Agenda PacketAMENDED 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, November 13, 2023. The meeting will be held at the City Council
Chamber, 107 E. Kaufman Street, in Paris, Texas. One or all Council Members may be
attending remotely, but the feed will be available for live viewing at
https //j aristexas. ,ov/public. The matters to be discussed and acted upon are as follows:
Opening Agenda
1. Call meeting to order.
2. Invocation.
3. United States Pledge of Allegiance & Texas Pledge of Allegiance.
4. Citizens' forum.
(Persons desiring to address the Council must limit their presentation to no more than two minutes. Unless
an item is posted on the Agenda, the Texas Open Meetings Act prohibits the Council from responding to
any comments other than to refer the matter to a future agenda, to an existing policy, or to a staff person
with specific factual information. Claims against the City, Council Members, or employees, as well as
individual personal appeals are not appropriate for citizens' forum.)
If necessary, the City Council may convene into Executive Session under Chapter 551 of the Texas
Government Code regarding any item on this agenda.
Consent Agenda
Items on the Consent Agenda are approved by a single action of the Council, with such approval applicable
to all items appearing on the Consent Agenda. A Council Member may request any item to be removed
from the Consent Agenda and considered as a separate item.
5. Approve minutes from the meeting of October 23, 2023.
6. Receive reports and/or minutes from the following boards and commissions:
a. Paris Economic Development Corporation (9-14-2023)
b. Building & Standards Commission (9-18-2023)
c. Housing Authority of the City of Paris (9-19-2023)
d. Paris Visitors & Convention Council (9-16-2023)
e. Planning & Zoning Commission (10-2-2023)
7. Receive September monthly financial report.
8. Approve a Resolution Casting the City of Paris' 614 votes for Bryan Glass for
membership for the 2023-2025 Board of Directors of the Lamar County Appraisal
District.
9. Approve a Resolution Adopting the 2023 Lamar County Mitigation Plan.
10. Receipt of an updated FY 22/23 Strategic Plan.
11. Approve the Renewal of the Lake Gibbons Pasture Lease with Briana Pridemore for a
term of five (5) years in an annual amount of $24,755.00.
12. Approve the Final Plat of the Monica Addition, Lot 1, Block 1, LCAD 17458 and 17459,
located in the 2400 Block of E. Price Street.
13. Approve the Final Plat of the Habitat 69-B Addition, Lot 1, Block A, LCAD 14651,
located at 448 N.E. l Ota' Street.
14. Approve the Final Plat of the Habitat 161 Addition, Lot 1, Block A, LCAD 16659,
located at 813 S.E. 5t" Street.
15. Approve a three-year agreement in the annual amount of $28,500.00 with Spear Tip's
ShadowSpear Platform to provide services to the City for cybersecurity; and authorize the
City Manager to execute all necessary documents.
Regular Agenda
16. Convene into executive session Section 551.071 of the Texas Government code,
Consultation with Attorney, to receive legal advice from the City Attorney about (1)
pending or contemplated litigation and/or (2) on matters in which the duty of an attorney
to her client under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflict with this chapter, to -wit: Oscar Renda Construction.
17. Reconvene into open session and possibly take action on those matters discussed in
executive session.
18. Discuss, conduct a public hearing and act on an Ordinance regarding the petition of Mark
Homer and Monica Clement for a zoning change from a One -Family Dwelling District
No. 2 (SF -2) to a Multiple -Family Dwelling District No. 1 (MF -1) in the City of Paris,
Block 222A, Lot PT 18, LCAD 17458 and 17459, located in the 2400 Block of E. Price
Street.
19. Discuss, conduct a public hearing and act on an Ordinance regarding the petition of the
City of Paris, Texas to update the Subdivision Regulations of the City of Paris, Texas,
specifically to amend Exhibit 9A — Subdivisions Ordinance for preliminary and final
platting.
20. Discuss and accept the bid form Lloyd D. Nabors Demolition for demolition of the
Belford Building, award a contract in an amount not to exceed $588,000.00; and
authorize the City Manager to execute all necessary documents.
21, Receive presentation about construction of Pickle Ball Courts at the Sports Complex; and
provide direction to staff.
22. Discuss and act on a Resolution approving and authorizing an Amendment to the
Economic Development Agreement between the City of Paris, Texas and Emerald
Hospitality, LLC (Home Suites).
23. Discuss and act on an Ordinance authorizing and directing the Director of Finance to
direct revenues collected in excess of the 2022-23 budget amount and in excess of actual
expenditures for fiscal year 2022-23 to various departments increasing their expenditure
budgets for fiscal year 2022-23 in an amount sufficient to cover all operating expenses;
making other findings and provisions related to the subject; providing a repealer clause, a
severability clause, a savings clause; and providing an effective date.
24. Discuss and act on an Ordinance authorizing the issuance of a solid waste collection
permit to Triple T Sanitation (Pursuant to Sec. 12.04.42(d) of the Code of Ordinances,
passage of this ordinance requires five affirmative votes).
25. Receive the Annual Comprehensive Financial Report (ACFR) Fiscal Year Ending 9-30-
2022.
26. Convene into executive session pursuant to:
A. Section 551.071 of the Texas Government Code, Consultation with Attorney,
to receive legal advice from the City Attorney about (1) pending or
contemplated litigation and/or (2) on matters in which the duty of an attorney
to her client under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflict with this chapter, as follows: Waste
Water Treatment Plant Access Easement.
B. Section 551.087 of the Texas Government Code, (1) to discuss or deliberate
regarding commercial or financial information that the governmental body has
received from a business prospect that the governmental body seeks to have
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: West Gate Tax
Abatement Agreement.
27. Reconvene into open session and possibly take action on those matters discussed in
executive session.
28. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
29. 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 November
10, 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
DRAFT CITY COUNCIL MINUTES
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
October 23, 2023
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
October 23, 2023, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present: Mayor: Reginald B. Hughes
Council Members: Shatara Moore, Gary Savage, Rebecca Norment,
Clayton Pilgrim, and Rudy Kessel
City Staff: Grayson Path, City Manager; Doug Harris,
Assistant City Manager; Stephanie Harris, City
Attorney; Janice Ellis, City Clerk; Gene Anderson;
Finance Director; Rich Salter, Police Chief; Todd
Mittge, City Engineer; and Michael Smith, Public
Works Director
Absent: Mayor Pro -Tem: Mihir Pankaj
O penin , A $ends
1. Call meeting to order.
Mayor Hughes called the meeting to order at 5:30 p.m.
2. Invocation.
Finance Director Gene Anderson gave the invocation.
3. United States Pledge of Allegiance & Texas Pledge of Allegiance.
Boy Scout Troop 2 led the United States Pledge of Allegiance and the Texas Pledge of
Allegiance.
4. A. Veterans Memorial Day Remembrance.
Mayor Hughes said it was an honor to pay tribute to the dedicated veterans who had
served this great nation with such distinction, both in peacetime and in war. On behalf of the
Paris City Council, he invited everyone to the Veterans Day Remembrance Memorial on
Saturday, November 11th at 2:00 p.m. at the Love Civic Center.
Regular Council Meeting
October 23, 2023
Page 2
B. Citizens' Forum.
Alvin Atwood, 2419 Bonham — he said the water and sewer rates continued going up. He
said this hindered him to provide for his family and he was going to put in his own harvest
system and he was willing to fight over it in court.
James O'Bryan, 3150 Bonham — he said the basic needs of citizens should be addressed
and that a single complaint did not warrant regulation by municipal governments. He said
municipal governments had gone too far and urged everyone to vote for proposition 1 in the
Texas Constitution Amendment Election.
Randy Hider, 120 Eastland Ave. — he said City Staff had been amazing in helping him
work through the platting process.
Consent Agenda
Mayor Hughes inquired of Council Members if they wished to pull any items from the
consent agenda for discussion. Council Member Savage asked that item 8 be pulled and the
report of demolition and code enforcement activities read. He said the public needed to know
what had been done because these items had come up in the West Paris Town Hall meetings.
City Manager Grayson Path read the report. No other items were pulled for discussion. A
Motion to approve the consent agenda was made by Council Member Kessel and seconded by
Council Member Pilgrim. Motion carried, 6 ayes — 0 nays.
5. Approve minutes from the meeting of October 9, 2023.
6. Receive reports and/or minutes from the following boards and commissions:
a. Main Street Advisory Board (9-12-2023)
b. Historic Preservation Commission (9-13-2023)
c. Paris Visitor & Convention Council Quarterly Reports
d. Love Civic Center Quarterly Reports
7. Receive September drainage report.
8. Receive demolition and code enforcement activity reports.
9. Approve the Final Plat of the Huey Addition, Block 102, Lot 1, LCAD 15580-582,
located in the 1400 Block of Lamar Ave.
10. Approve the Final Plat of the Asay Polk Street Addition, CB 253B, Block A, Lot 1,
LCAD 18085, located in the 2100 Block of E. Polk Street.
11. Approve the Final Plat of the Sky Sherman Street Addition, CB 102, Block A, Lot 1,
LCAD 15396-340, located in the 300 Block of West Sherman Street.
Regular Council Meeting
October 23, 2023
Page 3
12. Approve the Final Plat of the Hider 158 Addition, Block A, Lot 1, LOAD 16556, located
in the 1000 Block of S. Church Street.
Regular Agenda
13. Discuss, conduct a public hearing and act on an ORDINANCE NO, 2023-066: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS
AS HERETOFORE AMENDED, SO AS TO ALLOW A SPECIFIC USE PERMIT
(SUP) FOR AUTO FUEL SALES IN A COMMERCIAL DISTRICT (C) IN THE CITY
OF PARIS BLOCK 251, LOT PT OF 27-13, LOAD #53673, LOCATED AT 2335 N.
MAIN STREET; PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE,
Community Development Coordinator Triniti Frazier explained that the applicant
requested a Specific Use Permit to remodel an existing building, which was formerly Church's
Chicken and the Shell Station, located at 2335 North Main Street. She said the site plan reflected
no changes to the site. She also said City Staff had been notified that removal of the fuel tanks
had been completed. Ms. Frazier also said planned improvements included repair arid
replacement of broken pavement, including the driveway approach and where feasible, some of
the pavement would be replaced with green space in order to bring this legal non -conforming site
closer into conformity with the buffer yard, green space, and planting requirements. Ms. Frazier
reported that the Planning & Zoning Commission recommended approval with the seven
conditions listed on the memo in their agenda packets.
Mayor Hughes opened the public hearing and asked far anyone wishing to speak in favor
or opposition of this item to please come forward. With no one speaking, Mayor Hughes closed
the public hearing,
A Motion to approve this item with the conditions set out was made by Council Member
Pilgrim and seconded by Council Member Savage. Motion carried, 6 ayes — 0 nays.
14. Discuss and act on RESOLUTION NO. 2023-046: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, NOMINATING HUHTAMAKI, INC.
TO THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND
TOURISM (CSC GEDT") 'THROUGH THE ECONOMIC DEVELOPMENT BANK
("BANK") FOR DESIGNATION AS A QUALIFIED BUSINESS AND AN
ENTERPRISE PROJECT ("PROJECT") UNDER THE TEXAS ENTERPRISE ZONE
PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303,
TEXAS GOVERNMENT CODE ("ACT"); AND PROVIDING AN EFFECTIVE
DATE.
PEDC Executive Director Maureen Hammond said to approve this item would be no cost
to the City. She said to approve this Resolution would simply be supporting and assisting with
Huhtarnaki's application to Texas Enterprise Zone, which was a program used by the State of
Regular Council Meeting
October 23, 2023
Page 4
Texas to stimulate investment, job retention and creation. Ms. Hammond explained projects
were eligible for refunds of the state -portion of sales and use taxes paid on taxable purchases
made for the designated facility for a five-year period. City Attorney Stephanie Harris said an
Ordinance in 2016 was approved that allowed the City to participate in the program and
nominate projects.
A Motion to approve this item was made by Council Member Savage and seconded by
Council Member Pilgrim. Motion carried, 6 ayes — 0 nays.
15. Discuss and approve an agreement with Garver Engineering in the amount of
$118,158.00 for performing a lead service inventory; and authorize the City Manager to
execute all necessary documents.
Public Works Director Michael Smith said EPA initiated the Lead and Copper Rule on
June 7, 1991 to protect public health by minimizing lead and copper levels in drinking water. He
also said a recent revision made to LCR mandated public water suppliers to complete a Lead
Service Line Inventory of their distribution system. Mr. Smith said staff's recommendation was
to enter into an agreement with Garver to perform a lead service line inventory.
A Motion to approve this item was made by Council Member Pilgrim and seconded by
Council Member Kessel. Motion carried, 6 ayes — 0 nays.
16. Discuss and act on ORDINANCE NO. 2023-067: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF
A SOLID WASTE COLLECTION PERMIT TO NETX DUMPSTER RENTALS, LLC
FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING
AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND
INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS,
TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE
OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
City Clerk Janice Ellis said NETX Dumpster Rentals had filed for an application for a
solid waste collection permit and had submitted the required certificate of liability insurance.
Ms. Ellis said this company was new to Paris, and that staff recommended approval of this item.
A Motion to approve this item was made by Council Member Savage and seconded by
Council Member Pilgrim. Motion carried, 6 ayes — 0 nays.
17. Discuss and act on RESOLUTION NO. 2023-047: A RESOLUTION OF THE CITY OF
PARIS, TEXAS, TO REPEAL RESOLUTION 2023-045 NOMINATING PAT
MURPHY TO SERVE ON THE BOARD OF THE LAMAR COUNTY APPRAISAL
DISTRICT; NOMINATING BRYAN GLASS TO SERVE ON THE BOARD OF THE
LAMAR COUNTY APPRAISAL DISTRICT FOR A TERM OF OFFICE OF TWO
YEARS BEGINNING JANUARY 1, 2024; MAKING OTHER FINDINGS AND
Regular Council Meeting
October 23, 2023
Page 5
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
Ms. Ellis said on October 9"' the City Council nominated Pat Murphy to serve on the
Lamar County Appraisal District Board of Directors and subsequently, the City Staff learned that
a State statutory provision rendered Mr. Murphy ineligible to serve. She also said that Council
Member Pilgrim and Mayor Pro -Tem Pankaj had been working together to bring a name forward
for consideration. Council Member Pilgrim said their recommendation was Bryan Glass, a local
realtor.
A Motion to repeal Resolution 2023-045 and to Nominate Bryan Glass to serve on the
Board of the Lamar County Appraisal District was made by Council Member Pilgrim and
seconded by Council Member Norment. Motion carried, 6 ayes — 0 nays.
18. Discuss and act on an Agreement with Placer.ai in the amount of $5,000.00 (total cost of
$15,000.00), for a joint program with Paris Economic Development Corporation and the
Lamar County Chamber of Commerce for the purpose of collecting area analysis.
City Manager Grayson Path explained that Placer.ai was a location analytics company
that collected geolocation data from mobile devices, and supported needs to measure store
traffic, foot traffic counts and provided insight to understand how promotions, holidays,
seasonality and events impact business. Mr. Path said the City of Paris wanted to partner with
the Paris Economic Development Corporation and the Lamar Chamber of Commerce to fund the
purchase of a one-year subscription with each organization providing $5,000.00. Lamar County
Chamber President Paul Allen said the detail of this data provided a lot of information, and gave
an example of 10,000 people attending the Festival of Pumpkins, where they are from and where
they spend their money in the City. He said this information was gathered from "pings" on cell
phones.
A Motion to approve this item was made by Council Member Savage and seconded by
Council Member Norment. Motion carried, 6 ayes — 0 nays.
19. Convene into executive session pursuant to:
A. Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive
legal advice from the City Attorney about (1) pending or contemplated litigation and/or
(2) on matters in which the duty of an attorney to her client under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflict with this chapter,
to -wit: City of Paris v. Essent PRMC.
B. Section 551.087 of the Texas Government Code, (1) to discuss or deliberate regarding
commercial or financial information that the governmental body has received from a
business prospect that the governmental body seeks to have 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
Regular Council Meeting
October 23, 2023
Page 6
financial or other incentive to a business prospect described by Subdivision (1), as
follows:
1) Economic Development Agreement with Emerald Hospitality, LLC re: Home 2
Suites Development;
2) Tax Abatement Agreement with We're Going to Paris, LLC re: Westgate Apartments
3) Project Vine to Paris;
4) Project Green House.
Council Member Norment said she needed to be recused from item 19A. A Motion to
recuse Council Member Norment from item 19A was made by Council Member Pilgrim and
seconded by Council Member Kessel. Motion carried, 6 ayes — 0 nays.
Mayor Hughes convened City Council into executive session at 5:50 p.m. Mayor Hughes
reconvened City Council into open session at 6:35 p.m. A Motion to bring Council Member
Norment back to the meeting was made by Council Member Savage and seconded by Council
Member Pilgrim. Motion carried, 5 ayes — 0 nays. Mayor Hughes convened City Council into
executive session at 6:36 p.m. for the remainder of the items.
20. Reconvene into open session and possibly act on those matters discussed in executive
session.
Mayor Hughes reconvened City Council into open session at 6:50 p.m. and said there was
no action to be taken.
21. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
Mayor Hughes reminded everyone that the fourth West Paris Town Hall meeting was
scheduled for Tuesday, October 31St at 2:00 p.m. at the Historic Union Depot, and the fifth and
final West Paris Town Hal meeting was scheduled for Thursday, November 2"d at 9:00 a.m. at
City Square.
Council Member Savage said he would like for the City Council to receive quarterly
reviews of the demolitions and code reports.
22. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Pilgrim and seconded by Council Member Kessel. Motion carried, 6 ayes — 0 nays. Mayor
Hughes adjourned the meeting at 6:52 p.m.
REGINALD B. HUGHES, MAYOR
JANICE ELLIS, CITY CLERK
Item No. 6
R
ISTEXAS
autiuW�RIC 17u Vsr LCIP114w X41 CORIP tiRAMON,
PARIS ECONOMIC DEVELOPMENT CORPORATION
MONTHLY MEETING
Paris City Council Chambers
107 East Kaufman St.
Paris, Texas 75460
Thursday, September 14, 2023
5:30 O'CLOCK P.M.
MINUTES
Board Members Present:
Josh Bray, Chairman
Curtis Fendley, Vice -Chairman
Chase Coleman, Secretary/Treasurer
Stephen Terrell
Erik Roddy
Ex -Officio Members Present:
Grayson Path, City Manager
Dr. Pam Anglin, President PJC
Staff Present:
Maureen Hammond, Executive Director
Lauren Trejo, Economic Dev. Specialist
Stephen Kelly, Executive Assistant
Legal Counsel:
Casey Gain, PEDCAttorney
Guest(s) Present:
Mary Madewell, The Paris News
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 Thursday, September 14, 2023.
Invocation
Mr. Terrell gave the invocation.
Welcome and Opening Remarks
Chairman Bray opened by expressing appreciation to everyone in attendance.
Citizens' Input
Chairman Bray invited those present to speak during the Citizens' Input.
No one came forward, and Chairman Bray closed citizens' input.
r r
r
/
/ r
r
,f
1
r
li �d&Ui]STEXAS
114MIdlC uOUtIlOYfuam'h e0°,irEM)
Discuss and Consider Approval of the Minutes of the Annual Meetin held Au ust 15 2023
Chairman Bray presented the August 15, 2023, meeting minutes for review and discussion.
Mr. Roddy made a motion to approve the August 15, 2023, minutes. Mr. Terrell seconded the motion.
Vote: 5 -ayes to 0 -nays
Discuss and Consider Aggrqyglof the Au ust 2023 Financial Statements
Secretary/Treasurer Chase Coleman presented financial reports ending August 31, 2023. Mr. Coleman
reported total assets of $9,494,754 and total liabilities of $2,267,252, with a total net position of
$7,227,502.00. He presented that sales tax revenue for the month of August was $390,013 including
sales tax revenue of $192,437 dollars and $180,000 for the Community Advisory Board program. After
the deduction of interest expenses, the PEDC had a net income of $328,062.
Mr. Coleman briefly discussed the income statement for the 11 months to date along with direct
business incentives. He went on to note that the PEDC is operating ahead of budget, revenues are
strong, expenses are within budget and so far, the PEDC is having a good year.
Chairman Bray asked the board if there were any additional questions or comments regarding the
Financial Statements as presented. No additional questions/comments followed.
Mr. Fendley moved to approve the August 2023 financial reports. Mr. Terrell seconded the motion.
Vote: 5 -ayes to 0 -nays
Discuss and Consider Approval of the McClanahan and Holmes LLP 2023 Audit En a ement Letter
Ms. Hammond presented the engagement letter provided by McClanahan and Holmes, LLP for the 2023
audit for discussion and approval.
Mr. Terrell made the motion to accept the Audit Engagement Letter as presented and to authorize Ms.
Hammond to sign and submit the letter. Mr. Fendley seconded the motion.
Vote: 5 -ayes to 0 -nays
Re ort and U - dates bv Executive Director Maureen Hammond
LionsHead Specialty Tire & Wheel: Ms. Hammond provided an update on this project, stating that the
LionsHead facility is continuing to make progress with the concrete pavement being poured and the
start of foundation work beginning for the building. Ms. Hammond noted that the steel is expected to
arrive in October.
TxDOT: Ms. Hammond gave an update on the current construction process of TxDOT's new district
headquarters at the Gene Stallings Business Park. She encouraged those who haven't driven by to please
do so to witness the construction progress that is being made.
,r
J
I � l
1 / �
OIG JI BGG P ti
19
Additionally, Ms. Hammond reported that the city's installation of water lines for Gene Stallings
Business Park is nearing completion. She went on to note that power will be the next part of the
construction phase.
Ms. Hammond concluded her report by stating great progress has been made on both of these projects.
No additional questions/comments followed.
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 to 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 another incentive to a
business prospect described by Subdivision (1), to wit:
a) Project Clydesdale
b) Project Vine to Paris
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 5:56 p.m.
Reconvene into Open Session and Consider Action on Items Discussed in the Executive Session
Chairman Bray reconvened the Board into an Open Session at 6:30 p.m. and began to take action on the
items discussed in the executive session.
Mr. Fendley made the motion to extend the PEDC option agreement with Project Clydesdale as
discussed in the executive session. Mr. Coleman seconded the motion.
Vote: 5 -ayes to 0 -nays
Mr. Fendley made the motion to authorize Mr. Bray, Mr. Coleman, and Ms. Hammond to enter into an
agreement with Kincaid Mulching to clear PEDC property on the South Loop as discussed in the
executive session. Mr. Coleman seconded the motion.
Vote: 5 -ayes to 0 -nays
Mr. Fendley made the motion to exercise the PEDC's option on the land and building on Loop 286 and
authorize Mr. Bray to execute related agreements as discussed in the executive session. Mr. Coleman
seconded the motion.
Vote: 5 -ayes to 0 -nays
So % (Ir , ,
I,,,,'CON0MAC IDEVE.LOPPIRE747 irtiePY"RPP Rd,,TWM
Discuss Future Agenda Items
No future agenda items were brought forward to discuss.
No additional questions/comments followed.
Closin Remarks
None
Adjourn
Chairman Bray declared the meeting adjourned.
The meeting was adjourned at 6:32 p.m.
Respectfully submitted,
Stepen Kelly
Executive Assistant
Paris Economic Development Corporation
MINUTES OF THE BUILDING AND STANDARDS COMMISSION MEETING
OF THE CITY OF PARIS, TEXAS
SEPTEMBER 18, 2023
The Building and Standards Commission of the City of Paris met for a regular session at 3:10 p.m.
on Monday, September 18, 2023, at the City of Paris Council Chambers, 107 E. Kaufman St.,
Paris, TX 75460.
Present: Board Members: Kim Walker
Reeves Hayter
Richard Thompson
Mike Folmar
Brandon Kearney
Ken Kohls
City Representatives: Robert Vine — Assistant City Manager
Cade Oats — Assistant Fire Marshal
Robert Talley — Code Enforcement
Nicki Brown — Code Enforcement
Jacie Sparks — Community Development Secretary
Stephanie Harris — City Attorney
Andrew Mack — Director of Planning & Community
Development
Absent: Board Members: Chris Fitzgerald
1. Call meeting to order.
Kim Walker, Secretary, called the meeting to order at 3:10 p.m. Reeves Hayter, Chairman
was running late.
2. Approve minutes from the meeting of August 21, 2023.
Motion made by Richard Thompson, seconded by Mike Folmar, to approve
minutes. Motion carried unanimously. 5-0
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:
C. 244 NE 5th; City Block 36, Lot 12
Owner: William R Freeman — present — 2860 Sunnyvale, TX, 75182
Robert Talley stated owner is attempting to sell the property together with 236 NE 5a'
but he has to repair the roof to do so. Structure is unsecure, junk and rubbish, shed
Building and Standards Meeting
September 18, 2023
Page 2
burned on property, missing and deteriorated wood. Repairs on foundation had been
started but stopped due TO permits not being pulled at the time of repairs.
Stephanie Harris: Stated that there was already a demo order on the property and that
it would be up to the commission if they wanted to lift it and allow repairs.
William R Freeman: Stated that the he could start repairs on the roof next week if the
order was lifted.
Andrew Mack: Stated that if the contractor were to pull a permit, the action to demo
the house would be stayed until the building department conducted a final inspection
of the property and deemed it approved to be occupied.
Motion made by Richard Thompson, seconded by Kim Walker, to lift demo order for
repairs and give 10 days to clean junk and rubbish, and secure. Motion carried
unanimously. 5-0
Reeves Hayter entered meeting at 3:18pm.
D. 236 NE 5th; City Block 36, Lot 11
Owner: William R Freeman — present — 2860 Sunnyvale, TX, 75182
Robert Talley stated peeling and deteriorated wood, water damage, holes in roof, junk
and rubbish, unsecure.
William R Freeman: Stated that the he could start repairs on the roof next week if the
demo order was lifted.
Motion made by Richard Thompson, seconded by Kim Walker, to lift demo order for
repairs and give 10 days to clean junk and rubbish, and secure. Motion carried
unanimously. 6-0
E. 1203 SE 16th; Gibbons -Braden Block 14, Lot 13
Owner: William R Freeman — present — 2860 Sunnyvale, TX, 75182
Robert Talley stated severe fire damage and structure could not be saved.
Robert Talley's recommendation: Declare a nuisance, demo within 30 days, or city
has right to do so.
Kim Walker: Questioned if structure could be used for fire training; Cade Oats stated
that it could not be used.
William R Freeman: Stated the house was not worth saving.
Building and Standards Meeting
September 18, 2023
Page 3
Andrew Mack: Demolishing this structure will be a higher priority due to the fire
damage.
Motion made by Mike Folmar, seconded by Reeves Hayter, to follow staff
recommendation. Motion carried unanimously. 6-0
F. 1504 E Washington; Willis Block B, Lot IA
Owner: William R Freeman — present — 2860 Sunnyvale, TX 75182
Robert Talley stated no repairs have been done in quite some time. Fire damage and
holes in roof. Roof is also collapsed in some areas.
Robert Talley's recommendation: Declare a nuisance, demo within 30 days, or city
has right to do so.
Andrew Mack: Demolishing this structure will be a higher priority due to the fire
damage.
William R Freeman: Stated that the metal barn on property was structurally fine
and did not need to be demolished with the house. Robert Talley assured that the
demo order would only be for the house and not additional structures on property.
Motion made by Reeves Hayter, seconded by Kim Walker, to follow staff
recommendation. Motion carried unanimously. 6-0
A. 1155 Van Zandt; City Block 174-A, Lot 16
Owner: Clarene Holt — P.O. Box 78327 Seattle, WA 98178
Robert Talley stated he has had no contact with owner. Structure is sinking, holes in
roof and roof is collapsing.
Robert Talley's recommendation: Declare a nuisance, demo within 30 days, or city
has right to do so.
Motion made by Reeves Hayter, seconded by Mike Folmar, to follow staff
recommendation. Motion carried unanimously. 6-0
B. 1005 E Booth; Marrysville Block 2, Lot 16
This item was pulled with no action due to the structure has been torn down and
cleaned up.
Building and Standards Meeting
September 18, 2023
Page 4
4. Adjournment.
There being no further business, a motion to adjourn was made by Board Member Richard
Thompson, and seconded by Board Member Kim Walker. Motion carried, 6 ayes — 0 nays.
Reeves Hayter, Chairman, adjourned the meeting at 4:03 p.m.
,.,
Reeves Hayter, Ch°airman
MINUTES OF
THE HOUSING AUTHORITY OF THE CITY OF PARIS, TEXAS
BOARD OF COMNIISSIONERS ME, STING
September 19, 2023
The Housing Authorityof the City of Paris, Texas Board of Commissioners met for a
REGULAR MONTHLY BOARD MEETING at 12:30p.m. on Tuesday, September 19, 2023, at
the Housing Authority of the City of Paris, Texas, 650 7'1' SW — Office, Conference Room, Paris,
Texas 75460.
' Present: Board Members: Jenny Wilson, Vice Chairman
Steve Smith
Beverly Johnson
Derrick Hill
City Representatives: None
Housing Authority Employees: Sally Ruthart
Elizabeth Brooks
Absent: Board Members: TK Haynes
1. Call meeting to order, Jenny Wilson, Vice Chairman of the Board of Commissioners,
called the. meeting to order at 12:34 p.m.
2. Quorum and members verified by Jenny Wilson, Vice Chairman.
3. Citizens' Forum. No one present or requested to speak.
4. Approve minutes from the meeting of July 27, 2023. A Motion to approve this item was
made by Board Member Steve Smith and seconded by Board Member Beverly Johnson.
Motion carried, 4 ayes — 0 nays.
5. Unfinished business to discuss: A. Waiver of PILOT & B. Lease Revision
Ms. Ruthart asked the Board to Table the 2 items of unfinished business due to the fact
that the information needed to review these items has not been received.
A.• Motion was made to Table the Waiver of Pilot until the next regular meeting of the
Boiid of Commissioners by Board Member Steve Smith and seconded by Board
Member Beverly Johnson. Motion carried, 4 ayes - 0 nays.
B. Motion was made to Table the Lease Revision until the next regular meeting of the
Board of Commissioners by Board Member Beverly Johnson and seconded by Board
Member Steve Smith. Motion carried, 4 ayes — 0 nays.
Housing Authority of the City of Parls,,Texas Board of Commissioners Meeting
9/19/2023
Page 2
6. New Business:
A. Ms. Ruthart gave the Board of Commissioners demographic, waiting list, and
vacancy information on Public Housing and Section 8 Vouchers. 7 vacancies in
Public Housing and 292 vouchers utilized as of September 1, 2023.
B. Financial Information was given to the Board of Commissioners.
C. Discussed the SEMAP (Section Eight Management Assessment Program)
certification rating- The Housing Assistance Program achieved 130 points out of
130 points which is a 100% overall score that resulted in a High overall rating.
7. RESOLUTIONS:
2023-003 DISPOSITION
A Motion was made by Board Member Steve Smith and seconded by Board Member
Derrick Hill to approve the disposition of inoperable/non-repairable stoves, refrigerators,
sewer machines, and a floor machine. Motion carried, 4 ayes -- 0 nays.
2023-004 FAIR MARKET RENTS
A Motion was made by Board Member Derrick Hill and seconded by Board Member
Beverly Johnson to approve the changes to the Fair Market Rent Rates as published by
HUD to be effective October 1, 2023. Motion carried, 4 ayes -- 0 nays.
2023-005 PUBLIC FUNDS INVESTMENT OFFICER
A Motion was made by Board Member Steve Smith and seconded by Board Member
Beverly Johnson to approve the change of Investment Officer from Sally Ruthart to
Elizabeth Brooks. This will remove Sally Ruthart and add Elizabeth Brooks as a signer
on all Housing Authority of the City of Paris, TX checking and CD accounts. In addition,
it was proposed to add Jenny Wilson, Vice Chairman of the Board of Commissioners as a
signer on all Housing Authority of the City of Paris, TX checking and CD accounts.
Motion carried, 4 ayes -- 0 nays.
8. There being no further business, A Motion to adjourn was made by Board Member Steve
Smith and seconded by Board Member Beverly Johnson. Motion carried, 4 ayes — 0 nays.
Jenny Wilson, Vice Chairman adjourned the meeting at 1:10 p.m.
Housing Authority'of the City of Paris, Texas Board of Commissioners Meeting
9/19/2023
Page 3
APPROVED THIS SW04
DATE
S4Rull ecrctary
MINUTES OF THE PARIS VISITORS AND CONVENTION COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
September 19, 2023
The Paris Visitors and Convention Council of the City of Paris met for a regular session at 4:00
p.m. on September 19, 2023, at the Lamar County Chamber of Commerce board room, 8 West Plaza, Paris,
TX.
Present: Board Members: Bryan Hargis, Bradley Hilliard, Mihir Pankaj, Ryan Whitaker, Chadlee
Johnston, Chase Coleman, Eric Guillot, and Brittany Miller.
City Representatives: none
Absent: Board Members: Trey Glascock, Dustin Broadway, Kelli McDonald, Bud Mistry, Tim
Walsworth and Robbie Todd.
Call meeting to order.
Chadlee Johnston called the meeting to order at 4:01 p.m.
2. Citizens' Forum.
There was no one present for the citizen's forum.
3. Approve minutes from the meeting of August 2023. A motion to approve was made by Chase
Coleman seconded by Eric Guillot. Motion carried. 8 ayes, 0 nays.
4. Receive financial report from August 2023, by Chase Coleman. A motion to approve was made
by Eric Guillot, seconded by Mihir Pankaj. Motion carried. 8 ayes. 0 nays.
5. Discuss and act on funding request for Red River Valley Veterans — Oak Ridge Boys on October
7, 2023. Based on the scoring criteria a motion to approve $1000 was made by Eric Guillot,
seconded by Bryan Hargis. Motion carried. 8 ayes. O nays.
Discussion. Paul Allen stated that the Paris Pair is September 23 and UCI is September 30'. Neil
McCoy concert will be held on November 30'.
7. Adjournment.
There being no further business, A Motion to adjourn was made by Board Member Mihir Pankaj,
seconded by Board Member Eric Guillot. Motion carried, 8 ayes — 0 nays. Chadlee Johnston,
Paris Convention and Council Board Chair adjourned the meeting at 4:13 p.m.
Chadlee Johnston, Paris Visitors and Convention Council
MINUTES OF THE PLANNING & ZONING COMMISSION MEETING
OF THE CITY OF PARIS, TEXAS
OCTOBER 02, 2023
The Planning & Zoning Commission of the City of Paris met for a regular session at 5:30 p.m, on
Thursday, October 02, 2023, in the City Hall, Council Chambers, 107 East Kaufman, Paris, Texas.
Present Board Members: Clifton Fendley, Chance Abbott, Francine Neeley, Adam
Bolton, Robert Spain, Chad Lindsey
City Representatives: Mayor Reginald Hughes; Stephanie Harris, City
Attorney; Robert Vine, Deputy City Manager; Todd
Mittge, City Engineer; Clyde Crews, Fire Marshal;
Andrew Mack, City Planner; Triniti Frazier,
Community Development Coordinator
Absent Board Member(s): Tylesha Ross -Mosley
1. Call meeting to order.
Chairman Clifton Fendley called the meeting to order at 5:30 p.m.
2. Citizens' Forum.
The citizens' forum was declared open. With no one speaking, the forum was declared closed.
3. Approve minutes from the meeting of September 07, 2023 and September 13, 2023.
A Motion to approve the minutes was made by Board Member Chad Lindsey and seconded by
Board Member Francine Neeley. Motion carried, 6 ayes — 0 nays.
4. Conduct a public hearing and take action regarding the petition of Shane Nandlal/Tricon
Group on behalf of Michael O'Donnell of Semmmkleetaa LLC for a Specific Use Permit
(SUP) for Auto Fuel Sales in a Commercial District (C) in the City of Paris, Block 251, Lot
PT 27-B, LCAD 53673, located at 2335 N Main Street.
Andrew Mack states the applicant requested an SUP to remodel an existing vacant building
that was formerly Church's Chicken and Shell gas station. Mr. Nandlal is present here today.
He is proposing to remodel with no expansion of the building, no expansion of the gas canopy.
There will be complete removal of the tanks at the site. They have already been removed and
the Fire Marshal is working through that with the developer and TCEQ. Essentially the site is
going to be put back into use. There will be a convenience store and fast food counter. There
is a substantial amount of impervious surface that is already constructed. This is a legal non-
conforming site that has been vacant for several years. We do not have a detailed civil site plan
at this time. More green space is planned to bring the site closer to conformity. Staff is
recommending approval with the following noted conditions:
Page 3
a. Existing water and sewer lines and potential other underground utilities shall be located
through 811 requests and shown.
3. The following certificates shall be placed on the preliminary plat... Chapter 9A, IV
Preliminary
Plat, (14):
a. The certification provided is for a final plat. The certification outlined in Chapter 9A, IV
Preliminary Plat, (14) of the Code of Ordinance shall be provided.
A Motion to approve the preliminary plat with noted conditions was made by Board Member
Chad Lindsey and seconded by Board Member Adam Bolton. Motion carried, 6 ayes — 0 nays.
6. Consideration of and action on the Final Plat of the Huey Addition, Block 102, Lot 1, LCAD
15580, 15581 and 15582, located in the 1400 Block of Lamar Ave.
Mittge states this is the same plat for the final. Staff recommends approval with the following
three noted conditions:
1. The submission to and tentative approval of a preliminary plat by the Commission shall be
a condition precedent to the preparation of a final plat. Chapter 9A, V Final Plat:
a. Any conditions of approval for the preliminary plat shall be revised before final approval
of final plat.
2. Location of proposed lots, streets, alleys, easements, parks, building setback lines (both
front and side streets), minimum finished floor elevations... Chapter 9A, V Final Plat, (8):
a. The minimum finished floor elevation shall be shown.
3. Certification that all taxes and fees have been paid... Chapter 9A, V Final Plat, (15):
a. Embossed tax certificates shall be provided. Copies will not be accepted at filing.
A Motion to approve the final plat with noted conditions was made by Board Member Chad
Lindsey and seconded by Board Member Francine Neeley. Motion carried, 6 ayes — 0 nays.
7. Consideration of and action on the Preliminary Plat of the Asay Polk Street Addition CB 253%
Block A, Lot 1, LCAD 18085, located in the 2100 Block of E Polk Street.
Mittge states the applicant is BSA Rentals and they have submitted a preliminary plat in order
to develop the parcel for multi -family. Staff recommends approval without any conditions.
A Motion to approve the preliminary plat was made by Board Member Chad Lindsey and
seconded by Board Member Adam Bolton. Motion carried, 6 ayes — 0 nays.
8. Consideration of and action on the Final Plat of the Asay Polk Street Addition CB 253B, Block
A, Lot 1, LCAD 18085, located in the 2100 Block of E Polk Street.
Mittge states that staff recommends approval on the final plat as well with no conditions.
A Motion to approve the final plat was made by Board Member Chad Lindsey and seconded
by Board Member Adam Bolton. Motion carried, 6 ayes — 0 nays.
Page 4
9. Consideration of and action on the Preliminary Plat of the Sky Sherman Street Addition CB
102, Block A, Lot 1, LCAD 15936, 15937,15938, 15939 and 15940, located in the 300 Block
of W Sherman Street.
Mittge states the applicant is Sky -Mar Ventures and he believes the development is for a
duplex. Staff recommends approval with one noted condition:
1. The location, size and approximate depth of all existing utilities shall be shown. Chapter
9A, IV
Preliminary Plat, (7)
a. The hydrant on the south side of W Sherman St at the west side of the property being
platted shall be shown.
A Motion to approve the preliminary plat with the noted condition was made by Board Member
Chad Lindsey and seconded by Board Member Adam Bolton. Motion carried, 6 ayes — 0 nays.
10. Consideration of and action on the Final Plat of the Sky Sherman Street Addition CB 102,
Block A, Lot 1, LCAD 15936, 15937, 15938, 15939 and 15940, located in the 300 Block of
W Sherman Street.
Mittge states this is the final plat and staff recommends approval with the noted condition:
1. The submission to and tentative approval of a preliminary plat by the Commission shall be
a condition precedent to the preparation of a final plat. Chapter 9A, V Final Plat.-
a.
lat.a. Any conditions of approval for the preliminary plat shall be revised before f nal approval
of final plat.
A Motion to approve the final plat was made by Board Member Chad Lindsey and seconded
by Board Member Adam Bolton. Motion carried, 6 ayes — 0 nays.
11. Consideration of and action on the Preliminary Plat of the Hider 158 Addition, Block A, Lot
1, LCAD 16556, located in the 1000 Block of S Church Street.
Mittge states the owner is Randy Hider and the property is zoned Two -Family (2F). Staff
recommends approval of the plat in order to build a duplex without any conditions.
Clifton Fendley states he has received a fair amount of feedback from the public on this and it
doesn't conform to the street at all. Andrew Mack addressed the commission stating that the
property is zoned for Two -Family and the proposed use is in conformity with the current
zoning district. The Historic Preservation Commission had discussion about this item and they
approved the Certificate of Appropriateness for the design so it's ready to move forward with
platting and construction. Robert Spain asked if there was an attempt to rezone the Church
Street District by a previous City Council to single-family homes to protect the historic district
and it was put off for a while. Mack states he is not aware of any actions to that affect before
he started work here. Mack states there were some discussion amongst the neighbors about the
possibility of initiating a zoning change but that zoning study never got off the ground. There
is some interest from his understanding from one of the current city council members that there
may be some interest in advancing that in the future.
Page 5
Chad Lindsey made a motion to approve this item. Further discussion from the Commission
regarding duplexes. City Attorney- Stephanie Harris advised the Commission that the only
item before them is the plat and if it meets the plat requirements they are required to approve
the plat. Harris further states if there are questions about future zoning it should be placed on
a future agenda. Further discussion by commission with question if they can table the item.
Harris explained the plat shot clock. Developer Randy Hider, 120 E Long, asked to speak to
the Commission. The Chairman granted permission. Hider explained that he is following the
proper design standards and the zoning ordinance. Hider further states that the Commissions
only responsibility here is to approve or deny the plat based on the City of Paris requirements.
Hider states that there was initial pushback from the Historic Preservation Commission and
the item was tabled but they found that he is following all of the requirements, therefore, made
the appropriate decision to approve it. Hider asked the Commission if they have seen the
proposed project and they had not. Fendley states there is a motion on the floor by Chad
Lindsey to approve the item and asked if there is a second. Francine Neeley made a motion to
approve. Spain asked if the item could be tabled. Todd explained the shot clock requirements
for plats and if a decision is not made timely it would automatically be approved. Further
discussion from the Commission. Motion failed due to opposition from Clifton Fendley, Adam
Bolton, Chance Abbott and Robert Spain. Inaudible discussion from audience. Chance Abbott
made a motion to deny this item and was seconded by Robert Spain. Motion was 5-1 with
Chad Lindsey opposed and Francine Neeley abstained.
The City Attorney Stephanie Harris advised the Commission in this denial that they are
required by law to provide a reason for denial tied back to the ordinance. It would be helpful
to staff if you can articulate the reason for denial so they can provide the reason to the property
owner. Chairman Clifton Fendley states a member from the Historic Preservation Commission
is present if they want to allow her to speak. Fendley recognizes the member of the Historic
Commission. Jessica Holtman, 722 S Church Street states that she is a resident of S Church
since 2018 and also on HPC. Holtman states technically the vote coming forward from HPC
was an approval but it wasn't at first. Holtman further states that she was the only member that
stood up and said she would deny it and she has her own reasons for doing that. Mostly because
she is an owner of a historic property on Church Street and has invested her money to live there
and raise her kids there. Holtman states that she does not understand how a duplex meets the
purpose and intent of the design standard specifically as it pertains to Church Street Proper.
Holtman states that they had to do what the City Attorney said they needed to do and that's
what got done. Holtman further states that several on the Commission felt they didn't have a
choice in the matter. Holtman states that a duplex does not follow the continuity of the street
and this has been a very hot topic. She is trying to figure out the legality of denying the design
standard, denying the plat. Holtman states she just wanted to provide insight for the planning
commission from the meeting of the Historic Preservation Commission.
The will of the Commission is to reconsider the motion for item 11. A motion to reconsider
was made by Clifton Fendley and seconded by Adam Bolton.
A Motion to approve the preliminary plat was made by Board Member Clifton Fendley and
seconded by Board Member Francine Neeley. Motion carried, 6 ayes — 0 nays.
Page 6
12. Consideration of and action on the Final Plat of the Hider 158 Addition, Block A, Lot 1, LCAD
16556, located in the 1000 Block of S Church Street.
Mittge states this is the final plat. Staff recommends approval with the following noted
condition:
1. Location of proposed lots, streets, alleys, easements, parks, building setback lines (both
front and side streets), minimum finished floor elevations... Chapter 9,4, V Final Plat, (8):
a. The minimum finished floor elevation shall be provided.
A Motion to approve the final plat with noted condition was made by Board Member Francine
Neeley and seconded by Board Member Chad Lindsey. Motion carried, 6 ayes — 0 nays.
13. Consider and discuss possible amendments to the City of Paris Zoning Ordinance Section 8-
501 Home Occupations pertaining to permitted and prohibited uses.
Mack states that Clint Cheatwood has approached the City after approaching the Lamar County
Health District regarding the use of an accessory building in his rear yard for improvement and
licensing of a commercial catering kitchen. Staff has determined that if it is not expressly
permitted, it is prohibited under the current ordinance requirements. The property is zoned
Agricultural. There are some examples of spot zoning of Commercial in the area but that is not
an appropriate action to recommend for the applicant to take. It is not consistent with the
principal use of the property which is residential. There is an opportunity for a text amendment
to the Home Occupation Ordinance. Mr. Cheatwood is here to present specific details with
regard to what he plans to do. Mack asked the Commission for an opportunity for Mr.
Cheatwood to approach the commission.
Chairman Fendley granted permission.
Clint Cheatwood, lives at 4750 Pine Mill Rd states he is the applicant. This is something he
has wanted to do for a long time. He does off-site catering on a part-time basis which may be
twice a month. He works full-time at Kimberly Clark and this will be very part-time.
Cheatwood states that he wants to do this right and came to the Commission to ask for approval.
Cheatwood states he has approximately 3.5 acres.
The Commission asks staff what direction they are looking for.
Andrew asks the Commission for further direction as to an administrative approval process by
staff or a public hearing process to consider impact on the neighborhood etc. Fendley states it
is the will of the Commission for a public hearing process. Mack states that his sense is to land
somewhere between (1) one to (1.5) one and one-half acres lot in an Agricultural or One -
Family Dwelling No. 1 (SF -1) zoning district. Mack states there would be restrictions on
signage, or any changes to make this look like a commercial business.
14. Request items for future agendas.
Page 7
Mack states the City will bring forth a text amendment for the Subdivision Ordinance regarding
preliminary and final plats for their November agenda. A second item will be after City Council
discussion and direction for a Church Street neighborhood land use and zoning study to be
brought back to this Commission in 3-6 months depending on the scope. Chad Lindsey
suggested that the new Fitzhugh Historic District be looked at for land use and zoning in the
future as well.
15. Adjournment.
There being no further business, the meeting was adjourned at 6:33 p.m.
b °
,,S'II IRPERSO
Item No. 7
Memorandum
TO: Mayor, Mayor Pro -Tem, and City Council
Grayson Path, City Manager
FROM: Gene Anderson, Finance Director
SUBJECT: SEPTEMBER 2023 FINANCIAL REPORT
DATE: November 13, 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.
1, The operations and maintenance property tax and related collections reported are 0.96% less
than what was reported in 2022. Current tax collections this year are 97.73% oft e tax levy vs,
97.83 last year,
2. Sales taxes are up 10.47% from last year ($988,365).
3, Hotel occupancy taxes are up 12.43% compared o last year ($105,542).
4m Franchise fees are up 2,22% compared o last year ($7®386). This increase is due to a larger
Atmos Gas payment.
6. Municipal Court fines and related fees are up compared to last year increasing 2.79% ($6,630).
7. Other revenue includes leases, interest, copy fees, birth & death certificates, library fees, mixed
beverage revenues. This revenue is up • ;
increase comes from increased interest earnings plus fire deployment
5'. Sanitation fees are down by 27.67% when compared to 2022 collections ($80,715). This
decrease was planned in the current budget. More fees are going to the Sanitation Fund,
P. EMS fees are down 1.08% compared
10. Total General Fund revenues are up 5.76% compared to last year (1,596,797). Sales taxes, and
interest earned account for most of the increase. General Fund revenues equal 7 4„ the
11, ictal general Fund expenditures are down 1,71!® ($49389$2) compared to last year, general
Fund expenditures to date equal tar® of budget with the City being 100.00% through the
budget year,
12. Sewer revenue is up 16.25% ($1,392,559).
® Water revenue is up 1.079 ($968993).
4m Other revenue sources are up 3$,9% ($235®339), Interest being the major increase.
5m Total Water & Sewer revenues, ignoring transfers and adjustments, are 9®45% above last year
and represents 109.56% oft e total budget with the City being 100.00% through the budget
year,
16. Total Water & Sewer expenses are 9.60% above last year at this point and represent 65.50% o
the total budget (99.94% adjusted for debt payments.) while the City is 100.00% through the
budget year.
&Sewer,AiSanitation Funds there are fifteen departments whose expenditures are over
rport, and
.0`
1. City Manager -102.93%. The overage amounts to $17,637 and was due to accrued payroll f1m
September that was paid in October plus furniture expenditures,
k. City Clerk -101.68%. The overage amounts to $3,458 and was due to accrued payroll.
3. Finance -100.76%. The overage amounts to $5,555 and was due to expenses related to
accrued payroll and the ongoing analysis of sewer rates.
4. Police -105.21%. The overage amounts to $359,764 and was mostly due to the reduction of
this budget as part of the year end budget amendment. Without that reduction,
expenditures would have been 100.13% of budget or $9,764.00 over budget.
5. Fire -104.11%. The overage amounts to $221,080 and was due to accrued payroll, travel, and
vehicle maintenance.
6. Community Development -101.67%. The overage amounts to $27,165 and was due to
reduction of this budget by the year end budget amendment.
7. Engineering -104.64%. The overage amounts to $70,593 and was due to accrued wages and
contract services.
8. Parks -102.20%. The overage amounts to $31,973 and was due mostly to concession food,
utility costs, and building & grounds maintenance.
9. EMS -104.28%. The overage amounts to $181,500 and was due to the payroll accrual,
overtime, and collection fees.
10. Library -104.25%. The overage amounts to $32,627 and was due to supplies, programs, and
IT related expenses.
11. Airport -100.08%. The overage amounts to $1,019 and was due to aviation fuel expenses.
12. Warehouse -100.35%. The overage amounts to $415 and was due to IT expenses.
13. Water Billing -101.49%. The overage amounts to $41,335 and was due to accrued payroll,
consultant fees, and credit card service fees.
14. Water Treatment Plant -117.20%. The overage amounts to $574,038 and is due to chemical
expenses, utility costs, temp help, maintenance expenses, and filtration plant expenses.
15. Sanitation -104.67%. The overage amounts to $58,483 and is due to accrued payroll, landfill
fees, and consultants.
Ems Fees
Sanitation
Other Revenue
Court Fines
Permits
Franchise Fees
HoteVMotel Tax
Sales Tax
Taxes Collected
City of Paris Fund Recap, for month ending -September 2023
General Fund:
Current
Prior
Net
Report Sort Sequence Report Group Description
Year
Year
To Date
70 Taxes Collected
8,207,810.43
8,287,693.57
-79,883.14
71 Sales Tax
10,426,770.50
9,438,405.27
988,365.23
72 Hotel/Motel Tax
954,064.87
848,522.12
105,542.75
73 Franchise Fees
3,605,284.69
3,526,898.04
78,386.65
74 Permits
450,217.80
490,465.07
-40,247.27
75 Court Fines
230,764.67
237,394.82
-6,630.15
77 Other Revenue
1,700,769.75
1,030,404.75
670,365.00
78 Sanitation
210,966.49
291,682.00
-80,715.51
79 Ems Fees
3,505,425.24
3,543,811.01
-38,385.77
Total Revenue:
$ 29,292,074.44 $
27,695,276.65 $
1,596,797.79
Total Expenditures:
$ 28,332,314.88 $
28,826,297.39 $
(493,982.51)
Net To Date:
$ 959,759.56 $
(1,131,020.74) $
2,090,780.30
IIrior Year
:vrrent Year
0.00 2,000,000.00 4,000,000.00 6,000,000.00 8,000,000.00 10,000,000.00 12,000,000.00
Expenditures
0 r„� Numbs
1 General Fund
Department
Department
Current
Prior
Current
Prior
Current Year
Prior Year
0.00
Subtotal Number
Name
Month Actual
Month Actual
Year To Date
Year To Date
Budget
Budget
$0.00
Total
0 Non -Departmental
0.00
0.00
0.00
O.00
0.00
0.00
$25,923,657.00
11 City Council
8,883.76
39,325.45
184,634.33
154,533.76
203,900.00
154,700.00
12 City Manager
70,965.09
64,978.87
618,043.06
560,148.56
600,4D6.00
551,809.00
Total
13 City Attorney
34,975.62
52,302.77
385,430.25
378,254.88
402,097.00
374,698.00
14 Municipal Court
32,083.09
26,378.24
239,441.29
232,136.00
248,497.00
229,087.00
15 City Clerk
24,057.06
18,054.50
208,779.57
160,771.43
205,321.00
158,654.00
21 Accounting & Auditing
50,729.14
48,298.24
732,674.80
455,810.65
727,119.00
450,463.00
31 Police
1,102,961.52
1,138,342.15
7,256,905.65
7,071,322.39
6.897,141.00
6,999,358.00
32 Fire
689,680.98
567,683.00
5,593,754.94
5,410,711.72
5,372,674.00
5,410,060.00
40 Community Developm
333,993.24
190,612.68
1,649,393.90
1,250,588.52
1,622,228.00
1,239,499.00
41 Engineering
51,974.35
31,814.19
396,931.80
313,908.56
379,328.00
313,108.00
42 Public Works
21,759.91
26,257.31
227,140.71
252,854.70
232,470.00
251,681.00
43 Parks & Recreation, RI
157,921.14
215,611.40
1,486,101.81
1,261,782.67
1,454,128.00
1,256,619.00
44 Sanitation
0.00
0.00
0.00
0.00
0.00
0.00
46 Streets&Highways
128,675.64
206,157,74
1,161,516.28
1,223,705.75
1,276,173.00
1,219,559.00
48 Traffic & Public Liightir
36,837.71
73,668.46
461,271.64
450,146.77
474,902.00
448,576.00
49 Garage
42,893.38
32,094.15
368,928.75
337,242.05
370,001.00
334,048.00
51 Paris -[Amar Co HeaRt
O.00
O -DD
Win
0.00
Moo
0.00
54 Emergency Medical Se
545,662.06
424,583.03
4,422,176.43
4,192,962.55
4,240,676.00
4,155,549.00
61 Cox Field Airport
0.00
0.00
0.00
0.00
0.00
MOO
62 Paris Band
0.00
0.00
21,433.48
22,267.76
23,050.00
23,050.00
64 Library
109,463.54
97,791.26
799,832.81
707,409.40
767,205.00
699,128.00
89 General Expenses
110,731.11
82,571.25
1,980,993.52
1,889,739.17
2,061,234.00
1,888,237.00
90 Debt Service
170,959.45
0.00
0.00
0.00
0.00
0.00
91 Contingency
0.00
O.Oo
136,929.86
2,500,000.00
40,000.00
2,500,000.00
Taal
General Fund
$3,725,207.79
$3,336,524.69
$28,332,314.88
$28,826,297.39
$27,598,550.00
$28,657,883.00
Amm
Other
Sewer
Water
Water Sewer Fund:
Revenue Group
Water
Sewer
Other
Total Revenue:
Total Expenditures:
Net To Date:
Current
Prior
Net
Year
Year
To Date
9,158,569.53
9,061,575.91
96,993.72
9,963,659.78
8,571,100.02
1,392,559.76
839,001.41
603,662.33
235,339.08
19,961,236.72
1-8,237,878.48 $
1,724,892.56
11,969,750.19
10,920,934.30 $
1,048,815.89
7,991,480.53 $
7,316,944.18 $
674,536.35
0.00 1,000,000.00 2,000,000.00 3,000,000.00 4,000,000.00 5,000,000.00 6,000,000.00 7,000,000.00 8,000,000.00 9,000,000.00 10,000,000.00
m Prior Year
moi Current Year
Fund Number 10 Water & Sewer Fund
Department Department
Current Year
Prior Year
Current Year
Prior Year
Current Year
Prior Year
Number Name
Month
Montt
To Date
To Date
Budget
Budget
80 Warehouse
14,229.44
11,041.48
118,410.96
109,804.62
111,610.00
103,352.00
81 W & S Billing and Collecting
267,025.48
284,383.37
2,800,146.20
2,737,389.97
.2,604,974.00
2,556,729.00
82 Water Production
803,888.91
476,608.38
3,909,894.70
3,201,017.07
2,706,209.00
1,853,032.00
83 Water Distribution
236,354.34
212,577.32
1,636,385.79
1,501,864.94
1,598,282.00
1,312,542.00
85 Sewer Maintenance
111,733.36
129,135.08
765,165.04
740,062.87
744,288.00
788,523.00
86 Waste Water Treatment
270,593.00
274,877.00
2,283,756.56
2,180,519.26
2,298,503.00
1,963,080.00
87 Lift Stations
45,246.59
107,850.38
455,990.94
450,275.57
333,585.00
330,232.00
Total Water & Sewer Fund
$1,749,071.12
$1,496,473.01
$11,969,750.19
$10,920,934.30
$10,397,451.00
$8,907,490.00
Fund Number
2
Economic Development Fu
Current Year
Prior Year
Net To Date
Revenue
$ 2,471,827.21
$ 1,919,085.54
.• :
$ 552,741.67
Expenditure
_
$ 3,671,123.81
.....-..
$ 2,032,241.39
...........__..................
$ 1638,882.42
Subtotal
Net To Date:
$ (1,199,296.60)
$ (113,155.85) $
---------------
(1,086 140.75)
Fund Number
11
Capital Projects Fund
Current Year
Prior Year
Net To Date
Revenue
$ 442,923.08
$ 2,447.60
$ 440,475.48
_........
Expenditure
$ 31,943.20
::.::::::......_.. ...
$ 11,914.31
$ 20,028.89
..............---:..:--,
Subtotal
Net To Date:
_ _
e..$,._........__ 410,979.88
$ (9,466.71) $
420,446.59
Fund Number
12
W W&55 Rev Bond 2000 Cc
Current Year
Prior Year
Net To Date
Revenue
$ 5,575.44
$ 892.15
$ 4,683.29
Expenditure
57) 5
(2,546.88) .$
1,180.31
Subtotal
Net To Date:
$ 6,942.01
$ 3,439.03
$ 3,502.98
Fund Number
13
Equipment Replacement R
Current Year
Prior Year
Net To Date
Revenue
$ (351,917.15)
$ 148,496.67
$ (500,413.82)
Expenditure
$ 190,193.20
$ -
$ 190,193.20
Subtotal
Net To Date:
$ (542,110.35) $
148,496.67
$ (690,607.02)
Fund Number
14
CO 2010 Construction Funl
Current Year
Prior Year
Net To Date
Revenue
$
$
$
Expenditure
Subtotal
Net To Date:
$
$
$
Fund Number
16
TWDB Loan Fund
Current Year
Prior Year
Net To Date
Revenue
$ 6,808.55
$ 454.15
$ 6,354.40
Expenditure
$
$ 302,042.25
$ (302,042.25)
Subtotal
Net To Date:
$ 6,808.55
$ (301,588.10) $
308,396.55
Fund Number
17
Library Construction Fund
Current Year
Prior Year
Net To Date
Revenue
$ 1,866.88
$ 245.26
$ 1,621.62
Expenditure
$ (9,518.63) $
(125.24) $
(9,393.39)
Subtotal
Net To Date:
$ 11,385.51
$ 370.50
$ 11,015.01
Fund Number
is
W&S Series '97 Const Funt
Current Year
Prior Year
Net To Date
Revenue
8,612.13
$ 11,025.62
(2,413.49)
Expenditure
- ----------------
$
-
...........
Subtotal
Not To Date:
8,612.13
..................
11,025.62
$ (2,413.49)
Fund Number
19
Water Revenue Const Fum
Current Year
Prior Year
Net To Date
Revenue
$ 5,031.91
$ 266.97
$ 4,764.84
Expenditure
(1,350.00) $(7,150.00)
$
5,800.00
Subtotal
Net To Date:
6,381.81
7,416.97
. ................. . .......... . . . ............................ . .....
(1,035.16)
Fund Number
20
Special Revenue Fund
Current Year
Prior Year
Net To Date
Revenue
79S2
$ 71.07
8.45
Expenditure
-
$ -
$
Subtotal
Net To Date:
$ 79.52
71.07
8.45
Fund Number
21
Child Safety Fund
Current Year
Prior Year
Net To Date
Revenue
$ 1,046.02_$
11.31
$ 1,034.71
Expenditure
$ 145.59
. . . . . . . . . . .
$ 145S9
Subtotal
Net To Date.,
$ 906A3
............. . . ..... .
$ 11.31
889.12
Fund Number
22
Health Department Fund
Cur rentYear
Prior Year
Net To Date
Revenue
7,312.25
$ 6,137.30
$1,173,95
Expenditure
..............................
$
Subtotal
Net To Date:
. . ...................
$ 7,311.25
$ 6,13730
$ 1,173.95
Fund Number
23
PEG Channel Fund
Current Year
Prior Year
Net To Date
Revenue
$ 51,589.60
$ 49,671.01
$ 1,918.59
Expenditure
$ -
$ -
$
Subtotal
Net To Date:
$ 51,589.60
_.............
$ 49,671.01
$ 1,918.59
Fund Number
24
Lake Crook Restoration Fu
Current Year
Prior Year
Net To Date
Revenue
$ 295.21
$ 49.63
$ 245.58
Expenditure
$
$
$
Subtotal
Net To Date:
$ 295.21
$ 49.63
$ 245.58
Fund Number
25
Grant Fund
Current Year
Prior Year
Net To Date
Revenue
$ 1,121,769.32
$ 802,598.99
$ 319,170.33
Expenditure
$...........1,223,730.97mmmm$nnnnnnnnn
1,259,608.43
$ (35,877.46)
Subtotal
Net To Date:
$ (101,961.65) $
(457,009.44)
$ 355,047.79
Fund Number
26
Criminal Justice Div Grant
Current Year
Prior Year
Net To Date
Revenue
$ 145.97
$ 122.56
$ 23.41
Expenditure
$ -
$ .. .—....—
$
Subtotal
Net To Date:
$ 145.97
$ 122.56
$ 23.41
Fund Number
27
Water Contract Fund
Current Year
Prior Year
Net To Date
Revenue
$ 46,532.43
$ 22,688.34
$ 23,844.09
Subtotal
Net To Date:
$
$
$.............._ _ ..
--------------------
$ 46,532.43
_
$ 22,688.34
$ 23,844.09
Fund Number
30
Community Dvl Block Gran
Current Year
Prior Year
Net To Date
Revenue
$ 12,804.69 _._
$ 2,871.69
.............
$ 9,933.00
Expenditure
$
..... ,,,
$
$
_..................m._......................--------
--Subtotal
Subtotal
Net To Date:
$ 12,804.69
$ 2,871.69
$ 9,933.00
Fund Number
31
Home Buyers Asst 2009
Current Year
Prior Year
Net To Date
Revenue
$ 5,895.17
$ 10,628.00
$ (4,732.83)
Expenditure
$....,.,......,.,m.
$
$
Subtotal
Net To Date:
$ 5,895.17
$ 10,628.00
$ (4,732.83)
Fund Number
32
Owner Occ Rehab #10010
Current Year
Prior Year
Net To Date
Revenue
$ 21,641.63
$ 28,017.98
$ (6,376.35)
Expenditure
$ 56,6.35
$ (56,363.35)
Subtotal
.......
Net To Date:
............
.....
$ 21,641.63
(28,345.37) $
49,987.00
Fund Number
33
Municipal Court Tech Fee
Current Year
Prior Year
Net To Date
Revenue
$ 6,655.07
$ 6,267.97
$ 387.10
Expenditure
14,518.40
$ 15,266.62
$ (748.22)
Subtotal
Net To Date:
$ (7,863.33) $
(8,998.65) $
1,135.32
....................... . ............. . ...
Fund Number
34
Municipal Court Security R
Current Year
Prior Year
Net To Date
Revenue
$ 11,362.54
$ 7,597.50
$ 3,765.04
Expenditure
$ 7,953.71
..............
$ 7,055.92
$ 897.79
Subtotal
Net To Date:
3,408.83
.................
$ 541.58
2,867.25
Fund Number
35
Municipal Court Child Safe
Current Year
Prior Year
Net To Date
Revenue
$ 572.38
$ 450.82
$ 121.56
Expenditure
= - ---------------------------
$ -
------
$ 2,874.56
$ (2,874.56)
...............
Subtotal
Net To Date:
$ 572.38
$ (2,423.74) $
2,996.12
Fund Number
36
Municipal Court Time Pay I
Current Year
Prior Year
Net To Date
Revenue
S 1,976.09
5 732.03
$ 1,244.06
........ .. ...... . . . .......
Expenditure
......... . . .
50.00
$ 200.00
........
$ (150.00)
Subtotal
Net To Date:
$ 1,926.09
532.03
---------------
$ 1,394.06
Fund Number
37
Police Conf Fds-Gambling
Current Year
Prior Year
Net To Date
Revenue
391.59
$ 65.86
$ 325.73
Expenditure
$
Subtotal
Net To Date;
$ 391.59
65.86
$ 325.73
Fund Number
38
Police Judicial Forfeitures
Current Year
Prior Year
Net To Date
Revenue
$ 54,096.56
$ 8,121.80
$ 45,974.76
T
Expenditure
$ 4,725.00
..�
$ 9,887.50
$ (5,162.50)
Subtotal
Net To Date:
$ 49,371.56
$ (1,765.70) $
51,137.26
Fund Number
39
Equitable Sharing Forfeitul
Current Year
Prior Year
Net To Date
Revenue
$ 20,223.74
$ 366.97
$ 19,856.77
Expenditure
Subtotal
Net To Date:
$ 20,223.74
$ 366.97
$ 19,856.77
Fund Number
40
City of Paris CO'93 Const F
Current Year
Prior Year
Net To Date
Revenue
$ 80,581.72
$ 50,496.16
$ 30,085.56
Expenditure
$ 85,180.00
$
$ 85180.00mm
Subtotal
Net To Date:
............
$ (4,598.28) $
............................................
50,496.16
. ........................ m.__m.::.:::.
$ (55,094.4)
Fund Number
41
Tax & Rev CO 2000 Const I
Current Year
Prior Year
Net To Date
Revenue
$ -
$ -
$
Expenditure
$ -
$
$
Subtotal
Net To Date:
$ -
$ -
$ -
Fund Number
42
CO Series 2002 Constructii
Current Year
Prior Year
Net To Date
Revenue
$
$-
.............. ...............................
$ ......_____................... ...
Expenditure
$
$
$
Subtotal
Net To Date:
$
$
$
Fund Number
43
GO Bonds 2013 Constructii
Current Year
Prior Year
Net To Date
Revenue
$
$ -
$
Expenditure
$
$ 3,230,000.00
$ (3,230,000.00)
Subtotal
Net To Date:
$
$ (3,230,000.00) $
3,230,000.00
Fund Number
45
Land Fill
Current Year
Prior Year
Net To Date
Revenue
1,267,652.89$
. . .......... 1,174,457.57
$ 93,195.32
Expenditure
1,310,033.33
_:.0
1,160,713.35
$ 149,319.98
Subtotal
Net To Date:
--
............
(42,380.44) $
---- -- -------------
. ... . ............ -
13,744.22
............................
$ (56,124.66)
Fund Number
so
Revenue Bonds Sinking Fu
Current Year
Prior Year
Net To Date
Revenue
1,241,644.73
897,255.79
$ 344,388.94
Expenditure
$
. .................
$
--- -------
Subtotal
Net To Date:
1,241,644.73
- — — - —
$ITITIT 897,255.79
- — ---- ------------
$ 344,388.94
Fund Number
51
Tx&RevCOs 2013 (TWDB)
Current Year
Prior Year
Net To Date
Revenue
$ 162,943.65
$ 160,185.88
$ 2,757.77
Expenditure
$ 168,507.50
. ......
169,347.50
... ...............................
........................
$ (840.00)
Subtotal
Net To Date:
$ (5,563.85) $
(9,161.62) $
3,597.77
Fund Number
52
2012 GO Refunding Bond I
Current Year
Prior Year
Net To Date
Revenue
$
Expenditure
$
Subtotal
Net To Date:
$
$
$
Fund Number
53
Tax & Rev CO 2010 I&S FU
Current Year
Prior Year
Net To Date
Revenue
$ 229,781.74
$ 273,668.72
(43,996.99)
Expenditure
203,507.00
$ 200,770.00
2,737.00
Subtotal
Net To Date:
# 26,274.74
.... ..... .
# 72,898.72
.......................................................
$ (46,623.98)
Fund Number
54
City of Paris CO'93 Ms Fu
Current Year
Prior Year
Net To Date
Revenue
$ 1,481,566.82
$ 58,952.58
1,422,614.24
Expenditure
$ 1,073,871.25
$ -
$ 1,073,871.25
Subtotal
Net To Date:
$ 407,695.57
$ 58,952.58
348,742.99
...........
Fund Number
55
Tax & Rev CO 2000 I&S Fu
Current Year
Prior Year
Net To Date
Revenue
$ .
...........
$ -
Expenditure
. ..............
..........
Subtotal
----
Net To Date:
-------- - --
$
$
......... . ....
Fund Number
56
Tax & Rev CO20021&SFu
Current Year
Prior Year
Net To Date
Revenue
$ (3.38) ................
$ 3.38
.
(6.76)
Expenditure
$-
::.:.:.:::.:m
- - - - — - - - - - ----------------
$ -
Subtotal
Net To Date:
....
(3.38)
3.38
$ (6.76)
Fund Number
57
Contractual Oblig I&S Funi
Current Year
Prior Year
Net To Date
Expenditure
$
Subtotal
Net To Date:
$
.. . . . . . . . .
- ---------------
Fund Number
58
2003 GO Refunding Bonds
Current Year
Prior Year
Net To Date
Revenue
$
$
Expenditure
$
. .................. . . ........
$
Subtotal
Net To Date:
$
... . .... ..............
$
. . . . . . . . . . .
Fund Number
59
2010 GOJW&S Refunding I
Current Year
Prior Year
Net To Date
Revenue
Expenditure
...............
Subtotal
Net To Date:
$
$
Fund Number
60
Refunding Bonds 2012
Current Year
Prior Year
Net To Date
Revenue
$ 57,838.18
$ 443,141.97
$ (385,303.79)
Expenditure410,062.50
$ (410,062.50)
Subtotal
Net To Date:
$ 57,838.18
. . . . . . . . . . . . .
33,079.47
$ 24,758.71
Fund Number
61
interlocal Coop Agreement
Current Year
Prior Year
Net To Date
Revenue
$ 98,848.21
S 106,786.48
$ (7,938.27)
Expenditure
$ 100,826.95
$ 100,826.95
$
Subtotal
Net To Date:
$ (1,978.74) $
5,959.53
$ (7,938.27)
Fund Number
62
G O Bonds 2013 IBIS Fund
Current Year
Prior Year
Net To Date
Revenue
$ 1,252,590.06
$ 2,979,633.69
$ (1,727,043.63)
_ .......-
Expenditure
—.. _
$ 2,919,350.00
$ 2,922,975.00
$ (3,625.00)
Subtotal
Net To Date:
$ (1,666,759.94) $
56,658.69
$ (1,723,418.63)
Fund Number
63
CO Bonds - 2016
Current Year
Prior Year
Net To Date
Revenue
$ 674,779.77
M$
$ 496,155.80
$ 178,623.97
Expenditure
555,510.00
$ 550,935.00
$ 4,575.00
Subtotal
Net To Date:
$ 119,269.77
$ (54,779.20) $
174,048.97
Fund Number
64
CO Bonds - 2017
Current Year
Prior Year
Net To Date
Revenue
$ 628,536.88
$ 675,483.01
$ (46,946.13)
Expenditure
$ 634 386.26
$ 636,536.26
$ (2,150.0
Subtotal
Net To Date:
$ (5,849.38) $
38,946.75
$ (44,796.13)
Fund Number
70
Employees Insurance Fund
Current Year
Prior Year
Net To Date
Revenue
Expenditure
$
S
$ w..........
Subtotal
Net To Date:
$ -
$ -
$ -
Fund Number
71
insurance Claims Fund
Current Year
Prior Year
Net To Date
Revenue
$
$ .
$
Expenditure
-
$..._.._...
–
S
$ .
Subtotal
Net To Date:
'` ......... _______ __ $_.
$
$
Fund Number
72
Library Memorial Fund
Current Year
Prior Year
Net To Date
Revenue
5,107.52
2,617.86
$ 2,489.66
Expenditure
1,020.74
1,400.97
$ (380.23)
Subtotal
Net To Date:
$ 4,086.78
. ........... . .... ........
— .
$ 1,216.89
. .....................
.............. .....2. ................ r
,869.89
Fund Number
73
3 A Love Trust Fund
Current Year
Prior Year
Net To Date
Revenue
$
$ ..................
Expenditure
$$
Subtotal
Net To Date:
.......
.
$ -
. -.. .... ..................
— -------. ...
$
....... .. .............
Fund Number
74
3 P Poteet Trust Fund
Current Year
Prior Year
Net To Date
Revenue
$ -
Expenditure
...................................
..................
. . . ............ .
Subtotal
Net To Date:
. ....
$
$
Fund Number
75
Wilbor Deshong Trust Func
Current Year
Prior Year
Net To Date
Revenue
$ -
$ -
$
Expenditure
- - – --------
$.......
------.................... ..
........... . . .......... . .....
Subtotal
Net To Date:
$
$
Fund Number
76
Gibbs Library Fund
Current Year
Prior Year
Net To Date
Revenue
$
Expenditure
Subtotal
Net To Date:
$
---- — ------- –
$ -
$
Fund Number
77
W B & Kathryn Vaughan M
Current Year
Prior Year
Net To Date
Revenue
$
$
$
Expenditure
......................... ----------
-------
Subtotal
Net To Date:
$
$
....................
$
Fund Number
78
Malone H Love Memorial Fl
Current Year
Prior Year
Net To Date
Revenue
$
$
Expenditure
$
........................ . . . . . . I! . .........
Subtotal
Net To Date:
$
$
...................................
$
Fund Number
79
Library Expendable Fund
Current Year
Prior Year
Net To Date
Revenue
$ 5,148.75
$ 996.14
4,152.61
Expenditure
$ 7,172.47
$
7,172.47
Subtotal
Net To Date;
$ (2,023.72)
996.14
$ (3,019.86)
Fund Number
so
Library Permanent Fund
Current Year
Prior Year
Net To Date
Revenue
$ 44.98
$ 7.55
$ 37.43
Expenditure
Subtotal
Net To Date:
$ 44.98
$ 7.55
$ 37.43
Item No. 8
TO: Mayor, Mayor Pro -Tem & City Council & Council
Grayson Path, City Manager
FROM: Janice Ellis, City Clerk
SUBJECT: RESOLUTION CASTING VOTES FOR BRYAN GLASS TO SERVE
ON THE LCAD BOARD
DATE: November 11, 2023
BACKGROUND: On October 9 2023, City Council adopted Resolution No. 2023-045
nominating Mr. Pat Murphy to serve on the Lamar County Appraisal District Board of Directors.
October 23, 2023, the City Council repealed Resolution 2023-045 after learning that Mr. Murphy
was ineligible to serve, due to statutory provisions. After repealing Resolution 2023-045, City
Council nominated Bryan Glass to serve as the City representative on the Lamar County
Appraisal District Board.
STATUS OF ISSUE: LCAD has provided a Resolution in which the governing body may vote
for nominations submitted, which includes Bryan Glass. This action must be taken no later than
December 15, 2023.
BUDGET: NA.
RECOMMENDATION: Approve a Resolution casting the City's 614 votes for Bryan Glass as
the City's representative for the Lamar County Board of Directors.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
CASTING THE CITY OF PARIS' 614 VOTES FOR BRYAN GLASS FOR A
TERM OF TWO YEARS BEGINNING JANUARY 1, 2024 ON THE BOARD OF
DIRECTORS OF THE LAMAR COUNTY APPRAISAL DISTRICT; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris participates in the Lamar County Appraisal District,
and;
WHEREAS, Chapter 6 of the Property Tax Code allows each taxing unit to cast votes
for the Board of Directors of the Appraisal District in proportion to their tax levy, and;
WHEREAS, the City of Paris has been allotted 614 votes in the election for members
of the Board of Directors; and
WHEREAS, the City Council met in open session to consider the casting of the votes
to which they are entitled;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the City of Paris' 614 votes be, and the same are hereby, cast for
the following member or members for membership on the Board of Directors of the Lamar
County Appraisal District for a two-year term beginning January 1, 2024:
Section 3. That the City Clerk be, and she is hereby, directed to execute the City of
Paris's ballot and deliver the same to the Lamar County Appraisal District.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED on this 13th day of November, 2023.
Reginald B. Hughes, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
ELECTION VOTE ALLOCATION
TAXING UNIT 1 2022 LEVY PERCENTAGE VOTES
City of Blossom
$ 320,967.98
0.0038
19
City of Deport
$ 133,319.93
0.0016
8
City of Paris
City of Reno
$ 10,458,765.39
$ 1,090,446.07
0.1229
0.6-1281
614
64
City of Roxton
$ 152,174.67
0.0018
9
Paris Junior College
$ 4,281,240.09
0.0503
251
Chisum ISD
$ 13,406,968.23
0.1575
788
Honey Grove ISD
$ 75,628.86
0.0009
4
North Lamar ISD
$ 17,718,980.91
0.2082
1041
Paris ISD
$ 15,339,330.31
0.1802
901
Prairiland ISD
$ 5,979,157.01
0.0702
351
Lamar Coun
16 162 183.67
0.1899
949
$ 85, 119, 16.3.12
100.0000%,
5000
Item No. 9
RM � 011 R", R J
TO: City Council
Grayson Path, City Manager
FROM: Randy Tuttle, Assistant Chief of Police
SUBJECT: LAMAR COUNTY MITIGATION PLAN
DATE: October 18, 2023
BACKGROUND: In accordance to the Federal Disaster Mitigation Act of 2000 Lamar County is
required to have a Federal Emergency Management Agency (FEMA) approved Local Hazard
Mitigation Plan. This plan, which includes the City of Paris, will serve dual objectives of providing
direction and guidance on implementing hazard mitigation, and qualify the County to obtain
federal assistance for hazard mitigation. To help achieve these objectives, the Plan attempts to
systematically identify and address hazards that can affect the County. This plan addresses natural
disasters identified in the State of Texas 2018 Hazard Mitigation Plan. Participating jurisdictions
will address the natural hazards listed in table I on page 10 of the plan. The plan is directed at
making Lamar County and its citizens safer from disasters by reducing the risks of property and
lives from a variety of natural disasters. This plan has not been updated since 2007.
STATUS OF ISSUE: Local Emergency Managers worked with Grant Works to update the plan
which was then submitted to the Texas Division of Emergency Management and FEMA for
approval. Lamar County and participating entities was recently notified the plan had been
approved by both agencies. A resolution is required for the City of Paris to adopt the plan.
BUDGET: No impact on current budget.
RECOMMENDATION: Recommend council approve the resolution adopting the Lamar County
Mitigation Plan.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ADOPTING THE 2023 LAMAR COUNTY MITIGATION PLAN; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, in 2007 an All -Hazard Mitigation Plan was developed for Lamar County
and included the City of Paris and other jurisdictions within Lamar County; and
WHEREAS, the plan is directed at making Lamar County and its citizens safer from
disasters by reducing the risks to property and lives from a variety of natural and man-made
disasters and was updated locally and submitted to the Texas Division of Emergency
Management and FEMA for approval; and
WHEREAS, both agencies have approved the 2023 Lamar County Mitigation Plan;
and
WHEREAS, the City Council of the City of Paris hereby adopts the 2023 Lamar County
Mitigation Plan.
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 of this resolution are hereby
in all things approved.
Section 2. That the City Council of the City of Paris hereby adopts the 2023 Lamar
County Mitigation Plan.
Section 3. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 13th day of November, 2023.
Reginald B. Hughes, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item No. 10
Memorandum
TO: Mayor, Mayor Pro Tem & City Council
FROM: Grayson Patti, City Manager
SUBJECT: FY22/23 Strategic Plan — Final Update
DATE: November 13, 2023
BACKGROUND:
On January 9, 2023, the City Council approved a new Strategic Plan via Resolution 2023-002.
This Strategic Plan is made up of a Vision, Mission Statement and Goals for the City of Paris. It
is intended to guide the City in the development and implementation of its fiscal budget for the
next ten years, with the flexibility of knowing that future City Councils will review and amend as
needed to keep this plan relevant and effective.
The City Council has prioritized five (5) primary goals, rooted in the Strategic Plan's Vision and
Mission Statement. These are intended to be long term goals that will be relevant in the immediate
and future fiscal years. From these goals, and as funding is available, action items will be
established each fiscal year through the budgeting process. The following are the five goals with
action items identified in the FY22/23 Budget:
1.) Enhance the City's relationship with key State and County Representatives.
2.) Encourage Economic Development through business development and retention planning.
3.) Promote long-term growth in the community.
4.) Retain our citizens.
5.) Market the City.
Pursuant to the Strategic Plan, a report was given to the City Council during the fiscal year
budgeting process this past summer as to the status of the FY22/23 Strategic Plan Action Items.
STATUS OF ISSUE:
On September 11, 2023, the City Council approved the City Manager's proposed FY23/24 Budget
which included a proposed Strategic Plan via Exhibit H. On September 25, 2023, the City Council
approved Resolution 2023-039 officially adopting the new FY23/24 Strategic Plan, taking the
place of the FY22/23 Strategic Plan.
With the conclusion of FY22/23 occurring on September 30, 2023, it is appropriate to close out
the FY22/23 Strategic Plan with one final update, which has been prepared and presented to you
tonight with your agenda packet.
BUDGET:
N/A
OPTIONS
1. Presentation only.
RECOMMENDATION:
1. Presentation only.
Strategic Plan
Action Items
Fiscal Year 2022 / 2023
Status Update — July 2023
Sitattis Update Noverribei � 2023
Introduction
Pursuant to the Strategic Plan, the City Manager will provide a report to the City Council during
the fiscal year budget process as to the status of the FY22/23 Action Items. 1,iat iimell:)wt was
provided using July 2023 irdbrimatiiaiu.: I...laaiiu°i;F conipl c ad IC: YZ2/23, th° umpdalied armal i:rt provides
the Site Cou. incH with eu irreu.0°i iiur°u°feu°t°°ura iueur as e°IF l"^ ovcniber 2023...l..[ie City ( oi.iinu°:'ll has aIIC)pireveuJ
°III°:lre l.Y,23/24 Strallwe,Siie l:�latu, whish°u iimepllaaes the IC!°)122/23 1:1llain, therefore this Willl be the fitmualll
t.ulfrSate
Actions Items
The following identifies the Action Items for the FY22/23 Strategic Plan and their status as of
Novtttvtlber 2023. For more information, please speak with either the assigned department or the
City Manager.
A. Goal #1— Enhance the City's Relationship with key State and County Representatives.
a. Implement the Interlocal Agreement with NLISD for street development as part of
its capital project.
L Goals #1, 2, 3
ii. Assignment: City Manager's Office, Planning and Community Development
Department, Public Works Department
iii. Status: Street installation is complete.
b. Revisit the Toole Design Group Study for downtown development following
TxDOT and City Report on 90 Day STOP Sign Study.
L Goals #1, 2, 3
ii. Assignment: City Manager's Office, Planning and Community Development
Department, Public Works Department
iii. Status: Ad-hoc Downtown Traffic Committee formed and meeting monthly
to implement numerous soft traffic measures downtown. While STOP
signs are not an option at this time, committee has installed various
vertical delineators, painting of lanes and parking stalls, working to install
traffic buttons, and testing back -in angle parking. An electronic speed sign
has been used to measure traffic and speed count going in and out of the
downtown square to provide further information for future decisions.
After several months of testing new options, we have noticed a softening
of speeds through the downtown. Committee will continue to meet for
several more months. S a°IIP;ita as of IINovet°urull: er SSSS is uur"uchangeu°.
„' NF/J, 171011121"1 ii'
on
Implement Ait a and Taxiway Projects in coordination wi x
I. Goals , 2,
ii®Assignment: itDepartment
iii. Status: TxDOT has selected an engineer who is designing the runway
project or bid. Project has been delayedanother ar due to staffing
vacancies within TxDOTtlllse duty has srrSruiii'ttesl otir 10 coustu°"iSw'wut'10111s t
flll'us i°:)rolect to the txlll:to t to ioid ius order to e�isllliiSate °Ilfaiuese AJI!° 1110A fuin s.
Lochi!'iier, Eu ghieerli,ng was sellle���;�t�r� d� as bl'ie euriyineeuiirig fiii�rr"u and has
suui'veye^�d the slitea the sar oJect is expecled 'to slIII°zi't liiirtJlhie st uivirnrruim 2024�����
Once coinprie°I ed, our u.unway and 'taxiiway sUffaces sll,'=W II --ave anotlllreu
10-15 year Rife expectaurrcy
Explore i s of or lng with Lamarin the construction of a new fel
farm.
i® Assignment: City Manager's ice
ii. Status: Lamar Countyis continuing to explore options of developingtheir
own fel farm. The Cly however has taken a step backo re-examine its
options i i of its existing agreement i a provider. Future outcome
of this project is uncertain at this time, however it is ongoing..Statsu s as &
ISoveu°vllseu°° '2023 County Rias euruSaSeS aui eiigfileer° ng firers 'to Sevelllellus
design Iplans 'iiia Ilairepaura°Iltiion for, piroct�irernent. City staff fou�esee�s re-
eur"uyaSing tine yoinity iin t.irliis siiscu ssiissus
® Encourage Economicbusiness
retentionI
a. Implement the Developer Construction Manual,
1® Goals 2,
H. Assignment: Planning and Community eve eDepartment
Ill. Status: Complete
b. Encourage pre -development meel s.
l® Goals ,
ii, Assignment: Planning and Community eve eDepartment
iii. Status: Ongoing partally operation.
c. Upgrade MyGov4to MyGov5Software,
L Goals 2,
ii. Assignment: Planning and Community evela e t Department
iii. Status: Clee
d. Encourage Chapter 380 Agreements.
I. Goals 2,
ii® Assignment: City Manager's ice, Planning and Community vel e t
Department
Ill. Status: Ongoing partailoperation.
e. Complete the Water Linex e si and RedundancyProject in ester Paris.
I. gals , 3,
ii® Assignment: Public Works Department
Fig
msaxs
HBO
iii. Status: Extensive work completed, however still in progress. Paused in
order to service Professional Agreement with Lionshead Project. New pipe
is to be procured to finish the western Paris project once Lionshead is
complete. -II II°u Ilport:lo� i alm!ig 001"s new u,egioiilaJacuplii y: um Loop 286 plan
h) u: °o:7i�:Ip° et:ed. Once Uoii°W,i A sulbi-nitp ayrne iilt to fl:e
(mi A, we wfli xaniiiuiie otir o;)tions°r ar �jtjrichaslng the rieedrid pipe c to
cornplete this III A oject wepl as i, -)erg"` �rni two oti: u:° projects we
lave kleiint:fi�ein towri: VIII°: Willill tiave siginfficairrt p osftive iniparts,
f. Revise the Vacant Building Registration Ordinance.
L Goals #2, 3
ii. Assignment: Planning and Community Development Department
iii. Status: Ordinance was revised to include residential properties located in
historic districts in town. Implementation of enforcement is in progress.
g. Demolish the dangerous structure at 260 S. Main Street, known as the Belford
Building.
L Goals #2, 3
ii. Assignment: City Manager's Office
iii. Status: Engineer drawings and bid documents are complete. City Council
has approved issuing of RFP. Bids are due in August 2023. Demolition will
likely occur in FY23/24. II'? i i s re Aeo,"ie i, u°°i City staff ii,.c p, a°` lu uAi °i`Ilhie
" u Rerni er, 13, 202 3,
Increase funding available to Downtown Fa4ade Grants.
L Goals #2, 3, 5
ii. Assignment: City Manager's Office, Planning and Community Development
Department
iii. Status: Funding to increase grants was budgeted in FY22/23 and the HPC
and City Council have authorized an increase in grant amounts for eligible
projects.
C. Goal #3 — Promote long-term growth in the community.
a. Continue to promote and implement the 5 in 5 Program.
L Goals #1, 3, 4, 5
ii. Assignment: Planning and Community Development Department
iii. Status: The City Council has approved nine (9) agreements which represent
66 dwelling units. More applications continue to be processed along with
an increased number of potential lots being pursued through the
foreclosure process.
b. Implement a Housing Study with the PEDC and an identified third party.
L Goals #3, 4
ii. Assignment: City Manager's Office
iii. Status: Phase I of the Housing Study is complete. The consultant is working
with the City to propose a Phase II scope of service for inclusion in the
FY23/24 Budget. As of None 'floer 20 3, the City Ilhi a plljiu. ved ain
i��
*R�l S
!
rl'EXAS
agi eernerft wlfli 11"ie coiristdtai,it,, at,iid die c(,,H1,SLJtant ,taas begt,jiri fliefir woii,k,
inclu&i iIg a fl,ioroug[i tour oftown ai,W tiii�?eflng widi stake[ioldeii�s,,
c.
Make revisions of municipal, zoning and building codes as needed.
L Goals #2, 3
ii. Assignment: Planning and Community Development Department
iii. Status: The Paris Development Code (PDC) Committee continues to meet
to incrementally review the developing PDC. The PDC will be a
comprehensive revision to all zoning and building -related codes for the
City of Paris upon completion. Expected to be completed in FY23/24.
d.
Adopt 2021 Building and Fire Codes.
L Assignment: Planning and Community Development Department, Fire
Department
ii. Status: Complete.
e.
Appoint a Board of Appeals
L Assignment: City Manager's Office, Planning and Community Development
Department
ii. Status: Seeking eligible applicants for the Board.
f.
Create a Development Agreement for the Forest Brook Estates Project.
L Goals #2, 3, 4
ii. Assignment: Planning and Community Development Department
iii. Status: Project continues to move forward, but timeline is controlled by
the developer. This is therefore still in progress and expected to continue
in to FY23/24. As of Noven'.nber 2023,the developei, 'is plaii,infing a ground
bireaIdii,,ig ceireii'n(�)ii,iy 'foiii,° �)hase I (iresidentW) sonretinre uu"i IV vembeii- o'iii,m
[)ecernber 2023. Dev6oper ariid fl-te City w i? iiii discussbiiiis ii egaii-ding �)hase
HI for retail aiiid comineii-cial de%r&opii'iieii1t.
g.
Implement Phase I Architectural Analysis for the Grand Theater.
L Assignment: City Manager's Office
ii. Status: Complete. Phase 11 consists of asbestos abatement and cleanup of
the building, which is tentatively included in the Proposed FY23/24 Budget.
1"he Oty Cottor, ir.JHI apIproved fuinds ded'pcated tope; foii,.II"Wing,fl"ie woii1( Iiin ttie
f�N23/24 Budget,,, Ms aie due IlDack Thi,jii'sday, Noveii'riibeii1111 and stalf wfll
[)egin to iir�,view aii,,id process for o"I :µiiil'1'4Iii-ecoIIsi mendation to the City
CouncflI I. a futuire councflI ri�eetirig.
h.
Increase funding for demolition and lot mowing.
L Goals #2, 3
ii. Assignment: City Manager's Office, Planning and Community Development
Department
iii. Status: Complete.
L
Implement the new deconstruction program.
L Goals #2,3
ii. Assignment: City Manager's Office, Planning and Community Development
Department
'S
XA
iii. Status: City Council approved the program, guidelines have been created,
implementation is next step when time allows.
j. Bring back and implement a community Trash Off event.
i. Assignment: City Manager's Office, Planning and Community Development
Department, Public Works Department
ii. Status: Trash Off Event held on April 15, 2023. Very successful.
D. Goal #4 — Retain our citizens.
a. Implement the FY22/23 HOME Program.
i. Goals #3, 4
ii. Assignment: City Manager's Office
iii. Status: Program secured with State, in motion through third party
administration. As of SII°ue euud a°u II':22. 23, we have 22 p puliu:a Bions fuer the
uiew Iluimuul raiir %vel lllu 2 rumlMove l'umonl illp iu'evi uus IIIuu° "u,S,iirarru i uuur'° Ilm'iiiiid Iparty
driuinistrtoil has erigaged a local °I "iii e ConipanytoII cSliiur°u woridng through
fiigiibin allf l llluu°: ioi�,,t pu'�ifu" r'u�u°,iati� iii request Il letter's have Ibeen seii"Ato vadous
������ pplicuuts se6l16ii i�iig inii i ng doctiii,ii'mi,itation to cornIGflete ii:)uu ii�.� ii,"u; vii o°fthei r
ap lica ioii"uw
b. Rehabilitate the Municipal Pool.
L Assignment: Public Works Department
ii. Status: Complete
E. Goal #5 — Market the City.
a. Complete the Branding and Marketing Project.
L Goals #2, 5
ii. Assignment: City Manager's Office
iii. Status: Branding project complete with new logo, tagline, etc. DeadCat
Media selected as Branding Manager. Rollout process in motion. New logo
being implemented throughout city operations. Water towers are in the
process of being painted in July and August 2023. As of Illuioverul eir 2023,.
the ter toweiii s were suci:essfi�ulll2 p li:A° ed, a eine j nty ol"�,Vhe city fleiii,?t has
the new Iluog a 6sp2 ayed,Illuuwu:uii ies aiii, s have Il ii sW46hed out, , ui°°iud
^ ii. IIII 11ie Ibiiau,u2 'ps aIppearirmg oii,i aH ii,iew muu°II',Rriaul, docuuuru°mei°u u, m:W
uemu etc ..
im"uu�u. pumu� ., „. i."luuwM City II"7wuus umui.umis°l"imllp'2 II°.'uiiru,"uu a I3'uul:ulll'iuM iiiul`u:um°u.uu°Iliiiuun
2i .. iu:;;em°. wul°."wry uuuilf II be i~uuuluiim"u,.. uuir"u, 'illl"uuu Illuumauudiur"u�
um muduu iu.uiii of ouuir 1.2 uuuuwum°°iu°H'Iwlh agreemeii,it w'it1i DeadCat Media hi eai1l2 '2024,
b. Construct the new restroom at the Farmer's Market.
i. Goals #2, 3, 5
ii. Assignment: Planning and Community Development Department
ill. Status: Complete
c. Form a Maintenance Agreement for new Downtown Lights.
i. Goals #2, 5
ii. Assignment: City Manager's Office
iii. Status: In progress.
e.
f
Develop and promote downtown festivals.
i. Goals #4, 5
ii. Assignment: Planning and Community Development Department
iii. Status: Numerous successful events such as Steak Wars, St. Patricks Mini
Golf, Wine Fest, Imagine the Possibilities Property Tour, June Concert
Series, Manikin Noght, aiii°id the `L111711:)ku'l Festoi al.
Commission new sculptures and cultural art in and around the downtown.
i. Assignment: Planning and Community Development Department
ii. Status: Paris Area Arts Alliance has worked with the Lamar County Board
to address the Art Park Lease. Plans are being made to install the first
sculpture as well as murals.
Hire a new Police Department Community Outreach Officer
L Assignment: Police Department
ii. Status: Kimmie Snowton successfully hired.
Item No. 11
n
TO: Mayor, Mayor Pro -Tem & City Council & Council
Grayson Path, City Manager
FROM: Grayson Path, City Manager
SUBJECT: Lake Gibbons Pasture Lease
Renewal of Agreement
DATE: November 11, 2023
BACKGROUND: The City of Paris owns land at Lake Gibbons. On October 22, 2018, the City
entered into a Pasture Lease Agreement with Briana Pridemore (Briana Williamson).
STATUS OF ISSUE: The lease was for five (5) years with one optional five (5) year renewal.
The initial term terminates on November 14, 2023, and Ms. McFatridge was to request the
extension by January 1, 2023. This did not occur until October 18, 2023. Speaking with staff,
we have had no issues with Ms. McFatridge leasing the land under this agreement and there is no
objection to renewing it another five (5) years despite her having missed the deadline. Staff will
set a calendar reminder for four years from now to prepare for the next term termination.
BUDGET: The lease is for $24,755.00 annually (see attached lease agreement).
RECOMMENDATION: Approve the extension of the current Pasture Lease Agreement for five
(5) additional years with a termination date of November 14, 2028.
PASTURE VEASEAgREEM
1i
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
THIS LEASE AGREEMENT is made this 22nd day of October, 2018 by and
between the CITY OF PARIS, TEXAS, a home -rule municipal corporation, of the County of
Lamar and State of Texas, acting by and through its City Manager, duly authorized,
hereinafter called LESSOR, and Briana Williamson, 5796 FM 38 N, Brookston, TX
hereinafter called LESSEE.
WITNESSETH
For and in consideration of the sum of Twenty Four Thousand Seven Hundred Fifty
Five Dollars ($24,755.00) and No cents cash, payable in five (5) equal annual installments
of $4,951.00 each, the first of which will be due and payable on or before the 15th day of
November, 2018 with a like payment being due and payable on or before the 15th day of
November each year thereafter during the term of this Lease (the "Rental Fee"), the
LESSOR does hereby lease, let and rent unto LESSEE all that certain tract of land owned by
the City of Paris, situated in Lamar County, Texas, and known as the Lake Gibbons property,
consisting of approximately 165 acres of land, as further described herein as ExhiWtA fthe
"Leased Premises") for grazing purposes, for a period of five (5) years, beginning
November 15, 2018.
LESSOR does hereby further grant LESSEE the right of ingress and egress to and
from said Leased Premises at any time during the period of this lease for the purpose of
grazing said lands, and for the purpose of inspecting, improving or fertilizing such lands.
Pasture Lease Agreement - Page 1
IN CONSIDERATION OF THE RENTAL FEE TO BE PAID AND OTHER GOOD AND
VALUABLE CONSIDERATION, it is mutually agreed by and between LESSOR and LESSEE:
1. The term of this Lease is for five (5) years, beginning on the 15th day of
November, 2018, and ending on the 14th day of November, 2023 ("Initial Term").
2. That LESSEE shall pay to LESSOR, at the City Finance Department, 135 1St St.
SE, Paris, Texas 75460 the agreed Rental Fee in advance, promptly and without neglect,
default, or delay.
3. That LESSOR owns all fences, gates or other improvements now existing on
the Leased Premises, and maintenance of said fences, gates and other improvements shall
be the responsibility of LESSEE during the term of this Lease or any extension thereof.
4. That any and all improvements made, constructed or installed upon the
Leased Premises by LESSEE, including but not limited to: fences, gates or cattle guards,
shall at once become the property of LESSOR and shall be surrendered to LESSOR upon the
termination or expiration of this Lease Agreement.
5. That LESSEE agrees to pursue good land management practices with regard
to the Leased Premises.
6. That LESSEE shall be responsible for purchasing and applying any and all
seed, fertilizer, weed killer, and/or other supplies necessary to properly maintain the
Leased Premises.
7. That LESSEE agrees to properly shred the Leased Premises at least once
every twelve (12) months during the term of this Lease or any extension or renewal
thereof, unless LESSOR shall otherwise agree in writing.
Pasture Lease Agreement - Page 2
8. That LESSEE will take good care of the Leased Premises and be responsible
and make good to LESSOR all injuries and damages to the same caused by LESSEE or those
under his control and will deliver the Leased Premises back to LESSOR at the expiration or
termination of this Lease in as good or better condition as when the Lease began, usual
wear and tear alone excepted; and LESSEE will, upon the expiration of this Lease, peaceably
yield up to LESSOR all and singular the Leased Premises and all improvements, additions,
or repairs to or upon same, in good repair.
9. That it shall be lawful for LESSOR or LESSOR'S authorized designee, to enter
upon the Leased Premises, and every part thereof, at all times for the purpose of inspecting
and examining the condition thereof.
10. THAT LESSEE AGREES TO INDEMNIFY, SAVE, KEEP, AND HOLD LESSOR,
ITS ELECTED OFFICIALS, OFFICERS AND EMPLOYEES HARMLESS FROM AND AGAINST
ANY AND ALL DEMANDS, DEBTS, LIABILITIES, SUITS, CLAIMS, AND CAUSES OF
ACTION OF EVERY KIND AND CHARACTER WHATSOEVER FOR DAMAGE OR INJURIES
TO PERSONS AND/OR PROPERTY OCCURRING ON THE LEASED PREMISES RESULTING
FROM LESSEE, HIS INVITEES, AGENTS, SERVANTS, OR EMPLOYEE'S USE, AND LESSOR
SHALL NOT BE LIABLE TO LESSEE, HIS INVITEES, AGENTS, SERVANTS, EMPLOYEES,
OR VISITORS DUE TO THE IMPROVEMENTS LOCATED THEREON, OR HEREAFTER
CONSTRUCTED, OR ANY OTHER CONDITION OF THE PREMISES BEING IMPROPERLY
CONSTRUCTED, MAINTAINED, OR BEING OR BECOMING OUT OF REPAIR; LESSEE
HEREBY WAIVES ANY RELEASES THEREIN AND AGREES TO SAVE AND HOLD LESSOR,
ITS ELECTED OFFICIALS, OFFICERS AND EMPLOYEES HARMLESS FROM ALL CLAIMS
Pasture Lease Agreement - Page 3
FOR ANY SUCH DAMAGES OR INJURIES, AND LESSEE MUST, AT ALL TIMES DURING
THE TERM OF THIS LEASE, AND ANY EXTENSIONS HEREOF, KEEP AND MAINTAIN, IN
FULL FORCE AND EFFECT, A POLICY OR POLICIES OF GENERAL COMMERCIAL
LIABILITY INSURANCE, PROVIDING COVERAGE OF AT LEAST $250,000.00 PER
PERSON AND $500,000.00 FOR ANY SINGLE OCCURRENCE FOR BODILY INJURY OR
DEATH AND $100,000.00 FOR ANY SINGLE OCCURRENCE FOR INJURY TO OR
DESTRUCTION OF PROPERTY, INDEMNIFYING ALL PERSONS FOR ANY AND ALL
DAMAGES, PERSONAL INJURIES, OR PROPERTY DAMAGES SUSTAINED IN OR UPON
THE LEASED PREMISES, OR ANY PART THEREOF, AS THE RESULT OF THE
NEGLIGENCE OF LESSEE, HIS INVITEES, AGENTS, SERVANTS, OR EMPLOYEES, AND
SHALL PAY ALL PREMIUMS DUE THEREON WHEN DUE. IT IS EXPRESSLY PROVIDED
THAT SUCH INSURANCE POLICY OR POLICIES SHALL AND MUST BE WRITTEN AND
ISSUED BY A REPUTABLE INSURANCE COMPANY OR COMPANIES LICENSED TO WRITE
INSURANCE POLICIES IN THE STATE OF TEXAS, LISTING LESSOR, ITS ELECTED
OFFICIALS, OFFICERS AND EMPLOYEES AS AN ADDITIONAL INSURED, SUBJECT TO
APPROVAL BY THE CITY ATTORNEY OF THE CITY OF PARIS, AND LESSEE OR HIS
INSURANCE CARRIER OR CARRIERS SHALL DELIVER A COPY OF ANY SUCH POLICIES
TO THE CITY CLERK OF THE CITY OF PARIS, 150 1ST STREET S.E., PARIS, TEXAS
75460, OR FURNISH TO SAID CITY CLERK A CURRENT LETTER OR CERTIFICATE
FROM SUCH COMPANY OR COMPANIES, EVIDENCING THE FACT THAT SUCH
INSURANCE IS IN FULL FORCE AND EFFECT AT ALL TIMES DURING THIS LEASE, AND
ANY EXTENSION HEREOF, AND SPECIFICALLY NOTING THEREON THAT LESSOR IS AN
Pasture Lease Agreement - Page 4
ADDITIONAL INSURED. ALL SUCH POLICIES SHALL BE WRITTEN SO THAT THE
LESSOR WILL BE NOTIFIED OF CANCELLATION OR OF ANY RESTRICTIVE
AMENDMENT OF THE POLICIES AT LEAST THIRTY (30) DAYS PRIOR TO THE
EFFECTIVE DATE OF SUCH CANCELLATION OR AMENDMENT. NOTICE SHALL BE BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, ADDRESSED TO THE LESSOR AT
THE FOLLOWING ADDRESS: CITY CLERK, CITY OF PARIS, P. 0. BOX 9037, PARIS,
TEXAS 75461-9037.
IT IS UNDERSTOOD, AGREED, AND PROVIDED THAT LESSOR SHALL NOT BE
LIABLE OR RESPONSIBLE TO LESSEE FOR DAMAGES OR LOSS OF ANY KIND
WHATSOEVER CONCERNING THE USE OF THE LEASED PREMISES, INCLUDING, BUT
NOT LIMITED TO, LOSS OR INJURY TO ANY ANIMALS PASTURING ON SAID LEASED
PREMISES, AND THE SAID LESSEE ACCEPTS THE LEASED PREMISES AS IS AND WHERE
IS WITHOUT WARRANTY OF ANY KIND, AND FURTHER, LESSEE ASSUMES ALL RISKS
INCIDENT TO AND CONNECTED WITH THE SAME.
11. Should LESSEE default in, or fail or refuse to keep any of the covenants,
conditions, stipulations, and/or provisions herein contained, LESSOR shall give LESSEE
written notice thereof, giving LESSEE thirty (30) days to correct such discrepancy, and, in
the event such default, failure, or refusal is not corrected within said thirty (30) day period,
then this Lease may be terminated at LESSOR's option and no refund of Rental Fee shall be
due or owing. Pursuant to the Lease termination, LESSOR may reenter the Leased
Premises, take full possession of the premises and remove all persons, property, and effects
therefrom, all and every claim for damages for or by reason of said reentry or removal of
Pasture Lease Agreement - Page 5
persons or property being expressly waived by LESSEE.
12. That the LESSOR may, without penalty and at its sole option, and following
thirty (30) days written notice to LESSEE, terminate this Lease as to the entire tract, or any
part thereof, which may be necessary, in the event the LESSOR desires to use the Leased
Premises, or any portion thereof, for any governmental, municipal or recreational purpose.
In such event, LESSEE shall receive a pro rata reimbursement of any prepaid Rental Fees
based on time remaining and/or property remaining under this Lease.
13. In the event LESSEE shall keep each and every covenant and agreement
contained herein and do and perform all the obligations required of him hereunder during
the primary term of this Lease, an option is hereby given and granted to LESSEE to renew
and extend this Lease for an additional period of five (5) years from and after the
expiration of the Initial Term of the Lease, for and in consideration of a mutually agreed
upon Rental Fee amount. LESSEE must notify LESSOR in writing of LESSOR's
intention to renew said lease on or before the 31st day of January, 2023.
14. Any notice required by this Agreement shall be in writing and may be delivered in
person or by certified mail, return receipt requested addressed accordingly:
LESSOR
City Manager
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
wthwwa cup to:
City Clerk
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
Pasture Lease Agreement - Page 6
LESSEE
Briana Williamson
5796 38 N
Brookston, Texas 75421
15. This Lease shall be governed by the laws of the State of Texas. This Lease shall be
performed in Lamar County, Texas, therefore, any legal actions arising hereunder shall lie in
Lamar County, Texas.
16. LESSEE shall not sublease, assign or otherwise transfer any right, title or interest to
any portion of the Leased Premises without first obtaining the prior written consent of the City
manager of the City of Paris, Texas.
17. The terms of this Lease are binding on, and the benefits herein inure to, the
heirs, administrators, and executors of LESSEE. This Lease may not be assigned without
the express written approval of LESSOR.
EXECUTED on the dates shown in acknowledgements below.
%111111 up"I
Cl2'y
ATTEST:
nice Ellis City Cleri'{.
APPROVED AS TO FORM:
S p anie H. Harris, C'�ty Attorney
Pasture Lease Agreement - Page 7
CITY OF PARIS, TEXAS
By: -- -
hn Godwin, Ci Manager
ty g r
LESSEE
t�
btiana Williamson
STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared John
Godwin, City Manager of the City of Paris, Texas, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of-no2018.
.P"' peg .CATHY SUE HOWARD
�,�.� Notary Public
M Comm. Ex . feb.16, 2021 Notary Pul I'c, State of Texas
STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Briana
Williamson, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this! -51'*, day o&el , 2018.
CATHY SUE HOWARD
Notary Public
•''• STATE OF TEXAS
ID#512411-7
OFF M Comm. Ex . Feb. 16, 2021
W
Pasture Lease Agreement - Page 8
Notary Public State of Texas
.
V� a .. ISffili
✓ ��* r.xy�p 1�:.;. g�i ,, &„�.y l}��, ` � r/,?�>�s�4F}' '*° rn '''o * _ r ;�s9 ,•ui� '.9.��,�a '�,�ax � ����r-� yv1 ..
1 i. ?r L [1"`e ' �, a w.' i+4 v .r ` �.4 •d i a
� � `� �'�\ „�` rR{ t,,. rte. [ •S, w "" .R }„1 ^�- r r ^° �p r L �.Fi
L _t -n. rar E+ � 3,x. � t, s� �xf ,,. �, 1 � ° ti �"• .. ! �aep
r� ' '_ �... • '�k era I � ..i �r"; � ix1 s � •.,�� ';m
� 4. �: � 'r` .. .� w-��• ��: y[�'�� �t���tiw„.r' I, w.��rm.vc w�^� y..�+�m���,d'i�.,„a�,. � `
x'KY
tx
I a N
AT
^' 1 SM
y
4
&R-1 yi v . " .. p � . ✓ � xyYyy� �e + layy
�'A.I� 3o,li
IS
Zk
I
I �*
Iv
up* OXON"
n,.
to-TVPAT
�. ,r,,�. � is.aka
w� „x - '1• { e., rt i OM1. - .. 6ag,:, '4•Y
F7 skill
lip
'T i, {',�. • ? T f. .ta.1 wy.. •' /Ju °.ew.d
ia � �r � at+d � AtA011,h
:rw "> g9ta L r° �t �. _ :�.y
M To
r ra` 4
z Y •tom:
r
3 f��ff���p���yAVrc�µ�d,, w� ,. -ra4f Y� ,:,. v�" � �,"w ,.���, iii. -7•.:
t t
1.
°• [ w d k
%
PASTURE & HAY LEASE
m
s ..... �w_...... _....._ .._.... . ......
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 Final Plat of The Monica Addition Lot 1 Block
DATE: November 13, 2023
BACKGROUND
The applicant requests approval of a final plat for The Monica Addition Final Plat Lot 1 Block in
order to establish a legal building site for multi -family housing.
RECOMMENDATION
Staff recommends approval of the final plat with the following conditions:
1. The submission to and tentative approval of a preliminary plat by the Commission shall
be a condition precedent to the preparation of a final plat. Chapter 9A, V Final Plat:
a. Any conditions of approval for the preliminary plat shall be revised before
approval of the final plat.
b. Any revisions made to the preliminary plat shall also be corrected on the final plat
before final approval.
2. An accurate boundary survey of the property, with bearings and distances referenced to
survey lines and established subdivisions... Chapter 9A, V Final Plat, (7):
a. There is a discrepancy between the drawing and the Legal Description. The Legal
Description lists 206.16ft in the eighth paragraph. However, the corresponding
bearing on the drawing lists "209.16"'. This shall be rectified.
VICIN9V MAP
wrz
t. l6YS bPR 1IrAS MIWiYO LLHWAAKM—A— —6waxaerxw
K
FINAL PILAT
TIIEE MONKA AMMON
BEING A I'LAT OF 11.01 T, BLOCK 1, A 0.749 ACRE TRACT OR lWRCEL OF LAND SITUATED IN ORIGINAL (ITY OF PARIS BLOCK 222-A,
CITY OF PARIS, LAMAR COUNTY, TEXAS AND BEING THAT CERTAIN TRACT OF LAND DESCRIBED IIN SIFEWL WARRANTY DIFED
TO HOMER FAMILY LAND, LIP, RECORDED IN DOCUMENT NO.. 180764-2021, OFIFICIAL PUBLIC WORDS, IAMAR COUNTY, TEXAS
. . . .............
.......... ... . ........... - - -- ----- - �A
74401. PR1(fV'ffFFT,.--,,
IF—A
LEGEND
-----------rami �.w ILS
-
7 '-7
r:7
.............................. -a
T
W%
yw ......................... at u— lw� 'Ifrnnanrekrrosa
HOMER FAMILY LAND UP
HAY min Dww R�Grrrcr Mark Romer & Monica Clement
tAW VOWY� VA% 1849L.—A- I 1.0,,T,75460 1903.784.40n
---_-- ---- MVEYDR:
KERRY M. HOEFNER
REGISTERED PROFESSIONAL LAND SURVEYOR #1562
2713 fA.W.1 S1 I kvi.9, Tz 759621214.719349
`""'$''
50621214.71UI40
OCTOBER 2023
UT11ITIES NAVE BEEN
TEXAS 811 VERIFIED THE MONICA ADDITION
Item No. 13
MMM", ffl,111,17(m,'"Im'(111
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 Habitat 69-B Addition Final Plat
Lot 1 Block A
DATE: November 13, 2023
BACKGROUND
The applicant requests approval of a final plat for Habitat 69-B Addition Final Plat Lot 1 Block
A in order to establish a legal building site for a single family residence.
RECOMMENDATION
Staff recommends approval of the final plat without conditions.
--- ----- - --
- ------ -----
. . ........
LO'B' 1. BLOCK A
ruc
OMS ACRE
------ --- ---
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 Final Plat of Habitat 161 Addition Final Plat
Lot 1 Block A
DATE: November 13, 2023
BACKGROUND
The applicant requests approval of a final plat for Habitat 161 Addition Final Plat Lot 1 Block A
in order to establish a legal building site for a single family residence.
RECOMMENDATION
Staff recommends approval of the final plat without conditions.
� I
t
�I
D
en
az raw pared.
1. Pp.r9 PRLC
EAST WASHINGTON STREET
35543b FK '., Gw eowrdad rowtleatalmn rwadl
, r
F7,,'cunax�BawraBr tPanaaam.rca x ra. xa
^very i
_ i .. Cowmen13M850.302JOPRLGadrc
a,..wo-r• CB 181, W f I
I CB 18f t]
g 0.283ame —.—.—L M
q MrM1FQ}M F E uWE:80a1Wired
_ � el ol.t &1T/RPRLG
_ I 1
me. Y
CITY BLOCK 1161
i
Rucker Plaec Addition - Vol. 1, Pg. 79 PRLC
Owners GdAum
Mel .,.,., ..... nereq mNl9yesrowwa:
(1) mar1I mtmmft
)npeMwFknbmeaagadatmapm, nmeevem cUbnao
Pmvdad pmofollenear mmNmnu br Ink dwelcpmeltCr
(x) ThaYel(we)Mromusd lM1is pmbbo pmymtl. Writ iaaebontic, antlamrMvty ma
vu XnwMme:
(5) 11aI1 (we)eo MmeyembY ma Neeeb, Y:eYa eaa Lwamr ane uwwrPe
ina8e bdlpbgavltletl wMbrar brll&tlavebpmenr, b dN Cay of rt,,Tewx
(a) Wail (wn)we worknremlYpen etw�asadM Rw wmtradbn olal mbr.
PId aPWovaf LYIFa C9y. P m pe of Y rrom drama nl
COU— OF IAMAR
Bebe me, Ne unurd5ned autlwry,a N q PW4c inaM far llwuld Coety 9Nb,an tFie
say. romaMMaroaama --. ,Imewr bmem Mmepampnewrae names
.raapMwiNdm IF. rrawd9 FNmmars .cmwmaa.e ro m. fMcm.rQ.rMaa.ne rormmdamnan
+FereMaapreasee.
oN.n amrmv rrmandnmererka,fma dee el ....... ..... ._ A.B an9
Nctary Prot. stere mTexaz
N�
w
Zoning:
PJltlalmdahired orpartal otlanas8uabd wMmiM1e CorwrNe Ltrnds cf1Fe CIN al
PoM, MmB wrmme num luoik I6t,td�ITred a) mdamlina �aeeveetl ar eBOeee m PoM Ramer OPurcl
nmeNN (Menet 7,endrewded In WmnM20105QZ02. mucop—
.111
uwc Rewrtla
Culrry, and same Yn Mam all cl l M ulMd t Y,99a N Mtl m bet 1de .-d.1 in a Mm
Oparry Raoamanam.r
Camlry (rekrenwe b Fcun�rvdeaMabn) ena benB� re psrmtl6iea�eidemmn®mmfetmvs, row0.'
R9L eIwM meEatl LMe af51M1 9Vee18PUMaul,vme Cdnptlnp wnt NaMuatmmer��uW
Thenu N 9° W OPE wbb the Nor6t Unv ofnitl Perez M1tlaMwMa HmN L ne mnid Wasningicn
8traelMa alsbrrm pltafaar to a-rabar(uU.1 a comer n a lbe U.e Pmbrm�warWamrmrbi dNletl
nB Bs NeBFeaN comm mnd Porez md doma—
eY z IW bad—dwabed'n a Oeea to LON PaYnwam rawrded In Vdwm 1055 Pape1T/,
erme Ru PmparK Remde of L.-
1.
amar rdury;
vI11R.5W.lPa 1R° rWar (adj brawm�erleatlw NeM Lina oleo kd Lot e�al8 scpeolpe RUNerd' a dl9ance
matin em ea Nwxn mMe reaoNetl PlNalsad AddPon M Vebme f am en Page ]RmBe
me BwVrweNmrrnrafsam PaYrc Wdnp the BouBxaNmmarolnM Pmazaad emaamN exc balnB
W°WW Wrbh Ne 80Nb Urs Pl WtlPe�tratl and wlM WNaM 1§i®olsatl loth adieana
reber (aw hre umerin en Fsd Um afdd 5m 61rea1 umabe Iq rna Wenm
eoMMeN corner mea d Perez bxlantl nme ako Mey me menet rmnhuaN mmxafsa,e LotR
alsWrne Pl1125W. bMe PkmafBe9Fwng.and mnWNrg O�9 sus Of bet.
Mannge retlmtl Mre n ere Mntl Upw Bra IWIM1IMmnb PerezlmN MInB PSN -W4&
mbmat end Fbm l�ks'eepd ena r�resWemanamzrarve o.bmat
ww xteammnpwed Mev fn m3a vma�ar me ema�a�naamerrm
Am 0—
me unaardamd. IFa 04 —ll. U,.—, Tewa. Mmq mmnesmeLlM mrepeuq•Pmr
Cq rcCwraaWMrn leelaNan�manantliFereacupk0 uld'PUC.aMndO x019, and wd
ryComrJ mNterewwr-
KmtM MaymlO mm ameMarcc Nermf, by N0nln9 FIs mane as M1mNn blow mhmdbm.
aK clerk, clry el Pam, revaa Aare
Approvm. CMknan-mannbgd-kvicemmkNu dab
APMwek
" wyer 'diii alPana.Ye�as"" """ cob
FINAL PLAT
0rYRasandDdBPcm
Pans/Lamar C—y
Hk—fol HmrmxiLy
P.O.9oa1555 LOT 1, BLOCK A.
Paris, Texas 73461
(903)78317599
Item No. 15
TO: Mayor
Mayor Pro Tem
City Council
FROM: Celso Arrieta, IT Manager
SUBJECT: Agreement with SpearTip's ShadowSpear Platform
DATE: November 13, 2023
BACKGROUND: When the City of Paris experienced a cyber -attack in 2021, Texas Municipal
League recommended SpearTip's ShadowSpear Platform to provide cybersecurity. In the fall of
2022, the City entered into a one-year agreement with this organization, which concludes
November 2023.
STATUS OF ISSUE: SpearTip's ShadowSpear Platform is an unparalleled resource that protects
against cyber threats and attacks impacting our network. The SaaS (Software as a Service)
architecture Platform optimizes visibility without intensive and overbearing resource
requirements.
With the one-year agreement ending in November of 2023, the City has the option of auto -
renewing for one year at the price of $2,700 per month, entering into a two-year agreement for
$2,500 per month, or a three-year agreement for $2,375 per month.
This service is working very well and is providing the appropriate added protection as expected
and staff has no expectation to seek a different vendor for the same or similar service.
The specifics for the one, two and three-year agreement are outlined in the following table:
1 year _
$
_._.
2,700.00
—......A
$
32,400.00
,, ,.
$ -
_........
2 year
$
2,500.00
$
30,000 00
$ 2,400 00
3 year
$
2,375.00
$
28,500.00
$ 3,900.00
BUDGET: As noted in the table above, depending on the time length attached to the
agreement, this item will have an annual cost of $32,400 for a one-year contract, $30,000 for a
two-year contract, or $28,500 for a three-year contract. This is a budgeted expense.
RECOMMENDATION: Staff recommends Council approves the 3 -year agreement with
Shadow Spear and authorize the City Manager to sign the appropriate documents.
i iiia i , 111111 111111
1714 Deer Tracks Trail Ste. 130
Saint Louis, MO 63131
800-236-6550
accounting@speartip.com
�PV4 11:� �ID
Lr`
A, 'r� T I � 11,
CYBER COUNTERINTELLIGENCE
ShadowSpear SOW Prepared o
City of Paris Texas
Celso Arrieta - IT Manager
135 St. 1 st
Paris, Texas 75460
(903) 782-6969
Carrietta@paristexas.gov
This Statement Of Work ("SOW') is governed by the terms and conditions of the Master Services
Agreement ("Agreement") entered into between the parties effective 2023-11-06
C! 24 -Month ShadowSpear SOC -as -a-
$10,00
250
$2,500.00
Service
« 24/7/365 SeCLUity Operations Center
Support
« Managed Detection and Response
(IE DR, STEM, Next. -Gen AV)
« Uoud Monitoring - 0365, GoogUe
Suite, SaNesforce
« Log Storage •- 7 Days Hot, 30 Days
Cold
« Dark Welb Monitoring
« MordWy Reporting •-'T'eclhnica! and
i
Executive
« Quarterly lBusiness Reviews
« 3 vCIISO hour; monthly
« T'errm-12.7.23-12.5,25
-� ___ p
36 -Month Shadows ear SOC -as -a-
$9.50
50
�
$2,375.00
Service
« 24/71365 Security Operations Center
Support
« Managed Detection and IResponse
�
(EDR, Si IVI, Next -Gen AV)
® Cloud Monitoring - 0365, Google
Suite, Salesforce
i
« dog Storage ..- 7 Days Hot, 30 Days
J
Cold
« IDark Web IMonitoring
« Monthly Reporting - T'echnicae and
Executive
« Quarterly Business Review
« 3 vCiSO hours irmonthly
« T'enrm-12.7.2312.7.26
Monthly
Total $0.00
Name: Accepted By:
-------------
Title:
Company:
Date
Please Complete This Accounts Payable Form For SpearTip's Accounting Department
Statement of Risk
During the course of the engagement, there may be several procedural points that the City of Paris Texas must be
aware of, including:
1. During the course of the engagement, there may be findings and recommendations documented and relayed
to City of Paris Texas. Due to the pervasiveness of zero -day malware and the inability to create a guaranteed and
impenetrable protective barrier, SpearTip, L.L.C. cannot be held liable for an intrusion or breach within City of Paris
Texas's environment. The nature of all SpearTip, L.L.C. findings and recommendations may or may not have a
direct or immediate impact on City of Paris Texas; therefore, SpearTip, L.L.C. cannot be held liable for any action
related to findings or recommendations identified during the course of this engagement.
2. SpearTip, L.L.C. follows industry best practice and, based on significant experience, makes every effort to
reduce the chance of service disruption while conducting security activity. As a result of the security activity and
depending on several factors, including the age of the equipment or outdated software, the possibility exists that
service disruptions could occur. If detectable and the activity appears or is reported to be causing a real or
suspected disruption to City of Paris Texas's activities, operations, or production systems, SpearTip, L.L.C. will
immediately halt the activity and notify City of Paris Texas. Due to the critical nature of this scope of work, it is
imperative that City of Paris Texas understands and accepts the associated risks.
3. SpearTip's ability to monitor City of Paris Texas's environment depends in large part on software sensors.
During this engagement, City of Paris Texas will be responsible for installing software sensors and resolving sensor
health issues. SpearTip will report any detectable sensor health issues to City of Paris Texas within the Monthly
Report. Further, SpearTip has low visibility on devices that do not have a sensor installed. No City of Paris Texas
node, host, or endpoint should be left out of the deployment. Doing so could create a "blind spot" within City of
Paris Texas's network and prevent SpearTip from effectively detecting and responding to malicious activity.
SpearTip is not responsible for devices or software not monitored by a software sensor deployed within the
environment.
Affirmation of Understanding
City of Paris Texas understands that SpearTip has agreed not to divulge any information regarding the details of the
engagement or evidence collected to any third party not covered by a Partner Non -Disclosure Agreement without
the explicit written authorization of the designated primary contact and authorizing agent or chief officer of the
Partner's organization.
SpearTip agrees to provide full and complete disclosure of all information gathered during the course of the
engagement, including copies of raw data, and will keep the organization informed of all activities, operations, and
proceedings of the engagement. City of Paris Texas agrees to provide open avenues for communication and timely
response to communications during the engagement.
City of Paris Texas grants SpearTip permission to perform research, make recommendations, follow the course of
action within the scope of work. City of Paris Texas understands and agrees to the Statement of Risk and Project
Terms as contained in this document.
The below parties have reviewed the attached document (including the incorporated terms and conditions) and
agree to the stated scope and price of work and associated terms and assumptions.
Name: Initials:
General Terms
Project Initiation: Upon execution of this SOW.
Period of Performance: 12 -Months, 24 -Months, or 36 -Months
Project Terms:
(1) Initial payment (first month) will be invoiced upon execution of this SOW. All following monthly payments will be
invoiced on the first business day of each subsequent month (Payment is due upon receipt. Please accept a 3%
charge for all credit card payments (except where prohibited by law).
(2) This SOW will automatically renew for an additional 12,24, or 36 Months at the conclusion of the project term.
Should City of Paris Texas wish not to renew the SOW, SpearTip will require written documentation detailing this
request at least 30 days in advance. On each renewal pricing will increase by up to 10% for a 36 -month SOW, up to
15% for a 24 -month SOW, or up to 25% for a 12 month SOW.
(3) The hours allotted within this engagement may be used throughout a given month at the discretion of SpearTip
engineers or based on a request from the Partner but will expire on the last day of each month. In the event a
partner exceeds the allotted hours, SpearTip will notify the Partner of the overage and solicit approval.
(4) This engagement is not designed for and will not cover the scope of responding to a "full-blown" Incident
Response investigation. Rather, the goal of the ShadowSpear@ Protection Services is to detect and identify active
malware threats. Should a network breach or other cyber -related incident occur at any point during the duration of
this engagement, which meets the following two conditions City of Paris Texas wishes to have SpearTip investigate
the issue at hand, and SpearTip estimates the investigation, in its entirety, will exceed available monthly hours.
SpearTip will require a separate engagement/proposal/statement of work to be approved by the Partner with the
scope, objectives, and hourly rates defined. The above circumstances will not affect the terms of this SOW.
(5) This engagement provides several options to the Partner. The Partner should carefully consider the option
selected. The engagement is designed to address specific cybersecurity threats and may not include monitoring of
all the Partner's I.T. systems. SpearTip is not responsible for systems or cybersecurity threats that fall outside the
scope of this engagement.
(6) In the event the scope of this engagement is exceeded by a margin greater than 5% of the total specified
scope, SpearTip will notify the Partner of the overage and the increase will be included on any remaining invoices.
(7) SpearTip will maintain all updates and patches on the technology installed by SpearTip on an ongoing basis
throughout this engagement. City of Paris Texas is responsible for assisting SpearTip in the deployment of security
technology and ensuring all scoped City of Paris Texas assets are covered by the security technology deployment.
Certain data collection depends on third parties, for example, office 365 audit logs. SpearTip is unable to control the
timing and delivery of these logs and is not responsible for delays due to third parry data delivery.
(8) SpearTip may need to conduct investigations and validation within City of Paris Texas's I.T. environment during
this engagement. City of Paris Texas is responsible for providing SpearTip administrative access to City of Paris
Texas's environment. City of Paris Texas's I.T. support may be required at various points during the engagement.
SpearTip is not responsible for consequences resulting from City of Paris Texas's I.T. actions or failure to
collaborate with SpearTip.
(9) Service Suspension, a delay or interruption of SpearTip's services at City of Paris Texas request, may
temporarily impair City of Paris Texas's network security and ability to respond to a security incident. Additionally,
Service Suspension requested by City of Paris Texas may require SpearTip to remove installed technologies.
SpearTip is not responsible for consequences stemming from a partner's requested service suspension.
(10) Failure to follow SpearTip's guidance during an investigation could result in the destruction of vital forensic
artifacts necessary to investigate an incident. SpearTip is not responsible should the Partner fail to take guidance
and advice from SpearTip personnel.
(11) During onboarding, SpearTip will require a single P.O.C. (Point of Contact) within the environment to serve as
the primary point of communication from SpearTip to the Partner. This can be changed via written request to
SpearTip via the Dashboard. In addition, SpearTip will require an approved contact list from the Partner. Only
individuals from the Partner identified on the approved contact list will be allowed to interact with SpearTip. The
P.O.C. is responsible for all changes to the approved contact list.
(12) T&E invoiced separately as incurred (for work required outside of the Metro St. Louis area). SpearTip will bill
the client for one-way travel at a rate of %2 per hour, the normal rate.
(13) Should City of Paris Texas fail to pay invoices within a 60 day timeframe or City of Paris Texas fails to fulfill
contractual obligations, SpearTip reserves the right to terminate services outlined in the Statement of Work.
Service Level Agreement
SpearTip will extend to the Partner the following Service Level Agreement (S. L.A.) terms and conditions. The
intention of the S.L.A. is to provide service levels commensurate to the reasonable expectations of the Partner and
to provide a reasonable remedy to the Partner if the S.L.A. is breached. The S.L.A.'s are not intended to cover
extraordinary or unreasonable circumstances. S.L.A. breaches and credits will be determined solely by SpearTip,
L.L.C. within its reasonable commercial judgment.
Responsibilities of the Partner
During the course of the engagement, SpearTip will require earnest and responsive coordination and
communication with the Partner. A breach of an S.L.A. caused by the actions or inaction of a partner will not be
eligible for remedies. The Partner is responsible for being aware of established communication procedures and any
changes that may occur to the procedures throughout the course of an engagement.
Service Fee Remedy
In the event of an S.L.A. breach, a service fee credit will be issued to the Partner. This credit will be applied against
the Partner's fee for current or future services. The credit is nonrefundable and will appear on an invoice statement
to the Partner. The service fee credit will expire within 12 months of issuance. The credit can be used for any
SpearTip engagements. A service fee credit is calculated based on the total value of the signed engagement.
Third -Party Service Level Agreements
SpearTip, L.L.C. leverages Third -Parties Service Providers for the purposes of providing Protection Services
described within this engagement. All Third -Party Service Level Agreements and applicable remedies will be
provided as a pass-through by SpearTip, L.L.C. to the Partner upon request, as permitted by such third -party
service level agreements, in the form of a credit against the Partner's fee for current or future services.
Time to Identify, Investigate, and Resolve
If SpearTip, L.L.C. determines in its reasonable commercial judgment that a failure to meet one of the following
S.L.A. metrics has occurred caused solely by events, circumstances, and responsibilities within SpearTip, L.L.C.'s
control, the S.L.A. breach will be used to calculate breach severity for the remedies provided below:
• Identify — Low —1 Hours, Medium — 30 Minutes, High — 15 minutes, Critical — 5 Minutes
• Notify — Medium — 4 Hours, High —1 Hour, Critical — 30 Minutes
• Resolve - Low —16h, Medium — 8h, High — 2h, Critical —1 h
S.L.A. — Remedies
• Breached — 5% of Service Fee Credit
• A breached severity occurs when an S.L.A. is exceeded by 20% or less
• Significant Breach — 10% of Service Fee Credit
• A significant breach occurs when an S.L.A. is exceeded by 20 — 50%
• Excessive Breach — 15% of Service Fee Credit
• An excessive breach occurs when an S. L.A. is exceeded by 51 % or more
ShadowSpear Platform Availability S.L.A.
If SpearTip, L.L.C. determines in its reasonable commercial judgment that a Partner's services are unavailable due
to an outage caused solely by infrastructure, equipment, and virtual components owned and operated by SpearTip,
L.L.C., the outage will be used to calculate Service Unavailability or Service Degradation for the remedies provided
below.
• Infrastructure, Networking Equipment, and Virtual Components - 99.9% S.L.A.
• If a Partner experiences a Service Unviability due to failure of Infrastructure, Networking Equipment,
And Virtual Components, SpearTip, L.L.C. will credit the Partner with 5% service fee credit after the
initial minutes of Service Unavailability allowable by the S.L.A. within a given month.
• No credit will be issued during a Service Degradation of Infrastructure, Networking Equipment, and
Virtual Components.
Credit Limitations
The credits provided will not exceed twenty percent (20%) of the Customer's monthly base in any billing
period. To receive credits, the Partner must open a credit request through the Dashboard within five (5)
calendar days of the applicable incident. The Partner will not receive credits for unaffected Services.
Definitions
• Service Unavailability — the number of minutes that SpearTip Managed Detection and Response
Infrastructure, Equipment, Or Virtual Components are affected by a total outage, and the service
solution is unable to render objectives described in the Statement of Work.
• Example: The Security Operations Center has lost power and internet connectivity, and
backup systems have failed to engage. The Security Operations Center is unable to monitor
Partner networks or respond to security events.
• Service Degradation — the number of minutes that SpearTip Managed Detection and Response
infrastructure, Equipment, or Virtual Components are affected by the partial outage, but the service
solution is still able to render objectives described in the Statement of Work.
• Example: A Partner dashboard is temporarily unavailable due to a configuration issue. The
Security Operations Center is unaffected by the configuration issue.
• Infrastructure - power systems and physical servers owned and operated by SpearTip, L.L.C.
• Networking equipment - switching, routing, and firewall devices owned and operated by SpearTip,
L.L.C. that provide connectivity to the local network (LAN) and internet (WAN).
• Virtual Components - private cloud infrastructure hosted on SpearTip, L.L.C. infrastructure.
• Security Event - an event involving intentional malicious activity occurring inside a Partner network or
on a Partner endpoint.
MSA 2021
This Master Services Agreement (the "Agreement') is made and entered into as of November 6, 2023 (the
"Effective Date"), by and between City of Paris Texas, a corporation formed in the state of Texas, with its
principal offices at 135 St.1 st, Paris, TX 75460, and its subsidiaries ("Client') and SpearTip, LLC
("SpearTip"), a Missouri limited liability company with its principal offices at 1714 Deer Tracks Trail Suite
150, Saint Louis, MO 63131-1847.
1. SERVICES
SpearTip agrees to provide all services necessary to perform the work ("Services") as described in a
statement of work or proposal (the "SOW/Proposal") as may be entered into between the parties from
time to time for the compensation set forth therein. Each SOW/Proposal will incorporate the terms and
conditions of this Agreement by reference and together will constitute the entire Agreement between the
parties.
2. INDEPENDENT CONTRACTOR
Each party, in all matters relating to this Agreement, will act as an independent contractor. Neither party
will have authority nor will either party represent that it has any authority to assume or create any
obligation, express or implied, on behalf of the other, or to represent the other as an agent, employee or
in any other capacity. Neither execution nor performance of this Agreement will be construed to have
established any agency, joint venture or partnership. Neither party will make any warranties or
representations on behalf of the other party.
3. COMPENSATION
3.1 Professional Service Fees. Client agrees to pay SpearTip the rates set forth in each
SOW/Proposal for the Services described therein.
3.2 Expenses. Client will pay SpearTip travel and expenses reasonably incurred in performing its
obligations under the Agreement, including meals, rental car, travel, lodging, miscellaneous incidental
expenses, and expenses for any non -routine supplies and equipment expressly called for in a
SOW/Proposal or approved by Client. In each applicable SOW/Proposal, Client and SpearTip will make
reasonable expense plans covering the pre -approval of travel related expenses generally for that
SOW/Proposal, including use of Client to book lodging or airline flights.
3.3 Invoices. SpearTip will submit invoices to the individual at the Client address designated in the
SOW/Proposal or electronically via instructions provided by Client. Sales taxes, if any, imposed on the
Services, will be itemized on the invoice and shall be paid to SpearTip. Unless the SOW/Proposal
provides otherwise, upon a fully executed SOW/Proposal, SpearTip will invoice Client for the first and
MSA 2021
last two months of the term of the Agreement. Thereafter, Client will be invoiced as set forth in the
SOW/Proposal. All other expenses and non -service deliverables will be submitted to Client every two
weeks. All invoices are due and payable upon receipt.
3.4 Payment Terms. Client will pay fees, charges, and expenses to SpearTip in United States Dollars,
by wire transfer of funds to an account designated by SpearTip or by check sent to SpearTip at an
address to be designated by SpearTip. If there are any good faith disputes related to an invoice, Client
will immediately pay the undisputed portion of the invoice and notify SpearTip in writing of Client's basis
for withholding payment of the disputed amount. Disputes with respect to invoiced amounts will be
deemed waived if not raised in writing. Upon receipt of Client's dispute notice, SpearTip and Client will
work together in good faith to resolve such dispute in a prompt and mutually acceptable manner. If the
dispute is not resolved within 30 days after receipt of Client's dispute notice, the parties will resolve the
issue pursuant to the provisions of Section 15. Client will pay any disputed amounts within five calendar
days after applicable disputed matters have been resolved.
3.5 Late Payment Interest; Convenience Fee. If Client does not pay an invoice within 20 calendar
days after receipt, SpearTip may add an interest charge of one and one-half percent (1-1/2%) per month,
or the maximum rate allowed by law if less; this interest will begin to accrue on the 21th day after Client's
receipt of SpearTip's invoice and will accumulate on the outstanding balance on a daily basis until paid in
full. Payments of invoices made by credit card will incur a convenience fee of 2.5% of the invoice
amount, or the amount charged to SpearTip for processing; whichever is less.
4. CLIENT RESPONSIBILITIES
4.1 Client Personnel, Facilities and Resources. Client will provide SpearTip with timely access to
appropriate Client personnel and will arrange for SpearTip personnel to have suitable and safe access to
Client's facilities and systems. Client will also provide suitable office space and associated resources for
SpearTip personnel working on-site, including all necessary computing and office support resources, and
will undertake any other responsibilities described in the applicable SOW/Proposal.
4.2 Approvals and Information. Client will respond promptly to any SpearTip request to provide
information, approvals, or authorizations that are reasonably necessary for SpearTip to perform the
Services in accordance with the requirements of the SOW/Proposal. In addition, SpearTip may request
instructions, directions or decisions from Client. SpearTip will document the requests and may present a
default instruction, direction or decision. If the SOW/Proposal does not specify a period for Client's
response, the time period will be seven (7) calendar days. If Client does not respond within the specified
time period, SpearTip will be entitled to proceed on the basis of the default instruction, direction or
decision, or in its reasonable discretion.
4.3 Sensor Issues. Client is responsible for resolving all sensor health issues. SpearTip may identify
any sensor health issues to Client as part of its Deliverables. Client is responsible for investigating
sensor issues including the deployment of appropriate sensors on all nodes, hosts or endpoints.
SpearTip is not responsible for detecting and responding to malicious threats as result of blind spots in
Client's network from the failure Client's failure to install appropriate sensors.
5. SPEARTIP RESPONSIBILITIES
MSA 2021
SpearTip's specific responsibilities in performing the Services including any service level agreements will be
set out in the applicable SOW/Proposal. SpearTip's employees, consultants and agents will use reasonable
business practices while performing the Services and will, as much as possible given the nature of the
Services, observe the working hours, working rules, and policies of Client while working on Client's
premises, including but not limited to compliance with Client's technology security handbook or Client's
information technology policies.
6. CHANGE ORDERS
6.1 Changes to Statements of Work. Either party may propose changes to the scope, nature or time
schedule of the Services being performed under an applicable SOW/Proposal. Requests for changes
will be submitted to the other party in writing for consideration of feasibility and likely effect on the cost
and schedule for performance of Services. The parties will mutually agree to any proposed changes,
including resulting equitable adjustments to costs and schedules for the performance of Services.
Proposed changes will be affected through written amendments to the affected SOW/Proposal, signed
by both parties (referred to as "Change Orders"). SpearTip may proceed with performing changed work
following receipt of an oral instruction to proceed by Client's Project Manager, as designated in the
SOW/Proposal, or another authorized representative provided that SpearTip sends a written confirmation
of such instruction to the Client Project Manager.
6.2 Effect on Prices. Amounts payable pursuant to Change Orders will be in addition to any
compensation or expenses specified in the SOW/Proposal. If a Change Order will have the effect of
delaying the expected completion date of any milestones under a SOW/Proposal, the amounts payable
under the Change Order will include a reasonable carrying charge reflecting SpearTip's cost of funds for
the rescheduled milestone(s).
7. ACCEPTANCE
As part of the Services, SpearTip will provide Client with the Deliverables identified in the SOW/Proposal.
SpearTip's conformity to the specifications and service levels set forth in the SOW/Proposal will solely
determine Client's right to reject the Deliverables. Client shall report any deficiencies in the Deliverables in
writing within ten (10) days of receipt specifying in detail the deficiencies. If Client does not report any
deficiencies within the ten (10) day period, the Deliverables will be deemed accepted. SpearTip will correct
the deficiencies within a reasonable time period. Client acknowledges that SpearTip's ability to correct any
defects in the Deliverables is dependent upon and may be delayed due to third -party vendors or licensors.
8. NOT AN EXCLUSIVE AGREEMENT
It is expressly understood and agreed that this Agreement does not grant to SpearTip any exclusive rights
to do business with Client and that Client may contract with other suppliers for the procurement of
comparable services. Client makes no guarantee or commitment for any minimum or maximum amount of
Services to be purchased under this Agreement. Nothing in this Agreement will prevent SpearTip from
marketing, developing, using and performing services or delivering products similar to or competitive with
the Services furnished under the Agreement.
MSA 2021
9. PROPRIETARY RIGHTS
9.1 Work Product. Except for SpearTip Pre -Existing IP (as defined below), any material or data
generated, designed or developed while performing the Services, including any intellectual property
rights and the intellectual property rights therein (collectively the "Work Product") and all rights, title and
interest in and to the Work Product shall belong to Client. SpearTip assigns all intellectual property rights
in the Work Product to Client.
9.2 Preexisting SpearTip Materials. SpearTip retains all right, title and interest in and to SpearTip
Pre -Existing IP. "SpearTip Pre -Existing IP" shall mean all pre-existing information, data, software, tools
and other materials developed by or for SpearTip prior to commencement of the Services or developed
by or for SpearTip independently outside the scope of the Services. All improvements, add-ons or
modifications to SpearTip Pre -Existing IP shall be the exclusive property of SpearTip. SpearTip grants to
Client a perpetual, paid-up, non-exclusive, non -transferable license to use the SpearTip Pre -Existing IP
for Client's internal business purposes, any SpearTip Pre -Existing IP which are incorporated in a
Deliverable or necessary for Client to use as a Deliverable.
9.3 Reservation of Rights. Neither party will be prevented from using ideas, concepts, expressions,
techniques, know-how, skills and experience possessed by it prior to, or developed or learned by it in the
course of, performance of its obligations under the Agreement.
10. CONFIDENTIALITY/NONDISCLOSURE
10.1 Confidential Information, Standard of Care. In the performance of or otherwise in connection
with this Agreement, one party ("Disclosing Party") may disclose to the other party ("Recipient") certain
Confidential Information of the Disclosing Party. "Confidential Information" will mean any information,
technical data, or know-how (including, but not limited to, information relating to research, products,
software, services, development, inventions, processes, engineering, marketing, techniques, clients,
customers, insureds, policyholders, claimants, Client's sales agents, pricing, internal procedures,
business and marketing plans or strategies, finances, employees and business opportunities) disclosed
by the Disclosing Party to Recipient either directly or indirectly in any form whatsoever (including, but not
limited to, in writing, in machine readable or other tangible form, orally or visually): (i) that has been
marked as confidential; (ii) whose confidential nature has been made known by Disclosing Party, orally
or in writing, to Recipient; or (iii) that due to its character and nature, a reasonable person under like
circumstances would treat as confidential. The Recipient will treat such Confidential Information as
confidential and proprietary to the Disclosing Party and Recipient will not be deemed by virtue of the
Agreement or any access to the Disclosing Party's Confidential Information to have acquired any right or
interest in or to any such Confidential Information. During the Term of this Agreement and for a period of
two (2) years thereafter Recipient will: (a) use the Confidential Information of the Disclosing Party solely
for the purposes set forth in this Agreement; (b) take suitable precautions and measures to maintain the
confidentiality of the Confidential Information of the Disclosing Party; (c) afford Disclosing Party's
Confidential Information at least the same level of protection against unauthorized disclosure or use as
Recipient normally uses to protect its own information of a similar character, but in no event less than
reasonable care; (d) not disclose or otherwise furnish the Confidential Information of the Disclosing Party
to any third party other than employees or independent contractors of the Recipient who have a need to
MSA 2021
know the Confidential Information to perform its obligations under this Agreement, provided such
employees or independent contractors are obligated to maintain the confidentiality of the Confidential
Information; and (e) to notify the furnishing party promptly of any unauthorized use or disclosure of
Disclosing Party's Confidential Information and cooperate with and assist Disclosing Party in every
reasonable way to stop or minimize such unauthorized use or disclosure at receiving party's cost.
10.2 Exclusions, Relief. The obligations under this section will not apply to any: (a) approved use or
approved disclosure of any information pursuant to the exercise of the Disclosing Party's rights under
this Agreement; (b) information that is now or hereafter becomes generally known or available to the
public other than through a violation of this Agreement; (c) information that is obtained by the Recipient
from a third party (other than in connection with this Agreement) who was not under any obligation of
secrecy or confidentiality with respect to such information; (d) information that is independently
developed by the Recipient without reference to any Confidential Information; and (e) any disclosure
made with the explicit consent of the Disclosing Party. Any disclosure required by a validly issued
administrative or judicial process or subpoena will not violate this section, provided that the Recipient
uses reasonable efforts to give advance notice to and cooperate with the Disclosing Party in connection
with any such disclosure and, provided further, the Recipient limits such disclosure to only that
information that is required to be disclosed. In the event a court determines that the Recipient has
breached, attempted or threatened to breach, any of its confidentiality obligations to the Disclosing Party
or the Disclosing Party's proprietary rights, the parties agree that the Disclosing Party will be entitled to
obtain appropriate injunctive relief and other measures restraining further, attempted or threatened
breaches of such obligations.
10.3 Return or Destruction of Confidential Information. Upon written request, or in any event, upon
any termination or expiration of the Agreement and any applicable SOW/Proposals, the Recipient will do
one of the following with all copies of any Confidential Information of the Disclosing Party in its
possession or control to which the receiving party does not possess under a valid license: (i) promptly
return all such items to the Disclosing Party; or (ii) destroy all such items and provide written confirmation
of such destruction by a duly authorized officer who supervised the destruction. Provided that SpearTip
may retain one (1) copy of all of its work products (including working papers) produced under the
Agreement for archival purposes for a period not to exceed five years from the date of termination or
expiration of the Agreement.
10.4 Retained Rights. Each party is free to develop products independently without the use of the
other's Confidential Information. Except for limitations set forth in a SOW/Proposal, neither party is
obligated to restrict the future work assignments of a party's employees, contractors or representatives
who have had access to Confidential Information. In addition, except for limitations on the parties set
forth in a SOW/Proposal, the parties and their respective employees, agents and representatives are
free to use the information retained in their unaided memories without reference to or use of a party's
Confidential Information , including ideas, concepts, know-how or techniques, without the duty to account
to the other, so long as such party or their employee, agent or representative does not use and does not
disclose the other party's Confidential Information in violation of this Section 10. Nothing contained
herein shall be construed to grant either party any rights to or under the other party's Confidential
Information, including without limitation any copyrights, trademarks, patents, trade secrets, licenses or
MSA 2021
ability to grant licenses except as may be specifically set forth in a SOW/Proposal. All improvements,
add-ons or modifications to any party's Confidential Information shall remain the exclusive property of the
party who owns or has rights to such Confidential Information.
11. INSURANCE
SpearTip will maintain the following policies of insurance covering all Services furnished by SpearTip to
Client during the Term of this Agreement.
11.1 General Liability (Bodily Injury, Property Damage, Personal and Advertising) insurance, in an
amount not less than One Million Dollars ($1,000,000) per occurrence with an annual aggregate of not
less than Two Million Dollars ($2,000,000);
11.2 Network Security insurance in an amount not less than Five Million Dollars ($5,000,000) per
occurrence.
11.3 Technology Errors and Omissions insurance in an amount not less than Five Million Dollars
($5,000,000) per occurrence.
11.4 Automobile liability insurance (covering hired and non -owned vehicles) in a combined single limit of
not less than One Million Dollars ($1,000,000);
11.5 Excess Liability insurance in an amount not less than Four Million Dollars ($4,000,000) per
occurrence with an annual aggregate of not less than Four Million Dollars ($4,000,000);
11.6 Employee Dishonesty (Theft) in the amount of not less than One Million Dollars ($1,000,000) per
claim;
11.7 Workers Compensation and Employees Liability Insurance as prescribed by law.
Upon request, SpearTip will provide certificates of insurance for the coverages specified above.
12. WARRANTIES AND REMEDIES FOR BREACH OF WARRANTY
12.1 Quality of Services. SpearTip warrants that the Services will be performed in a workmanlike
manner with the same degree of professionalism, skill, and care consistent with industry standards
reasonably applicable to the performance of such Services.
12.2 Place of Correction. SpearTip may perform the investigation and correction services pursuant to
this section at SpearTip's offices to the extent possible. If Client requires SpearTip to travel to Client's
place of business, Client will reimburse SpearTip for the reasonable travel time and expenses of
SpearTip's personnel. If a reported breach of warranty is attributable to a cause other than the SpearTip
Services, then SpearTip will be entitled to payment for its investigation and correction efforts on a time
and materials basis at the rates applicable to the SOW/Proposal.
12.3 Compliance with Laws; Background Checks. In performing the Services, SpearTip shall comply
with all federal, state and local laws and regulations. SpearTip represents and warrants that all of its
employees and contractors that perform any type of Service for Client, or has access to Client's
Confidential Information, have undergone a comprehensive criminal history records check and passed
same without exception and with satisfactory results
12.4 Exclusions.
12.4.1 SpearTip shall have no liability pertaining to any software or hardware deficiencies and Client's
remedy for such deficiencies shall be solely against the software vendor or hardware manufacturer.
12.4.2 e a,Tip does not warrant that the operation of hardware,equipment,or of any
other software will be uninterrupted or r Client acknowledges that one is responsibleo
results of using the software, hardware and equipment used in its business operations, including without
limitation the completeness, accuracya.nd content of such rnacknowledges that
responsible for dn verification d testing o, any such results prior
12.4.3 During the course of providing the Services, SpearTip may provide findings and
recommendations toi a is notM viruses, worms and/or
othero, eenvironment.a^ p makes no warranty of a guaranteed protective
barrier. SpearTip disclaims all liability for any of its findings or recommendations it makes to Client
during the term (and any renewal term) of this Agreement.
12.5 Disclaimer. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT,
AND ANY L WARRANTIES ARISING COURSE A" ,.
PERFORMANCE •, a D ;
13.1 SpearTip. If Client's
shareholders,
or subsidiaries (the "Customer Indemnitees")subject to third party legal claims ,an . ;
^'.�
w+say � ��� ,��, � �� �, � ��►a��;' i• ', ^�� �' � ��` t�
n ,
MSA 2021
failure to use any new or corrected versions of the item made available by SpearTip; (d) SpearTip's
adherence to Client's specifications or instructions; or (e) any third party software, e.g., software licensed
by Oracle Corporation or hardware. Other than for the remedies for alleged infringement, SpearTip's
indemnification obligations hereunder shall be subject to the limits of its insurance policies specified in
Section 11 above.
13.2 Client. Without limiting SpearTip's liability to Client for non-performance under the Agreement,
each of the parties acknowledges and agrees that by entering into and performing its obligations under
the Agreement, SpearTip will not assume and should not be exposed to the business and operational
risks associated with Client's business. Therefore, except for claims covered by Section 13.1, Client
will, at its own expense, indemnify, settle or defend SpearTip in all claims or actions by third parties
arising out of or relating to the conduct of Client's business, including without limitation, the acquisition or
use by Client of any Deliverable or Services to be provided by SpearTip under the Agreement, any
claims for infringement or misappropriation of a third -party's intellectual property rights attributable to
Client's products and/or services and rights to third party products provided by Client to SpearTip for use
in the Services and claim of personal injury or property damage caused or alleged to be caused by Client
or Client's employees; and Client will pay all settlements, costs, damages and legal fees and expenses
finally awarded provided that SpearTip promptly notifies Client in writing of the proceeding, provides
Client a copy of all information received by SpearTip with respect to the proceeding, cooperates with
Client in defending or settling the proceeding, and allows Client to control the defense and settlement of
the proceeding, including the selection of attorneys. SpearTip may, at its option, observe the proceeding
and confer with Client at its own expense. If, because of Client's negligence, SpearTip or SpearTip's
employees, subcontractors, or agents suffer personal injury or damage to tangible property, Client will
reimburse SpearTip for that portion of any claims SpearTip pays for which Client is legally liable, plus any
reasonable legal fees and court costs incurred by SpearTip.
14. TERM AND TERMINATION
14.1 Term. This Agreement will be for a period of three (3) years ("Term") commencing on the Effective
Date. This Agreement will automatically be renewed for successive three-year periods, unless a party
provides the other with written notice at least 45 calendar days prior to its next scheduled expiration
stating that it does not wish for this Agreement to be renewed. If this Agreement expires, its terms and
conditions will continue to apply to any SOW/Proposal then in effect until the SOW/Proposal expires or
terminates.
14.2 Termination of a Statement of Work/Proposal for Convenience. Either party may terminate any
outstanding SOW/Proposal, or any portion of a SOW/Proposal, for convenience upon at least 60
calendar days' prior written notice to the other party. Upon receipt of such notice, SpearTip will take
steps to wind down work in progress in an orderly fashion during the notice period. At the end of the
notice period and upon payment by Client as outlined below, SpearTip will deliver to Client whatever
Deliverables, completed or in -progress, that then exist.
14.3 Termination of a Statement of Work for Cause. If either party believes that the other party has
failed to perform an obligation a party is obliged to perform under a SOW/Proposal that is so
fundamental that the failure to perform the obligation defeats the essential purpose of the SOW/Proposal
MSA 2021
(a "Breach"), then that party may provide written notice directed to the breaching party's Project Manager
for the applicable SOW/Proposal describing the alleged Breach in reasonable detail. If the breaching
party does not, within 30 calendar days (15 days for payment defaults) after receiving such written
notice, either cure the Breach or develop a plan to cure the Breach (if the Breach is not one that can
reasonably be cured within 30 calendar days) and diligently proceed according to the plan until the
Breach has been cured, then the breaching party may terminate the affected SOW/Proposal, in whole or
in part, for cause by written notice to the applicable Project Manager of the breaching party. Prior to
termination of a SOW/Proposal for cause, the party receiving the initial notice under the preceding
sentence will be afforded an opportunity to meet with a senior management representative of the
breaching party to explain its position. The termination of any particular SOW/Proposal will not affect the
parties' respective rights, duties and obligations under any other SOW/Proposal then in effect.
14.4 Termination Due to Insolvency. Either party may terminate this Agreement or an SOW/Proposal
immediately if the other party (a) becomes or is declared insolvent or bankrupt; (b) is the subject of any
proceeding relating to its liquidation or insolvency; (c) makes an assignment for the benefit of its
creditors; or (d) enters into an agreement for the composition, extension or readjustment of all or
substantially all of its assets.
14.5 Payment upon Termination. SpearTip will be paid for all Services performed through the effective
date of termination, plus associated expenses and termination costs as follows:
14.5.1 SpearTip will be paid all fees for Services actually performed through the effective date of
termination;
14.5.2 SpearTip will be paid for expenses incurred through the effective date of termination, plus costs
and expenses reasonably incurred by SpearTip to terminate its performance of the Services earlier than
anticipated, including without limitation costs to relocate any SpearTip personnel from Client's site, and
costs to terminate any special contracts or leases entered into for the purpose of performing the
terminated Services. SpearTip will use commercially reasonable efforts to minimize Client's termination
costs under this section; and,
14.5.3 If Client terminates this Agreement for Convenience, in addition to the amount Client owes
SpearTip pursuant to Sections 14.5.1 and 14.5.2, Client will owe SpearTip early termination fees as
follows:
(i) If the SOW/Proposal is terminated during the first year of the term or any renewal, term, fifty
percent (50%) of the total fees that would have been earned during the balance of the term or
renewal term;
(ii) If the SOW/Proposal is terminated during the second year of the term or any renewal term, forty
percent (40%) of the total fees that would have been earned during the balance of the term or
renewal term;
(iii) If the SOW/Proposal is terminated during the third year of the term or any renewal, term, thirty
percent (30%) of the total fees that would have been earned during the balance of the term or
renewal term.
Any early termination fees will be due on the effective date of termination
15. LAW AND DISPUTES
MSA 2021
15.1 Dispute Resolution. The parties agree to mediate all disputes arising under the Agreement until
either the designated representatives conducting the mediation conclude that resolution through
continued negotiation does not appear likely or thirty (30) calendar days have passed since the initial
request to negotiate the dispute was made; provided, however, that a party may file earlier to avoid the
expiration of any applicable limitations period, to preserve a superior position with respect to other
creditors, or to apply for interim or equitable relief. Such mediation will be conducted by each party
designating a duly authorized officer or other representative to represent the party, with authority to bind
the party, and the parties agree to exchange all non -privileged information with respect to the dispute
that the parties believe to be appropriate and germane.
15.2 Governing Law. The Agreement will be governed by the laws of the State of Missouri, without
regard to conflict of laws principles. In the event the parties are unable to mediate their dispute to a
satisfactory resolution, the parties agree to the exclusive personal and subject matter jurisdiction and
venue of the courts located in St. Louis County, Missouri or the United States District Court for the
Eastern District of Missouri for any claim or action under the Agreement.
15.3 Export Control. Both SpearTip and Client agree to comply fully with all relevant export laws and
regulations of the United States to ensure that no information or technical data provided pursuant to the
Agreement is exported or re-exported directly or indirectly in violation of law.
15.4 Limitation of Actions. No proceeding, regardless of form, arising out of or related to the
Agreement may be brought by either party more than two years after the accrual of the cause of action,
except that proceedings related to violation of a party's proprietary rights or any duty to protect
Confidential Information may be brought at any time within the applicable statute of limitations, and
proceedings for non-payment may be brought up to four years after the date the last payment was due.
15.5 Attorneys' Fees. In the event of any litigation between the parties with respect to this Agreement,
the prevailing party (the party entitled to recover costs of suit, at such time as all appeal rights have
expired or the time for taking such appeals has expired) will be entitled to recover reasonable attorneys'
fees, including fees incurred at the appellate level, in addition to such other relief as a court of competent
jurisdiction may award.
16. LIMITATION OF LIABILITY AND REMEDIES
16.1 Limitations. IF CLIENT SHOULD BECOME ENTITLED TO CLAIM DAMAGES FROM SPEARTIP
(INCLUDING WITHOUT LIMITATION, FOR BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE OR OTHER TORT CLAIM), SPEARTIP WILL BE LIABLE ONLY FOR THE AMOUNT OF
CLIENT'S ACTUAL DIRECT DAMAGES UP TO THE LESSER OF AMOUNT THAT CLIENT PAID
SPEARTIP FOR THE ITEMS OR SERVICES THAT ARE THE SUBJECT OF THE CLAIM OR THE
AMOUNT OF THE FEES PAID TO SPEARTIP DURING THE SIX (6) MONTHS PRECEEDING THE
DATE OF THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS ALSO APPLY TO SPEARTIP'S
SUBCONTRACTORS.
16.2 No Liability for Certain Damages. IN NO EVENT WILL EITHER PARTY OR ANY PERSON OR
ENTITY INVOLVED IN THE CREATION, MANUFACTURE OR DISTRIBUTION OF ANY SOFTWARE,
SERVICES OR OTHER MATERIALS PROVIDED UNDER THE AGREEMENT BE LIABLE FOR: (1)
ANY DAMAGES CAUSED BY THE FAILURE OF THE OTHER PARTY OR THE OTHER PARTY'S
MSA 2021
SUPPLIERS TO PERFORM THEIR RESPONSIBILITIES; (2) ANY CLAIMS OR DEMANDS OF THIRD
PARTIES (OTHER THAN THOSE THIRD PARTY CLAIMS COVERED BY SECTION 13); OR (3) ANY
LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER
CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,
EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER
PARTY WILL BE HELD RESPONSIBLE, OR TO HAVE FAILED TO MEET ITS OBLIGATIONS UNDER
THE AGREEMENT, IF IT EITHER DELAYS PERFORMANCE OR FAILS TO PERFORM AS A RESULT
OF ANY CAUSE BEYOND ITS REASONABLE CONTROL.
16.3 Exclusions from Limitation; Survival. The foregoing limitations do not apply to the payment of
settlements, costs, damages and legal fees under Section 13 (Indemnification) or for breach of
confidentiality under Section 10. The limitations of liability set forth in this Section 16 will survive and
apply notwithstanding the failure of any limited or exclusive remedy, any breach of the Agreement, or any
other reason. The parties agree that the foregoing limitations will not be deemed to limit any liability to
an extent that would not be permitted under applicable law.
17. GENERAL
17.1 Notices. All notices required to be given under this Agreement must be given in writing. Either
party may change its address for notice under this Agreement by giving advance written notice to the
other party as provided herein. Such notices will be deemed to have been given: (a) when delivered in
person; (b) five (5) business days after being sent by certified mail, return receipt requested, postage
pre -paid; (c) when transmitted if sent by facsimile, provided a confirmation of transmission is produced
by the sending machine and a copy of such facsimile is promptly sent by another means specified
herein; or (d) upon delivery by reputable overnight courier, all delivery charges pre -paid, and addressed
as follows:
MSA 2021
In the case of Client: with a copy to the following, which will not
constitute notice:
SpearTip, LLC SpearTip, LLC c/o Zurich
Attn: Joe Hoosech, Vice President Attn: Corporate Law
1714 Deer Tracks Trail Ste. 130 1299 Zurich Way
Saint Louis, MO 63131-1847 Schaumburg, Illinois 60196
jhoosech@speartip.com
17.2 Reasonable Behavior. Each party will act in good faith in the performance of its respective
responsibilities under the Agreement and will not unreasonably delay, condition or withhold the giving of
any consent, decision or approval that is either requested or reasonably required by the other party in
order to perform its responsibilities under the Agreement.
17.3 Assignment. Neither party may assign or otherwise transfer the Agreement or any of the rights
that they grant without the prior written consent of the other party. Any purported assignment in violation
of the preceding sentence will be void and of no effect. The Agreement will be binding upon the parties'
respective successors and permitted assigns.
17.4 Severability. Any term or provision of this Agreement that is invalid or unenforceable in any
jurisdiction will be ineffective only to the extent of such invalidity or unenforceability and only as to such
jurisdiction without rendering invalid or unenforceable the remaining terms and provisions of this
Agreement or affecting the validity or enforceability of any of these terms or provisions in any other
jurisdiction. Additionally, if any provision of the Agreement is declared to be unenforceable, the parties
will substitute an enforceable provision that, to the maximum extent possible in accordance with
applicable law, preserves the original intentions and economic positions of the parties.
17.6 Order of Precedence. In the event of any conflict between or among the provisions contained in
the Agreement, the following order of precedence will govern: (a) this Agreement, exclusive of its
exhibits; (b) exhibits to this Agreement; and (c) a SOW/Proposal (except as to terms specifically
identified in a particular SOW/Proposal as modifying or amending terms of this Agreement, which terms
will control over the Agreement for that SOW/Proposal only).
17.6 Publicity. Both parties agree that neither party will issue any press release or make any other
public statement about the other party, the Agreement or the Services without the other party's prior
written consent. Notwithstanding the preceding, SpearTip may include Client's name on SpearTip's
Client list/website and may describe briefly, and in general terms, the nature of the work performed by
SpearTip for Client.
17.7 No Waiver. No failure or delay by either party in exercising any right, power or remedy will operate
as a waiver of such right, power or remedy, and no waiver will be effective unless it is in writing and
signed by the waiving party. The waiver by either party of a breach or a default of any provision of this
Agreement by the other party will not be construed as a waiver of any succeeding breach of the same or
any other provision.
17.8 oDuring Agreement i) months after laterof the
a.iration or termination,, :*
successors and assigns.
17.11
.,", �" � �., ,� � tom" � ,�,. � �:. ,, +► � ;.. ; "r" .sem ,
Counterparts r Agreement ^" s in multiple
counterparts and a each of deemed o be an original,all of which together
constitutewill r Agreement by electronic or facsimile
transmission be re a r by the parties as if an original had been delivered.
17.12 Entire Agreement and Amendment. This Agreement,
and attachments, constitutes the entire agreement between the parties with respect to the subject matter
hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior agreements with
This Agreement may only be changed by mutual agreement of authorized representatives of the parties
1
ea' by e+ by an authorized principal both parties. EachPa;s, e ;
under this Agreement will incorporate4 will constitute
separate contract between the parties. A SOW/Proposal may amend the terms and conditions of this
Agreement as they apply to that particular SOW/Proposal, but only if the SOW/Proposal expressly
identifies the section(s) that are being amended.
17.13 Force Majeure. SpearTip shall not be liable or deemed to be in default for any delay or
failure in performance of the Services hereto to the extent such delay or failure is caused by fire, flood,
explosion, war, embargo, government requirement, ,
regulatory or legislative intervention or other similar causes beyond its control and anticipation or
foreseeability. In any such event, SpearTip will be excused from the performance of such obligation
affected by such event for so long as such circumstances prevail, provided that SpearTip uses and
continues to use commercially reasonable efforts to utilize alternative resources to recommence and/or
maintain , performance without further delay
MSA 2021
Each party has caused its authorized representative to execute this Agreement as of the Effective Date.
Item No. 19
Memorandum
TO: Mayor, Mayor Pro Tem & City Council
Grayson Path, City Manager
Robert Vine, Deputy City Manager
Doug Harris, Assistant City Manager
FROM: Todd Mittge, P.E., City Engineer
SUBJECT: SUBDIVISION ORDINANCE AMENDMENT FOR PRELIMINARY AND
FINAL PLATTING
DATE: November 13, 2023
BACKGROUND:
In the current Subdivision Ordinance, Exhibit 9A, ten (10) days, prior to the Planning and Zoning
Commission meeting, is provided for review of Preliminary and Final Plats. Additionally, the
current ordinance does not define the means for location, size and approximate depth of existing
utilities, and requires filing of plats with the Director of Public Works. Staff recommends
amending the ordinance to allow more time for review of plat applications, defining the method
for location of existing utilities, and requiring plats to be filed with the City Engineer.
STATUS OF ISSUE:
The current ordinance states, "The preliminary plat of the subdivision of any lot, tract, or parcel of
land shall be filed in the office of the City Engineer of the City of Paris, Texas, at least ten (10)
calendar days prior to the meeting of the Planning Commission at which time it is to be
considered."
The proposed amendment will state, "The preliminary plat of the subdivision of any lot, tract, or
parcel of land shall be filed in the office of the City Engineer of the City of Paris, Texas, not less
than seventeen (17) and not more than twenty-one (2 1) calendar days prior to the meeting of the
Planning Commission at which time it is to be considered."
Staff also recommends changes to subsection 7 and 15 in the Preliminary Platting Section.
The current ordinance states, "(7) The location, size and approximate depth of all existing utilities
shall be shown." and "(15) The commission shall approve or disapprove any preliminary plat
submitted to them within thirty (30) days after said plat is filed with the Director of Public Works."
The proposed amendments will state, "(7) The location and size of all existing utilities shall be
shown. These utilities shall be located by 811 location services. Use of the City of Paris
Geographic Information System Database shall not be permitted to be used for location of existing
utilities on the plat." and "(15) The commission shall approve or disapprove any preliminary plat
submitted to them within thirty (30) days after said plat is filed with the office of the City
Engineer."
BUDGET:
No impact on the budget.
OPTIONS:
1. Authorize amendments to the current Subdivision Ordinance.
2. Request additional information and/or deny authorization to the current Subdivision
Ordinance.
RECOMMENDATION:
1. Authorize amendments to the current Subdivision Ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CITY ORDINANCE NO. 1315, SUBDIVISION REGULATIONS OF
THE CITY OF PARIS, AS HERETOFORE AMENDED, REGARDING
SUBMISSION OF PLATS; PROVIDING A REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, by city Ordinance No. 1315, the City Council of the City of Paris enacted a
Subdivision Ordinance to regulate subdivision and development of land located inside the
corporate City limits and the extraterritorial jurisdiction of the City of Paris, Texas; and,
WHEREAS, in 2023, the Texas Legislature enacted House Bill 3699 which made
several changes to Chapter 212 of the Texas Local Government Code (LGC) amending certain
regulations and requirements for the platting process; and
WHEREAS, LGC Sec. 212.0015 provides express authority for cities to establish
submittal calendars for the use by plat applicants; and
WHEREAS, review of submitted plats requires a significant time commitment by staff
in the Engineering Department and the City Council desires to revise the Subdivision
Ordinance to provide for a greater review period for staff, and
WHEREAS, in order to improve the quality and accuracy of submitted plats, staff has
recommended an amendment to require that developers locate utilities by using 811
location services; and
WHEREAS, at its November 6, 2023, meeting, following notice and publication as
required by law, the Planning and Zoning Commission conducted a public hearing on the
proposed amendments, and, following said hearing made formal recommendation to the City
Council to approve the requested amendments; and
WHEREAS, on November 13, 2023, following notice and publication as required by
law, the City Council of the City of Paris conducted a public hearing on the proposed
amendments, and having considered the recommendations of the Planning and Zoning
Commission and the testimony and evidence introduced at said public hearing, found and
determined that the proposed changes to the City's Subdivision Ordinance, as set out below,
are in the best interest of the public health, safety, and welfare of the citizens of the City of
Paris by a vote of ayes and nays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That City Ordinance No. 1315 (Exhibit 9A to Chapter 9 of the City of Paris
Code of Ordinance) IV, "Preliminary Plat," shall be amended to read as follows, including
amendments to the introductory text and subsections (7), (10), and (15):
IV Preliminary Plat.
The preliminary plat of the subdivision of any lot, tract, or parcel of land shall be filed in the
office of the City Engineer of the City of Paris, Texas, not less than seventeen
(171 and nQtmpr h n twenty one21'calendar days prior to the meeting of the Planning
Commission at which time it is to be considered. The subdivider or owner shall file four (4)
copies of the preliminary plat and each copy shall show or be accompanied by the following
information:
(7) The location and ; size of all existing utilities shall be shown. These utilities shall be
located by 811 location services. Use of the Cit. of Paris Geo ra hic Information S s em
Database shall not, be ,permitted to be used for location of existine utilities on the plat.
(10) The commission shall approve or disapprove any preliminary plat submitted to them
within thirty (30) days after said plat is filed with the office of the City Engineer DiFeeto -
of Public Weks
(15) The commission shall approve or disapprove any preliminary plat submitted to them within
thirty (30) days after said plat is filed with the office of the City Engineer Dir-ee4er- efPu l .
Warps.
Section 3. That City Ordinance No. 1315 (Exhibit 9A to Chapter 9 of the City of Paris
Code of Ordinance) V, "Final Plat," shall be amended to read as follows, including
amendments to the introductory text:
V Final Plat.
The submission to and tentative approval of a preliminary plat by the Commission shall be a
condition precedent to the preparation of a final plat. The final plat shall have all changes and
alterations, if any, shown on the preliminary plat incorporated therein and shall be filed with the
City Engineer at least to (10 not lesswwwthan seventeen ' 17 � and not more than twenty one 21
calendar days prior to the meeting of the Commission at which time it is to be considered.
The plat shall be a reproductable {reproducible} transparent drawing to scale from an accurate
survey on the ground and shall be neat and in all respects proper for filing of record in the office
of the County Clerk of Lamar County. Patching and pasting of paper attachments is not acceptable.
All figures and lettering shall be neat and easily legible. The plat shall show or be accompanied by
the following information:.. .
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section S. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 7. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above -enumerated sections shall constitute and be
deemed a separate offense.
Section 8. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this the 13th day of November, 2023.
Reginald B. Hughes, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item No. 20
Memorandum
TO: Mayor, Mayor Pro Tem & City Council
Grayson Path, City Manager
Robert Vine, Deputy City Manager
Doug Harris, Assistant City Manager
FROM: Todd Mittge, P.E., City Engineer
SUBJECT: AWARD PROPOSAL BID FOR BELFORD BUILDING DEMOLITION
DATE: November 13, 2023
BACKGROUND:
The Belford Building, located at 260 South Main Street, is in a state of dilapidation with portions
having collapsed, and needs to be demolished, it has therefore been deemed a public safety hazard.
The City of Paris has an existing and valid demolition order, from the Buildings and Standards
Commission, against the Belford Building. All appeals of this order were exhausted. In addition,
the 6t" District Court has applied a Judgement Lien for Civil Penalties, which are continuing to
accrue. Through communications with the owner, there have been no known plans by the owner
to act on this issue.
On September 26, 2022, the City Council approved a Professional Service Agreement with Jason
Hart Engineering, PLLC, to design the demolition of the Belford Building, to be followed by open
bidding to select a contractor to perform the work.
On January 9, 2023, the City Council approved Amendment #1 to this Agreement to include
asbestos related services.
On January 23, 2023, the City Council approved Amendments #2 and #3 to this Agreement to
include the South Main Acquisitions, LLC (SMA) building to the immediate north at 230 South
Main Street, as well as an agreement with SMA for the demolition of this building. A series of
discussions and negotiations were held between the City and SMA through August 2023, as a
result, both parties agreed upon allowing the City of Paris to purchase and plan for demolition of
the building from SMA. Per terms of the agreement between the City and SMA, the brick wall on
the north side of the property is to remain in place for historical purposes. The height of this wall
is approximately 8 feet.
STATUS OF ISSUE:
On July 17, 2023, a Request for Proposals was first published in The Paris News to start the bidding
process to demolish the buildings. Six (6) bids were received, these were opened on September
15, 2023 at 3:15 PM. Bids received for the work ranged from $262,588.12 to $1,004,655.00. A
committee of Todd Mittge, City Engineer, and Jason Hart, Structural Engineer/project designer,
evaluated the bids utilizing a comprehensive scoring system. Based upon scoring of the submittals,
Lloyd D. Nabors Demolition, LLC, located in Hutchins, Texas, is recommended for award of the
project. The Scoring Tabulation, with the complete list of bidders, is attached.
This scoring system was based on the following:
Evaluation Criteria (ref. Specifications, Item 102, page 5)
1 Ability to meet specifications and provide services as set forth in 20%
the RFP
2 CONTRACTOR's past experience working with local5
0
governments /o
3 Qualifications of the CONTRACTOR and the CONTRACTOR's 20%
project leader
4 Proposed project cost 50%
5 Reference checks 5%
Based upon previous project experience, completing a site inspection of the properties,
qualifications of the project manager, and their ability to meet specifications, the evaluation
committee members, each independently, recommended Lloyd D. Nabors Demolition, LLC be
awarded the project as the lowest responsible bidder, a result of their demolition experience in
urban environments and offering the best value for the scope of work.
Lloyd D. Nabors Demolition, LLC base bid is $493,500.00, with an additional cost of $94,500.00
to retain the north wall per terms of the agreement with SMA, for a total of $588,000.00 for the
project. Lloyd D. Nabors Demolition, LLC included in their submittal the options for retention of
the north wall.
All original proposal/bid documents are available for review at the office of the City Clerk.
BUDGET:
$588,000.00, available funds from the American Rescue Plan Act (ARPA).
OPTIONS:
1. Authorize the City Manager to sign the contract with Lloyd D. Nabors Demolition, LLC
for demolition of the Belford Building and the building at 230 South Main Street.
2. Request additional information and/or deny authorization to execute the contract with
Lloyd D. Nabors Demolition, LLC for demolition of the Belford Building and the building
at 230 South Main Street.
RECOMMENDATION:
Authorize the City Manager to sign the contract with Lloyd D. Nabors Demolition, LLC
for demolition of the Belford Building and the building at 230 South Main Street.
ITEM A-2
STANDARD CONSTRUCTION CONTRACT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
THIS CONTRACT is made and entered into on this the day of 20
by and between the City of Paris (hereinafter referred to as "OWNER")
and Lloyd D. Nabors Demolition LLC (hereinafter referred to as "CONTRACTOR"). In consideration of the mutual
covenants hereinafter set forth, the OWNER and CONTRACTOR agree as follows:
Article I. Work
The CONTRACTOR shall perform all of the work as specified in the Contract Documents. The work is generally
described as follows:
- Demolition of the Belford Building, which is a reinforced concrete 4 -story building with a single -story
basement.
- Demolition of the one-story building at 230 South Main Street.
- Removal of all construction materials and debris.
- Removal of existing foundations down to the depth indicated in drawings.
- Import soil and compact the soil to bring the grade elevation of the property to approximately street -level.
- Construct a brick wall, using bricks salvaged from the demolition, to a height of 8 feet above the curb along
Main Street.
Plans and Specifications prepared by: Jason Hart Enr wineerinc PLLC, 15305 Dallas,Rgrkwa , 12th Floor Addison,
tHart 'ha�rtengineerino.com.
Texas 75O0µ1, Contac,,,,,,,, . Jasomn_mm�,�hart@
All extra work shall be performed as specified or indicated in the Contract Documents; and, at the CONTRACTOR's
own cost and expense, the CONTRACTOR shall furnish all the materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services as may be necessary in order to complete the
construction, as described above and in accordance with the Contract Documents unless otherwise agreed to by the
OWNER.
Article II. Contract Documents
The Contract Documents may only be altered, amended or modified as provided in the Specifications Item
104 — Scope of Work.The Contract Documents consist of: this written agreement setting forth the work to be
performed; advertisement, if any; instructions to bidders, if any; proposal; addendum; Demolition Drawings; any
supplemental changes or agreements pertaining to the work or materials therefor; bonds; the Specifications and
any additional documents incorporated by reference. These form the Contract Documents and all are as fully a
part of the Contract as if attached to this agreement or repeated herein.
Demolition Drawinus
D1.0
Project Title Page
D1.1
Site Plan — Existing Building
D1.2
Sections — Existing Building
D1.3
Temporary Traffic Control Plan
D2.0
Site Plan — Demolition
D2.1
Sections — Demolition
D3.0
Site Plan — Post -Demolition
S ecifications
Item 101 Definitions and Abbreviations
Item 102 Proposal Procedures
Item 103 Award and Execution of Contract
Item 104 Scope of Work
Item 105 Control of Work
Item 106 Control of Material
Item 107 Legal Relations and Contract Responsibilities
Item 108 Prosecution and Progress
Item 109 Measurement and Payment
Item 201 Barriers, Warning and Detour Signs and Fences
Item 202 Temporary Erosion, Sedimentation and Water Pollution Prevention and Control
Item 203 Landscaping
Item 701 Demolition
Appendix A Model Forms
A-1 Bid Bond
A-2 Standard Construction Contract
A-3 Performance Bond
A-4 Payment Bond
A-5 Maintenance Bond
A-6 Certificate of Insurance
A-7 Change Order and Change Order Instructions
A-8 Inspection Overtime
A-9 Contractor's Affidavit of Final Payment
Appendix B Previous Reports
B-1 Pre -Demolition Asbestos Inspection Report for 260 South Main Street (Belford Building)
B-2 Pre -Demolition Asbestos Inspection Report for 230 South Main Street
Article III. Contract Time
The CONTRACTOR shall perform and complete all the items of work listed and referred to in the Contract
Documents within a timeframe that will minimize the disruption to businesses and residents. All limitations of time
set forth herein are material and are of the essence of this Contract. CONTRACTOR shall complete all work set
forth in the Scope of Work no later than fifteen (15) weeks from the date of last execution hereof.
Article IV. Contract Price
The OWNER shall pay the CONTRACTOR the sum of FIVE HUNDRED EIGHTY-EIGHT THOUSAND AND
NO/100 ($588,000.00) for completion of the work in accordance with the Contract Documents using current funds.
Such payments shall be subject to the provisions in Specifications Item 109 — Measurement and Payment.
Article V. Debts
The OWNER may, at its option, offset any amounts due and payable under this Contract against and debt
(including taxes) lawfully due to OWNER from CONTRACTOR, regardless of whether the amount due arises
pursuant to the terms of this Contract or otherwise and regardless of whether or not the debt due to OWNER has
been reduced to judgment by a court.
Article VI. Miscellaneous Provisions
The terms used in this Contract shall have the same meaning as designated in the General Provisions of
the Standard Specifications for Public Works Construction, North Central Texas Council of Governments, as
amended. The Contract Documents, which constitute the entire agreement between the OWNER and
CONTRACTOR, are listed in Article ll. No assignment by either party hereto of any rights under or interests in the
Contract Documents will be binding on the other party hereto without the written consent of the party sought to be
bound. The OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives hereto to the covenants, agreements, and obligations contained in the Contract Documents.
MANDATORY ANTIBOYCOT AND OTHER PROVISIONS. Contractor acknowledges this Agreement may
be terminated and payment withheld if this certification is inaccurate. Pursuant to Section 2271.002 of the Texas
Government Code, Contractor 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. Contractor acknowledges
this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to SB 13, 87th
Texas Legislature, Contractor 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. Contractor acknowledges this Agreement
may be terminated and payment withheld if this certification is inaccurate. Pursuant to SB 19, 87th Texas
Legislature, Contractor 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, 871h Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the
term of this Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this
certification is inaccurate. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Contractor certifies
that Contractor is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Contractor
acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have executed this Contract in duplicate and on the date
aforementioned. All portions of the Contract Documents have been signed or identified by the OWNER and
CONTRACTOR.
CONTRACTOR: ATTEST: OWNER: ATTEST:
Title:
Printed Name: By:. Printed Name:
Title:
t S
SII ����, � ,X A S
November 3, 2023
Mr. Lloyd Nabors
President, Lloyd D. Nabors Demolition, LLC
1330 Dowdy Ferry Road
Hutchins, TX 75141
RE: Notification of Intent to Award — Belford Building Demolition
260 & 230 South Main Street, Paris, Texas
Dear Mr. Nabors:
I am pleased to inform you that Lloyd D. Nabors Demolition, LLC has been selected as the preferred bidder,
to be submitted to the City of Paris City Council on their November 13, 2023 meeting. It will be staff
recommendation to award the contract for the above project based on the proposal submitted on
September 15, 2023, in the amount of $493,500. The City of Paris would like to include the scope of work
related to reconstructing the north wall of 230 South Main Street for $94,500 as described in the Bid Form
submitted by your Company. Add -alternates 1 and 2 will be discussed further before the contract is
finalized. The City acknowledges that your Company will not perform Add -alternate 3, which was noted
as "No bid" on the Bid Form submitted by your Company.
Performance, payment and maintenance bonds are required for this contract. A certificate of insurance
must verify coverage as required by Item 103.4 in the project's specifications and must name the "City of
Paris", "South Main Acquisitions, LLC', and "We REIT, LLC' as an additional insured on the commercial
general liability policy. Please remember that work may not start before the contract has been properly
executed.
In addition, your attention is directed to the project's specifications regarding the prosecution of work,
progress schedule and preconstruction conference. Information regarding these items should be
addressed prior to beginning work.
In addition, it will be necessary for you to submit the name of those individuals within your Company who
will be authorized to sign supplemental agreements that may be necessary in the performance of the
work under this contract. Please furnish this information to Todd Mittge, PE, City Engineer, City of Paris,
135 SE V Street, Paris, Texas 75460 or tmittge@paristexas.gov.
If you have any questions, please contact me at (903) 784-9202 or gpath@paristexas.gov. The City of
Paris looks forward to working with you on this project.
Grayson -
City Manager- Paris, Texas
UPDATED FOR ADDENDUM 3 9/1/2023
PROJECT:
BELFORD BUILDING DEMOLITION
260 & 230 SOUTH MAIN STREET
PARIS, TEXAS 75460
BIDS MUST BE SUBMITTED ON THIS BID PROPOSAL FORM IN ORDER TO BE
CONSIDERED.
INSTRUCTIONS TO BIDDER:
PLACE COMPLETED BID FORM IN A SEALED ENVELOPE, CLEARLY MARK
ON THE OUTSIDE OF THE ENVELOPE "SEALED BID: BELFORD BUILDING
DEMOLITION" AND RETURN TO THE FOLLOWING ADDRESS NO LATER
THAN 3:00 PM ON SEPTEMBER 15, 2023, AT WHICH TIME BIDS WILL
BE PUBLICLY OPENED BEFORE BEING EVALUATED FOR PRESENTATION TO THE
CITY COUNCIL.
PAGE 1 OF 4
TO: CITY OF PARIS
ATTN: CITY ENGINEER
135 SE 1ST STREET
PARIS, TEXAS 75460
FROM:
��..,,� .,,...,. ..
NAME OF BIDDING COMPANY
..W._.. _....._Y _.....,.,,,,., ,.,.. ...._....... ...._.
Lloyd D. Nabors Demolition, LLC.
.,... .....n .. ..... ................WW.�.ririririwh �,
CONTACT NAME
_..�_. , �......_..---- ..._..
Joshua Stevens
EMAILjstevens@lloydnabors.com
........ ........... ....M��_..�_
1330 Dowdy FerryRd. Hutchins, TX 75141
ADDRESS
PHONE NUMBER
(972) 225-1200
SUBCONTRACTORS
DO YOU PLAN TO SUBCONTRACT ANY PORTION OF THIS PROJECT?
YES NO
IF YES, COMPLETE THE FOLLOWING:
�.__..__._�....—w_____--.___-......._..._..
SUBCONTRACTOR COMPANY NAME ROLE/SCOPE
—... - -.. .... ..
RNDI Companies Inc.
.�.� ... s� �..,
Asbestos Abatement
... ,,, MMM. ..
Buyers Barricades
. �� ....
Barricades/Traffic Control
3 Vlking Fence
m _ ..------- _................
Temporary/permanent fencing
4
._ .,,ri,,, .,,,.....na,.. ........M
5
, .,. n. ....... ......... ........... ...._ . .......
PAGE 1 OF 4
BID FORM (CONTINUED) - BELFORD BUILDING DEMOLITION
EXCEPTIONS
DO YOU LIST ANY EXCEPTIONS TO THE BID DOCUMENTS (DRAWINGS AND
SPECIFICATIONS)? ES NO
_ IF YES, LIST/DESCRIBE THE EXCEPTIONS:
Due to our exenence and con
' versations with e ng, meets and brick m
we do not feel that the
brick wall is likely to stand on its own even with the bracing called for in the drawings. We exclude
leaving the wall and the associated bracing due to liability and insurance restrictions. As an altemate
plan, we suggest that we salvage, clean, and palletize enough brick to rebuild a similar wall on a new
grade beam. We propose an 8" block wall filled with concrete and rebar re -using the existing antique
brick on both sides of the wall. We propose to do this for an additional $94,500.00 above our base bid
price.
REFERENCES
PROVIDE THREE (3) REFERENCES FAMILIAR WITH YOUR COMPANY'S
DEMOLITION WORK:
....... ... .......
1 COMPANY NAME/NAME OF MUNICIPALITY
City of Lewisville
......,�. n......._ . .............. _........... ......_wwww._., ......._........._.
CONTACT Chris Chastain
�.....,,,.�,...... .�...... ..... �.... .....m�„ .... .�.�-TITLE Preserve &Greenbelt Man9aer PHONE NUMBER469-635481
EMAIL ochastain@cityofewisville.com
DESCRTON OF DEMOLITION WORK PERFORMED
. ....... �
_..
Demolished marina, barges, and fishing docks.
_.�........�._ti.�.�., COMPANY NAME._.�MUNICIPALITY�.�_.......�.�. a,w,�............_..
..
Z /NAME OF
City of Amarillo
.............
CONTACT Jerry Danforth
-- ..
mm
�,E Director of Facilities PHONE NUMBER 806-378-9386
EMAIL jerry.danforth@amarillo.gov
DESCRIPTION OF DEMOLITION WORK PERFORMED .,....�.,.,...
Demolished a block of buildings to clear the way for a new city hall.
ivmA.... NAME/NAME OF MUNICIPALITY
.—..� ........... �w _.���.... ..�....... ...
co�_... �, ........._�.
3
Provident Realty Advisors
.....__._.
--- . ..... .. �..�a
CONTACT Basil Koutsogeorgas
TITLE Development Director PHONE NUMBER (972) 951-7163
EMAIL bkoutsogeorgas@providentrealty.not
DESCRIPTION OF DEMOLITION WORK PERFORMED
Asbestos abatement and demolition of former manufacturing facility, portions of which were 4-6 stories
tall. Project involved multiple road closures
PAGE 2 OF 4
#OIST Mi,. • .1 loll •'
TO THE FOLLOWING:
_�,,,,.. ,.„,.,. .M..,�. ._............. _.... .......................
°
Or bidb
..........
Install or bracing t o side o 230 Sou
treer'vac flat
Obtain payment bond
Demolish chimney
Obtain perfor ce bond
Demolish Belford Building downbasement
230 S St down to crawl space, leaving no rth
Obtain to ce bond
wall at 230 S. Main St. up,to 8 feet above sidewalk
Prepare site-specific health & safety plan
Haul demolished materi s to landfill
Install orfence
Selective basement demolition
Photograph survey of adjacent
il ild inn /91reet
Dust control measures when necessary
Disconnect utilities
Daily cleanup
basement pool
_.- -
pect road signs
r d arcthroughout
InsDrain
Notify TDHS about demolition
Foundation demolition T below slab
Install barricades c signs
Install erosion control silt fences
Remove asbestos -containing materials
Import fill
Dispose of asbestos -containing materials
Compact fill
Salvage owner -requested materi (Add
.�..-- .- ,.,,°. to ate�L-„°.,_,, .
Grade site
ove elevatormachinery
co terei hts
.m _._............_..........._._ ._... ,,
..� Install 8' topsoil
m.,,, ,..... ...
Remove trees
Install chain link fence
Install stabilized construction entrance Photograph survey of adjacent buildings/street
PAGE 3 OF 4
BID FORM (CONTINUED) - BELFORD BUILDING DEMOLITION
ADDENDA
CONFIRM RECEIPT OF ADDENDA
RECEIVED?
ADDENDUM # 1 DATE August 4, 2023 YE NO
ADDENDUM # 2 DATE Aura t 15,2028. _ m ® NO
ADDENDUM # �3 DATEPtember 1, 2023 NO
INSURANCE
CONFIRM COMPANY HAS INSURANCE COVERAGE THAT SATISIFIES THE
REQUIREMENTS DESCRIBED IN SECTION 103.4 OF PROJECT MANUAL,
NO
TOTAL BID PRICE $493,5ao 00
(EXCLUDING ADD ALTERNATES)
ADD ALTERNATE AA1 PRICE $.
I CERTIFY THAT T,HIS ADD ALTERNATE AA3 PRICE V NOm BID„WUWW
00 ADD ALTERNATE AA2 PRICE 0 00 CVV
BID COMPLIES WITH THE BID DOCUMENTS (DRAWINGS
AND SPECIFICATIONS) EXCEPT WHERE CLEARLY INDICATED IN THE
EXCEPTIONS SECTION OF THIS BID FORM.
PRINT NAME
AUTHORIZED SIGNATURE
DATE
PAGE 4 OF 4
Item No. 21
Memorandum
TO: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
Robert Vine, Deputy City Manager
FROM: Doug Harris, Assistant City Manager
SUBJECT: Pickle Ball Courts
DATE: November 13, 2023
BACKGROUND:
A meeting was held on Tuesday, October 24, 2023, to discuss pickle ball courts. In attendance
were Councilman Gary Savage; Michael Smith, Director of Public Works; Bill Loranger, Parks
Superintendent; Sue Hays and Tommy Felty, representing the local pickle ball group; and Doug
Harris, Assistant City Manager.
STATUS OF ISSUE:
Ms. Hays and Mr. Felty have requested the City set aside property at the Sports Complex to
construct up to eight (8) pickle ball courts, with costs to be covered by the local pickle ball group.
The City will retain both ownership of the property, as well as maintenance of the courts. Ms.
Hays will present on overview of their proposal. Details of the proposed project will be
coordinated between City staff and the pickle by group.
BUDGET:
None; presentation only.
RECOMMENDATION:
City Council is requested to provide direction to staff for moving forward with the proposal. Not
an action item; presentation only.
Item No. 22
TO: Mayor, Mayor Pro Tem, and City Council
Grayson Path, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Amendment to Economic Development Agreement with Emerald Hospitality, LLC
Home2 Suites by Hilton Development
DATE: November 13, 2023
BACKGROUND: On June 27, 2022, the City Council adopted Resolution No. 2022-046
approving an Economic Development Agreement (the "Agreement") with Emerald Hospitality,
LLC ("Company") relating to the development of a Homes 2 Suites by Hilton hotel including
event space. The agreement provides that the Company must have the hotel open for business
within 18 months of the execution of the Agreement, which is scheduled to fall on January 5, 2024.
NOTE: Emerald Hospitality is owned by Council Member Pankaj. He has filed a conflict of
interest affidavit and will recuse himself from discussion and voting on this item.
STATUS OF ISSUE: While the hotel is substantially completed, certain supply chain issues have
pushed back the opening date until no later than April 5, 2024, and Mr. Pankaj has requested that
the opening deadline be extended by 90 days.
BUDGET: No impact to the budget other than the grants the city is obligated to pay under the
original agreement.
RECOMMENDATION: Motion to adopt a resolution approving an amendment to the Chapter
380 economic development agreement with Emerald Hospitality, LLC related to the development
and construction of a Home 2 Suites and hotel and event space and authorizing the Mayor to
execute same on behalf of the city.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING AND AUTHORIZING AN AMENDMENT OF THE ECONOMIC
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PARIS,
TEXAS AND EMERALD HOSPITALITY, LLC; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, on June 27, 2022, the City Council of the City of Paris adopted Resolution
No. 2022-046 approving an Economic Development Agreement (the "Agreement") by and
between the city and Emerald Hospitality, LLC ("Company") relating to the development of
a Homes 2 Suites by Hilton hotel including event space (the "Project"); and
WHEREAS, said Agreement provides that the Company must have the Project open
for business within 18 months of the execution of the Agreement; and
WHEREAS, said 18 month deadline is scheduled to fall on January 5, 2024; and
WHEREAS, while the Project is substantially completed, certain supply chain issues
have pushed back the opening date until no later than April 5, 2024; and
WHEREAS, the Company has requested that the opening deadline be extended by 90
days, and the City Council wishes to grant that request;
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 and incorporated herein by reference.
Section 2. That the terms of the Economic Development Agreement as amended
by the Amendment attached hereto as Exhibit No. 1 and the property the subject thereof
meet the City's Chapter 380 Retail Economic Development Program adopted by the City of
Paris by Resolution No. 2022-014 and will lead to the economic development of the city.
Section 3. That the terms and conditions of the proposed Amendment, 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 City Manager is hereby authorized to execute the Amendment
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
No. 1.
Section 5. That the planned use of the property the subject of the economic
development agreement will not constitute a hazard to public safety, health, or morals.
PASSED AND APPROVED this 13th day of November, 2023.
Reginald B. Hughes, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
AMENDMENT TO
ECONOMIC DEVELOPMENT AGREEMENT
Home 2 Suites by Hilton
WHEREAS, the City of Paris, Texas ("City'), a Texas home rule municipal
corporation, and Emerald Hospitality, LLC, a Texas limited liability company ("Company"),
acting by and through their respective authorized officers, have entered into an Economic
Development Agreement (the "Agreement") with an effective date of July 6, 2022 (the
"Effective Date"), a copy of which is attached hereto as Exhibit 1 and incorporated herein
by reference; and
WHEREAS, said Agreement, related to the construction of a Homes 2 Suites by
Hilton hotel (the "Hotel"), provided that as consideration for various economic
development incentives, the Company was to have completed the required improvements
to the real property and be operating the hotel within eighteen (18) months of the Effective
date; and
WHEREAS, eighteen months from the effective date is January 5, 2024; and
WHEREAS, although construction of the Hotel is substantially complete, supply
chain issues relating to information technology and furnishings are likely to delay the
Company's opening of the Hotel to guests by no more than ninety (90) days; and
WHEREAS, in consideration of the Company's due diligence in completing the
Hotel and in recognition of supply chain issues that have affected much of the American
economy since the COVID-19 pandemic, the City has agreed to extend the deadline for
the Company to open the Hotel for business;
WITNESSETH:
Article III, Sec. 3.1, subsection (c) is hereby amended to read as follows in its
entirety as follows:
(c) In consideration for this ad valorem tax -based incentive, the
Company Agrees to make or cause to make the Required Capital Investment,
complete the Improvements, and open for business no later than 8ri1j, 2024
withiR eighteen (18) months of the Effe6tive Date of this AgFeement. On or before
the April 5, , the Company shall present the
City with an affidavit affirming that it has made or caused to have been made the
required improvements and the total capital amount of said improvements. All
improvements to the Property must conform to the City of Paris' building and fire
codes and the subdivision ordinance as applicable, and the Company must meet
all permitting and platting requirements, as applicable.
ATTEST:
Janice Ellis
City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris
City Attorney
CITY OF PARIS
A
Reginald B. Hughes
Mayor
Date Signed:
EMERALD HOSPITALITY, LLC
0
Mihir "Mark" Pankaj, Owner
Date Signed:
THE STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Reginald B. Hughes, Mayor of the CITY OF PARIS, a Texas
municipal corporation, known to me to be the person who's name is subscribed to the
foregoing instrument, and acknowledged to me that he has executed the same on the
City's behalf.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF 2023.
Notary Public Lamar County, Texas
My commission expires
THE STATE OF TEXAS §
COUNTY OF LAMAR §
This instrument was acknowledged before me on the day of �....._. ,
2022, by Mihir "Mark" Pankaj, owner of Emerald Hospitality, LLC, a Texas limited liability
corporation, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged that he executed the same on behalf of Emerald
Hospitality, LLC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF , 20
Notary Public Lamar County, Texas
My commission expires
EXHIBIT 1
ECONOMIC DEVELOPMENT AGREEMENT
Home 2 Suites by Hilton
This Economic Development Agreement ("Agreement") is made by and between
the City of Paris, Texas ("City"), a Texas home rule municipal corporation, and Emerald
Hospitality, LLC, a Texas limited liability company ("Company"), acting by and through
their respective authorized officers.
WITNESSETH:
WHEREAS, the Company is the owner of certain undeveloped real property
("Property") in the City, upon which Company wishes to construct a hotel with event
space, comprising a Home 2 Suites by Hilton (the "Project" or the "Hotel"); and
WHEREAS, the City wishes to incentivize the construction of said Hotel
development; and
WHEREAS, the Company has advised the City that an agreement with the City to
provide economic incentives to the Company as set forth herein would be a contributing
factor that would assist the Company to develop the property; and
WHEREAS, the Company has committed to cause a capital investment of
FOURTEEN MILLION SEVEN HUNDRED AND FIFTY THOUSAND AND NO/100
DOLLARS ($14,750,000.00) to construct said Hotel; and
WHEREAS, the City has adopted programs for promoting economic development
and this Agreement and the economic development incentives set forth herein are given
and provided by the City pursuant and in accordance with those programs; and
WHEREAS, the City is authorized by Article 52-a of the Texas Constitution and
Chapter 380 of the Texas Local Government Code to provide economic development
incentives to promote local economic development and to stimulate business and
commercial activity in the City; and
WHEREAS, the City has determined that making economic development grants in
accordance with this Agreement is in accordance with the City's economic development
program and will: (i) further the objectives of the City; (ii) benefit the City and the City's
inhabitants; and (iii) promote local economic development and stimulate business and
commercial activity in the city;
NOW, THEREFORE, in consideration of the foregoing, and on the terms and
conditions hereinafter set forth, and other valuable consideration the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
Article I—Term
This Agreement shall be effective on the last date of execution hereof ("Effective
Date") and shall continue until the Expiration Date, unless sooner terminated as provided
herein.
Article II—Definitions
Annual Grants" or "Grants" may refer to Annual Property Tax Grants or Annual
Sales Tax Grants or to both collectively.
"Annual Property Tax Grants" shall mean five (5) annual grants each in an amount
equal to one hundred percent (100%) of the City's maintenance and operations property
taxes assessed on the incremental taxable value of the Property attributable to the Project
over and above the Base Value in the calendar years 2024, 2025, 2026, 2027, and 2028.
"Annual Sales Tax Grants" shall mean three (3) annual grants each in the amount
equal to fifty percent (50%) of the Sales Tax Receipts for each applicable Grant Period,
to be paid to the Company as set forth herein. The amount of each Annual Sales Tax
Grant shall be computed by multiplying the Sales Tax Receipts received by the City by
50% for the given Grant Period, less an administrative fee charged to the City by the State
of Texas. Annual Sales Tax Grants will be paid for the calendar years 2024, 2025, and
2026.
"Bankruptcy or Insolvency" shall mean the dissolution or termination of a party's
existence as a going business, insolvency, appointment of a receiver for any part of such
party's property and such appointment is not terminated within ninety (90) days after such
appointment is initially made, any general assignment for the benefit of creditors, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against
such party and such proceeding is not dismissed within ninety (90) days after the filing
thereof.
"Base Value" shall mean the value of the Property as determined by the Lamar
County Appraisal District on January 1, 2022.
"City' shall mean the City of Paris, Texas.
"Company" shall mean Emerald Hospitality, LLC, a Texas limited liability
corporation.
"Consummated" shall have the same meaning assigned by Texas Tax Code,
Section 321.203 or its successor.
"Expiration Date" shall mean June 1, 2029.
"Event Space" shall mean the convention and event space comprising a portion of
the Hotel premises.
"Force Majeure" shall mean any contingency or cause beyond the reasonable
control of a party including, without limitation, acts of God or the public enemy, war, riot,
civil commotion, insurrection, government or de facto government action, fires, explosions
or floods, strikes, slowdowns, or work stoppages (unless caused by the intentionally
wrongful acts or omissions of the party).
"Grant Period" shall mean a full calendar year. The first Grant Period shall
commence on January 1, 2024 through and including December 31, 2024. Additional
Grant Periods for the Annual Property Tax Grants will be the calendar years 2025, 2026,
2027, and 2028. Additional Grant Periods for the Annual Sales Tax Grants will be the
calendar years 2025 and 2026.
"Impositions" shall mean all taxes, assessments, use and occupancy taxes,
excises, license and permit fees, and other charges, by public or governmental authority,
general and special, ordinary and extraordinary, foreseen and unforeseen, which are or
may be assessed, charged, levied, or imposed by any public or government authority on
the Company or any property or any business owned by Company within the City.
"Improvements" shall mean the construction, equipping, and furnishing of a Home
2 Suites by Hilton hotel and event space.
"Payment Request" as it relates to an Annual Sales Tax Grant shall mean a written
request from Company to the City for payment of the applicable Annual Sales Tax Grant
for the applicable Grant Period. "Payment Request" as it relates to an Annual Property
Tax Grant shall mean a written request from the Company for the City to remit the Annual
Property Tax Grant for the applicable Grant Period. The Payment Requests for the Annual
Grants may be made concurrently and in the same document.
"Property" shall mean the 4.599 acre tract described as City of Paris, Block 318,
Lot Part of 7, located at 3143 Northeast Loop 286, Paris, Texas, LCAD #18785 and more
fully described in Exhibit A. attached hereto and incorporated herein by reference.
"Required Capital Investment" shall mean a capital investment of $14,750,000.00
to include construction costs and the cost of tangible personal property to furnish and
equip the Hotel.
"Required Use" shall mean the Company's continuous use and occupancy of the
7"roperty as a Home 2 Suites Hotel by Hilton and event space.
• - • • ♦ s . • 1 # -ROOM• • • -
Receipts""Sales Tax r • of - from
the Hotel's • • of - Sales and being - • - f - •+ • • that the
one • one quarter .-receipts• - for its participation • • of general funds),
ChapterHotel premises. Sales Tax Receipts shall not include any receipts generated by the
quarter percent (.25%) economic development sales tax collected by City pursuant to
la of - Texas Local• - ^ ••e
- s - - - • - COME= • • • • - •ii
"Taxable Items" shall mean both "taxable items" and "taxable services" as those
terms are defined by Chapter 151, Texas Tax Code, as amended.
• •4"LAIMAIaN
3.1 Annual Property Tax Grants. (a) Subject to the Required Capital
Required - and continued satisfactionof all the terms and conditions of
this Agreement, and the obligation of the Company to repay said Annual Property Tax
Grants pursuant to Article VI hereof, the City agrees to provide five (5) Annual Property
Tax Grants in an amount equal to one hundred percent (100%) of the taxes assessed
upon the increased value of the Propertyover - value of the Property of January 1,
2022, for the calendar years 2024, 2025, 2026, 2027, and 2028.
(c) In consideration for this ad valorem tax -based incentive, the Company
Agrees to make or cause to make the Required Capital Investment, complete the
Improvements, and open for business within eighteeniu months of Date
improvements to the Property must conform to the City of Paris' building and fire codes
and the subdivision ordinance as applicable, and the Company must meet all permitting
and platting requirements, as applicable.
(d) Concurrent with the execution of this Agreement, the Company shall
provide to the City a copy of the printout from the Lamar County Appraisal District showing
the value of the Property as of January 1, 2022.
(e) The Company understands that the Required Use of the Property as set
forth herein is a material term hereof, and cessation of use of the Property as a Home 2
Suites Hotel by Hilton with event space will constitute an event of default of this
Agreement.
3.2 Annual Sales Tax Grants. (a) Subject to the Required Use and continued
satisfaction of all the terms and conditions of this Agreement and the obligation of the
Company to repay the Annual Sales Tax Grants pursuant to Article VI hereof, the City
agrees to provide the Company with three (3) Annual Sales Tax Grants, each in an
amount equal to fifty percent (50%) of the Sales Tax Receipts attributable to the Retailers'
sales for the calendar years 2024, 2025, and 2026. Sales Tax Receipts will be determined
by the City using sales tax revenue information derived through the State of Texas as
authorized by Texas Tax Code Sec. 321.3022.
(b) Each Annual Sales Tax Grant shall be due within thirty (30) days after
receiving a Payment Request from Company for the relevant Grant Period, but in no event
before the first day of April of 2025, 2026, and 2027. The Payment Request must include
the Company name and tax identification number under which it will be collecting and
paying Sales Tax Receipts.
writing of any adjustments found,
The Company shall promptly notify the City in
Lgst ._.._.... a,,,,,, , „rsR.._.....
d, determined, or made by the Company, the State of
Texas, or by an audit that results, or will result, in either a refund or reallocation of Sales
Tax Receipts or the payment of Sales and Use Tax or involving amounts reported by the
Company as subject to this Agreement. Such notification shall also include the amount of
any such adjustment in Sales and Use Tax or Sales Tax Receipts. The company shall
notify the City in writing within ninety (90) days after receipt of notice of intent of the State
of Texas to audit the Company, its Affiliates and/or its customers. Such notification shall
also include the period of such audit or investigation.
(d) AOL4stments. In the event the Company files an amended sales and use
tax return or report with the State of Texas, or if additional Sales and Use Tax is due and
owing by the Company to the State of Texas, as determined or approved by the State of
Texas, affecting Sales Tax Receipts for a previous Grant Period, then the Annual Sales
Tax Grant payment for the Grant Period immediately following such State of Texas
approved amendment shall be adjusted accordingly (i.e., up or down, depending on the
facts) provided the City has received Sales Tax Receipts attributed to such adjustment.
As a condition precedent to payment of such adjustment, the Company shall provide the
City with a copy of any such amended sales and use tax return or report or notification
from the State of Texas that additional Sales and Use Tax is due and owed by the
Company to the State of Texas, as determined by the State of Texas, affecting Sales Tax
Receipts for a previous Grant Period along with the Payment Request for the next Grant
Period.
(e) Refunds and Under.wayjments mof Grants. In the event the State of Texas
determines that the City erroneously received Sales Tax Receipts, or that the amount of
Sales and Use Tax paid to the Company exceeds (or is less than) the correct amount of
Sales and Use Tax for a previous Grant Period, for which the Company has received an
Annual Sales Tax Grant, the Company shall, within sixty (60) days after receipt of
notification thereof from the City specifying that amount by which such Annual Sales Tax
Grant exceeded the amount to which the Company was entitled pursuant to such State
of Texas determination, adjust (up or down, depending on the facts) the amount claimed
due for the Annual Sales Tax Grant for the Grant Period immediately following such State
of Texas determination. If the Company does not adjust the amount claimed due for the
Annual Sales Tax Grant payment for the Grant Period immediately following such State
of Texas determination, the City may, at its option, adjust the Annual Sales Tax for the
Grant Period immediately following the State of Texas determination. As a condition
precedent to payment of such refund, the City shall provide the Company with a copy of
such determination by the State of Texas. The provisions of this Section shall survive the
termination of this Agreement.
(f1 Grant PaPmen,t...Termination Suspension* This payment of Annual Sales
Tax Grants shall terminate on the effective date of determination by the State of Texas or
other appropriate agency or court of competent jurisdiction that the Hotel is not a place of
business resulting in Sales and Use Taxes being due the City from the sale of Taxable
Items by the Company at the Property. In the event the State of Texas seeks to invalidate
the Hotel as a place of business where Sales and Use Tax was properly remitted to the
State of Texas (the "Comptroller Challenge"), the payment of Annual Sales Tax Grants
by the City hereunder shall be suspended until such Comptroller Challenge is resolved in
whole favorably to the City. In such event, the Company shall not be required to return or
refund Annual Sales Tax Grants previously received from the City provided the Company
is actively defending against and/or contesting the Comptroller Challenge and the
Company promptly informs the City in writing of the Company's actions and with copies
of all documents and information related thereto. In the event the Comptroller Challenge
is not resolved favorably to the City and/or in the event the State of Texas determines
that the Hotel is not a place of business where the Sales and Use Tax was properly
remitted to the State of Texas, and Sales and Use Tax Receipts previously paid or
remitted to the City relating to the Hotel are reversed and required to be repaid to the
State of Texas, then the obligation to pay the Annual Sales Tax Grants shall terminate
and the Company shall refund all Annual Grants received by the Company from the City
that relate to the Comptroller Challenge, which refund shall be paid to the City within forty-
five (45) days of the date that the Comptroller Challenge require the City to repay Sales
and Use Tax Receipts.
Article IV—Limitations on Annual Grants
4.1 Current Revenue. The Annual Property Tax Grants and Annual Sales Tax
Grants made hereunder shall be paid solely from lawfully available funds that have been
appropriated by the City. Under no circumstance shall City's obligations hereunder be
deemed to create any debt within the meaning of any constitutional or statutory provision.
The Grants shall be paid solely from annual appropriations from the general funds of the
City or from such other funds of the City as may be legally set aside for such purpose
consistent with Article III, Section 52(a) of the Texas Constitution. Further, City shall not
be obligated to pay any commercial bank, lender, or similar institution for any loan or
credit agreement made by Company. None of the City's obligations under this Agreement
shall be pledged or otherwise encumbered in favor of any commercial lender and/or
similar financial institution.
4.2 Grant Limitations. Under no circumstances shall the obligations of the
City hereunder be deemed to create any debt within the meaning of any constitutional or
statutory provision; provided, however, City agrees during the term of this Agreement to
make a good faith effort to appropriate funds each year to pay the Grants for the then
ensuing fiscal year. Further, the City shall not be obligated to any commercial bank,
lender, or similar institution for any loan or credit agreement made by the Company. None
of the City's obligations under this Agreement shall be pledged or otherwise encumbered
in favor of any commercial lender and/or similar financial institution.
4.3 Indemnification. The Company agrees to defend, indemnify and hold
the City, its respective officers, agents, and employees (collectively, the "City")
harmless from and against any and all reasonable liabilities, damages, claims,
lawsuits, judgments, attorney fees, costs, expenses, and any cause of action that
directly relates to any of the following: any claims or demands by the State of Texas
that the City has been erroneously or over -paid Sales and Use Tax for any period
during the term of this Agreement as the result of the failure of the Company to
maintain a place of business at the Property or in the City, or as a result of any act
or omission or breach or non-performance by the Company under this Agreement
except that the indemnity provided herein shall not apply to any liability resulting
from the actions or omissions of the City. The provisions of this section are solely
for the benefit of the parties hereto and not intended to create or grant any rights,
contractual or otherwise, to any other person or entity, it being the intention of the
parties that the Company shall be responsible for the repayment of any Grants paid
to the Company herein that include sales and use tax receipts that the State of
Texas has determined were erroneously paid, distributed, or allocated to the City.
Article V—Conditions to Annual Grants
The City's obligation to pay the Annual Grants shall be conditioned upon the
compliance and satisfaction by the Company of the terms and conditions of this
Agreement and each of the conditions set forth in this Article V.
5.1 Payment Request. The Company shall, as a condition precedent to the
payment of each Annual Grant, provide the City with the applicable payment request.
5.2 Good Standing. The Company shall not have an uncured breach or default
of this Agreement.
5.3 Room Nights. Subject to availability and reasonable advance notice, the
Company agrees to provide the City with ten (10) room nights every year during which
the City may utilize these room nights. A room night shall be the use of one room per
night so that if the City utilized all 10 rooms in one night, this would constitute the 10 room
nights allotted to the City per this section. Notwithstanding the foregoing, on an annual
basis, Company shall provide to the City by January 31 st of each year this Agreement is
in effect, certain proposed "blackout dates" which the City cannot utilize for purposes of
this Section; provided however, the "blackout dates" shall be subject to the mutual
agreement of the City and the Company.
5.4 Event Center Use. Subject to availability and reasonable advance notice,
the Company agrees to provide the City with five (5) days' use of the event space every
year during which the City may utilize the space Notwithstanding the foregoing, on an
annual basis, Company shall provide to the City by January 31st of each year this
Agreement is in effect, certain proposed "blackout dates" which the City cannot utilize for
purposes of this Section; provided however, the "blackout dates" shall be subject to the
mutual agreement of the City and the Company.
5.5 Required Use. During the period beginning on the Effective Date and
continuing until the Expiration Date, the Leased Premises shall not be used for any
purpose other than the Required Use, and the operation of the Leased Premises in
conformance with the Required Use shall not cease for more than thirty (30) continuous
days except in connection with and to the extent of any event of Force Majeure. The Hotel
shall be open for business no later than December 31, 2023.
Article VI—Termination; Repayment
6.1 Termination. This Agreement shall terminate upon any one of the following:
(a) by written agreement of the parties;
(b) Expiration Date;
(c) by either party in the event the other party breaches any terms or conditions of
this Agreement and such breach is not cured within thirty (30) days after written
notice thereof;
(d) by City, if Company suffers an Event of Bankruptcy or insolvency;
(e) by City, if any Impositions owed to the City or the State of Texas by Company
shall become delinquent (provided, however, that the Company retains the right
to timely and properly protest and contest any such Impositions); or
(f) by either party, if any subsequent Federal or State legislation or any decision
of a court of competent jurisdiction declares or renders this Agreement invalid,
illegal, or unenforceable.
6.2 Repayment. In the event the Agreement is terminated by the City at any
time during the Grant Periods pursuant to Section 6.1(c) (following an uncured breach by
the Company), (d), (e), or (f) (provided such legislation or decision requires repayment of
the Annual Grants), the Company shall immediately repay to the City an amount equal to
the Annual Grants previously paid by the City to the Company as of the date of such
termination, plus interest at the rate periodically announced by the Wall Street Journal as
the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease
to exist or cease to announce a prime or base lending rate, then at the annual rate of
interest from time to time announced by Citibank, N.A. (or by any other New York money
center bank selected by the City) as its prime or base commercial lending rate, which
shall accrue from the date of the first payment of the Annual Grants during such period
until paid.
6.3 Right of Offset. The City may, at its option, offset any amounts due and
payable under this Agreement against any debt (including taxes) lawfully due to the City
from the Company, regardless of whether the amount due arises pursuant to the terms
of this Agreement or otherwise and regardless of whether or not the debt due the City has
been reduced to judgment by a court.
Article VII—Miscellaneous
7.1 Binding Agreement. The terms and conditions of this Agreement are
binding upon the successors and assigns of the parties hereto. This Agreement may not
be assigned without the express written permission of the City.
7.2 Limitation on Liability. It is understood and agreed between the parties
that the Company, in satisfying the conditions of this Agreement, has acted
independently, and the City assumes on responsibilities or liabilities to third parties,
including but not limited to the Retailers, in connection with these actions. The Company
agrees to indemnify and hold harmless the City from all such claims, suits, and
causes of action, liabilities, and expenses of any nature whatsoever by a third party
arising out of the Company's failure to perform its obligations under this
Agreement.
7.3 No Joint Venture. It is acknowledged and agreed by the parties that the
terms hereof are not intended to and shall not be deemed to create a partnership or joint
venture among the parties.
7.4 Authorization. Each party represents that it has full capacity and authority
to grant all rights and assume all obligations that are granted and assumed under this
Agreement.
7.5 Notice. All notices and communications under this Agreement to be mailed
to City shall be sent to the address of City's agent as follows, unless and until the
Company is otherwise notified:
City Manager
City of Paris
Post Office Box 9037
Paris, Texas 75461
With a qo -))Y. #o
City Attorney
City of Paris
Post Office Box 9037
Paris, Texas 75461
Notices and communications to be mailed or delivered to the Company shall be
sent to the address of the Company as follows, unless and until the City is otherwise
notified:
Mihir "Mark" Pankaj
Emerald Hospitality, LLC
2650 N. Main St.
Paris, Texas 75460
Any notices and communications required to be given in writing by one party to the
other shall be considered as having been given to the addressee on the date the notice
or communication is posted, faxed or personally delivered by the sending party.
7.6 Entire Agreement. This Agreement is the entire Agreement between the
parties with respect to the subject matter covered herein. There is no other collateral oral
or written Agreement between the parties that in any manner relates to the subject matter
of this Agreement, except as provided in any Exhibits attached hereto.
7.7 Governing Law. The Agreement shall be governed by the laws of the State
of Texas without regard to any conflict of law rules. Exclusive venue for any action
concerning this Agreement shall be in a court of competent jurisdiction in Lamar County,
Texas. The parties agree to submit to the personal and subject matter jurisdiction of said
court.
7.8 Amendment. The Agreement may only be amended by the mutual written
agreement of the parties.
7.9 Legal Construction. In the event that any one or more of the provisions
contained in this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect
other provisions, and it is the intention of the parties to this Agreement that in lieu of each
provision that is found to be illegal, invalid, or unenforceable, a provision shall be added
to this Agreement which is legal, valid, and enforceable and is as similar in terms as
possible to the provision found to be illegal, invalid, or unenforceable.
7.10 Recitals. The recitals to this Agreement are incorporated herein.
7.11 Counterparts. This Agreement may be executed in counterparts. Each of
the counterparts shall be deemed an original instrument, but all of the counterparts shall
constitute one and the same instrument.
7.12 Survival of Covenants. Any of the representations, warranties, covenants,
and obligations of the parties, as well as any rights and benefits of the parties, pertaining
to a period of time following the termination of this Agreement shall survive termination.
7.13 Employment of Undocumented Workers. During the term of this
Agreement the Company agrees not to knowingly employ any undocumented workers,
and if convicted of a violation under 8 U.S.C. Section 1324a(f), the Company shall repay
the amount of the Annual Grants and any other funds received by the Company from the
City as of the date of such violation within 120 business days after the date the Company
RMIMMIMe FT Is 1 WN Man— =-IM, MIMI- vV7.
TO y worKers empioyea Dy a subsidiary, affiliate, or ranchisee of
the Company or by a person with whom the Company contracts, including but not limited
to the Retailers.
EM33= �i
CITY OF PARIS
By: ....m.. .......�_.i�.,..--
Paula Portugal
Mayor
APPROVED AS TO FORM:
Stephai e H. Harris
City Attorney
Signed:.�. "��.. .....'7...�
EMERALD HOSPITALITY, LLC
By:
-�
1, � itle)
Mihir Mark P nka � � „va
Date Signed:��
THE STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Paula Portugal, Mayor of the CITY OF PARIS, a Texas municipal
corporation, known to me to be the person who's name is subscribed to the foregoing
instrument, and acknowledged to me that he has executed the same on the City's behalf.
h
GIVEN UN ER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF .. Vi Y1 �a2022....
n 4 iµyuf
ii IA ��, u`•A
Y d
Id
4 N a°°�Fn° is Lamar Count ,Texas
V4
"II n d n lips
My commission expires
sera z ? p u
t 2 2a2 2
" ,,.,..,,. e......... ..,.,.,..e.......,
r s
°',muo- .2
THE
ni ° f4Srt,o ory AANo
THE STATEC�Y`���dmm �� §
IR
COUNTY OF LAMAR §
This instrument was acknowledged before me on the day of
y n 1 1fL m of Emerald Hospitality, LLC, a Teas limited
22, b Mihir Mark Panka', O , N� w
liability corporation, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged that he executed the same on behalf of Emerald
Hospitality, LLC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE .._.....
DAY OF ... :._ _ ..._.�m 20_lj,.
h�lll�
A1m
4
�1'yub1p��Y
...ma. _ ...
amar County Texas
�
4
°My
commission expires 11,2
„ �� 'A Av A
Bring 4.599a oflod sihmud within Me ecqxwd6 UMIts oft& City of Porh' TAM, CM 'TLW'
099 acres beb*PW of &e los* Lwb Ssvay,AWo*;tN=bar 524 aswoU abobw all of a QOW 4.
am txj of Md oonMed from David p— Rabiwan and Brenda L. Robiwon, to MWr (Mork) PMIW 10d
pMWirrom co=VC3wVsDoc=vdN=bOr
buM on Mmvk 21, 2019 by W&rragy Deed TaNde din
161041.2019. The aid 4.599 am Win more f* da"VOOd by gnat:oriel boumb"foUaws:
Beginnisig 0 & K Inch ben Md fMW ILt the cugW Soudboo oomes of a caged 1.470 acre IzW of Md
conveyed to; SC Muftq" to pMA pwb LLC on Yum 09.2016 by Warranty Dead recorded in TA
CrjMy c)eMs Domwkm Number 134116-2016 and also the Soul um" oases of Lot l.Black AftdWMVA
the RepW of Oak RWV 318 Addition facorded it Lamar Cc" phi Racordy Envelope 461 -D, and sold rad
slao being in ft Nm* jigbt of way UN of US tMP 296,
Tbew WGIM 1002e34" East, slog the Wast boundary Una of ft gra"mentloned Paley trail and the But
. of Ow sfivemenficima Lot I as a d1ance of 313.52 feet pasaft a % inch cAPPcd MWO 1100
Ilne
rodfiYusd at The Woribeafft cower of said Lot I and et *A SwAhem cOrOar of a tolled 1.470 MM Vent of WW
,
covayed fins, HLmsb pool tD BHOLE BABA CORP on October 20, 2017 by CMOMAI WMMIY Dead fftOrded
in IAMW COMIty Clerk's Document Number 147483-2017 and said rod also being the Soudmst corner of Lot 2,
Block A of Oak Ridge, Addition 318 as rawrded In Loatar County Phd Ram& ZOVOIOPC 455-D, 20 "Outinuibg
on Id 554.61 f9d pmkog a Va kA capped (WWft) tzCM rod found at to "ordwit corner of sold Lot 2 and st
" Southasyt cWM of a s bd r;& of way dedication &)Oft an said plat of Oak Ridge Addition 318 MMd8d
in envelope 455-D and covfinuir% on for a total dicta ue of 559.76 feat to a % jwI capped Iron rod (Whiney)
fimmd at the Morthwat cO= Of SW PVM UIC4 and 'd the NwffirAM effm of ft doremautione'd5 bot right
Vfway dedication, IM sold rod abobehvS in ft South right of way fix of Qwtar SUIW(4Y fight of MY IS per
Pit Redords Penelope 31 O-A);
Theme North 87028'39" B&04 along do North bmrdM line of the If0mVIEftfia"d Ponkef tract OW the
South rip of way Hm of Center StOK a dhWa of 454.84 ft to a % imh cqqmd (MMIOI 011 - 1) ircn IW
fiwnd is the Northwest uw= Of 1, O&W 10.487 am &ad of IIM =vq* float David R. ftbbdon 10 Omg
ad Mmn Ij Moan Do=ber 22.2010 by Warraty Deed recorded In Tam COMAY CIOWS Dmumw
Number 1)84433-2010;
'bake South 1900220" Well, along the Wag boundoxy litre of the &&=01110001 Wst" tract, at A &Mee
of 346.02 " pawing a % inch capped (Rhodes) iron rod fband at 60 molt Nc I ti I I I SM&WtK career of said
bWm ttimt, and at the Northwest corm of a 000d 2.618 me elm of Ind conveyed foam Cade Bank
cmpondva to K=MMh LLC on Angurt 1:2, 2013 by Wxnnty Deed with Vandels Lim r000rdad in Lamar
Courcy Cle&s Docmantlqumba lo8gln-2ol3 and axanuing sawtiho Wenbwxglary Lim of sold Kemnalh
LLC &W for a total dhftm of 406.23 fmt to a ppw' at the Morthast c tw n P-r of a cdW LIS32 am Ired of
land oonveyed from David IL Robinson to Tony Dam Vahm anon November 18, 2016 by Warre* DOW
twordA4 in LMIX CMOY Clerks Doctawnt Number 138291.2016 and st to Nortbiad corner of Lot 1, Block
A of VQ No. 2 AM" CB 318 McmW I%Lqmu Cvxq Plat Records Envelope 462-1), and dram said point a
inch ca;Ved (ChoxieY) bm god fouDd bears South 70659W EW I, d[StEnce of OM fbO4
Than= NWb 7D659W Wool, 1304 tv North bmmdM ling of the &fMMnOMW Waltara emu W the
North bawA" Una of the abremeadomed Lot 1, Block A of DQ No. 2 AAdkdm a di of 347.16 Nd In a
% inch capped (Chawy) &m rod fbmd at tht NM*west cornea of odd Walters troch *a Nor%vmst C="
of sold Lot 1, Bloch A oFDQ No 2 Additiom
7bwm so%a 19°03'08" wast, sion the Wert bmmdM Lina of the &%remanioned Wahm had and the
Wag boundwy Om of the ifoamantiorad Lot 1, Block A of DQ No. 2 Additim a dist of 336.53 fiwt to it
%,Mb O&PPed (Chaney) h,= rod &xId at the SouthvMg MW of said Wallets tract and at the Soudweal: MxM
of said Lot 1, and old rad also being ijD tax North right of MAY Hot of US Loop Number 286;
Tboace Worth $4645'33" Weak ak)t* The North H*d of way line of US Loop 286, a dWAM-t of 100.79 feet to
a % Inch bw rod found, and firom cid iron rod a'% tach topped (MTG jolal 1-1) iron rod fourA bears South
1t060V03" East a dithme of 0.07 feat;
Thence Notih 74*3 34V' West Waft the North rigM of way line *fUS Loop 286. 0 distance 904.91 foo Is
the POW of ftivning and CooWning 4.599 ACM of land.
ZZ -1
------------
-----------------
..........
Em
uz zi
TV
LIM la
"Neliminmy Plat for inspection Purpose Only"
Not To Be Filed of Rc=d
ALL LM waL. IJAVE WATER AND KIM SERVICE
ImsTALLED 9V DEVELOPER
FOUPROTEMONTOCODE
I I I j j --
w w -m
YWMrW,nm riWYb Yid 111
PRELIMNARYPLAT
MIHRPANKAJ3 HAMMON
Cl of Pwm LMM Ca". Tan
4i"Asm
Pku: (903)517-1928
tl
Item No. 23
TO: Mayor, Mayor Pro -Tem, and City Council
Grayson Path, City Manager
FROM: Gene Anderson, Finance Director
SUBJECT: 2022-23 YEAR END BUDGET AMENDMENT
DATE: November 13, 2023
BACKGROUND:
In September, the City did its annual year end "housekeeping" ordinance increasing certain departmental
budgets (while decreasing others) in the General Fund to cover expenditures. The overall General Fund
budget did not increase from that ordinance.
STATUS OF ISSUE:
In making the estimates used in the September amendment ordinance, I overlooked the payroll accrual of
the September work days that were not paid until October. The way the pay periods fell this year, the payroll
accrual included a whole pay period. In short, the pay period occurred in FY22/23, was paid in FY23/24 to
the employees, but accrual requires it be charged back against FY22/23. We missed it this year. Also for
those departments that have shifts (Police, Fire, EMS, and both Treatment Plants), Saturday September 30'x'
was included and added another day to the accrual. The computer budgets 26 pay periods in each year
which is what actually happens within the year. The accrued pay period amounted to a 27"' pay period in
the 2022-23 budget year. In the general fund that amounts to $752,679 of the $899,740 adjustment being
requested. The remainder was departments attempting to utilize unspent budget to accomplish various tasks,
goals and projects.
The City is fortunate that 2022-23 General Fund revenues exceeded budget by 11.87% which is more than
enough to cover the requested amendment and still add to the General Fund reserve. Therefore, while on
paper we exceeded our expenditure budget for the General Fund, in reality so did revenue which means our
reserve was not touched other than to add additional funding to it.
An ordinance has been prepared that authorizes the Finance Director to make the necessary budget
amendments pursuant to City Code and Charter.
BUDGET: Please see the attached ordinance.
RECOMMENDATION:
Motion to approve an ordinance amending the Fiscal Year 2022-23 budget.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO DIRECT
REVENUES COLLECTED IN EXCESS OF THE 2022-23 BUDGET AMOUNT
AND IN EXCESS OF ACTUAL EXPENDITURES FOR FISCAL YEAR 2022-23
TO VARIOUS DEPARTMENTS INCREASING THEIR EXPENDITURE
BUDGETS FOR FISCAL YEAR 2022-23 IN AN AMOUNT SUFFICIENT TO
COVER ALL OPERATING EXPENSES; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, certain departments in the 2022-23 fiscal year budget have expenditures
in excess of the amended budget appropriations in the amounts shown therein as follows:
GENERAL FUND
1.
City Manager
$ 17,700.00
2.
City Clerk
$ 3,500.00
3.
Finance
$ 5,600.00
4.
Police
$ 360,000.00
5.
Fire
$ 222,000.00
6.
Community Dev.
$ 27,200.00
7.
Engineering
$ 17,605.00
8.
Parks
$ 32,000.00
9.
EMS
$ 181,505.00
10.
Library
$ 32,630.00
TOTAL
$ 899,740.00
WHEREAS, there were excess General Fund revenues collected during the 2022-23
fiscal year
GENERAL FUND
1. General Fund Revenues $ 899,740.00
TOTAL
$ 899,740.00
WHEREAS, in accordance with Section 63 of the Paris City Charter at the request of
the City Manager, the City Council may increase the budget of any department;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. The findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. The Director of Finance be, and he is hereby, authorized and directed
to move excess revenues from the 2022-23 fiscal year in the amounts shown as follows:
GENERAL FUND
1. General Fund Revenues $899,740.00
TOTAL
to be credited, respectively, to the following accounts:
GENERAL FUND
1. City Manager
$
17,700.00
2. City Clerk
$
3,500.00
3. Finance
$
5,600.00
4. Police
$ 360,000.00
S. Fire
$
222,000.00
6. Community Dev.
$
27,200.00
7. Engineering
$
17,605.00
8. Parks
$
32,000.00
9. EMS
$
181,505.00
10. Library
$
32,630.00
TOTAL
$ 899,740.00
$ 899,740.00
Section 3. 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. 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. 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 after its passage and
publication as required by law.
PASSED AND ADOPTED this 13th day of November, 2023.
Reginald B. Hughes, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item No. 24
Memorandum
TO: Mayor, Mayor Pro -Tem & City Council & Council
Grayson Path, City Manager
FROM: Janice Ellis, City Clerk
SUBJECT: SOLID WASTE COLLECTION PERMIT
DATE: November 13, 2023
BACKGROUND: Article 12.04 of the Code of Ordinances of the City of Paris regulates the
collecting and transporting of solid waste from commercial and industrial units within the City of
Paris. Article 12.04 requires that a person or entity must first obtain a solid waste collection
permit from the City prior to using the public streets, alleys or thoroughfares within the corporate
limits of the City. Pursuant to the Code, solid waste collection permits expire September 30t" of
each year, so this permit will expire September 20, 2024.
STATUS OF ISSUE: Garrett Thomas d/b/a Triple T Sanitation filed an application, and
submitted the required certificate liability insurance. This company is new to Paris so there have
been no fees collected as of yet.
BUDGET: NA.
RECOMMENDATION: Approve the Ordinance authorizing the issuance of solid waste
collection permit to Triple T Sanitation.
This ordinance will require five affirmative votes for passage.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT
TO TRIPLE T SANITATION FOR THE PURPOSE OF ENGAGING IN THE
BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM
COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE
CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE
FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, Chapter 12 Section 12.04.042 of the Code of Ordinances of the City of
Paris, Texas, requires any person or entity engaging in the business of collecting or
transporting solid waste from commercial and industrial units within the city limits to obtain
a solid waste collection permit from the City; and
WHEREAS, Triple T Sanitation with address an listed as 3278 FM 196 N, Paris, Texas,
75462, has made application for a solid waste collection and transportation permit in
accordance with Sec. 12.04.042 of the City Code of Ordinances; and
WHEREAS, following review of the application and proof of insurance and upon a
finding of public necessity and convenience for issuance of the permit, the City Council of the
City of Paris hereby finds by a two-thirds (2/3) majority vote of the City Council that the
permit should be issued to Triple T Sanitation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That a solid waste collection permit is hereby issued to Triple T Sanitation,
effective October 1, 2023.
Section 3. That the referenced solid waste collection permit issued to Triple T
Sanitation shall expire September 30, 2024, unless further application for re -issuance of the
permit is made by the applicant in conformance with the City Code.
Section 4. That each holder of a permit issued pursuant to Sec. 12.04.042 of the City
Code of Ordinances shall pay the City of Paris a street use fee for the privilege of operating
on the City streets, alleys, and thoroughfares equal to eleven percent (11%) of the gross
receipts earned from the waste collected, hauled or disposed of from within the City limits.
Section 5. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 6. That any person violating any of the provisions of this ordinance shall be
guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the
provisions of Section 1.01.009 of the City of Paris Code of Ordinances, and each and every
day's continuance of any violation of the above -enumerated sections shall constitute and be
deemed a separate offense.
Section 7. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this 131h day of November, 2023.
Reginald B. Hughes, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item No. 25
Memorandum
TO: Mayor, Mayor Pro -Tem, and City Council
Grayson Path, City Manager
FROM: Gene Anderson, Finance Director
SUBJECT: ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR)
FISCAL YEAR ENDING 9-30-22
DATE: November 13, 2023
BACKGROUND: Section 33 of the Paris City Charter requires the City to have an annual audit
prepared by an independent Certified Public Accountant. Our practice is to provide the Council
with a copy of the report when it is completed. Normally this is accomplished via a consent agenda
item. However, we thought a brief presentation by McClanahan & Holmes, LLC might be in order
to discuss the parts of the ACFR one of which is the auditor's opinion on the financial statements.
STATUS OF ISSUE: This report updates the City Council on the City's financial condition and
financial activities for the year ending 9-30-2022.
BUDGET: N/A
RECOMMENDATION: No action is required by the Council.