the Paris City Attorney shall, on an annual basis, conduct a performance review of the activities of each tax abatement participant and report the findings of such review to the leadership and governing bodies of each taxing entity. 3. The Taxing Jurisdictions' governing bodies shall retain the right to independently review and audit the activities of tax abatement participants, and shall be responsible for enforcement of the terms of any tax abatement agreement authorized hereunder. 4. Annually the Paris City Attorney shall report to each of the governing bodies on its momtong and compliance activities and the status of all existing abatement agreements. 11 Exhibit 5 FORM: Certificate of Compliance 19 EXHIBIT 5 Annual Certificate of Compliance/Non-Compliance Year —20_ Pursuant to the Tax Abatement Agreement ("the Agreement") Between the City of Paris, Texas And Ametsa Packaging, LLC Dated April 24, 2023 THE STATE OF TEXAS § COUNTY OF LAMAR § INITIAL WHERE APPROPRIATE: Ametsa Packaging, LLC (the "Company") hereby certifies that: (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) In . the Company maintained no fewer than fifteen (15) full-time employees to operate the Paris Facility. The total number of full-time employees working at the Facility as of the date of this report is (3) The Company has continuously operated the Property and Improvements described in the Agreement in accordance with the terms thereof. (4) The Company submits herewith and attaches hereto copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of (year preceding the date of the certification). (6) All other terms and conditions of this Agreement have been complied with. Ametsa Packaging, LLC certifies that the company is not in compliance with its agreement with City of Paris for the year Please Circle the number of the item(s) above in which you believe that the Company has failed to comply and state in what way compliance with the term or terms were not met. Attach additional pages if necessary. VERIFICATION STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned notary, on this day personally appeared J the affiant, a person whose identity is known to me. After I administered an oath to affiant, affiant testified: M name is y I am capable of making this verification. I have read mm.,.. ..� the foregoing Certificate of Compliance/Non-Compliance. The facts stated in it are within my personal knowledge and are true and correct, and I further certify that the Employer Reference Summary pages are true and correct copies of those reports filed with the Texas Workforce Commission." Signature of Company Representative Position/Title Sworn to and subscribed before me this the _ day of,.,,,,,,a 20_. Notary Public, State of Texas Exhibit 6 FORM: Certificate of Completion 20 CERTIFICATE OF COMPLETION STATE OF TEXAS § COUNTY OF LAMAR § CITY OF PARIS § The City of Paris, Texas has executed and delivered a Tax Abatement Agreement (the "Agreement") dated April 24, 2023, with AMETSA PACKAGING, LLC, for certain improvements and equipment (collectively, the "Improvements") to be installed on property located in Paris, Lamar County, Texas, said Improvements described in Exhibit A attached hereto, which property is located within an Enterprise Zone established by the United States Census in 2010. Based on information provided by Company and verified by the City, the City of Paris herein verifies that the Improvements agreed to be installed and used in the calendar year 2023 have in fact been completed as provided for in the Agreement and that the Company has complied with all other terms of the Agreement including those related to employment levels. NOW, THEREFORE, the City of Paris authorizes that the property described in Exhi]Li—tA attached hereto shall receive a tax abatement during each year through the end of the term the Tax Abatement Agreement equal to 100% in years 2024 and 2025; 75% in years 2026 and 2027; 50% in years 2028 and 2029; and 25% in the year 2030, of the taxes assessed upon the increased value of the real and personal property of the Company located in Paris, Texas, over the value at which the property was last appraised on January 1, 2023, which is the year in which the Tax Abatement Agreement was executed, as recited in the Agreement. The tax abatement will extend for a duration of seven (7) years, with the tax abatement beginning January 1, 2024, and ending December 31, 2030. APPROVED this day of _. Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Item No. 16 TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Todd Mittge, City Engineer SUBJECT: Amendment of Engineering Department Site Plan Review Fee and Site Permit and Engineering Fee MTG. DATE: April 24, 2023 BACKGROUND A new fee schedule related to the development process was adopted by City Council at the December 12, 2022 regular meeting. After feedback from developers, City Staff discovered errors in the Engineering fee schedule items contained in Appendix A, Section A3.002(b)(1) and (b)(2). These errors have resulted in fees significantly higher than what was intended or is necessary. As currently written the fee schedule calls for: "Site permit and engineering fee: 3% of job cost" and "Site Plan review: 25% of permit fee". STATUS OF ISSUE: Since Council approved the fee schedule revisions in December, the City has assessed several fees on several construction projects. OPTIONS: After careful review, City Staff has determined that a fee of 3% of the cost of proposed public improvements (rather than total job cost) with a minimum cost of $100 would be fair and reasonable. The percentage would cover the cost of reviewing and inspecting improvements to be dedicated to the public and the minimum cost would cover review of civil plans that do not include public dedication. City Staff are requesting permission from Council to refund the developers who have been affected by the December fee schedule in an amount that is equal to the difference between what the developer actually paid and what they would be required to pay under the amended schedule. RECOMMENDATION Adopt an ordinance deleting Appendix A Section 3.002 (b) (1) and amending Appendix A Section 3.002 (b) (2) to read, "Site permit and engineering fee: 3% of cost of public improvements. $100 minimum." Staff also recommends that Council authorize compensation to any developer who has paid the site permit and engineering fee under the December fee schedule in an amount equal to the difference between what was originally paid and what would be assessed under the amended schedule. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING APPENDIX A, "FEE SCHEDULE," SECTION A3.002(b), "ENGINEERING DEPARTMENT FEES," OF THE CODE OF ORDINANCES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Appendix A of the City of Paris Code of Ordinances provides a fee schedule for city permits and services, including those related to construction and development; and WHEREAS, the City Council amended the fee schedule on December 12, 2022; and WHEREAS, since that time it has come to the attention of City Staff that there is an error in the schedule for Engineering department fees relating to site plan reviews and permits, which error has resulted in the assessment of excessive fees in some cases; and WHEREAS, the City Council finds it desirable to revise these fee schedule so as to correct this error; 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 ordinance are hereby in all things approved. Section 2. That Appendix A, Article A3.002(b), "Engineering department fees," shall be and is hereby amended to read as follows: "(b) Engineering department fees. (1) Site plan review: 2596 of pelf ;* fee-. Site l:,ermit and en�p neering, fee with 1, ublic improvements 3N. of the cost of public improvements (2) Site permit and engineering fee—„fob with no iubl c i 1 rovements: $100.00. 301of job ee4 (3) Grading permit: $250.00. (4) Clearing permit (tree removal): $200.00. (5) Right-of-way (ROW) - working in right-of-way: $100.00.” 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 S. 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 24th day of April, 2024. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Item No. 17 Memorandum TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development Duke McGee, Building Official SUBJECT: Consider and Adopt Amendment to the City Code Removing a Residency Requirement for Council Appointment to the Building Board of Appeals DATE: April 24, 2023 BACKGROUND The newly adopted updates for the 2021 ICC Building and Fire Codes, including the local amendments created a conflict with the current City Code Section 4.02.002 (a) which requires that: "The appointed members shall be residents ofor own or operate businesses located ivithin the city and shall not be employees cif the city." This required residency provision for appointment by the City Council to this board conflicts with the newly adopted 2021 Codes best practices which is not based upon a residency requirement, but rather upon training and qualifications within the specific technical area(s) of expertise. Community Development and Fire Department Staff believe that certain qualifications under these required duties, roles and responsibilities will be very difficult to find from within the City of Paris corporate boundary. There is a concern with being able to 1) find the full slate of required professionals needed to fill this Board living within Paris and 2) the lack of there being many professionals in a certain field may create instances of conflict of interests. A specific example from the newly adopted International Building Code (IBC) cites as follows: Section B 101.3.6 states: "A member with any personal, professional or financial interest in a matter before the board shall declare such interest and refrain from participating in discussions, deliberations and voting on such matters." The concern regarding this safeguard relates back to the qualifications of the Building Board of Appeals appointments requiring that they have professional experience, training, licensing and expertise in the various trades. The attached amendment will make all references to this residency requirement consistent within both documents and give us the greatest chance of filling these positions with candidates having the required qualifications. RECOMMENDATION Staff recommends approval of the ordinance amendment to the City Code removing a residency requirement for Council Appointment to the Building Board of Appeals. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 4, "BUILDING REGULATIONS," SECTION 4.02.002(a), OF THE CITY OF PARIS, TEXAS CODE OF ORDINANCES TO DELETE THE RESIDENCY REQUIREMENT FOR SERVING ON THE BUILDING BOARD OF APPEALS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 4.02.002 provides for a Building Board of Appeals to hear and decided appeals of orders and decisions or determinations by the building official or fire marshal relating to the application and interpretation of the technical provisions of the city's adopted building and fire codes as relates to commercial and residential construction in the city; and WHEREAS, the City Council of the of Paris has recently adopted the 2021 editions of the International Building Code, the International Fire Code, the International Existing Building Code, the International Residential Code, the International Fuel Gas Code, the International Plumbing Code and the International Mechanical Code as well as the 2020 Edition of the National Electrical Code, each of which prescribes the requirements and qualifications for service on a Building Board of Appeals, which qualifications do not contain a residency provision nor a requirement that a member, if not a resident, own a business within the city; and WHEREAS, because Paris is a small community, the existence of a residency or business ownership requirement for membership on the Building Board of Appeals has made it extremely difficult to constitute this board; and WHEREAS, the City Council, taking into consideration the above and wishing to eliminate any inconsistencies between Sec. 4.02.002 and the City's adopted building and fire codes, finds it to be in the best interest of the city to eliminate the residency and business ownership requirements for service on the Building Board of Appeals; Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS THAT: Section 1. The findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. Section 4.02.002 (a) of the Code of Ordinances shall be amended to delete the residency and alternative business ownership or operation requirements for service on the Building Board of Appeals, and shall read as follows: "4.02.002 Building board of appeals. (a) Created, composition. There is hereby created a board to be known as the building board of appeals. The board shall be composed of five (5) regular voting members who are appointed by the city council and that are qualified through their individual experience to pass upon matters pertaining to building and fire code related issues. The city council shall also appoint two (2) alternate members to serve in the absence of a regular member. The appointed members shall be residents of er eu n -Ar-- operate businesses leeated t ,4hi the nl+-.T and shall not be employees of the city. The building official and fire code official shall be ex -officio, non-voting members of the board." 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. Page 2 of 3 PASSED AND ADOPTED on this 24th day of April, 2023. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie Harris, City Attorney Page 3 of 3