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Agenda PacketCITY COUNCIL AGENDA Notice is hereby given that the City Council of the City of Paris shall meet in regular session at 5:30 p.m. on Monday, June 24, 2024. 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 htti�s //ll,ar stexas. Dov/Tiuublic. 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 June 10, 2024. 6. Receive reports and/or minutes from the following boards and commissions: a. Main Street Advisory Board (3-12-2024) b. Tax Increment Reinvestment Zone Board (5-9-2024) c. Building & Standards Commission (5-20-2024) 7. Receive April monthly financial report. 8. Receive demolition and code enforcement activity reports. 9. Approve a Resolution of the City Council of the City of Paris, Texas, recommending Kevin Ashmore to the Lamar County Commissioners' Court for appointment to the Sulphur River Regional Mobility Authority Board of Directors; determining that the meeting at which this Resolution was passed complied with the Texas Open Meetings Act. 10. Approve Change Order #1 with Pro Tech Track & Tennis, Inc. and an amendment to the contract with Paris Texas Pickleball (for construction of eight pickleball courts), increasing the amount by $25,628.00 to be funded by the City from Paris Texas Pickleball. 11. Authorize the expenditure of TIRZ Funds for the May 9, 2024, Texas Comptroller Office presentation in the amount of $87.27. 12. Approve a Maintenance Agreement with Moonlighting, Inc. in the amount of $10,000.00 for the maintenance of the plaza tree lights, with the term dates of October 1, 2023 to September 31, 2024; and authorize the City Manager to sign. 13. Approve a Water Meter Replacement Agreement with JB & L Utility Contractors in an amount not to exceed $48,000.00; and authorize the City Manager to sign. Regular Agenda 14. Discuss, provide direction to City Staff, and act on a Resolution regarding an application for disannexation of property (four parcels) located at CR 22500, Paris, Texas, filed by MRG Goody Solar Project. 15. Discuss rezoning from (2F) Two -Family Dwelling District to (SF -1) One -Family Dwelling District in the Church Street Historic District, and provide direction to staff. 16. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081 17. 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 June 21, 2024. Janice Ellis, City Clerk Special Accommodations This facility is wheelchair accessible and accessible parking spaces are available. Requests for special accommodations or interpretive services must be made forty-eight (48) hours prior to this meeting. Please contact Janice Ellis at (903) 784-9248 or jellis@paristexas.gov for assistance. Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS June 10, 2024 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, June 10, 2024, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Mihir Pankaj Council Members: Shatara Moore, Rebecca Norment, Alix Putnam and Rudy Kessel City Staff: Grayson Path, City Manager; Rob Vine, Deputy City Manager; Doug Harris, Assistant City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Randy Tuttle, Assistant Police Chief, M.A. Smith, Public Works Director; Osei Amo- Mensah, City Planner; and Paul Strahan, Airport Manager Absent: Mayor Pro -Tem: Gary Savage O enin A Benda 1. Call meeting to order. Mayor Pankaj 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. City Council led the United States Pledge of Allegiance and the Texas Pledge of Allegiance. 4. Citizens' Forum. Leslie Flynn, 10 N. Plaza — she said she and her husband lived downtown and had a business downtown. Ms. Flynn asked that members of the Downtown Association stand. She said they were there to express concern about the homeless situation and went on to say that they were sleeping in entryways to businesses, increase in vandalism, men were sitting at the splash pad watching women and children. Paul Allen, President of Lamar County Chamber of Commerce — he said he was representing the Chamber and the retail community. He explained the Pacer Program and how many more people were visiting different places in Paris, citing the increase in numbers since Regular Council Meeting June 10, 2024 Page 2 2022. He expressed concern about vandalism and referenced the homeless population. He encouraged the City Council to use everything available to address these issues. Danielle Termin, 620 Twin Oaks, owner of Fine and Dandy — she expressed concern about the homeless situation downtown, about planters being scattered into the street and on sidewalks, the homeless occupying the entryways of businesses and scaring patrons. She said they were told to video vandalism and call the non -emergency police number. She also said they needed more patrols downtown and more ordinances. Mandeep Chatha-Homer, 1570 34th N.E. — she said they owned several businesses and in the last six months they had experienced vandalism and on one occurrence a car crashed into one of their buildings. Ms. Homer said Council should be more pro -active in hiring and retaining police officers. She recognized Officer Bristow in one of the incidents that happened at their business. Carolyn Williams, Paris, Texas — she said she was still fighting for West Paris and she was not going to meet with anybody again. Curtis Fendley, 554 Church St. — he requested that Council consider a future agenda item to restrict building permits for multi -family dwellings in the Historic District of South Main and Church Streets. Linda Knox, 655 Church St. — she said in 2021, when she served on the City Council, the Church Street property owners began working with staff in the Planning Department on ways to protect their neighborhood and they came up with a three -prong approach. She described this approach as a rental property ordinance, vacant building ordinance and single-family zoning. Ms. Knox said of the three, only two had been completed. She asked Council to request city staff to complete the last of these three. She read a statement from her neighbor Sims Norment, 606 Church Street, who said it was a potential plus to only allow single family dwellings on Church Street with the increase of people coming to Paris. Ms. Knox asked that the Church Street Historic District neighbors stand to show support of this request. Consent Agenda Mayor Pankaj inquired of Council Members if they wished to pull any items from the consent agenda for discussion. There being none, a Motion to approve the consent agenda was made by Council Member Kessel and seconded by Council Member Norment. Motion carried, 5 ayes — 0 nays. 5. Approve minutes from the meetings of May 13, 2024 (special meeting), May 13, 2024 (regular meeting) and May 28, 2024 (special meeting). 6. Receive reports and/or minutes from the following boards and commissions: a. Love Civic Center Board (3-14-2024) b. Planning & Zoning Commission (4-1-2024) Regular Council Meeting June 10, 2024 Page 3 c. Tax Increment Reinvestment Zone Board (4-11-2024) d. Building & Standards Commission (4-15-2024) e. Airport Advisory Board (2-15-2024 f. Paris Visitors & Convention Council (4-15-2024) g. Housing Authority of the City of Paris (2-13-2024, 3-19-2024, 4-5-2024, 4-16- 2024, 4-24-2024, 5-14-2024, & 5-17-2024) 7. Accept and approve the resignation of Reginald Hughes as representative for City Council District Two. Approve an increase in rent of City owned T -Hangars. 9. Approve amendments to the Master Lease Agreement for City owned T -Hangars to revise the percentage and to allow for annual increases as needed. Regular Agenda 10. Receive presentation from Jay Hodge regarding the Sulphur River Regional Mobility Authority, discuss and provide direction to Staff. City Clerk Janice Ellis explained that Chris Donnan had served as the City's representative since January 9, 2023 and had requested to step down from the board. She said that SuRRMA presiding officer Jay Hodge was going to give them a presentation about SuRRMA and recommend a person to fill Mr. Donnan's vacant seat. Mr. Hodge explained the functions of the Sulphur River Regional Mobility, the importance of the SuRRMA, member qualifications and recommended Kevin Ashmore citing his experience. A Motion to support the recommendation of Kevin Ashmore to serve on the SuRRMA Board was made by Council Member Kessel and seconded by Council Member Norment. Motion carried, 5 ayes — 0 nays. Mr. Path said staff would bring a resolution to Council at their next meeting formalizing their decision. 11. Discuss and act on the selection process of filling the vacant seat of City Council District Two. Ms. Ellis reported that on May 20, 2024, Reginald Hughes resigned from City Council District Two, leaving a vacant seat. She said Section 20 of the City Charter and Chapter 141 of the Election Code allowed for City Council to fill the vacant seat by one of two options. Ms. Ellis said one option was to nominate and appoint a qualified person residing in District Two to fill the vacant position; and the other option was to direct staff to announce the vacancy, accept applications, interview applicants at a special meeting and then make an appointment. City Council discussed the two options, and favored filling the vacant seat by taking applications and conducting interviews. It was a consensus to have a deadline for applications Regular Council Meeting June 10, 2024 Page 4 to be in the City Clerk's Office by June 28th at noon, with a special meeting on July 2, 2024 at 5:30 p.m. for the purpose of interviewing and selecting a new Council Member. Mayor Pankaj expressed concern about selecting board members prior to seating the new Council Member. Ms. Ellis said they could defer the appointments to a later date. Following additional discussion, a Motion to accept applications for the vacant Council seat, making a deadline of June 28th at noon to receive same, scheduling a special meeting on July 2nd at 5:30 p.m. for the purpose of interviewing and selecting a new Council Member to fill the vacant seat, and deferring the board appointments to July 8' was made by Council Member Norment and seconded by Council Member Moore. Motion carried, 5 ayes — 0 nays. 12. Discuss and act on extending the Moratorium for the 5 -In -5 Housing In -Fill Development Program for an additional 60 days. Deputy City Manager Robert Vine said on March 11, 2024, City Council approved a 90 - day moratorium on the 5 -in -5 Housing Infill Program to allow staff time to review the program and return to the City Council with appropriate amendments. He also said the 90 -day period ending on June 10th was expected to be enough time for staff to bring recommendations for changes to the program to City Council after reviewing the Housing Assessment which was expected to be completed in the month of April, but the final document was not completed until the end of May. Mr. Vine said staff was requesting a 60 -day extension on the moratorium to allow enough time to review and digest the information and recommendations in the Housing Assessment with the new Department Director on this project. A Motion to approve this item was made by Council Member Putnam and seconded by Council Member Norment. Motion carried, 5 ayes — 0 nays. 13. Receive presentation, discuss and act on ORDINANCE NO. 2024-018: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING APPENDIX A, SECTION A10.004, "SEWER RATES FOR CUSTOMERS USING CITY WATER," OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO REFLECT CHANGES RECOMMENDED BY THE CITY'S RATE CONSULTANT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Chris Ekrut of NewGen Strategies & Solutions, LLC gave an overview of the 2024 Water & Wastewater Cost of Service Study. He reported per agreements with contract treated water customers, the City must perform an annual cost and those rates were set per the study and amended annually. He explained that the contract treated water customers' rates were based on the City's FY 2022-23 actual expenditures and retail customers' rates were based on the City's FY 2023-24 budget. Mr. Ekrut reviewed prior increases in wastewater rates and stated the next increase was scheduled for October 2025. He reported that funds were sufficient to satisfy the Rate Maintenance Policy's interest and Sinking Fund, Reserve Fund, and Contingency Fund requirements. He said no increase in water rates was needed. He recommended continued wastewater rate increases as detailed within the City's currently adopted wastewater ordinance. Regular Council Meeting June 10, 2024 Page 5 A Motion to approve this item was made by Council Member Norment and seconded by Council Member Moore. Motion carried, 5 ayes — 0 nays. 14. Discuss and act on a TxDOT Airport Project Participation Agreement for the City of Paris Airport runway and taxiway rehabilitation project; and authorize the City Manager to execute all necessary documents. Airport Manager Paul Strahan said the City had been working with TxDOT Aviation for several years to develop a runway and taxiway rehabilitation project. He also said that TxDOT required a grant agreement be in place for the construction phase. Mr. Strahan said the City Council previously authorized the City's 10% match which was currently estimated at $347,000, and that this amount had already been paid to TxDOT through the City's ARPA funds. He said the project was to start around July 5h. A Motion to approve this item was made by Council Member Kessel and seconded by Council Member Norment. Motion carried, 5 ayes — 0 nays. 15. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayor Pankaj suggested they might want to form a sub -committee of constituents, business owners, and a couple of Council Members to talk to the non-profit agencies to address some of the issues they had heard about tonight. Mayor Pankaj also asked that an item be placed on the agenda for discussion and direction about the Church Street and South Main Street District zoning amendments. 16. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Norment and seconded by Council Member Moore. Motion carried, 5 ayes - 0 nays. Mayor Pankaj adjourned the meeting at 6:17 p.m. MIHIR PANKAJ, MAYOR JANICE ELLIS, CITY CLERK Item No. 6 MINUTES OF THE MAIN. STREET ADVISORY BOARD., PARIS CITY COUNCIL CHAMBERS 107 E. KAUFMAN PARIS TEXAS 75460 TUESDAY MARCH —12s 2024 Present: Board Members: Greg Kee, Glee Emmite, Tyrone Hayden, William Walker, Seth, Melissa Jones City Representatives: Cheri Bedford, Main Street Manager; Rob Vine, Deputy City Manager; Absent: Board members: Kari Daniel City Representatives: Mayor Reginald Hughes 1. Citizen forum: No one presented at citizens forum. 2. Review minutes from the February -Chairman: A motion was made to approve the meeting minutes by Villian Walker Motion was seconded by Tyrone Hayden. 6 ayes, 0 nays 3. Discussion and possible action on the following Election of Secretary for the board: A motion was made by Glee Emmite to nominate newly -elected member Melissa Jones for the position of secretary. Motion was seconded by William Walker. After learning the secretarial duties, Jones accepted the nomination. Motion carried 6 ayes, 0 nays. 4. Committee Reports, Transforming Strategies, Board Member Review: Cheri Bedford gave a detailed explanation of the Transforming Strategies adopted by the board, specifically targeting due dates and the importance of discussing and starting now in order for projects to be deliverable by due dates. This will also help us fill out the National Main Street report at the end of the year. 5. Reports: a. PDA Glee Emmite gave an update on events in downtown- In honor of St. Patrick; Clarksville Street will be closed from the Square to 2nd street for activities. (This is not a PDA sponsored event). Putt Putt Golf event will be 11 am -Spm will be March 23. PDA has purchased 15, 000 pair and is down to 6, 000 pair of eclipse glasses. Stores will be open on Sunday April 7, before the Eclipse, and a commemorative postal cancellation station will be set up for the event. She also noted that Paris Coffee Downtown is the newest PDA member. b. Historic Preservation Cheri was able to get give a small update that there was a special meeting with 10 applications regarding buildings. People are working in downtown right now, everywhere you loop 6. Coordinators Report: Welcome, Melissa Jones, to the Board. Details about the free Mobile Planetarium were given. The Rotary Club of Paris and friends are partnering with Cheri to work it. Financial sponsors were Glee Emmite, CUTX and the City of Paris. HWHprovided an in kind donation of the old Paris High gym for a venue. Other items discussed were multiple informational meetings regarding the Eclipse, updating the Farmers Market Restroom access, 1St street property owners meeting and importance of bump -outs, lawn improvement on Plaza, Farmers Market coming up soon. WineFest: Glee and Melissa have entertainment, Greg has VIP, Cheri is coordinating details with wineries, restaurants and venues. Tickets and volunteer signups on 4 swinefest,.com . Swag stuffing will be Thursday the 11th starting at 4: 30pm. This will serve as our monthly board meeting. Melissa will assist Cheri on social media. Will and Seth will speak with venues regarding tables and chairs. High Cotton Kitchen was Best Food Vendor 2023. A certificate will be presented to them. Post -event thank you notes will be sent, by Melissa, to all participants. Melissa reported that 4 secured musicians and will be working on more. 7. Future agenda items: No future agenda items discussed. Will made a motion and Glee seconded to adjourn. Board adjourned at 5: 30 p. m. MINUTES OF THE REGULAR MEETING FOR TAX INCREMENT REINVESTMENT ZONE TIRZ BOARD PARIS TEXAS CITY COUNCIL CHAMBER 107 E. KAUFMAN ST PARIS TEXAS THURSDAY MAY_91 2024 3:00 O'CLOCK P.M. Members present: Cody Head, Chairman; Rob Vine, Vice Chairman; Maureen Hammond, and Thomas McMonigle City Staff: Grayson Path, City Manager; Stephanie Harris, City Attorney; and Skylar Unger, Deputy City Clerk 1. Call meeting to order. Chairman Cody Head called the meeting to order at 3:00 P.M. 2. Citizens' input. No one came forward for citizens' input. 3. Approve minutes from the meeting on April 11, 2024. A Motion to approve the minutes as presented was made by Mr. McMonigle and seconded by Ms. Hammond. Motion carried 4 ayes — 0 nays. 4. Fill the office of Secretary for the Board. Ms. Hammond made a Motion to nominate Thomas McMonigle to serve as the board Secretary, Motion was seconded by Mr. Vine. Motion carried 4 ayes — 0 nays. Thomas McMonigle was appointed to serve as Secretary. Receive presentation on TIRZ and the TIRZ Statute (Tex. Tax Code Ch. 311) from a representative of the Office of the Texas Comptroller of Public Accounts. Frank Alvarez from the Office of the Texas Comptroller of Public Accounts gave a detailed presentation of the Texas Tax Code Chapter 311, specifically regarding TIRZ. Mr. Alvarez then answered questions from the board. 6. Discuss, provide direction to staff, and possibly take action regarding strategies for reviewing and possibly amending the Project and Financing Plans for TIRZ No. 1, including but not limited to authorizing the retention of a consultant to assist the Board with same. (A Motion to remove this item from the table is required before deliberating.) A Motion to remove this item from the table was made by Ms. Hammond and seconded by Mr. Vine. Motion carried 4 ayes — 0 nays. Ms. Hammond stated that she felt the best option was to send out a Request for Qualifications, and Chairman Head and the rest of the board agreed. A Motion to issue an RFQ to obtain proposals was made by Ms. Hammond and seconded by Mr. Vine. Motion carried 4 ayes — 0 nays. 7. Request future agenda items. City Manager Grayson Path stated that he would organize the proposal for the RFQ and present it to the board for their approval before issuing it. 8. Adj oununent. There being no further business, a Motion to adjourn was made by Mr by Mr. McMonigle. Motion carried 4 ayes — 0 nays. Chairman meeting at 4:13 P.M. . Vine and seconded Head adjourned the MINUTES OF THE BUILDING AND STANDARDS COMMISSION MEETING OF THE CITY OF PARIS, TEXAS MAY 20, 2024 The Building and Standards Commission of the City of Paris met for a regular session at 3:00 p.m. on Monday, May 20, 2024, at the City of Paris Council Chambers, 107 E. Kaufman St., Paris, TX 75460. Present: Board Members: Reeves Hayter Ken Kohls Brandon Kearney Kim Walker Richard Thompson City Representatives: Robert Talley — Code Enforcement Jacie Sparks — Community Development Secretary Robert Vine — Deputy City Manager Stephanie Harris — City Attorney Cade Oats — Assistant Fire Marshal Nicki Brown — Code Enforcement Absent: Board Members: Chris Fitzgerald Call meeting to order. Reeves Hayter, Chairman, called the meeting to order at 3:01 p.m. 2. Approve minutes from the meeting of April 15, 2024. Motion made by Kim Walker, seconded by Ken Kohls, 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: B, 424 Bonham; City Block 44-B, Lot 4 Owner: Two Brothers Houses LLC; 935 Ramble Wood, Lewisville, TX 75069 Jacie Sparks stated that the floor was missing from the top and bottom stories of the structure. There is missing and deteriorated wood throughout as well as missing windows. The structure is unsecure. This structure has fire damage but most of it has been removed. The basement is also full of water. Building and Standards Meeting May 20, 2024 Page 2 Jacie Sparks's recommendation: Declare a nuisance, demo within 30 days or city has right to do so. Also, secure structure within 14 days or city has right to do so. There was discussion amongst the board, the owner and city representatives regarding repairing and remodeling the structure, the fire and zoning of the property. Motion made by Reeves Hayter, seconded by Richard Thompson, to secure structure within 14 days or city has right to do so. Also, to repair structure within 60 days or it will be brought back to the commission. Motion carried unanimously. 5-0 C. 510 Bonham; City Block 44-B, Lot 3 Owner: MP Star Investments LLC; 3180 TX HWY 24 Cooper, TX 75432 Jacie Sparks reported that there has been no contact with the owner. This structure is at the very back of property. It has extensive fire damage, missing windows and is unsecure. Jacie Sparks's recommendation: Declare a nuisance, demo within 30 days, or city has right to do so. Motion made by Kim Walker seconded by Brandon Kearney, to follow staff recommendation. Motion carried unanimously. 5-0 D. 1210 NE 11th; City Block 174-A, Lot PT 2 Owner: Gracie & Arthur Johnson; 1208 140' NE, Paris, TX 75460 Jacie Sparks stated that the owner, Mrs. Johnson, spoke with Robert Talley and he instructed her to attend the meeting and provide plans and timelines if she wished to repair the property. The structure has broken windows, deteriorating roof covering, and holes in the roof which is causing the sheetrock to fall. There is also water damage and mold. The siding is splitting due to the foundation damage of the structure. Jacie Sparks's recommendation: Declare a nuisance, demo within 30 days, or city has right to do so. There was discussion amongst the board, Mrs. Johnson and Robert Talley regarding the owners plan to repair the structure. Motion made by Reeves Hayter, seconded by Richard Thompson, to repair in 60 days or it will be brought back to the commission. Motion carried unanimously. 5-0 Building and Standards Meeting May 20, 2024 Page 3 A. 154 NE 11th; City Block 32-A, Lot 14 Owner: Rodolfo & Maria Gallo; 154 l la' NE, Paris, TX 75460 Jacie Sparks reported that there has been no contact with the property owner. The structure has severe fire damage and is unsecure. Jacie Sparks' recommendation: Declare a nuisance, demo within 30 days or city has right to do so. Motion made by Kim Walker, seconded by Richard Thompson, to follow staff recommendation. Motion carried unanimously. 5-0 E. 1021 W Cherry; City Block 51-A, Lot 1 Owner: Crystal Dicken; 1021 W Cherry, Paris TX 75460 Jacie Sparks reported that there has been no contact with the owner. The structure has roof damage from a fallen tree. There is a hole in the roof that has collapsed all the way through. Jacie Spark's recommendation: Declare a nuisance, demo house within 30 days, or city has right to do so. There was discussion amongst the board, Jacie Sparks and Robert talley regarding safety concerns due to an active electric account. Motion made by Reeves Hayter, seconded by Richard Thompson, to follow staff recommendation. Motion carried unanimously. 5-0 F. 803 NW 3rd; City Block 96, Lot 8 Owner: William Freeman; 286 Creekwood Dr., Sunnyvale, TX 75182 Jacie Sparks reported that there has been no contact with the owner. The structure has missing and deteriorated wood, missing shingles, a buckled roof, vegetation into roof, holes in roof, water damage, and it is unsecure. There is also junk and rubbish throughout the property. Jacie Sparks's recommendation: Declare a nuisance, demo within 30 days or city has right to do so. Also, removal of junk and rubbish within 30 days or city has right to do so. Motion made by Richard Thompson, seconded by Kim Walker, to follow staff recommendation. Motion carried unanimously. 5-0 G. 1130 Fairfax; Belmont Block 10, Lot 1 Owner: Katherine Mae Gray; PO Box 627 Rowlett, TX 75030 Building and Standards Meeting May 20, 2024 Page 4 Jacie Sparks stated there has been no contact with the owner. The structure is unsecure with missing and deteriorating wood, holes in siding, water damage, foundation damage and junk and rubbish throughout property. Jacie Sparks's recommendation: Declare a nuisance, demo within 30 days, or city has right to do so. Removal of junk and rubbish within 30 days or city has right to do SO. Motion made by Ken Kohls, seconded by Richard Thompson, to follow staff recommendation. Motion carried unanimously. 5-0 4. Adjournment There being no further business, a motion to adjourn was made by Chairman Reeves Hayter, and seconded by Richard Thompson, at 3:55 p.m. J„ Reeves Hayter, Chairm'm N1...... Item No. 7 TO: Mayor, Mayor Pro -Tem, and City Council Grayson Path, City Manager FROM: Gene Anderson, Finance Director SUBJECT: APRIL 2024 FINANCIAL REPORT DATE: June 24, 2024 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 receipts and disbursements. STATUS OF ISSUE: This report updates the City Council on the City's financial activities through the month stated in the subject line. BUDGET: Not affected by this report. RECOMMENDATION: Motion to receive the monthly financial report. City of Paris April 2024 Financial Report Comments Net to Date Comparison of Revenues: 1. The operations and maintenance property tax and related collections reported are 1.11% more than what was reported in 2023. Current tax collections this year are 95.98% of the tax levy vs. 96.13% last year. 2. Sales taxes are up 3.38% from last year ($203,752). 3. Hotel occupancy taxes are up 11.08% compared to last year ($78,302). 4. Franchise fees are down 6.88% compared to last year ($141,698). This is due to a significant decrease in the payment from Atmos. 5. Permit fees are up 106.09% from last year ($248,255). This increase is due to new commercial permits. 6. Municipal Court fines and related fees are down 17.27% compared to last year ($28,537). 7. Other revenue includes leases, interest, copy fees, birth & death certificates, library fees, mixed beverage tax, and other minor revenues. This revenue is up 16.36% ($245,407). This is due to higher interest income and miscellaneous revenue. 8. Sanitation fees appear to be up 52.13%, however, there is a pending transfer to the Sanitation Fund that will drop that percentage to 15.61%. 9. EMS fees are up 18.32% compared to last year ($376,081). 10. Lamar County EMS contributions are up 5.76% (14,297) compared to last year. 11. Total General Fund revenues are up 5.45% compared to last year ($1,150,282). General Fund revenues equal 75.06% of the budget with the City being 58.33% through the budget year. 12. Total General Fund expenditures are up 8.02% ($1,210,938) compared to last year. General Fund expenditures to date equal 52.46% of budget with the City being 58.33% through the budget year. 13. Sewer revenue was up 19.73% ($1,062,460). 14. Water revenue was up 0.27% ($13,869). 15. Other revenue sources are up 47.67% ($200,401). This is primarily due to charging off Rt. 40 accounts last year that were beyond statutory limitations for debt collections. 16. Total Water & Sewer revenues, ignoring transfers and adjustments, are 11.77% above last year ($1,276,731) and represents 57.74% of the total budget. 17. Total Water & Sewer expenses are 11.05% above last year ($708,729) at this point and represent 33.91% of the total budget (52.87% adjusted for debt payments.) while the City is 58.33% through the budget year. 18. The Airport Fund is currently operating at a deficit, but summer months bring increased fuel sales which should narrow the difference between revenue and expense. Also, in May ARPA Fund support of $72,600 will be reflected. This support covers the additional matching cost of the Runway Project. 19. The Sanitation Fund shows in this report to be operating at a deficit, but this is a timing issue. There is a pending revenue transfer from the Water Billing Office which collects the sanitation fees to the Sanitation Fund which will eliminate the deficit shown in this report. Departmental Expenditure Summary: At this point the City is seven months or 58.33% through the budget year. It is important to remember that expenditures do not occur equally throughout the year. For example, capital expenditures and association memberships are one-time expenditures that if made early in the fiscal year can produce a distorted expenditure percentage. Within the General, Water & Sewer, Airport, and Sanitation Funds there were nine departments whose expenditures were over 58.33%. 1. City Council -70.14%. The overage amounts to $22,507 and was due to insurance and consultant costs. 2. City Manager -58.50%. The overage amounts to $1,321 and was due to furniture for a conference room. 3. City Clerk -59.33%. The overage amounts to $2200 and was due to office chair, associations, and utilities. 4. Fire Department -60.82%. The overage amounts to $141,249 and was mainly due to building maintenance and the lease/purchase payment on a fire truck. 5. Library -67.72%. The overage amounts to $79,217 and was caused by supplies, technical processing, annual insurance payment, travel, furniture, and maintenance agreement. 6. General Expenses -59.56%. The overage amounts to $25,263 and was caused by phone costs and TIRZ costs. 7. Warehouse -60.57%. The overage amounts to $2,774 and was primarily caused by vehicle maintenance. 8. Water Treatment Plant -64.62%x. The overage amounts to $227,713 and was caused by lab chemicals and filtration plant costs. 9. Cox Field Airport -60.02%. The overage amounts to $17,592 and was due to the additional contribution required on the Runway Project. General comments to the City Council: 1. Over 99% of all of the City operational activity takes place in the General Fund, the Water & Sewer Fund, Airport Fund, or the Sanitation Fund. The other funds are special purpose funds with limited activity and usually with legal restrictions on what their money can be spent on. For that reason, I normally only comment on the activity of the General Fund, Water & Sewer Fund, Airport Fund, and the Sanitation Fund. However, if circumstances merited it, I would make comment on activity in one of the other funds. I try to anticipate questions you might have about the report and comment on those points. After you receive your packet and review the monthly report, if you have questions about the report, please let the Manager know (or me if you can't reach the Manager) before the Council meeting, if possible, in case I have to research the answer to your question. 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DATE: June 24, 2024 BACKGROUND: In 2012, the Sulphur River Regional Mobility Authority "SuRRMA" was formed and included the counties of Delta, Hunt and Lamar. Since that time, Fannin County has been included in Sulphur River Regional Mobility Authority. A Regional Mobility Authority is a political subdivision formed by one or more counties or cities to finance, acquire, design, construct, operate, maintain, expand or extend transportation projects. Regional Mobility Authorities are true partnerships between the State and its local partners to meet the transportation needs of tomorrow's Texans. At the June 10, 2024 City Council meeting, SuRRMA Presiding Officer Jay Hodge gave a presentation regarding the Sulphur Regional Mobility Authority and reported that the City's SuRRMA Board representative Chris Donan had requested to step down from the board. STATUS OF ISSUE: Mr. Hodge recommended Kevin Ashmore be appointed to serve as the City's representative on the SuRRMA Board. City Council and City Council approved the recommendation. The resolution before you is a formality to complete the process. BUDGET: NIA RECOMMENDATION: Approve the Resolution appointing Kevin Ashmore as the City's representative to the SuRRMA Board. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, RECOMMENDING KEVIN ASHMORE TO THE LAMAR COUNTY COMMISSIONERS' COURT FOR APPOINTMENT TO THE SULPHUR RIVER REGIONAL MOBILITY AUTHORITY BOARD OF DIRECTORS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Sulphur River Regional Mobility Authority ("SuRRMA") is a regional mobility authority comprising the Counties of Delta, Fannin, Hunt, and Lamar and authorized and existing pursuant to Chapter 370 of the Texas Transportation Code and the rules adopted by the Texas Department of Transportation concerning the operation of regional mobility authorities, located at 43 Tex. Admin Coe Sec. 26.01, et seq; and WHEREAS, pursuant to the Sulphur River Regional Mobility Authority Bylaws, last revised on February 15, 2018, § 4, "Board Appointments and Terms," the Lamar County Commissioners' Court shall appoint two (2) Directors, one specifically representing the City of Paris; and WHEREAS, the City Council finds that it is in the best interest of the City of Paris and SuRRMA to recommend to the Lamar County Commissioners' Court that it appoint Kevin Ashmore to represent the City of Paris on SuRRMA's Board of Directors; 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 Council of the City of Paris supports and recommends to the Lamar County Commissioners' Court that it appoint Kevin Ashmore as a member of the Board of Directors of the Sulphur River Regional Mobility Authority. Section 3. That the meeting at which this resolution was approved was conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 24th day of June, 2024. Mihir Pankaj, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Item No. 10 TO: Mayor, Mayor Pro Tem and City Council Grayson Path, City Manager Robert Vine, Deputy City Manager FROM: Doug Harris, Assistant City Manager SUBJECT: Change Order No. I to Agreements with Paris Texas Pickleball and Pro Tech Track & Tennis, Inc. DATE: June 24, 2024 BACKGROUND: At the May 13, 2024 regular meeting, City Council authorized agreements with Paris Texas Pickleball and Pro Tech Track & Tennis, Inc. for construction of eight (8) pickleball courts at the City of Paris Sports Complex, in the amount of $547,839.96. Paris Texas Pickleball is funding the comprehensive amount of the construction contract. STATUS OF ISSUE: Following execution of the agreements, Paris Texas Pickleball requested Pro Tech Track & Tennis, Inc. include fans to be placed in the two (2) shade structures and extend electric service from the courts to the nearest breaker panel. The contractor proposed $25,628.00 for the additional scope of work, requiring Change Order No. 1 to the agreements. Paris Texas Pickleball agreed to this amount and authorized the City to amend the agreement. Paris Texas Pickleball will fund the additional $25,628.00. BUDGET: With this Change Order No. 1, the revised contract amount is $573,467.96. Paris Texas Pickleball will fund the entire project amount with payments to the City of Paris. Pro Tech Track & Tennis, Inc. will invoice the City of Paris for construction costs, with invoices to be paid from funds received by the City from Paris Texas Pickleball. The first payment, in the amount of $383,487.97, was made to the City on May 14, 2024. The remaining amount of $189,979.99, which includes the amount identified in Change Order No. 1, will be paid to the City within five (5) business days of written notice from the City. RECOMMENDATION: Approve an amendment to the agreement between Paris Texas Pickleball and the City of Paris to include the Change Order No. 1 amount of $25,628.00, for their funding construction of eight (8) pickleball courts at the City of Paris Sports Complex, in the revised amount of $573,467.96, and authorize the City Manager to execute the amendment to the agreement. 2. Approve Change Order No. 1, in the amount of $25,628.00, to the construction contract with Pro Tech Track & Tennis, Inc., reflecting a revised contract amount of $573,467.96, to construct eight (8) pickleball courts at the City of Paris Sports Complex, and authorize the City Manager to execute Change Order No. 1 to the contract. CHANGE ORDER No. Project: _Pickleballmourts Date of Issuance: „,J,une X024 Contract For: Construction of eLc2Ml i-Pickleball courts at the C' f ari!i.5ports Corol)[@x .... ,...,..�...... ... ��� ._.._ .... .._... OWNER: Cit of Paris _ ... Contract Date. M@y `i4. 2P?4 _ Address:— _... CONTRACTOR: „Progfi.Track _Tennis ,jnc....... ....... ....m.. __.... ......_� .._ __ You are directed to make the following changes in the Contract Documents. Each Change Order shall be specific and final as to prices with no reservation or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. Description: om fhe nleut c l exon stub 5 feet ptoj tt� kab ac qss awi rk n�� ditnonas smel a j wllLtLe dower t !joOWe� I I fir ur w�dedr, prove aand_instaltl 4 i2l,oe,ilm undernea thewstlede, trn es. Purpose of Change Order: Adjust frggpst ase „on i ems lsfed in the Description ....___�... Attachments: PrQgosel frrarrp F?rn Te Track &j r �n ffafmore ofwork ire tifie ar srtion � � CHANGE IN CONTRACT PRICE. "' "--- CHANGE IN CONTRACT TIME _ . Original Contract Price Original Contract Time: $ 547 839 9 __ Net pnce change from previous Chang ' e Order(s)._--- . �.' Net change from previous Change Orders: Extras to date $ N/A_ Credits to date $ 0_.... _w.__ ....... (Days) Net s, Contract Price prior to this Change Order: µContract Time prior to thisµ Change Order $ 547. 339.96 ..... _. NIA... .._ Net Increasg .—• as e Des o Date Rane_ crease of thisChan a Order. Net Increase (Decrease) of this Change Order: Contract Price with all approved .,Chan aOrders: _. �C�r cmt Time with all approved Change Orders. NIA (Days or Date Range) Ori inalFunds.. __... Change g' Available For Chan a Orders: Remaining Funds Available For Change Orders: $_N A _......._......._ Additional Funding, If Necessary: $ . —ALA �.... Signature of the CONTRACTOR indicates that he/she has read this Change Order from and any referenced attachments and that he/she is in agreement herewith, including any adjustment in the Contract Price or Contract Time. Approved: r _ :CONT C .... ) Date: ate: 06.17.2024 June 17, 2024 CHANGE ORDER Pickleball Courts Construction 10111MIXOSIMI JUNE 14, 2024 CITY OF PARIS 2005 S. COLLEGIATE STREET PARIS, TEXAS, 75460 PERMIT # 24-000024 RE: PICKLEBALL COURT ELECTRICAL / FANS POWER INSTALL TO PICKLEBALL COURTS ■ Run electrical power from breaker panels to switching station, where an additional panel will be set to power to fans and plugs ■ Power to be run from the neutral location stub 5ft off of the slab (included in the original contract) across the parking lot to building as specified to power the neutral location provided. ■ Provide and install (2) ceiling fans underneath shade structures ➢ One under each structure ➢ 52" Haiku Outdoor (Big Ass Fan) Low Pro Solid Black with no light ➢ Control Mount ➢ See attached specifications and rendering of fans TOTAL: $ 25, 628.00 NOTE PRO TECH TRACK & TENNIS, INC. is NOT responsible for any irrigation systems, water lines, concrete sidewalks, or asphalt roads affected in the process of trenching for electrical needs. JOE PHILLIPS PRO TECH TRACK & TENNIS, INC. 903-570-7343 PO BOX 8024, TYLER, TEXAS 75711 903-570-7343 903-894-6461 AMENDMENT NO. 1 TO AGREEMENT Between the City of Paris, Texas and Paris Texas Pickleball. Re: Construction of Eight Pickleball Courts and Associated Fixtures at City of Paris Sports Complex This Agreement is entered into by and between the City of Paris, Texas, a Texas Home Rule Municipal Corporation ("City") and Paris Texas Pickleball, a Texas non-profit corporation, for the construction of eight (8) pickleball courts and associated fixtures (the "Project" or the "Improvements") at the City of Paris Sports Complex located at 2005 Collegiate Drive, Paris, Texas 75460 (the "Complex"). WHEREAS, on or about May 13, 2024, the City and Paris Texas Pickleball ("PTP") entered in to an agreement (the "Agreement") for the construction of eight pickleball courts and associated fixtures (the "Project") at the Paris Sports Complex (the "Complex") whereby PTP would pay the City the sum of FIVE HUNDRED FORTY-SEVEN THOUSAND EIGHT HUNDRED THIRTY-NINE AND 96/100 DOLLARS ($547,839.96); and WHEREAS after the commencement of construction, PTP has request the addition of fans in two (2) shade structures along with additional electrical work; and t WHEREAS, the contractor, Pro Tech Track & Tennis has proposed a change order to its original contract with the City in the amount of $25,628.00 for said additional improvements and PTP as agreed to provide the funds for same; WITNESSETH: The parties hereto hereby agree to amend Section 3.1 of the Agreement to change the definitions of "Final Payment" and "Total Cost" to read as follows: "'Final Payment"' shall mean a payment from PTP to the City in the approximate amount of ONE HUNDRED EIGHTY-NINE THOUSAND NINE HUNDRED SEVENTY-NINE AND 99/100 DOLLARS ($189,979.99)." "'Total Cost"' shall mean the total cost of the Construction Contract in the total amount of FIVE HUNDRED SEVENTY-THREE THOUSAND FOUR HUNDRED SIXTY-SEVEN AND 96/100 DOLLARS ($573,467.96)." The parties hereto hereby agree to amend Section 5.1 of the Agreement to change to read as follows: "5.1 In exchange for the PTP's funding the Project in the amount of FIVE HUNDRED SEVENTY-THREE THOUSAND FOUR HUNDRED SIXTY-SEVEN AND 96/100 DOLLARS ($573,467.96), the City will undertake the following obligations:" .. . The remainder of this section shall remain the same. The parties hereto hereby agree to amend Section 6.2 of the Agreement to read as follows: "6.2 Within five (5) business days written notice (which notice may be made by email) from the City, PTP will remit the Final Payment to the City in the approximate amount of ONE HUNDRED EIGHTY-NINE THOUSAND NINE HUNDRED SEVENTY-NINE AND 99/100 DOLLARS ($189,979.99). The Final Payment represents the remaining thirty percent (30%) of the Total Cost of the Construction Contract, which amount will become due and owing by the City to the Contractor upon completion of the Improvements and the passing of any inspections required thereon. In the unlikely event that the second and last payment to the Contractor should be more or less than $189,979.99, the City will notify PTP and adjust the amount of the Final Payment upwards or downwards accordingly. The City will deposit the Final Payment in the Project Account pending payment of the last payment to the Contractor." --Signature Page to Follow-- THE CITY OF PARIS, TEXAS Grayson Path, City Manager PARIS TEXAS PICKLEBALL By:_ Title: THE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Grayson Path, City Manager of the CITY OF PARIS, a Texas municipal corporation, known to me to be the person who's name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same on the City's behalf. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 2024. Notary Public Lamar County, Texas My commission expires THE STATE OF § COUNTY OF § This instrument was acknowledged before me on the . day of 2024, by . ... IT of PARIS TEXAS PICKLEBALL, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same on behalf of Paris Texas Pickleball. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF . 2024, Notary Public County, My commission expires AGREEMENT Between the City of Paris, Texas and Paris Texas Pickleball. Re: Construction of Eight Pickleball Courts and Associated Fixtures at City of Paris Sports Complex This Agreement is entered into by and between the City of Paris, Texas, a Texas Home Rule Municipal Corporation ("City") and Paris Texas Pickleball, a Texas non-profit corporation, for the construction of eight (8) pickleball courts and associated fixtures (the "Project" or the "Improvements") at the City of Paris Sports Complex located at 2005 Collegiate Drive, Paris, Texas 75460 (the "Complex"). WHEREAS, the sport of pickleball is surging in popularity across the nation and in Paris, Texas; and WHEREAS, the City lacks a sufficient number of pickleball courts to satisfy demand; and WHEREAS, a group of pickleball enthusiasts has incorporated under the name Paris Texas Pickleball ("PTP") as a non-profit corporation dedicated to furthering the sport in Paris and to raising funds to construct new courts; and WHEREAS, the City owns undeveloped property at the Complex compatible with the construction of pickleball courts; and WHEREAS, PTP has raised funds sufficient to cover the cost of eight (8) pickleball courts and associated fixtures and improvements at the Complex; and WHEREAS, the parties have identified PRO TECH TRACK & TENNIS, INC. ("Contractor') via The Interlocal Purchasing System ("TIPS"), a cooperative purchasing system of which the City is a member, and have agreed to engage Contractor to construct the Improvements on the land at the Complex at the total cost to PTP of $547,839.96; WITNESSETH: I. Effective Date 1.1 This Agreement shall take effect on May 13, 2024. II. Recitals 2.1 The Recitals set forth above are incorporated by reference as if fully set forth herein. III. Definitions 3.1 The following terms shall be defined as follows: "City" shall mean the City of Paris, Texas. "Complex" shall the City of Paris Sports Complex located at 2005 Collegiate Drive, Paris, Texas 75460. "Construction Contract" shall mean a contract between City and the Contractor for the construction of the Project. "Contractor" shall mean PRO TECH TRACH & TENNIS, INC. of Tyler, Texas. "Final Payment" shall mean a payment from PTP to the City in the approximate amount of ONE HUNDRED SIXTY-FOUR THREE HUNDRED FIFTY-ONE AND 99/100 DOLLARS ($164,351.99). "Initial Payment" shall mean a payment from PTP to the City in the amount of THREE HUNDRED EIGHTY-THREE FOUR HUNDRED EIGHTY-SEVEN AND 97/100 DOLLARS ($383,487.97). "Project" or "Improvements" shall mean the construction of eight (8) pickleball courts and associated fixtures and improvements at the Complex. "Project Account" shall mean an account created by the City within its financial records and accounts for the sole purpose of depositing funds remitted by PTP, and from which the City will make the required payments to the Contractor. "PTP" shall mean Paris Texas Pickleball, a Texas non-profit corporation. "Total Cost" shall mean the total cost of the Construction Contract in the total amount of FIVE HUNDRED FORTY-SEVEN THOUSAND EIGHT HUNDRED THIRTY- NINE AND 96/100 DOLLARS ($547,839.96). IV. Term and Effective Date 4.1 The effective date of this Agreement shall be May 13, 2024. 4.2 The term of this Agreement shall be from its effective date until the date the City accepts the Improvements and makes its last payment to Contractor. V. Consideration 5.1 In exchange for the PTP's funding the Project in the amount of FIVE HUNDRED FORTY-SEVEN THOUSAND EIGHT HUNDRED THIRTY-NINE AND 96/100 DOLLARS ($547,839.96), the City will undertake the following obligations: a. Provide land at the Complex for construction of the Improvements; b. Enter into a construction contract with Pro Tech for the construction of the Improvements; C. Oversee construction of the Project and waive permitting and inspection fees; d. Accept the Improvements subject to the passing of all required inspections as sole property of the City; and e. From the date of acceptance of the Improvements, assume all maintenance obligations with respect thereto. VI. Fundin Provisions 6.1 Within five (5) business days of the execution of this Agreement, PTP will remit to City the Initial Payment in the amount of THREE HUNDRED EIGHTY-THREE FOUR HUNDRED EIGHTY-SEVEN AND 97/100 DOLLARS ($383,487.97). The Initial Payment represents seventy percent (70%) of the Total Cost of the Construction Contract, which amount will become due and owing by the City to the Contractor upon completion and inspection of the post -tension slab. The City and will deposit the Initial Payment in the Project Account pending payment to Contractor as set forth in the Construction Contract and in this paragraph. 6.2 Within five (5) business days written notice (which notice may be made by email) from the City, PTP will remit the Final Payment to the City in the approximate amount of ONE HUNDRED SIXTY-FOUR THREE HUNDRED FIFTY-ONE AND 99/100 DOLLARS ($164,351.99). The Final Payment represents the remaining thirty percent (30%) of the Total Cost of the Construction Contract, which amount will become due and owing by the City to the Contractor upon completion of the Improvements and the passing of any inspections required thereon. In the unlikely event that the second and last payment to the Contractor should be more or less than $164,351.99, the City will notify PTP and adjust the amount of the Final Payment upwards or downwards accordingly. The City will deposit the Final Payment in the Project Account pending payment of the last payment to the Contractor. 6.3 The City will be the named party on the Construction Contract and will be responsible for all aspects thereof including the forwarding payment due to Contractor thereunder. PTP will not be a named party in the Construction Contract, but will be responsible for the funding obligations set forth in this Section VI and for providing guidance and technical assistance as needed during the construction of the Improvements. VII. Conditions 7.1 The terms and conditions of this Agreement are binding upon and enforceable against and with respect to the successors and assigns of all parties hereto. 7.2 It is understood and agreed between the parties that PTP, in performing its obligations hereunder, is acting independently; the City assumes no responsibility or liability in connection therewith to third parties; and PTP agrees to indemnify and hold the City harmless therefrom. It is further understood and agreed among the parties that the City, in performing its obligations hereunder, is acting independently; PTP assumes no responsibility or liability in connection therewith to third parties. VIII. Authorit to Contract 8.1 This Agreement was authorized by resolution of the City Council at its regularly scheduled meeting on the 13th day of May, 2024, authorizing the City Manager to execute the Agreement on behalf of the City. 8.2 This Agreement was entered into by PTP pursuant to the authority granted to the authorized official whose signature appears below. 8.3 This Agreement shall constitute a valid and binding Agreement between the City and PTP when executed in accordance herewith. IX. Legal 9.1 Amendment. No officer, official or agent of the City has the power to amend, modify or alter this Agreement or waive any of its conditions or to bind the City by making any promise or representation not contained herein. 9.2 Assi nab l ty. This Agreement, except by operation of law, shall not be assigned or transferred by Fikes without the prior written consent of City, which consent shall be at the sole discretion of the City. 9.3 Notice. Any written notice required or permitted under the terms of this Agreement shall be given and be deemed to have been duly served if either (1) delivered in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the United States mail, addressed to the designated representative of the respective parties which are designated as follows: PTP: Paris Texas Pickleball Attn: Sue Hays 3498 FM 196 N PARIS, TX 75462 CITY: CITY OF PARIS, TEXAS Attn: City Manager P.O. Box 9037 Paris, TX 75461-9037 With a co to: City Clerk, City of Paris, Texas (address same as above) City Attorney, City of Paris, Texas (address same as above) 9.4 Severability;. If any term or provision of this Agreement shall be declared unconstitutional or void by any court of competent jurisdiction, the constitutionality and validity of the remainder of said Agreement shall not be affected thereby, and to this end the terms and provisions of this Agreement are declared to be severable. 9.5 Entire A reement and Governin Law. This Agreement sets forth the entire understanding between the parties, and any other understandings or agreements shall be canceled and superseded by this Agreement upon the date of execution hereof. None of the terms of this Agreement shall be waived, discharged, altered or modified in any respect, except by an Agreement in writing signed by both parties and specifically referring to this Agreement. The captions in this Agreement are included for convenience only and shall not be taken into consideration in any construction or interpretation of this Agreement or any of its provisions. This Agreement is performable in Lamar County, Texas, and shall be governed by, construed and enforced in accordance with the laws of the State of Texas. The provisions of this Agreement shall apply to, bind and inure to the benefit of the City, Fikes, and their respective successors, and permitted assigns, if any. 9.6 Venue. Venue for any actions arising under this Agreement shall lie exclusively in the courts of Lamar County, Texas for any State Court action, and in the U.S. District Court for the Eastern District of Texas for any federal court action. 9.7 Drafting. PTP and the City have both contributed to the drafting of this Agreement, and no ambiguity, if any, contained in this Agreement shall be construed against either party. 9.8 Governmental Powers. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 9.9 Non -Waiver. The failure of the City or PTP to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or PTP respective right to insist upon appropriate performance or to assert any such right on any future occasion. 9.10 Force Maieeure. The City and PTP shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 9.1 No Waiver of Governmental Immunity. Nothing contained in this Agreement shall be construed as a waiver of City's governmental immunity, or of any damage caps or limitations imposed by law, or any other legal protections granted to City by law, except to the extent expressly provided or necessarily implied herein. 9.12 Mandato Ownership Disclosure Provision. PTP, in compliance with the laws of the State of Texas, will execute and file Form 1295, notice of interested parties, which can be found on the website of the Texas Ethics Commission at htt sry//wwwmmethics,;state.tx.us/filin infolQuickFileARe�ort. m 9.13 Mandato Anti -Boycott and Other Provisions,. PTP acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. i. Pursuant to Section 2271.002 of the Texas Government Code, PTP 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. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. ii. Pursuant to SB 13, 87th Texas Legislature, PTP 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. PTP acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iii. Pursuant to SB 19, 87th Texas Legislature, PTP certifies that either (i) it meets an exemption criterion under SB 19, 87th Texas Legislature; or (ii) it does not discriminate against a firearm entity or firearm trade association, as defined in Section 1 of SB 19, 87th Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the term of the Agreement. PTP acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iv. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, PTP certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. PTP acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. --Signature Page to Follow-- THE CITY OF PARIS, TEXAS Cit IT Grayson a y Manager r PARIS TEXAS PICKLEBALL 4Wi,/ m_ ........ By: Sue Hays Title: Paris Texas Pickleball THE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Grayson Path, City Manager of the CITY OF PARIS, a Texas municipal corporation, known to me to be the person who's name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same bn the City's behalf. 1 GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE 1� DAY OF R'" 2024. `,.zlavv��,, DENENE JOHNSON Z:' .�z Notary Public, State of Texas IN'...4 Q Comm. Expires 03-16-2027 i "I: .�� Notary ID 126036216 f w Notary Public Lamar Conty, Texas My commission expires bZ4, - c 0aJ� THE STATE O § COUNTY OF� Dv`- § 2 24 b was ack owledged before frPARIS TEX S PICKLEBALL, kA�on This instru nt ome to 0 , be the person whose na a is subscribed to the foregoing instrument, and acknowledged that she executed the same on behalf of Paris Texas Pickleball. GIVEN UN' ER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF W , 2024. �" pis' • HELEN ELAINE BROWN 126618873 Notary Publi •County, My Notary ID # Expires August 8, 2024 O •'T'•••=�'My commission expires CONSTRUCTION CONTRACT—EIGHT (8) PICKLEBALL COURTS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § This Construction Contract—Eight (8) Pickleball Courts (the "Contract") is made and entered into by and between PRO TECH TRACK & TENNIS, INC., P.O. Box 8024, Tyler, Texas 75711, a Texas corporation (hereinafter referred to as "Contractor'), and the City of Paris, Texas, a home -rule municipal corporation (hereinafter referred to as "City") to be effective from and after the date herein provided. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: I. EFFECTIVE DATE The effective date of this Agreement shall be May 13, 2024. II. CONTRACT DOCUMENTS That the contract documents which are hereby made a part of this Agreement by actual attachment and are incorporated herein by reference hereto are as follows: Exhibit 1 Scope of Work Exhibit 2 Insurance Requirements 111111. COMPLIANCE WITH COMPETITIVE BIDDING LAWS The parties hereto acknowledge that the City procured this Contract via interlocal agreement with The Interlocal Purchasing System (TIPS), thus satisfying competitive bidding laws. IV. THE WORK Contractor shall provide all labor, supervision, materials, and equipment necessary for construction of eight (8) pickleball courts at the City of Paris Sports Complex, in accordance with the Scope of Work attached hereto as Exhibit 1, provided, however, that in the event of a perceived conflict or ambiguity between the Contract and Exhibit 1, the provisions of this Agreement, the Contract shall control. The value of this Contract and the amount the City will pay to Contractor is FIVE HUNDRED FORTY-SEVEN THOUSAND EIGHT HUNDRED AND THIRTY-NINE AND 96/100 DOLLARS ($547,839.96), which amount includes accessories specified in Exhibit 1 in the amount of $60,548.00. V. TERMITIME OF COMPLETION Contractor shall commence work under this Contract within_ 10 business days following receipt of a Notice to Proceed or work order from the "City. agrees to complete all work called for under this agreement in a professional and timely fashion and in accordance with the work orders received, and in any event, no later than August 31 , 2024. VI. PAYMENT The City shall pay Contractor in current funds THREE HUNDRED EIGHTY- THREE FOUR HUNDRED EIGHTY-SEVEN AND 97/100 DOLLARS, representing seventy percent (70%) of the total contract price, upon completion of the post -tension slab including any necessary inspections. Contractor shall notify the City in writing when this occurs, and City shall make such payment within fourteen (14) days of such notification. The City shall pay the remaining thirty percent (30%) of the Contract price, in the amount of ONE HUNDRED SIXTY-FOUR THOUSAND THREE HUNDRED FIFTY- ONE AND 99/100 DOLLARS upon acceptance of the work. VII. INSURANCE AND INDEMNIFICATION Before commencing work, the Contractor, at its own expense, procure, pay for and maintain during the term of this Contract insurance in accordance with the requirements set forth in Exhibit 2 hereto, written by companies approved by the State of Texas, and acceptable to the City of Paris. The Contractor shall furnish to the City Clerk copies of the insurance policies required herein stating coverages, limits, expiration dates and compliance with all applicable required provisions. 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 by the State of Texas. The policy or policies shall be written or endorsed to cover the City, its elected officials, officers and employees as additional insured. Contractor or its 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 Agreement, and any extensions hereof, and specifically noting thereon that the City, its elected officials, officers and employees are covered as an additional insured. All such policies shall be written so that the City 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 City at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. The Contractor and its sureties shall defend, indemnify, and hold the City, its elected officials, officers and employees harmless from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act or intentional wrongful act or omission of the Contractor, his agents, employees or subcontractors in the performance of said contract; or on account of the failure of the Contractor to provide the necessary barricades, warning lights or signs; and Contractor and its sureties shall be required to pay any judgment, with cost including attorneys' fees, which may be obtained against the City growing out of such injury or damage. The Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless the City from and against any and all injuries, loss or damages to property of the City during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses or invitees of the City. VIII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. IX. TERMINATION City shall have the right to unilaterally terminate this agreement should Contractor abandon or fail to supplies sufficient materials, workers, and/or proper equipment as agreed and specified. Such termination shall be for cause, and upon such termination for cause, City will owe no further amounts under this Contract. Should Owner terminate this agreement without proper cause, Contractor will receive full value of the expenses and costs of work performed up to the date of termination. X. CHOICE OF LAWS VENUE CONTRACT INTERPRETATION The parties agree that the laws of the State of Texas shall apply to this Agreement, and that it is performable in Lamar County, Texas. The parties further agree that exclusive venue shall lie in Lamar County Texas. XI. ENTIRE AGREEMENT- AMENDMENTS SUCCESSORS AND ASSIGNS This Construction Agreement, including the contract documents listed in Article II herein, represent the entire and integrated agreement between City and Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Construction Agreement may be amended only by written instrument signed by both City and Contractor. This Construction Agreement is binding upon and shall inure to the benefit of the parties hereto and their respective successors. XII. FORM 1295 Contractor, in compliance with the laws of the State of Texas, will execute and file Form 1295, notice of interested parties, which can be found on the website of the Texas Ethics Commission at htts:Uwww.ethics.state.tx.us/filin info/QuickFileARe ort. h. XIII. MANDATORY ANTI -BOYCOTT 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, 871h 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, 87th 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. 4 IN WITNESS WHEREOF, the parties hereto have set their hands by their representatives duly authorized on the day and year first written above. ATTEST: CITY OF PARIS, TEXAS By: Grayso4P,City Manager Harris, City Attorney PRO TECH TRACK & TENNIS, INC., Contractor By: .5be illiam Phi lips Owner/President ACKNOWLEDGMENTS BEFORE ME, the undersigned authority, on this day personally appeared Grayson Path, City Manager of the City of Paris, Texas, known to me to be the person whose same is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of May, 2024. h Notary Public, State ;f Texas o Notary Public, State of Texas STATE OF TEXAS Comm. Expires 03 -16-2027 i § ,,,,,,�.� Notary ID 126036216 1 COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Joe William Phillips, Owner/President of PRO TECH TRACK & TENNIS, INC., 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 3 day of Ma 024. BRIAN KEITH HEBERT " Notary Public Notary Public, State of Texas �n STATE OF TEXAS ID# 133761393 My Comm. Exp. Ma 13, 2026 2 EXHIBIT 1 00/ TECH CONSTRUCTION CONTRACT APRIL 22, 2024 CITY OF PARIS 2005 S. COLLEGIATE STREET PARIS, TEXAS, 75460 RE: PICKLEBALL COURTS CONSTRUCTION (8) COURTS P R 0 T E C H T R A C K& T E N N I S, I N C. hereby agrees provide all labor, equipment, and materials to perform the following scope of work: SCOPE OF WORK Provide all necessary dirt -work and needed soils to prepare site for post -tension slab placement. ✓ Pad to be prepared for the following placement: ✓ (2)136' x 64' post -tension slabs ✓ Remove 3-4 inches of gross and vegetation and stockpile at city of Paris site as specified by Bill Loranger ✓ Build pad as specified and drain to the Northwest corner, to release water by maintenance shed. Approximately 260 yards. Fill material topped with sand. ✓ Fine grade pad to slope +/- 1% Provide and install trench drain along the North side of court for proper drainage. - All necessaryflatwork as specified. ✓ 20'x 136' center walkway/seating area ✓ ADA ramp approximately 20'x 6' - Form, place, and finish (2) 136'x 64'5 -inch -thick post -tension slobs. ✓ Provide and install vapor barrier before concrete installation. ✓ Provide post -tension inspection of cables and keyways prior to concrete pour. ✓ Provide post -tension stress following concrete pour. ✓ There will be a 30 day cure time once concrete pours are completed before coatings can be installed - Provide stamped engineered drawings. - Provide and install 568 LF Sft Black vinyl fencing. ✓ 4 -inch corner and gate posts 1Oft centers ✓ 3 -inch line posts ✓ Top and middle rail with bottom wire ✓ Install4ft gates as specified. - Provide and install 656 LF 4ft Black vinyl fencing. ✓ Top roil with bottom wire ✓ Install4ft gates as specified. - Provide and install Black 8ft fence slots in lieu of Windscreens - Provide and install Complete LSI Courtsider Lighting System as specified. ✓ (12) light poles with (16) fixtures 50001(color temperature 448 Watts 60,000 Lumens ✓ Concrete footings and anchor bolts to be installed to specification of the engineered drawings. ✓ Electrical to be stubbed at a neutral location 5ft outside of slob. ✓ See attached lighting layout and specification. - Provide and (4) electrical outlets on (4) of the light poles as specified by OWNER - Provide and install Complete Acrytec Coloring System (OWNER to choose colors) ✓ Acid etch new concrete ✓ Prime concrete ✓ Level any areas which may hold water if needed PAGE 11 PO BOX 8024 TYLER, TEXAS 75711 903-570-7343 903-894-6461 ✓ Install Acrylic Resurfacer ✓ Install Color Coating System ✓ Stripe lines for Pickleball Acrytec Textured Line Paint - Provide and install sleeved Pickleball nets and posts (8) sets ✓ Black internal wind SCOPE TOTAL -$476,550.00 COURT ACCESSORIES - Provide and install (4) 8ft surface mount Cabana Benches with Canopy ✓ 8ft in length 6ft in width ✓ Black powder coated heavy gauge steel posts 3'x 3' ✓ Pacific Blue canopy cover - Provide and install (4) sets 3 row bleachers H-4406 ✓ 15'x 5'x 2' with 30 person seating capacity each ✓ Placed in place on viewing/walkway - Provide and install (2) 20'x 14'shode canopies TC201411N ✓ T cantilever bleacher shade structure ✓ 11ft tall ✓ In ground embedded mount ✓ Glide elbow model ✓ Aquatic Blue color shade, Black Frame ACCESSORIES TOTAL: $60,548.00 COOPERATIVE FEES - TIPS USA requires a 2%fee of the project total TOTAL: $ 10,741.96 COSTS SUMMARY SCOPE OF WORK $476,550.00 COURT ACCESSORIES $60,548.00 TIPS USA FEES $10,741.96 BASE PROJECT GRAND TOTAL: $ 547,839.96 EXCLUSIONS - No Permits - No Testing - No Utilities - No Costs/Contingencies for underground utilities that have not been identified by OWNER. - No Allowances/Contingencies other than specified above. - No Temporaryfencing - No bonding - No additional electrical other than what is specified in the "Scope of Work" PAGE 12 PO BOX 8024 TYLER, TEXAS 75711 903-570-7343 903-894-6461 L -CH CONDITIONS - PRO TECH TRACK & TENNIS, INC to provide general liability, automotive and workman's compensation insurance coverage as required. - PRO TECH TRACK & TENNIS, INC will provide project final clean-up of work area relating to scope of work. - OWNER will be responsible for providing the necessary water to complete the entire scope of work. - if color or design selection or accessory choices change after approved selection, additional costs will be incurred and the Owner shall grant PRO TECH TRACK & TENNIS, INC. extension of time for the delay. - Owner will be responsible for costs of any/all vandalism that could occur over the duration on the project directly related to the scope of work. WARRANTY PRO TECH TRACK & TENNIS, INC. warrants and guarantees that it shall perform all work in a good and workmanlike manner, in conformity with design and industry standards. Neglect of product and/or vandalism is not under warranty. An act of God is not covered under warranty. PRO TECH TRACK & TENNIS, INC. provides a TWO -year warranty on construction and surfacing. The warranty is from the date of substantial completion. DISCLAIMER New surface will not resist the effects of strong detergents, cleaners, oil, or any other types of solvents besides water. New surface will not resist cleats or other sharp objects that may scratch the surface. Use of bikes, skates and other recreation scooters or vehicles will not be allowed on the new surface. New surface warranty does not cover cracks; cracks are pre- existing problems that may reappear because of weather or an act of God. Even when color coatings are applied with care by a skilled operator, some squeegee marks and other slight variations in color and texture are inevitable. This is because of the formulation of acrylic causes components to migrate to the edge of the material as it is being applied. As a result an observer will be able to spot where the material was poured on the surface, where the squeegee operator turned to make a pass in the opposite direction or where one pass overlapped another. Squeegee marks will be more visible on lighter colors and more common when coatings are applied in hot weather or when they include coarser sand. Humidity, angle of the sun when the acrylic is applied and otherfactors all may affect the frequency and visibility of these marks. Due to the nature of the material and the human element in court construction, squeegee marks are likely to occur, like marks in newly vacuumed plush carpet or newly mowed grass. They will not affect play and will become less visible as the court wears and ages. PLEASE INTIAL HERE SCHEDULING All project activity shall be scheduled and coordinated with PRO TECH TRACK & TENNIS, INC. No work will take place during days when inclement weather is apparent. Necessary extensions in time may be required due to complications resulting from weather and / or conditions out of control of PRO TECH TRACK & TENNIS, INC. OWNER will need to ensure all other trades will not interfere with court construction. OWNER will be responsible for vandalism during the construction process. SCHEDULE OF VALUES 70% UPON COMPLETION OF POST -TENSION SLAB $ 3 8 3, 4 8 7.9 7 30% UPON SUBSTANTIAL COMPLETION OF SCOPE x$ 164,_351.99 TOTAL $ 547,839.96 NOTE Due to the payment terms listed above PRO TECH TRACK & TENNIS, INC. requires a 10 business day turn around once completed scope is invoiced. PAGE 13 PO BOX 8024 TYLER, TEXAS 75711 903-570-7343 903-894-6461 �' By accepting this contract bid, the OWNER is agreeable to all the terms and conditions herein. The bid along with the Scope of Work, Exclusions, Conditions, and Schedule of Values are listed. This contract price includes pricing for all plans and specifications, to the scope of work provided by the OWNER prior to the bid. Any changes to the plans and/or specifications, to the scope of work provided by the OWNER may result in a change order. CONTACTS J O E P H I L L I P S Point of contact, Project Manager, Owner/President PRO TECH TRACK & TENNIS, INC. 903-570-7343 cell 903-894-6461 office J O D Y PHILLIPS Office Manager, Accounts prtchtracktennis@aol.com OFFERED BY PRO TECH TRACK & TENNIS, INC. BY:*OILL14AM .m.. — —... DATE: PHILLIPS OWNER/PRESIDENT ACCEPTED BY -- .......... (OWNER) BY: PRINTED NAME AND TITLE DATE: The above prices, specifications and conditions are satisfactory and are hereby accepted. Payment will be made as outlined above. Receipt of the signed contract will assure immediate placement on our schedule. WE APPRECIATE YOUR BUSINESS! PRO TECH TRACK & TENNIS, INC. PO BOX 8024 TYLER, TEXAS 75711 903-570-7343 PAGE 14 PO BOX 8024 TYLER, TEXAS 75711 903-570-7343 903-894-6461 °tH ACCESSORY PICTURES 3 Row Bleacher Seating Capacity 30 15'x5'x2' Cabana Bench 8' long 6' wide Pacific Blue T Cantilever Shade 20'x14' 11' tal I Embedded install Glide Elbow Model Pacific Blue Shade TC2104111 PAGE 15 PO BOX 8024 TYLER, TEXAS 75711 903-570-7343 903-894-6461 . tQ I.,- 1I • r • n � 1" • • •a chi f v1 Ln O n co V O x V H�vi� vi Ln vi Y d d N �- N O Ln Ln LU Q �9w o V E z 3oy5p13��oFs�yy i� w73 a E E m a aj jg . tQ I.,- 1I • r • n � 1" • • •a chi f v1 Ln O n co V O x V H�vi� vi Ln vi Y d d N �- N O Ln Ln LU Q �9w EXHIBIT 2 Attachment B INSURANCE RE OUIREMENTS 1. General Insurance Rea uirements: 1.1 The Contractor shall not start work under this Contract until the Contractor has obtained at his own expense all of the insurance called for hereunder and such insurance has been approved by the City; nor shall the Contractor allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the Contractor. Contractor must submit appropriate certificates of insurance detailing the required coverage before the contract can be awarded. In certain instances, properly signed policy endorsements and/or certified copies of insurance policies showing the required coverage will be required. 1.2 The Contractor shall require all subcontractors to maintain during the term of this agreement, Commercial General Liability insurance, Business Automobile Liability insurance, and Workers' Compensation and Employer's Liability insurance, in the same manner as specified for the Contractor. The Contractor shall furnish subcontractors' certificates of insurance .to the City immediately upon request. 1.3 All insurance policies required hereunder shall be endorsed to include the following provision: "It is agreed that this policy is not subject to cancellation, non -renewal, material change, or reduction in coverage until ten (10) days prior written notice has been given to the City Engineer, City of Paris". 1.4 No acceptance and/or approval of any insurance by the City shall be construed as relieving or excusing the Contractor, or the surety, or its bond, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents. 1.5 The City of Paris (including its elected officials, officers and employees) is to be named as an additional insured under all insurance policies under this Contract except Workers' Compensation and Automobile Liability, and the certificate of insurance, or the certified policy, if requested, must so state. Coverage afforded under this paragraph shall be primary as respects the City, its elected officials, officers and employees. 1.6 The Contractor shall provide insurance coverage for this contract and/or project as specified in the "Insurance Checklist" attached hereto. Full limits of insurance required by the checklist attached shall be available for claims arising out of this contract and/or project. A copy of the insurance policies and/or endorsements issued for this project or properly executed Acord Certificate shall be submitted to the City prior to commencement of work. 1.7 The Contractor covenants to save, defend, hold harmless and indemnify the City and its elected officials, officers and employees (collectively the "City") from and against any and all claims, loss, damage, injury, cost (including court costs and attorney's fees), charges, liability or exposure, however caused, resulting from or arising out of or in any way connected with the Contractor's performance or non-performance of the terms of the Contract Documents or its obligations under the Contract. This indemnification shall continue in full force and effect until the Contractor completes all of the work required under the Contract, except that indemnification shall continue for all claims involving products or completed operations after final acceptance of the work by the City for which the City gives notice to the Contractor after the City's final acceptance of the work. 1.8 The Contractor shall be responsible for the work performed under the contract and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all descriptions used in connection with the work. The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted work, until final acceptance of the work by the City. L9 Insurance coverage required in these specifications shall be in force throughout the Contract Term. Should the Contractor fail to provide acceptable evidence of current insurance within seven (7) days of written notice at any time during the Contract Term, the City shall have the absolute right to terminate the Contract without any further obligation to the Contractor, and the Contractor shall be liable to the City for the entire additional cost of procuring performance and the cost of performing the incomplete portion of the Contract at time of termination. 1.10 Contractual and other liability insurance provided under this Contract shall not contain a supervision, inspection or engineering services exclusion that would preclude the City from supervising or inspecting the project as to the end result. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractor. 1.11 Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City. The Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it. 1.12 Precaution shall be exercised by the Contractor at all times for the protection of persons, (including employees) and property. All existing structures, utilities, roads, services, trees and shrubbery shall be protected against damage or interruption of service at all times by the Contractor and its subcontractors during the term of the Contract, and the Contractor shall be held responsible for any damage to property occurring by reason of its operation on the property. 1.13 All required insurance coverage must be acquired from insurers authorized to do business in the State of Texas and acceptable to the City. The City prefers that all insurers also have a policyholder's rating of "A-" or better, and a financial size of "Class VI" or better in the latest edition of A.M. Best, or A or better by Standard and Poors; exceptions to this policy may only be approved in writing by the City Manager or City Finance Director. 1 a14 The City will consider deductible amounts as part of its review of the financial stability of the bidder. Any deductibles shall be disclosed in the Checklist and all deductibles will be assumed by the Contractor. Contractor/Vendor may be required to provide proof of financial ability to cover deductibles, or may be required to post a bond to cover deductibles. 2. Contractor's Insurance - "Occurrence" Basis: 2.1 The Contractor shall purchase the following insurance coverage, including the terms, provisions and limits shown in the Checklist. 2.1.1 Commercial General Liability -Such Commercial General Liability policy shall include any or all of the following as indicated on the Checklist: General aggregate limit is to apply per project. ii. Premises/Operations: iii. Actions of Independent Contractors; iv. Products/Completed Operations to be maintained for one year. Final completion and acceptance of the work, with evidence of same filed with owner. V. Contractual Liability including protection for the Contractor from claims arising out of liability assumed under this contract; vi. Personal Injury Liability including coverage for offenses related to employment; vii. Explosion, Collapse, or Underground (XCU) hazards; if applicable. Coverage required for any and all work involving drilling, excavation, etc. 2.1.2 Business Automobile Liability including coverage for any owned, hired, or non -owned motor vehicles and automobile contractual liability. 2.1.3 Workers' Compensation - statutory benefits as required by the State of Texas, or other laws as required by labor union agreements, including Employers' Liability coverage. 2.2 Owner's Protective Liability Insurance: In addition to the insurance described above, the Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under the contract, an owner's protective liability insurance policy naming the Owner and Engineer as insured for property damage and bodily injury, including death, which may arise in the prosecution of the work or Contractor's operation under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Limits of liability shall be as follows: Bodily Injury $500,000 each occurrence Property Damage $500,000 each occurrence INSURANCE CHECKLIST Construction Projects ("X" means the coverage is required.) Covera p Rewired X 1. Workers' Compensation & Employers' Liability disease ® 2. For Future Use 3. City Approved Alternative program Workers' Comp. Program X 4. General Liability X 5. General aggregate applies per project (CGL) X 6. Premises/Operations X 7. Independent Contractors X 8. Products X 9. Completed Operations X 10. Contractual Liability X 11. Personal Injury Liability X 12. XCU Coverages X 13. Automobile Liability Property X 14. Owned, Hired & Non -owned Limits 'Fi aures Denote Minimums', Statutory limits of State of Texas $100,000 accident $100,000 $500,000 policy limit disease $150,000 medical, safety Minimum $500,000 each incident $1,000,000 occurrence Complete entry No. 26 (Items No. 3-10 & 12 require) 1599000 combined single limit for bodily injury and property damage damage each occurrence with $1,000,000 general aggregate that applies to project under contract $500,000 each offense & aggregate $500,000 Bodily Injury & Damage each accident 15. Motor Carrier Act Endorsement 16. Professional Liability $500,000 Bodily Injury & Property Damage each accident. 17. Garage Liability $ BI & PD each occurrence — 18. Garage keepers' Legal $ - Comprehensive $ - Collision X 19. Owners Protective $500,000 Combined single limits Liability X 20. City named as additional insured on other than W/C and Auto. This coverage is primary to all other coverages the City may possess. X 21. City provided with Waiver of Subrogation on Workers' Compensation or Alternative program if applicable. X 22. Ten (10) days notice of cancellation, non -renewal, material change or coverage reduction endorsement required. The words "endeavor to" and "but failure" (to end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates. X 23. The City of Paris prefers an A.M. Best's Guide Rating of "A-", "VI" or better or Standard and Poor's Rating AA or better; authorized to do business in the State of Texas (not applicable for workers' compensation assigned through pool or alternative compensation programs). X 24. The Certificate must state bid number and bid title or project name. 25. Other insurance Required: N/A No. 11 TO: Mayor, Mayor Pro Tem & City Council FROM: Grayson Path, City Manager SUBJECT: TIRZ Expense DATE: June 24, 2024 BACKGROUND: The TIRZ Board Bylaws, Article I, Section 2 states: "The City Council must approve all programs and, eoenditures for the Zone and annually review any financial statements of the Zone. " At the April 22, 2024 City Council meeting, pre -approval was given to authorize the expenditure of TIRZ Funds to hold an educational training conducted by the Texas Comptroller's Office to the TIRZ Board. This presentation was held on May 9, 2024. STATUS OF ISSUE: The Texas Comptroller Office submitted receipts to the City and TIRZ Board on May 20th for reimbursement. The TIRZ Board authorized their expense on June 13, 2024. In accordance with the TIRZ Board Bylaws, while the City Council has already provided pre -approval, for lack of an official procedure, this item is being brought back for final approval. BUDGET: Receipts totaling $87.27 were submitted for fuel and car rental (available upon request). These funds were paid out of the TIRZ Fund. Given the pre -approvals provided and the fees appeared reasonable, this amount has already been paid, however, the TIRZ Board is seeking final post approval by the City Council. RECOMMENDATION: 1. Authorize the expenditure of TIRZ Funds for the May 9, 2024 Texas Comptroller Office presentation in the amount of $87.27. Item No. 12 Memorandum TO: Mayor, Mayor Pro -Tem & City Council Grayson Path City Manager FROM: Robert G. Vine, Deputy City Manager SUBJECT: Maintenance Agreement with Moonlighting Inc. for Downtown Plaza Tree Lights DATE: June 24, 2024 BACKGROUND: In the Spring of 2022, Staff, and then Mayor Paula Portugal, began meeting with members of the Paris Downtown Association along with Suzy Harper, with Light Up Paris TX, to discuss a plan to install lights in the trees on and around the downtown plaza. As this project was not budgeted by the City, the decision was made that the majority of the expenses associated with this particular project would be paid by Light Up Paris, TX, with donated funds. City Administration saw this as an opportunity for a partnership to improve the downtown district and the City's expected contribution was to fund a maintenance agreement with Moonlighting Inc. [the installer of the lights] for the lights placed in and around the trees on the plaza after they were installed for a period of one year in the amount of $10,000. The expectation was this agreement could be renewed annually with a moderate increase in cost associated with materials to be considered. The cost of installing these lights on and around the trees on the plaza totaled $210,000. STATUS OF ISSUE: The City Council approved the FY 23-24 budget which included a $10,000 line item specifically designated for a maintenance agreement with Moonlighting Inc. for the maintenance of the tree lights on the plaza. Once the budget was approved, Staff worked with Light Up Paris, TX and Moonlighting Inc. to draft a maintenance agreement, which was intended to begin October 1, 2023, and end September 31, 2024. This process took much longer than expected and/or desired. During this time, approximately $13,000 worth of maintenance, which Moonlighting has not been compensated for due to the maintenance agreement not being in place. Staff believe that a $10,000 price tag for such a maintenance agreement is a fair price when the number of hours, cost of the lighting, use of a lift, expertise and frequency are considered. Light Up Paris, TX, have transferred ownership of these lights to the City of Paris and they have been listed as an insured item. On June 18, 2024, the City and Moonlighting Inc. agreed on the terms of an agreement for the maintenance of the tree lights on and around the plaza. Staff believe that even though no written agreement was in place, the original plan was for the City to fund this maintenance agreement to protect the large investment in our downtown area and recommends the agreement be approved with the retroactive start date of October 1, 2023, and an expiration date of September 31, 2024. This is what was originally discussed, intended and agreed upon by those in the planning meetings. BUDGET: $10,000 was budgeted for this item in the FY23-24 Budget which was adopted by the City Council and these funds are still available for this purpose. OPTIONS: 1. Approve the agreement with Moonlighting Inc. in the amount of $10,000.00 for the maintenance of the plaza light with the term dates of October 1, 2023, to September 31, 2024, and allow the City Manager to sign. 2. Do not approve the agreement as presented. RECOMMENDATION: Staff recommendation is to approve the agreement with Moonlighting Inc. in the amount of $10,000 for the maintenance of the plaza light with the term dates of October 1, 2023 to September 31, 2024, and allow the City Manager to sign. INDEPENDENT CONTRACTOR AGREEMENT I. PARTIES: This Independent Contractor Agreement ("Agreement") is entered into by and between Moonlighting, Inc. (the "Contractor") and City of Paris, Texas, a municipal corporation located in Lamar County, Texas (the "City"). II. ENGAGEMENT: Beginning _ 2024 ("Commencement Date") until this Agreement is terminated as provided for herein, Contractor will provide to City certain maintenance services related to the lighting installed by Contractor in the trees on and around downtown Paris Plaza as described on Exhibit „A attached hereto and incorporated herein ("Services"). III. CONSIDERATION: For the Services rendered by the Contractor under this Agreement, the Contractor will be paid a fee up to and not to exceed $10,000.00 per year, as measured from the Commencement Date, for the duration of this Agreement. Contractor will submit quarterly invoices to the City outlining the Services rendered and expenses related thereto. The City will pay Contractor within thirty (30) days following receipt of an invoice. The fee referenced in this Article III shall cover any and all expenses incurred by Contractor in the performance of the Services hereunder such that no other expenses shall be reimbursed by the City unless agreed to in writing by the City. IV. INDEPENDENT CONTRACTOR: The Contractor acknowledges that he will operate in an independent capacity from the City and will receive an IRS Form 1099 for any payments made to the Contractor. Contractor will at all times be an independent contractor of City and nothing contained herein shall be construed to create the relationship of employer and employee between City and Contractor. Contractor acknowledges he will be responsible for all taxes associated with the payments made by City to Contractor. V. NO OTHER AGREEMENTS: This Agreement supersedes all other agreements, either oral or written, between the parties to this Agreement and may not be modified or altered except by an agreement in writing. VI. GOVERNING LAW: This Agreement is governed by the law of the State of Texas and venue for any matter arising out of this Agreement shall be in Lamar County, Texas. VII. TERM: The term of this Agreement shall be one (1) year following the Commencement Date. Notwithstanding the foregoing to the contrary, either party may terminate this Agreement at any time for any or no reason by giving the other party thirty (30) days advance written notice. Notice shall be deemed effective when deposited with the US Postal Service for delivery to the addresses set forth in Paragraph XII herein. VIII. INSURANCE: Contractor shall, at its own expense, obtain and maintain insurance as reasonably required by the City and as set forth in Exh.ib,it B„hmereto. The parties acknowledge 10 that Contractor has previously submitted evidence of insurance which is acceptable by the City. IX. HOLD HARMLESS AND INDEMNIFICATION: Contractor shall be responsible for his own medical, liability, workers compensation and related insurance and shall assume any risk incidental to the entry of Contractor upon City's premises. Contractor shall indemnify, release and hold City harmless of any and all claims Contractor might have against the City as a result of personal injuries sustained during the term of this Agreement. Contractor shall indemnify, release and hold City harmless for any claims of any sort, including but not limited to claims resulting from personal injuries or property damage, by any person or business entity occasioned by Contractor's negligent or willful acts or omissions. X. FORM 1295: Consultant, in compliance with the laws of the State of Texas, will execute and file Form 1295, notice of interested parties, which can be found on the website of the Texas Ethics Commission at httl2s://www.ethics.state..tx.us/filen(yinfo/(:-�uickFileARel ort 1; h1. XI. MANDATORY ANTI -DISCRIMINATION AND OTHER PROVISIONS: Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to Section 2271.002 of the Texas Government Code, Consultant 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. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to SB 13, 87`h Texas Legislature, Consultant certifies that either (i) it meets an exemption criterion under SB 13, 871h Texas Legislature; or (ii) it does not boycott energy companies, as defined in Section 1 of SB 13, 87`h Texas Legislature, and will not boycott energy companies during the term of the Agreement. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to SB 19, 87`h Texas Legislature, Consultant certifies that either (i) it meets an exemption criterion under SB 19, 87' Texas Legislature, or (ii) it does not discriminate against a firearm entity or firearm trade association, as defined in Section 1 of SB 19, 87`h Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the tens of this Agreement. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Consultant certifies that Consultant is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. XII. NOTICES: Any notice required herein shall be to the other party at the following addresses: CITY OF PARIS: City of Paris c/o City Manager P.O. Box 9037 Paris, Texas 75461 MOONLIGHTING, INC.: Moonlighting, Inc. c/o Art Stutsman CITY: City of Paris Grayson Path, City Manager THE STATE OF TEXAS § COUNTY OF LAMAR § CONTRACTOR: Moonlighting, Inc. Art Stutsman BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared GRAYSON PATH, City Manager of the CITY OF PARIS, a Texas Municipal Corporation, known to me to be the person whose 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 . 2024 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 2024, by ART STUTSMAN in his capacity as of Moonlighting, Inc. of Carrollton, Texas, 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 and as the act of_�Z,�, GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF vs1L, 2024 KeNie Rana Martin M t commission expires .m....... County, Texas My Commission Expiry y b 03/20/2025 y p s _ 2d, 20 ZS `� ID No. 11727642 EXHIBIT A Services Contractor shall perform the following services: Maintenance and upkeep of lighting installed by Contractor in the trees on and around the downtown Paris Plaza and over the public roadways on or adjacent to the downtown Paris Plaza including: • Check conditions of lighting weekly to check for squirrel damage and electrical circuit issues and make necessary repairs thereof. • Repair, on a weekly basis, any damage found. Exclusions: The scope of services does not include damage caused by Severe Vandalism, fire, or storm damage or lightning strike. For the purposes of this Agreement, "Severe Vandalism" is defined as damage caused by a person or persons, intentionally or unintentionally, resulting in cut wires, wires loosened from tree branches or tree trunks, broken bulbs by any means, up to and including sustained damage to a portion of the tree canopy equivalent to more than half of the entire canopy. The parties may agree for Contractor to provide services outside of the scope of services defined herein at an additional charge agreed to in advance in writing. Item No. 13 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Robert G. Vine, Deputy City Manager SUBJECT: Water Meter Replacement Agreement DATE: June 24, 2024 BACKGROUND: Due to various reasons, the City has a backlog of business and residential water meters in need of replacement. The Utility Billing and Public Works Departments are teaming up to address this issue. STATUS OF ISSUE: Staff have devised a plan to replace the non -working and/or malfunctioning water meters, by creating placing these job orders into two classes, Business and Residential. Public Works Department will work on the list of business meters. Utility Billing Department is working as time allows to replace some residential meters. For the bulk of the residential meters, a third -party vendor has been selected to provide for a quicker completion of the existing list. Staff requested quotes from 3 local plumbing services capable of performing this scope of work and received quotes from two of them, with JB & L Utility Contractors having the lowest quote. With the estimated price of replacing residential water meters below $50,000.00, it is not necessary to procure this item unless directed otherwise by the City Council. The proposed agreement has a cap of $48,000 maximum spending. To protect the interest of the City, reduce liability, ensure quality of service, address this issue in a timely manner, and to protect the city's revenue stream, the City would like to enter into an agreement with JB & L Utility Contractors for this ongoing project. This agreement outlines the expectations and scope of the work to be performed by JB & L Utility Contractors. BUDGET: The City has budgeted $100,000.00 for meter replacement projects (purchasing and/or installation). The contract with JB&L will be a not -to -exceed $48,000.00 from this line item. OPTIONS: 1. Approve the agreement between JB & L Utility Contractors and the City for this project and authorize the City Manager to sign. 2. Approve the agreement between JB & L Utility Contractors and the City, with amendments and authorize the City Manager to sign. 3. Do not approve the agreement and request staff go out for RFP. RECOMMENDATION: Staff recommend approval of the agreement between JB & L Utility Contractors and the City for this project and authorizing the City Manager to sign. AGREEMENT FOR WATER METER INSTALLATION STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § This Agreement for Water Meter Installation (the "Contract" or the "Agreement") is made and entered into by and between I Paris, TX, a (hereinafter referred to as "Contractor') and the City of Paris, Texas, a home -rule municipal corporation (hereinafter referred to as "City") to be effective from and after the date herein provided. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: I. EFFECTIVE DATE The effective date of this Agreement shall be , 2024, and the Agreement shall terminate on 2025. THE WORK, Contractor shall provide all labor, supervision, and equipment necessary for the replacement of residential in the City of Paris on an as needed basis. III. TERM/TIME OF COMPLETION Contractor shall commence work under this Contract within three (3) business days following receipt of a Notice to Proceed or work order from the City. Contractor shall complete all work called for under this agreement in a professional and timely fashion and in accordance with the work orders received. IV. PAYMENT The City shall pay Contractor in current funds for work completed and accepted by the City in accordance with the terms of this Contract. This is a unit price contract and Contractor shall be entitled to payment for quantities completed and accepted by the City at the following unit prices: Replace 5/8 meter with new 5/8 meter $70.00 Replace 5/8 stop & spud with new 3/ stop & spud $120.00 Replace meter box $75.00 Work performed under this contract shall be performed pursuant to work orders issued from the City to Contractor. Contractor shall complete the work specified in the work orders within ten business days of issuance from the City and shall invoice the City for the work performed on a monthly basis. The approximate value of this contract is FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00), and payments due from the City to Contractor hereunder shall not exceed that amount. Notwithstanding the foregoing, nothing in this Agreement shall be construed as a right or guarantee that the City will issue work orders pursuant hereto, nor shall it be construed as a right or guarantee to payment of any particular total amount. The City will issue work orders on an as needed basis and pay for the work so ordered in accordance with this section. Contractor recognizes that this Agreement shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Contractor and the City recognize that the continuation of any contract after the close of any given fiscal year of the City of Paris, which fiscal year ends on September 30th of each year, shall be subject to Paris City Council approval. In the event that the Paris City Council does not approve the appropriation of funds for this Contract, the Contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. V. INSURANCE AND INDEMNIFICATION That Contractor must, at all times during the term of this Agreement, keep and maintain in full force and effect a policy or policies of insurance, providing at least $500,000.00 per occurrence and $1,000,000.00 aggregate for bodily injury (including death), and damage or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained as the result of the negligence of Contractor, its agents, servants, or employees, and Contractor 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 by the State of Texas. The policy or policies shall be written or endorsed to cover the City, its elected officials, officers and employees as additional insured. Contractor or its 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 Agreement, and any extensions hereof, and specifically noting thereon that the City, its elected officials, officers and employees are covered as an additional insured. All such policies shall be written so that the City 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, 2 addressed to the City at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. The Contractor and its sureties shall defend, indemnify, and hold the City, its elected officials, officers and employees harmless from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act or intentional wrongful act or omission of the Contractor, his agents, employees or subcontractors in the performance of said contract; or on account of the failure of the Contractor to provide the necessary barricades, warning lights or signs; and Contractor and its sureties shall be required to pay any judgment, with cost including attorneys' fees, which may be obtained against the City growing out of such injury or damage. The Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless the City from and against any and all injuries, loss or damages to property of the City during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses or invitees of the City. VI. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. VII. TERMINATION City shall have the right to unilaterally terminate this agreement at any time and for any reason upon thirty (30) days written notice to the Contractor. 3 VIII. CHOICE OF LAW; VENUE; CONTRACT INTERPRETATION The parties agree that the laws of the State of Texas shall apply to this Agreement, and that it is performable in Lamar County, Texas. The parties further agree that exclusive venue shall lie in Lamar County Texas. IX. ENTIRE AGREEMENT• AMENDMENTS• SUCCESSORS AND ASSIGNS This Agreement represents the entire and integrated agreement between City and Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both City and Contractor. This Agreement is binding upon and shall inure to the benefit of the parties hereto and their respective successors. XII. FORM 1295 Contractor, in compliance with the laws of the State of Texas, will execute and file Form 1295, notice of interested parties, which can be found on the website of the Texas Ethics Commission at L tp : /^ . mmIlii cs st_ J l i��ii ei 111 hill ° Ilh a. XIII. MANDATORY NON -BOYCOTT 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, 871h 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 orfirearm trade association, as defined in Section 1 of SB 19, 87th Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the term of 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 4 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 parties have executed this Agreement upon the year and date indicated below their signatures hereto. Signature Page to follow. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney CITY OF PARIS, TEXAS By. Grayson Path, City Manager By: Title: ACKNOWLEDGMENTS BEFORE ME, the undersigned authority, on this day personally appeared Grayson Path, City Manager of the City of Paris, Texas, known to me to be the person whose same is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of April, 2024. Notary Public, State of Texas 6 STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared of , known to me to be the person whose name is bsc suribed 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 day of April, 2024, Notary Public, State of Texas Item No. 14 TO: City Council Grayson Path, City Manager FROM: Robert G. Vine, Deputy City Manager Stephanie H. Harris, City Attorney SUBJECT: Disannexation Request—LCAD Parcels 71112, 71113, 70422, and 70423, located on County Road 22500 and comprising approximately 291 acres DATE: June 24, 2024 BACKGROUND: Nexus Renewable Power, LLC ("Nexus"), on behalf of Robert Moore, the property owner, has submitted a petition to disannex the four above -referenced parcels located on or around CR 22500 west of Paris. The parcels are located to the west, southwest, and south of the Kimberly-Clark plant and comprise approximately 291 acres. The thin yellow line is the city limits line; the thick green lines outline the parcels. Nexus has leased the parcels from Mr. Moore as part of the MRG Goody Solar Project (the "Project"). The Project will occupy additional parcels owned by the company to the west and out in the county. As a part of the development process, Nexus discovered that all of parcel 70423 and portions of the remaining parcels lie within the city limits of Paris. As a part of the application for disannexation and in meetings between the developer and city staff, Nexus has presented the following factors as impetus for seeking disannexation: • Maintaining Uniformity of Development for City Protection. Over 90% ir,.-.)f the acreage and costs for the Project are located o.itsiidp of the City of Paris city fink.s. Dsannexation aHows ius to udfizir," a uniform and f:,onsisteint design style, cornponents, and construction appimach, which vvouW mirirryflze potenfial dielays, reduce investryient risk, redt.�ce fire hazards, and generally reduce potential rnishaps duo to disparat,(.p, mqtAreirneints. • IWnirnizing City ir,.)f IlRaris ObEigatioris. IDisannexation vvok.fld feimove the burden fronn the City to offer local seTvicn,:as; a partk-.Jar coricern for a rerrote edge of the City c)f Paris' property. • A(:::cnr eirating Substantial Ecioiriomc Benefits to Chisijirn ISD,. Fhe Project is participating in a Chapter 313 Agreement' (the "Agreement"' w'ith Independent SchocdDisu,-ict- ("ChiSLUM MY)..Fhe Agreement Vdirill pria,wride rnore tf-,tan $23 million doflarrS Lo elm' 'IS over the next T51 ard nearly $11 rnflhon in the first. 1.0 years. Iniflafly, it was Ilfaianrnod for the Project to cornpWete corWruction in 2027, meaning Chist.jrn ISD WOUldn't receive ariy signfficant revenues Unfil 2028. The Prc.:) ' �ect approaOed Chisurrii 6D to arnenid the Agreement Ion 2024, 1--ioping to accellerate thip Pmject dmehne by cornpleting construction in 2025, aHowing C"hisurn ISD to begin reciedv�ng significant revenues liin 2026....... two,yeear. earlier than odginafly pU,ined. The aforementioned deays created Iby the SUP'Jeoparfflze the Proiiact's abiRy to, bir.agin construction in,2024. and may furthir,r jeopardize ii::[ -Ie Project's development. • Accelerating Econinryflic Benefifts to Larnair Cq1gnjL±gris Junior Collo e pan the City of IParis. Fhe Pr*ct is anticIpated to accelerate its tirnefine by nearly two years with the aim of stardrig CrC)fJStrJJc-t'ion before the end of 2024. This woWd iesouk in substantial tax paymc.--mts beginning in 2025 Di annexation Wps ensk.,iire this acce[erated timefline can h: e R,maintained �by cionlomding perrnitting requirements aa::xoss the erntire Project and Iproidirng T-Inore toning, regi.flatiory, and revenue certainty to the Project and each of Lamar County, Paris Junior CoHege, and the City of Paris. • "rhe Spedific Use Permit Prat renally Negates all Investment WitKin City of Paris 1-imits. "I"he Noject has engaged in high� y responsiWie deve�oprnent by corrunitflng to a fifty-f(,.)o-t buffer, which is Kigher than in(:RtStlry standards and sign if i1ca ritly llargeir than otheii, comparablle solar proJects in ILarrnar County. The four,hundred f(.:)ot buffer reqUired by On:finance 202...000 , 8 29J(..)0,wouW efiminate five (5) of the seven (7) sobr anays, panned for these parce, s, creating Irnuddjpu e Ylears (,.,)f deved oprnera delays, and rieducng the Project investinent in the city hrnits by over 509,16. As a resuk, a majority of the potpndap tax revenlue to the City of Paris from the Pro'uect is already jeopardized by. b,JP even 'pn the alasence of as &sannexadoin As a result, disannexation foliowed by investment is as net 11.)osffive for fl,w City, of Paris. 0 1 igUre 1.._ Project Maps (Entire lPr..oject) o Figuire2 Projec::T Maps(Selectf..-A Area in City of Paris Boundary) o Hgure 3 -- Selected Area in City of Paris Prop erty"Fax Revent,ie * Current 50'Setback/Buffeir * SIU P 400"' Se tback/Buffi.-iir Nexus leeks a Mutually -Beneficial Outcome with the Local Community. Nexus is, and has been, a lore -time supporter of the City of Paris, Lamar County and the initiatives pursued by the local community. To that end, Nexus will negotiate in goad faith regarding disanne ation financial contributions to support the City of Paris and the initiatives of the local community. [Prorn. the Application for .Disannexation attached hereto and incorporated by reference as Exhibit J A. primary issue for Nexus is that Zoning Ordinance No. 1710 Seco 29, "Required Components Regarding Solar Farm Specific [Jse Permits," will apply to portions of the project that will lie within the city limits. Nexus contends that the SUP requirement will. subject those portions of the Project to different regulations than will apply to the remainder of the installation in the county. In addition, Sec. 29 requires a 400 foot setback/buffer when its plans call for a 50 foot setback/buffer. This would require Nexus to scale down the Project somewhat to comply with the setback requirement: Because solar arrays must be of a certain size and number of panels to function, Nexus would have to remove everything in red in the above photograph, not simply the panels within the city limits. Lamar County has entered into a tax abatement agreement with Nexus/other property owners, and Chisum ISD either has entered or is working towards entering a Chapter 313 agreement with the developers with respect to this project. STATUS OF ISSUE: The city's annexation/disannexation policy (see attached Exhibit B`) provides that "the City will consider disannexation of any area within its corporate limits if so requested by a majority of property owner(s) and if the area fails to meet at least one of the above seven criteria, and if ...the proposed disannexation is part of an identifiable, logical whole (versus individual parces) which neither creates `holes' inside the existing corporate city limits, nor forces any other area of the city outside the revised boundary line (`islands' outside the revised lines)."' See Exhibit B, p. 16. The seven factors relate to: • Whether the parcels form an enclave; • Whether the area has developed as an urban area; • Whether the area is a designated growth center; • Whether the retaining the area within the city limits would result in an adverse impact to the city, including adverse fiscal impacts; • Whether disannexation would present an opportunity for incorporation of the area into a new municipality or for an existing municipality to annex the area; • Whether the area is populated with residential development; and • Whether the area is proposed for long-term development. See Exhibit B, pp. 15-16 for the full text of the policy.' Each of these criteria also contains a requirement relating to the provision of city services. In this instance, the council may consider the property for disannexation because (a) the area proposed to be disannexed comprises more that an individual parcel (although the fact that it is only four parcels makes this point arguable given the language of the policy); (2) the area is not populated with residential development (criteria #6); and (3) disannexation of the area will not create any keyholes or islands. Nexus does not argue that the city has failed to provide services to the area; rather it argues that by disannexing the area, the city will be absolved from providing services, and that will be a benefit to the city. In reality, the area will continue to receive both fire and EMS services under existing agreements between the city and Lamar County, and in any event, given the nature of solar farms, the Paris Fire Department would be dispatched to any fire calls at the Project because it is the regional provider of hazmat services in this part of the state. The primary issue with disannexation of the proposed area as far as the city is concerned is that of lost potential property tax revenue. Nexus has estimated taxes on the parcels for the next 30 years in an amount between $307,267.00 (using the 400 foot setback) and $768,167.00 (using the 50 foot setback) based on the 2023-2024 tax rate and taking into account depreciation of the assets. In discussions and meetings with staff, Nexus has proposed entering into an agreement3 with the 1 Underlining is original to the text; italics are added by the authors. The policy requires only that the city consider disannexation, not that the city grant it. Z The policy for disannexation is simply the inverse of the policy for annexation. Other than the prohibitions against keyholes and islands, the policy on disannexation is sparse. Likewise, state law regarding disannexation is simply that the procedures used in disannexing property must not conflict with the procedures for annexing property. 3 The agreement could take the form of a development agreement, a disannexation agreement, or a Chapter 380 agreement. The type of agreement would be determined in the negotiation process. City whereby the city would disannex the property, and Nexus would pay an agreed upon sum in three installments beginning 30 days after disannexation and ending 30 days after beginning of operations, anticipated to be in December of 2025. In addition to, or in lieu of a portion of the agreed upon taxes, Nexus is also open to developing the portion of the proposed extension of the Trail de Paris that runs through the property. Terms of any such agreement would be negotiable and determined and approved by council after discussions in executive session. In any event, it must be remembered that regardless of any up front payment of "taxes," once disannexed, given current annexation law, it would be nearly impossible to reannex the property, and the city would be giving up all future property taxes forever. This is not insignificant given that Nexus has estimated the 2026 taxable value of the parcels (after installation of the Project) at $15,800,000.00 and depreciating to $3,713,000.00 by year ten. On the other hand, should council decide against disannexation, staff can investigate the possibility of a waiver of the 400 foot setback requirement and/or other requirements of the solar farm SUP to accommodate the needs of Project. We anticipate that this would take the form of a Chapter 380 agreement and would be tied to trail development. Should Council wish to undertake disannexation proceedings with respect to this property, the following procedure will need to be followed: June 24, 2024—City Council Meeting—The City Council will discuss the petition and determine whether or not to proceed. If Council wishes to proceed, it should consider and act upon the accompanying resolution authorizing the disannexation process. Should Council wish not to proceed, it should consider and act upon the accompanying resolution declining to proceed. This ,is in the discretion of the Council. If Council determines to proceed, from here, the entire process must be complete within 90 days. If council determines not to proceed, there will be no further action on the petition. If Council chooses to proceed: June 25—July 6, 2024—The city attorney will send out notices to other taxing entities, service providers, and railroads as necessary, which must be done by 30 days before the first of two public hearings. July 16-26, 2024—Publish notice of first public hearing in the Paris News (publication must be between the 20th and the 10th day out from the 1st public hearing). July 23—August 2, 2024—Publish notice of second public hearing in the Paris News (publication must be between the 20th and the l 0th day out from the second public hearing). The two publication periods overlap between July 23—July 26, 2024, so both hearings can be published together on July 25, 2025, saving a second publication fee. August 5, 2024—City Council Special Meeting—l' public hearing (public hearings must be held between the 40th and 201h days out from action on the ordinance to disannex) August 12, 2024—City Council Meeting -2nd public hearing September 9, 2024—City Council Meeting—Act on ordinance to disannex (day 77 from institution of disannexation proceedings) BUDGET: The requested disannexation would deprive the City of the property tax revenue for the disannexed property; however, the developer is interested in entering into an agreement to mitigate the loss as described above. OPTIONS: 1. Discuss and act on a resolution stating the intent of city council to institute disannexation procedings on LCAD Parcels 71112, 71113, 70422, and 70423, located on County Road 22500 and comprising approximately 291 acres and provide direction to staff as to next steps. Authorizing disannexation procedures does not obligate council to ultimately disannex the parcels. 2. Discuss and act on a resolution making findings of fact and denying the petition of disannexation as to LCAD Parcels 71112, 71113, 70422, and 70423, located on County Road 22500 and comprising approximately 291 acres. RECOMMENDATION: Because the city's annexation/disannexation policy would seem to dictate that council at least consider the petition, staff recommends that council choose and act on the resolution described in Option No. 1 with the understanding that council may ultimately choose not to approve an ordinance of disannexation. Moreover, since the developer hopes to break ground in 2024 and the disannexation calendar stretches to 77 days, instituting proceedings at this time would allow staff to negotiate with developer and bring back either a recommendation to approve or to deny the disannexation ordinance accompanied by an appropriate development agreement. EXHIBIT A ew VAL6ATION*TAX•60LUTIONS May 1311, 2024 City of Paris 135 SE First Street Paris, TX 75460 RE: Application for Disannexation (Nexus Renewable Power, LLC c/o Mr. Robert Moore) Dear City Council: K.E. Andrews is pleased to have the opportunity to assist MRG Goody Solar Project in their ongoing project development efforts southwest of the City of Paris. MRG Goody Solar Project is being developed by Nexus Renewable Power, LLC ("Nexus"). Nexus is a Texas-based company that develops, finances, and operates solar and energy storage assets. Specifically in Lamar County, Nexus has developed three utility -scale solar projects. Tyson Nick Solar Project, is currently under construction. MRG Goody Solar Project is currently in late -stage development, expecting to begin construction by the end of 2024. SGT Hoskins Solar Project is currently in mid -stage development, expecting to begin construction by 2026.1 Nexus is committed to responsible renewable energy development in Lamar County and the greater Paris area. Together, these three projects represent a capital investment of nearly $1 Billion dollars in Lamar County, and will inject tens of millions of dollars collectively into local public schools, Paris Junior College, and Lamar County. As part of its commitment to responsible renewable energy development, Nexus is seeking the approval from City Council of a Disannexation ("Disannexation") from the City of Paris, for the MRG Goody Solar Project, in a mutually beneficial manner to the City of Paris and Nexus. The enclosed Application for Disannexation details Nexus' request. The approval of this Disannexation would contribute to the local economy by reducing the City of Paris' potential liabilities and costs, providing the City of Paris with additional potential assets, allowing Nexus to maximize its investment and enabling Nexus to accelerate development of the MRG Goody Solar Project, to bring significant tax revenue to Chisum Independent School District, Paris Junior College, and Lamar County. Kind Regards, Garrett Peters Senior Tax Manager KE Andrews 1 Nexus names all its projects after soldiers that have died in the line of duty. Nexus also works closely with the families of these soldiers to provide support directly and through certain charitable foundations supported by Nexus and Nexus' partners. 2424 Ridge ■ oad 469.298.1594 Rockwall, KEANDRE SSSS. VALUATION•TAX•SOLUTIO NS APPLICATION FOR DISANNEXATION NAME OF APPLICANTS: MRG GOODY SOLAR PROJECT C/O MR. ROBERT MOORE MAILING ADDRESS: 5160 TENNYSON PARKWAY, SUITE 1000W, PLANO, TEXAS 75024 TELEPHONE NUMBER: 903-517-5354 VOTING DISTRICT NUMBER: 3G VOTER REGISTRATION NUMBER: 1220499252 ADDRESS OF PROPERTY: COUNTY ROAD 22500, PARIS, TEXAS (LAMAR COUNTYAPPRAISAL DISTRICT PROPERTY ID'S 71112, 71113, 70422, 70423) NUMBER OF PEOPLE RESIDING ATTHIS ADDRESS: 0 I/We, the undersigned owner(s) of the above-described property, do hereby petition the City of Paris to disannex my/our property or the following reasons: SEE ENCLOSED EXHIBIT A REQUIREMENTS: Attach a complete copy of the latest deed of record for the above-described property evidencing ownership (Exhibit B). This deed must include a legal description of the property requested to be disannexed along with a plat or a drawing indicating the area to be disannexed (Exhibit Q. Include a copy of the City Ordinance showing when this property was first annexed into the City of Paris corporate city limits (Exhibit D). I/We understand that the City of Paris has no obligation to disannex property except as may be required by law. This application must be completed, in its entirety, with all required attachments. City staff will review the application for completeness and conformance with City policies before taking it to City Council for discussion. You will be notified when staff schedules your disannexation petition for consideration and discussion by the City Council. You should plan to attend this meeting of the Paris City Council. w 2✓"__..___ 5/13/24 Applicant(s) Signature Date (owner of all parcels) y Rockwall,13 i KEAN 1���.. .._.....���� -. ��_.....����� VA L UATI O N #TAX• 5 0 LUTI O N S May 131h, 2024 City of Paris 135 SE First Street Paris, TX 75460 RE: Exhibit A - Application for Disannexation (Nexus Renewable Power, LLC c/o Mr. Robert Moore) Reasons for Disannexation Dear City Council: MRG Goody Solar Project (the "Project") requests Disannexation for the following reasons: Maintaining Uniformity of Development for City Protection. Over 90% of the acreage and costs for the Project are located outside of the City of Paris city limits. Disannexation allows us to utilize a uniform and consistent design style, components, and construction approach, which would minimize potential delays, reduce investment risk, reduce fire hazards, and generally reduce potential mishaps due to disparate requirements. Minimizing City of Paris Obligations. Disannexation would remove the burden from the City to offer local services; a particular concern for a remote edge of the City of Paris' property. Accelerating Substantial Economic Benefits to Chisum ISD. The Project is participating in a Chapter 313 Agreement' (the "Agreement") with Chisum Independent School District ("Chisum ISD"). The Agreement will provide more than $23 million dollars to Chisum ISD over the next 35 years, and nearly $11 million in the first 10 years. Initially, it was planned for the Project to complete construction in 2027, meaning Chisum ISD wouldn't receive any significant revenues until 2028. The Project approached Chisum ISD to amend the Agreement in 2024, hoping to accelerate the Project timeline by completing construction in 2025, allowing Chisum ISD to begin receiving significant revenues in 2026 —two years earlier than originally planned. The aforementioned delays created by the SUP jeopardize the Project's ability to begin construction in 2024 and may further jeopardize the Project's development. Acceleratin Economic Benefits to Lamar Coun Paris Junior Colle a and the Ci of Paris. The Project is anticipated to accelerate its timeline by nearly two years with the aim of starting construction before the end of 2024. This would result in substantial tax payments beginning in 2025. Disannexation helps ensure this accelerated timeline can be maintained by conforming permitting requirements across the entire Project and providing more timing, regulatory, and revenue certainty to the Project and each of Lamar County, Paris Junior College, and the City of Paris. z These Chapter 313 Agreements no longer exist so this Project presents one of the final opportunities for Chisum ISD to recognize this material benefit to the school district. Rockwall,2424 Ridge Road 087 0 KEANDREWS VALUATION•TAX•SOLUTIONS The Specific Use Permit Potentially Negates all Investment Within City of Paris Limits. The Project has engaged in highly responsible development by committing to a fifty -foot -buffer, which is higher than industry standards and significantly larger than other comparable solar projects in Lamar County. The four -hundred -foot buffer required by Ordinance 2017-0001,98-29-100 would eliminate five (5) of the seven (7) solar arrays planned for these parcels, creating multiple years of development delays, and reducing the Project investment in the city limits by over 50%. As a result, a majority of the potential tax revenue to the City of Paris from the Project is already jeopardized by SUP even in the absence of a disannexation As a result, disannexation followed by investment is a net positive for the City of Paris. o Figure 1—Project Maps (Entire Project) o Figure 2 —Project Maps (Selected Area in City of Paris Boundary) o Figure 3 —Selected Area in City of Paris Property Tax Revenue ■ Current 50' Setback/Buffer ■ SUP 400' Setback/Buffer Nexus Seeks a Mutually -Beneficial Outcome with the Local Community. Nexus is, and has been, a long-time supporter of the City of Paris, Lamar County and the initiatives pursued by the local community. To that end, Nexus will negotiate in good faith regarding disannexation financial contributions to support the City of Paris and the initiatives of the local community. 2424 Ridge Road 469.298.1594 www,keatax.com Rockwall, 75087 FIGURE I AM KEA - NDREWS 14W VALU A T""I 13N -TAX-S 0 LUTIO NS MRG Goody Solar Project, LLC 0 025 05 1 01. 2424 Ridge Road 469.2198.1S94 www.keatax.com Rockwall, TX 75087 FIGURE 2 ^ KEANDREWS mvmmmm�VALUATI ON -TAX-SO LUTIO NS MRG Goody Solar Project, LLC I' ' ' ' ' ' ' . 0 005 01 0 2 MlIft 2424 Ridge Road I 469.298.1S94 www.keatax.com Rockwall, TX 75087 H 0 FIGURE 3 rr- VALUATION -TAX-S 0 LUTIO KEANDREWS ISIS Potential City of Paris Property Tax Revenue -""' . . . ........... . . . ... . . ...................... . ........ . . CURRENT 50'Setback/Buffer ..... . ........... .... NET PRESENT VALUE: $408551 TAXABLE CITY OFPARIS ESTIMATED WITH SUP 400'Setback/Buffer NET PRESENT VALUE: $163420 TAXABLE CITY OF PARIS ESTIMATED )TAR VALUE TAX RATE TAXES YEAR VALUE ................ TAX RATE ...... TAXES ..... . ........ . . . 2026 15,800,000 ... . ....... . ....... 0.4778% 75,496 .2026 6,320,000 . . . ..... 0.4778% 30,19.8 2027 14,457,000 0.4778% ........... . - 69,0782027 ............ .............. . . . . . .............. 5,782,800 . . . . ......... 0.4778% 27,631 2028 13,114,000 0.4778% 62,661 2028 ....... .. . 5,245,600 -- - ------- . . ..... 0.4778% 25,065 ........... . . ...... . 2029 11,771,000 0.4778%56,244 . ........ . ..... 2029 ......... . .... 4,708,400 . . . ... ................ ..... 0.4778% .. .... 22,498 . . . . .......... 2030 10,428,000 0.4778% 49,827 ...................... . . . 2030 4,171,200 ...... ...... 0.4778% ............... . . . 19,931 2031 9,085,000 0.4778% 43,410 2031 . . . . ......... 3,634,000 0.4778% . ......... ............................. 17,364 . ...... 2032 7,742,000 0,4778% 36,993 2032 3,096,800 - ---------- -- -.-. 0.4778% 4444,7 . ..... . 14,797 . . . ....................... 2033 . . . . ............. 6,399,000 I", - ---- - 0.4778% 30,576 2033 ... . ............ .. . ........ 2,559,600 . . .. ...... 0.478% 12,230 2034 5,056,000 0.4778% 24,159 2034 . ................ . . . . 2,022,400 0.4778% ..................... . . . ...... 9,663 2035 - 3,713,000 -------- . ................ 0.4778% 17,741 2035 1,485,200 . ....... - 0.4778% - , , - . . . ................ ...... 7,097 ... ....... .. ..... . . ...... 2036 3,160,000 . . . ............ . . 0.4778% 15,099 2036 . . . . ....... . ........ - 1,264,000 . ...... 0.4778% 6,040 . . ........... 20373,160,000 0.4778% 15,099 2037 ......... . . . ......................................... 1,264,000 . ..... - .... 0.4778% . . . . . . ......... 6,04 ...... ............... . ... 2038 . .... . 3,160,000 0.47789/- l..,..2.6.4,0001-11 0.4778% 1 ... ..... 6..,.0 40 2039 ...... . ... -.. 3,160,000 0.4778% 15,099 2039 1,264,000 0.4778% .. . ....... 6,040 2040 3,160,000 ........... 0.4778% 15,099 . ........ . ................ 2040 . . . ................ . . .......... 1,264,000 "I "I . . .... ... 0.4778% ........... . . ...... . . . 6,040 . .. ..... ........................... 2041 ....... . .. 3,160,000 . . . ...... 11 "I'll 0.4778% 15,099 2041 . . . . . . . . .............. 1,264,000 0477895 .. .... ... ... .... . . . . ........... 6,040 ... 2042 3,160,000 0.4778% 15,099 ..... . .... . ..... . 2042 1,264,000 ...... .... 0.4778% 6,040 ... ........ 2043 3,160,000 0.4778% 15,099 2043 1,264,000 -------- 0.47 8% 6,040 . ...... ...... . . .... .... ..... ..... 2044 ------- . ..... - 3,160,000 0.4778% 15,099 2044 . . ...... ... ... .. .. 1,264,000 0.4778% ................ . ......... 6,040 2045 3,160,000 0.4778% 15,099 2045 1,264,000 0.4778% 6,040 2046 3,160,000 ..................... . . ...... 0.4778% 15,099 2046 1,264,000 0.4778% ................... 6,040 . .... . ........... 2047 . 3,160,000 0.4778% 15,099 ...... . .... - 2047 1,264,000 0.4778% 6,040 2048 3,160,000 0.4778% 15,099 ........... 2048 1,264,000 . 0.4778% . . .... . . ........... .. 6,040 2049 . .......... 3,160,000 0.4778% 15,099 . . . .................... 2049 1,264,000 . . . ...... .......... . . . -11111- 0.4778% .......... - 6,040 . ...... ® . ..... 2050 . . ..... ....... 3,160,000 0.4778% 15,099 ... ....... . ... ..... 2050 1,264,000 . . . . ................................ ........... 0.4778% ... 6,040 . . . . ............ 2051 3,160,000 0.4778% 15,099 ... . ................................... 2051 1,264,000 - - - ------ -- . 0.4778% ....... 6,040 2052 3,160,000 ........... 1-11,11111- 0.4778% 15,099 2052 1,264,000 0.4778% 6,040 2053 3,160,000 0.4778% 15,099 11264,000, . . . .... ..... 6.1.0.4 0... 2054 .......... 3,160,000 ................ . 0.4778% 15,099 . ................ ........... . . . 2054 1,264,000 ...... . ...... - 0.4778% 6,040 .......... 2055 ........ . .............. . ..... 3,160,000 0.4778%15,099 . . . . . . . . . . . ...................... 2055 1,264,000 0.4778% ... 6,040 Years 1-10 466,185 Years 11- 30 301,992 Totals: 768,167 r2424 Ridge Road 469298,15M a Rockwall, TX 75087 a 0 www.keatax.com Years 1- 10 186,474 Years 11- 30 120,793 Totals: 307,267 May 9, 2024 MRG Goody Solar Project, LLC c/o Nexus Renewable Power 5160 Tennyson Pkwy, Suite 1000W, Plano, Texas 75024 Dear Paris City Council, I am writing in support of the MRG Goody Solar Project (the "Project") being proposed southwest of Paris, Texas. The project is wholly within Chisum Independent School District ("Chisum ISD"). The Project will promote clean, renewable energy, create hundreds of good paying construction jobs, and provide millions in additional revenue for the landowners and the local community. Chisum ISD is participating in a Chapter 313 Agreement (the "Agreement") with the Project. On December 12, 2022, the Chisum ISD School Board unanimously approved the Agreement. The Agreement will provide more than $23 million dollars to Chisum ISD over the next 35 years, and nearly $11 million in the first 10 years. Initially, the Agreement stated the Project would complete construction in 2027, meaning Chisum ISD wouldn't receive any significant revenues until 2028. The Project approached Chisum ISD to amend the Agreement in 2024, hoping to accelerate the Project timeline by completing construction in 2025, allowing Chisum ISD to begin receiving significant revenues in 2025 — two years earlier than originally planned. This would result in substantial tax payments beginning in 2025 for the all the relevant taxing authorities. The requests of the Project from the City helps ensure this accelerated timeline can be maintained by conforming permitting requirements across the entire Project and providing more timing, regulatory, and revenue certainty to the Project and each of Lamar County, Chisum ISD, Paris Junior College, and the City of Paris. Once constructed, MRG Goody Solar Project will be the second lar est tax a er in Chisum ISD,. following La Frontera Holdings' Lamar Energy Center. I respectfully request that the City Council support this Project in its requests to bring these benefits to Chisum ISD's students, families, staff, and the greater Paris area. Kind Regards, T ckae, Superintendent—Chisum ISD Chisum Independent School District 3250 Church Street, Paris, Texas 75462 903-737-2830 Am% KEANDR " EW " S T-- •----- ------ V VALUATION -TAX-SO LUTID NS EXHIBIT B DEEDS OF RECORD 2424 Ridge Road 469.298.1594 www.keatax.com Rockwall, TX 75087 it 194574-2022 WD Ruth Sisson, County Clerk - Lamar County, TX BY:STONE TITLE COMPANY, INC GENERAL WARRANTY DEED 22-13828 (Vendor's Lien Reserved and Assigned to Third Party Lender) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Effective Date: June` 2022 Grantor: Charles G. Dunagan, a single man Grantee: Robert L. Moore Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, and the further consideration of the execution and delivery by the Grantee of that one certain promissory note of even date herewith in the principal sum of $300,000.00, payable to the order of Guaranty Rank & Trust, N.A., ("Lender"), as therein specified, providing for acceleration of maturity and for attorney's fees, secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to rI . w,m _. — me, Trustee. Property: SEE EXHIBIT "A" ATTACHED HERETO Reservations From and Exceptions to Conveyance and Warranty: This conveyance, however, is made and accepted subject to all outstanding mineral interest, restrictions, reservations, easements, covenants and conditions, relating to the herein above described property as now reflected by the records of the County Clerk of Lamar County, Texas. 194574-2022 Page 2 of W 1. Right of Way Deed to the State of Texas dated July 2, 1952, recorded in Volume 325, Page 50, Lamar County Deed Records. 2. Channel Easement to the State of Texas dated July 2, 1952, recorded in Volume 325, Page 50 Lamar County Deed Records. 3. Right of Way Deed to Gulf Colorado & Santa Fe Railway Company, dated October 23, 1886, recorded in Volume 53, Page 71, Lamar County Deed Records. 4. Easement to Lamar County Water Control and Improvement District #1 dated March 3,195, recorded in Volume 356, Page 499, Lamar County Deed Records. 5. Easement and Right of Way to Texas Power and Light Company of Dallas, Texas dated Mar 8, 1961, recorded in Volume 374, Page 231, Lamar County Deed Records. 6. Easement to Lamar County Water Control and Improvement District #1 Auds Creek, dated February 25,1963, recorded in Volume 398, Page 70, Lamar County Deed Records. 7. Boundary Agreement belhveen Grace Dunagan and Kimberly-Clark Corporation dated November 30, 1982, recorded in Volume 651, Page 680, Lamar County Deed Records. 8. Easement and Right of Way to Texas Power and Light Company of Dallas, Texas dated Apri 25,1975, recorded in Volume 568, Page 578, Lamar County Deed Records. reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become THAT, Lender, at the instance and request of the Grantee herein, having advanced and paid in cash to the Grantor herein that portion of the purchase price of the herein 194574-2022 06/15/2022 01:40:50 PM Page 3 of 6 194574-2022 Page 3 of 6 described property as is evidenced by the herein above described Note, the Vendor's Lien, together with the Superior Title to said property, is retained herein for the benefit of said Lender and the same are hereby TRANSFERRED AND ASSIGNED to said Lender, its successors and assigns. Payment of ad valorem taxes for the current year having been assumed by grantee. When the context requires, singular nouns and pronouns include the plural. •mom ' Chanes D a an 194574-2022 06/15/2022 01:40:50 PM Page 4 of 6 194574-2022 Page 4 of 6 KNOWLEDGMENT STATE OF TEXAS COUNTY OF LAMAR This instrument was acknowledged before me on the -D-day of 2022, by Charles G. Dunagan. After Recording Return To: 1- u; � � r 194574-2022 06/15/2022 01:40:50 PM Page 5 of 6 194574-2022 Page 5 of 6 tza baf--f- �ZZ:mor� 3.137 K � 2o6eN�{- ht{mC+r� I 2S0'06�w ,,td,3�ZS'� a' 'T�YQ p • 3� i ` Nrp N m r 5 -�, &, r N TV d.S SrS' :U i. xro C � F QW s 05 GN r as 'T�YQ p • 3� i 194574-2022 06/15/2022 01:40:50 PM Page 6 of 6 194574-2022 Page 6 of 6 Field Notes Being all that certain tract of land situated in the City of Paris, Lamar County, Texas, a part of the Lemuel Ewer Survey, Abstract No. 313, the M. E, P. and P. R. R. Survey, Section No. 37, Abstract No, 637, including the 177.44 acre tract in said M. E. P., and P. R, R. Survey and the 15 acre tract in the Ewer Survey conveyed to G. Q, Dunagan by Partition Deed between Oscar and May Belle Dunagan, G. O. and Bertha Dunagan and Etto Richie as part of the Second Part recorded in Volume 223, Page 588 of the Lamar County Deed Records and being further described as follows: Beginning at a 1/2" iron pin found for: corner, the Northeast corner of said 177.44 acres; Thence South with the East line of said 177.44 acres and the West line of Tract 11 conveyed to Kimberly Clark Corporation by deed recorded in Volume 647, Page 239 of the Lamar County Deed Records a distance of 944.58 feet to a 1/2" iron pin found for corner (capped Chaney 4057), the Northwest corner of said 15.0 acres; Thence North 89046' East with South line of said Kimberly Clark Tract 11 and the North litre of said 15 acres a distance of 1249.14 feet to a found wood fence coiner in the West line of F, M. Highway No, 137; Thence South 34°59' West with said West line a distance of 506.35 feet to a 112" iron pin set for corner (capped Chaney 4057) in the intersection with the North line of the former G. C. and S. F. Railroad; Thence South 67°27' West with said North line a distance of 5195.24 feet to a 1/2" iron pin set for corner (capped Chaney 4057), the Southwest corner of said 177.44 acres; Thence North 1155117" East with the West line of said 177.44 acres and the Last line of a 160.328 acre tract conveyed to Robert Moore by deed recorded as Lamar County Document No. 180059-2021 a distance of 1913.97 feet to a found 3" steel fence corner, the Westerly Northwest corner of said 177.44 acres; Thence East with the North line of said 177.44 acres and the South line of said 160.328 acres'a distance of 1372.47 feet to a 1/2" iron pin set for corner (capped Chaney 4057); Thence North 0°06' West with'theWest line of said 177.44 acres and the East line of said 160.328 acres a distance of 1433.75 feet to a 1/2" iron pin found for corner, the Northerly Northwest corner of said 177,44 acres; Thence East (basis of bearing per North line 177,44 acres Vol. 223, Pg. 588 Lamar County Deed Records) with said Nortli line and the South line of a 231.7 acre tract conveyed to Kimberly Clark Corporation by deed recorded in Volume 647, Page 249 of the Lamar County Deed Records a distance of 2405.09 feet to the point of beginning and containing 190.878 acres of land. 4 R. Brandon Chaney, Registered Professional Land Surveyor No. 4057, Stale of Texas, state p Survey ztta�la t5n tlond under my "' actual Sq that the above Plat and Field Notes depict and represent an supervision and finished 2022. - ...........�,.. n _. ,.,.�. y.,.m___ R_. Braon.CharkR.P.L,S. No.44- .. . Chane Engineering,Enc. 903 7 i FinuNo.10153700 r3ti X Job No. 106May22 Mm4 T -a -r z EXH)BITsA w ag haat GYha 5ancy 1*2 w rr y Ferre .. 4. Po ILEA. & NIX Urvey W. IL L*A-d Sore m t T Xj III U4 i� a ... j Ito 414 CIE pr 00,---" Ike laon SUrveYM9 �0 K9 �,,,. �f�+�,hr�+R'rte-+r•I7►K•.-.,'."^"...,.,„„„ Nelson MRMSL Fa* TOM 7M KEANDRE ' WS VALUATI ON -TAX- SO LUTIO N S EXHIBIT C AREA TO BE DISAN N EXED COUNTY ROAD 22500, PARIS, TEXAS (LAMAR COUNTYAPPRAISAL DISTRICT PROPERTY ID'S 71112, 71113, 70422, 70423) 2424 Ridge Road [f 469.298.lS94 www.keatax.com Rockwall, TX 75087 Lamar CAD Web Map 5/10/2024, 7:43:41 PM 1:18,056 Parcels Abstracts 0.13 0.25 0.5 mi 0.2 0.4 0.8 km ® OpenStreetMap (and) contributors, CC -BY -SA Lamar County Appraisal District, BIS Consulting-www.bisconsulting.com Disclaimer: This product is for informational purposes only and has not been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey Lamar CAD Web Map 5/10/2024, 7:44:43 PM 1:18,056 .... Parcels Abstracts 0 0.13 0.25 0.5 mi 0 0.2 0.4 0.8 km 0 OpenStreetMap (and) contributors, CC -BY -SA Lamar County Appraisal District, BIS Consulting . www.bisconsulting.com Disclaimer. This product is for informational purposes only and has not been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey Lamar CAD Web Map 5/10/2024, 7:45:18 PM 1:18,056 �— Parcels Abstracts 0 0.13 0.25 0.5 mi 1 0 0.2 0.4 0.8 km 0 OpenStreetMap (and) contributors, CC -BY -SA Lamar County Appraisal District, BIS Consulting - www.bisconsulting.com Disclaimer: This product is for informational purposes only and has not been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey Lamar CAD Web Map 5/10/2024, 7:45:49 PM 1:18,056 --- Parcels Abstracts 0.13 0.25 0.5 mi 0.2 0.4 0.8 km ® OpenStreetMap (and) contributors, CC -BY -SA Lamar County Appraisal District, BIS Consulting - www.bisconsu[Ung.com Disclaimer. This product is for informational purposes only and has not been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey FN KEANDREWS VA LUATI ON -TAX- SO LUT10 N S EXH I BIT D CITY ORDINANCE 2424 Ridge ■ 469.298,1594 www.keatax.com Rockwall, TX 75087 H 0 EXHIBIT B Annexation Policl May, 2013 i PART I: CONTEXT & AUTHORITY Section I. Introduction Section 2. The Context of the Texas Local Government Code (TLGC) Section 3. Annexation Authority and Procedures Section 4. Provisions Regarding Disannexation Section 5. Annexation under Senate Bill 89 Section 6. Municipal Regulation of the Extraterritorial Jurisdiction (ET1) Section 7. Annexation Policy Considerations Section S. Disannexation Policy Considerations PART 11: PURPOSE & INTENT PART III: DEFINITIONS PART IV: CRITERIA & PROCEDURES 1 I Section 1. Introduction In many parts of the U.S., county governments are considered to be "caretakers" of the unincorporated areas, under the presumption that at some time in the future, they will be included within municipal boundaries. Nevertheless, when cities consider annexation and/or disannexation of properties, there are fundamental considerations that should be applied prior to those decisions. This report attempts to address these considerations. Section 2:The Context of the Texas Local Government, Code, 1. Annexation Procedural Methods: Under 1999's SB 89, there are two basic annexation procedural methods, each of which is based either on the inclusion or exclusion of an area in a city's annexation plan: (A) Annexation of an area that is exempt from the annexation plan requirement; and (B) Annexation after Dec. 31, 2002 of area included in an annexation plan. If an area is not exempt, a city must place it in an annexation plan and wait three years to annex the area under the procedures established by Chapter 43, subchapter C, "Annexation Procedures for Areas Annexed Under Municipal Annexation Plan." 2. The Annexation Plan: SB 89 required that every city in Texas adopt an annexation plan that became effective no later than December 1, 1999. The plan must identify annexations that will occur beginning three years after the date the plan is adopted. However, certain kinds of areas are exempt from the plan requirement. For example, if an area "contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract," the area is not required to be placed in an annexation plan. Also, if the land is annexed by petition of area landowners or voters, the area is not required to be in a plan. Further, a city can amend the plan to include new areas, but the city may not annex these areas until three years after said area is included in the plan. There are also time limitations regarding annexing property if an area is removed from the plan and/or placed back into the plan. There 2 are further notice requirements before the 901h day after the city adopts or amends the annexation plan. Section „3 w Annexation Authoritand Procedures 1. Annexation Powers: (A) ProvisionsmRe, ardina_Annexatwion of a Home -Rule Qty. Paris is a home rule city, and a home rule municipality can take the following actions if provided by the city's charter: (1) Fix the boundaries of the municipality; (II) Extend the boundaries of the municipality and annex area adjacent to it; and (Ill) Exchange area with other municipalities. 2. Annexation Procedures: (A) A municipality may annex area only in its extraterritorial jurisdiction (ET1) unless the municipality owns the area (TLGC, Sec.43.051). (B) There are annexation hearing requirements. (C) The annexation of an area must be completed within 90 days after the date the governing body institutes the annexation proceedings or those proceedings are void. (D) A city cannot annex a publicly or privately owned area, including a strip of area that follows the course of a road, highway, river, stream, or creek, unless the width of the area at its narrowest point is at least 1,000 feet. (There are several situations where this requirement does not apply. TLGC, Sec.43.054). (E) In any calendar year, a municipality cannot annex a total greater than ten percent (10%) of the incorporated area of that municipality as of January 1 of that year, plus any amount of area carried over to that year (under subsection (b) of Sec. 43.OS5, TLGC). An annexed area is not included in this calculation if annexed at the request of the property owners of the area, 'or if the area is owned by the municipality, a county, the state, or the federal government and used for a public purpose. Further, a municipality carrying over an allocation cannot annex in a calendar year, a total area greater than thirty (30) percent of the incorporated area of the municipality as of January 1 of that year. (F) Service Plans to Annexed Areas: 3 (1) Within a specified time limit, a city that is proposing an annexation must complete a service plan that provides for the extension of full municipal services to the area to be annexed. (Sec.43.056). (II) Said full municipal services must be provided in the annexed area no later than 2% years after the effective date of the annexation. (There is opportunity for extension of certain services, but no later than 4'/2 years after the date of the annexation.) (III) However, under this program if a city provides any of the following services within its corporate limits prior to annexation, the city must provide those services in the area proposed for annexation on the effective date of the annexation of the area. (a) police protection; (b) fire; (c) emergency medical services; (d) solid waste collection (except as certain conditions require); (e) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility (as defined by CCNs); (f) operation and maintenance of roads and streets, including road and street lighting; (g) operation and maintenance of parks, playgrounds, and swimming pools, and (h) operation and maintenance of any other publicly owned facility, building, or service. The service plan may be amended to extend the period of construction if said construction is occurring as quickly as possible. There are also other criteria regarding provision of services in the annexed area based on the existing level of service in the area to be annexed, etc. The proposed service plan must be made available for public inspection and explained to the inhabitants of the area at the public hearings held under Sec. 43.0561. A service plan is valid for ten years; renewal of the service plan is at the discretion of the municipality. There are also other opportunities for citizens to enforce the service plan. Seci9n4MM Provisions _Re ar in D,i_sa�mn�nex,ation 1. Disannexation for to Provide Services (Sec. 43. 1411: m Failure _,,, (A) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area within the period specified by Section 43.056 or by the service plan prepared for the area under that Section. 4 (B) If the governing body fails or refuses to disannex the area within 60 days after the date of the receipt of the petition, any one or more of the signers of the petition may bring a cause of action in a district court of the county in which the area is principally located to request that the area be disannexed. On the filing of an answer by the governing body, and on application of either party, the case shall be advanced and heard without further delay in accordance with the Texas Rules of Civil Procedure. The district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to perform its obligations in accordance with the service plan or failed to perform in good faith. (C) If the area is disannexed under this Section, it may not be annexed again within 10 years after the date of the disannexation. 2. Disannexation Accordipjjo Municipal Charter inmHome-RuleMunicipality (Sec. 43 142) A home -rule municipality such as Paris may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter. 3. Width Re, uirement, for Disannexation Sect.43-147 ......j (A) A municipality disannexing a road or highway shall also disannex a strip of area that is equal in size to the minimum area that the municipality is required to annex in order to comply with the width requirements of Sec. 43.054 unless such disannexation is undertaken with the mutual agreement of the county government and the municipality. The strip of area to be disannexed must be adjacent to either side of the road or highway, and follow the course of the road or highway. 4. RetumirementsRe ag rdin Federal„and State Approvals and Notices All annexation ordinances and information relating to the annexation must be submitted for approval of the U.S. Department of Justice. Also, the Texas Secretary of State must be notified of any annexation/disannexation. Certain other agencies are also required to be notified if a city changes its boundaries. Section 5. Annexation Under Senate Bill 89 The following is an outline only of the procedures that now must be followed when annexing territory: 1. Adopt an annexation plan. (Sec. 43.052 (c)) 2. Determine whether the municipality may annex the territory. (Sec. 43.0545) 3. Determine whether territory should be included in the annexation plan. (Sec. 43.052 (h)). 4. Comply with the notice requirements. 5. Provide written notice to school districts. 6. Prepare an inventory of services and facilities. 7. Prepare a service plan. 8. Address hearing requirements. 5 9. Submit annexations to the U.S. Justice Department for preclearance not later than the 90th day before the effective date of the annexation or the earliest date permitted under federal law (Sec.43.906 (a)). Section 6..__Municipal ftgula tion of the Extraterritorial Jurisdiction JETJJ The policy purpose regarding the ETJ is stated in Sec. 42.001 of the TLGC. Chapters 42 and 43 of the TLGC address the Municipal Annexation Act. The City of Paris' population has, under Sec. 42.021 a "number of inhabitants" between 25,000-49,999, "and therefore the extent of (its) extraterritorial jurisdiction" is two (2) miles. Sec. 42.023 states: "The extraterritorial jurisdiction of a municipality may not be reduced unless the governing body of the municipality gives its written consent by ordinance or resolution, except in cases of judicial apportionment of overlapping extraterritorial jurisdiction under Sect. 42.901." Section 42.022 discusses the expansion of the ETJ. The code also addresses the very rare issue of overlapping ET1s. 1. Muni cia I Reulalions �Within the ETJ Texas cities do not have the statutory ability to zone property within their ETJ; however, Sec. 212.003 states that a city's subdivision regulations are applicable within its ETJ if that municipality has extended its subdivision regulations into the ETJ by ordinance. (Note: Paris' Subdivision Regulations states that said regulations also apply in the ETJ.) A municipality may regulate subdivisions and approve plats for tracts of land located outside its city limits and outside its ETJ if there is an interlocal agreement providing for such regulation and approval (Sec. 242.001 (e)). If a property lies within the ETJ of more than one municipality, the municipality with the larger population has the responsibility for approval (Sec. 212.007 (a)). 2. Subdivisions,.Bg 1445 ,,a,nd the ,ETJ House Bill 1445 was adopted by the 2001 Session of the Texas Legislature and provided for an agreement between a county and a municipality to regulate a subdivision in the ETJ of a municipality. H.B. 1445, now in Chapter 242 of the Texas Local Government Code, required that a city and county shall enter into a written agreement that identifies the governmental entity authorized to regulate subdivision plats and approve related permits in the ETJ (Sec. 242.001 (a)). For a municipality existing on September 1, 2001, the municipality and county were required to enter into a written agreement on or before April 1, 2002 (Sec. 242.001(c). Texas municipalities have four options under H.B. 1445: (1) the county will possess no authority over plats and all review will be done by the city; (2) the city possesses no authority over plats and all review will be done by the county; (3) the city and county will divide the ETJ geographically and each will delineate in which area it possesses authority over plats; and (4) the city and county jointly review plats under their respective authority, but there must be one filing fee, one office to file plats, and one uniform and consistent set of plat regulations. 0 3. NB„ 1197 -AErreements with Landowners This bill added Subchapter G, entitled "Agreement Governing Certain Land in a Municipality's Extraterritorial Jurisdiction," to Chapter 212 of the TLGC "Municipal Regulation of Subdivisions and Property Development." The bill provides that a city council can enter into a written contract with an owner of land in the city's ETJ to (1) guarantee the land's immunity from annexation for a period of up to fifteen years; (2) extend certain aspects of the city's land use and environmental authority over the land; (3) authorize enforcement of land use regulations other than those that apply within the city; (4) provide for infrastructure for the land; and (5) provide for the annexation of the land as a whole or in parts and to provide for the terms of annexation, if annexation is agreed to by the parties. 4. Develo . ment Plats Sections 212.041-212.050 of the TLGC provide authority for municipalities to accept development plats in the ETJ. A development plat, however, should not be confused with a subdivision plat. The authority to regulate subdivisions is found in Subchapter A of Chapter 212 whereas the authority to regulate property development through the use of plats is found in Subchapter B of Chapter 212 of the TLGC. A city must choose by ordinance to be covered by Subchapter B (or the law codified by that subchapter) (TLGC Sec. 212.041 and if a municipality so chooses, any person who requests development of a tract of land in the corporate limits of ETJ must prepare a development plat. "Development," for purposes of Subchapter B, means "the new construction or the enlargement of any exterior dimension of any building, structure, or improvement." Subchapter B expressly provides that it "does not authorize a municipality to require municipal building permits or otherwise enforce the municipality's building code in its extraterritorial jurisdiction." (Sec. 212.049.) S. S&p Regulations Chapter 216 of the Texas Local Government Code addresses the relocation, reconstruction or removal of a sign in the ETJ. Specifically, Section 216.003 allows municipalities to "require the relocation, reconstruction, or removal of any sign within its corporate limits, or extraterritorial jurisdiction," subject to the detailed regulatory procedure included in Sec. 216.0035 (creation of municipal sign control board, compensation requirements, exceptions and appeal provisions). A home -rule municipality has other authority to regulate signs. Home rule cities may license, regulate, control, or prohibit the erection of signs or billboards by charter or ordinance in compliance with Chapter 216 of TLGC, (Sec 216.901.) Municipalities may regulate the location proximity, size, separation, setback and height provisions so long as the ordinance reflects a reasonable relationship to the public health, safety or general welfare. A home -rule city may extend the provisions of its outdoor sign regulatory ordinance and enforce the ordinance within its ETJ. In lieu of regulatory ordinances, however, home -rule cities may allow the Texas Transportation Commission to regulate outdoor signs in the ETJ by filing a written notice with the Commission. If a municipality extends its outdoor sign ordinance within 7 its ETJ, the municipal ordinance supersedes the regulations imposed by or adopted by the Commission. (Sec. 216.902.) 6. IndustrialDistrictsand Planned Unit Develo,p„ment Districts Section 42.044 of the TLGC allows a municipality to designate a part of its ETJ as an industrial district and treat that area in the manner considered to be in the best interest of the city, including making written contracts with the owner of the land regarding annexation and regulations. Chapter 42 of the TLGC also discusses planned unit development districts in the ETJ. The governing body of a municipality that has disannexed territory previously annexed for limited purposes may designate an area within its ETJ as a planned unit development district by written agreement with the owner of the land. The planned unit development district shall contain no fewer than 250 acres. (See TLGC Sec. 42.046.) 7., Impact Fees Impact fees, under Ch. 395 of the TLGC, may be applied in the ETJ; however, impact fees for roadway elements cannot be imposed in the ETJ. Paris does not collect such fees at this time. 8. MuniciJaal Drainage Utilit Systems Under Sec. 402.044 (8) of the TLGC, the boundaries of a city's drainage system service area may be extended within the ETJ that contribute overland flow into the watershed of the city. Paris has no such system at this time. 9. !he 5�000ITFoot "Nuisance Zone" Section 217.042 of the TLGC states as follows: (A) The municipality may define and prohibit any nuisance within the limits of the municipality and within 5,000 feet outside the limits, without regard to its ETJ. (B) The municipality may enforce all ordinances necessary to prevent and summarily abate and remove a nuisance. If a home -rule city wishes to enforce these activities extraterritorially, city ordinances must be amended to reflect the extraterritorial application of the ordinances. Also, a home -rule city cannot just state that all conduct is a nuisance and extend such nuisance regulations 5,000 feet from the city's boundaries. A "nuisance" is anything that works injury, harm or prejudice to an individual or the public, or which causes a well-founded apprehension of danger. A nuisance obstructs, impairs or destroys the reasonable, peaceful and comfortable use of property. 10. Economic Devglo ment HB 918, effective May 17, 2005, amended Section 380.001(a) of the TLGC to include a municipality's ETJ and areas annexed for limited purposes as part of the municipality for purposes of establishing economic development programs. 56 466, effective September 1, 2005, amended a number of Sections of chapter 377 of the TLGC relating to municipal 8 development districts. The amendments allow any municipality to create a municipal develop- ment district, and allow that a municipal development district may include, in whole or in part, a municipality's ETJ. 11. The "SOB" Zone Chapter 243 of the TLGC allows city and county regulation of sexually oriented businesses ("SOBs"). Most municipal ordinances that regulate SOBs provide distance requirements; i.e., requirements that a SOB may not be located within a certain number of feet of a church, school, residentially -zoned area, day care center or other sexually oriented business. (Sec. 243.006 (a)). Section 243.003 (b) of the TLGC specifically, states that "fa)regulation adopted by a municipality applies only inside the municipality's corporate limits." However, after discussion of case law from other states, the Texas Attorney General concluded that even though Section 243.003 of the TLGC does not give extraterritorial effect to an SOB ordinance, Section 243.006(a)(2) of the TLGC nonetheless may apply. "A city may apply a municipal ordinance to prohibit a sexually oriented business within a specified distance of a school, church, or other entity covered by Section 243.006 (a) (2) of the TLGC even though that entity is not within the corporate limits of the city in question, so long as the sexually oriented business is within those limits. Such application does not violate the statutory requirement that the ordinance only apply in the city's corporate limits." Therefore, the distance requirements contained in local SOB ordinances may be enforced, even if the underlying SOB ordinance has no extraterritorial effect. 9 The City of Paris seeks to annex property within its extraterritorial jurisdiction for the following purposes: . To promote orderly growth by facilitating long-range planning for the provision of municipal services and by applying appropriate land use regulations, development standards, property maintenance standards, fire codes, construction codes, and environmental regulations. To diversify the economic base and create job opportunities by annexing property for commercial and industrial development. To fulfill these purposes, the city has formulated this annexation policy in order to: ® Provide the city council with more specific, objective, and prescriptive guidance for making annexation decisions. Enable the city to be more proactive in identifying areas for annexation by providing for a regularly updated annexation program. Provide for meaningful public participation in formulating the annexation program as part of the regular update of the city's comprehensive plan. Issues that should be considered include: Physical Boundaries Proposed annexations should acknowledge, so far as possible, existing or proposed physical features which can constitute boundaries between different areas. For example, natural features such as rivers, streams, or pronounced topographic changes, and man-made elements like railroads and existing or planned expressways and freeways, can be appropriate boundaries between the annexation areas of two or more communities. Le^a I and Administrative Boundaries„ Invisible boundaries are sometimes just as important as the strong visible barriers just described. County lines are permanent political boundaries that can serve as appropriate annexation limits. Though existing property lines, easements, corporate limits and the administrative boundaries of park districts, fire protection districts, and elementary and high school districts, can and do change, they should be respected as far as possible to avoid confused jurisdictions and administrative problems. • Natural Drain a a Divides Because of the high capital costs associated with sanitary sewer installations (as well as, of course, other utility installations), municipalities should typically annex within natural drainage basins to achieve the economies of gravity sewer flow. In areas, however, where, for example, a countywide sewer system has been proposed, drainage divides are less important as a guideline for annexation boundaries. 10 AbwilityWto Provide Sery cgl..g_tyd Facilities Properties or an area should be annexed only to a municipality willing and able to provide fire and police protection and refuse collection immediately and sanitary sewer and water service within a reasonable period of time. Provision of sewer and water service should, however, not be at the expense of areas already within the municipality that still do not have these services. • SirrL)Iification of Municipal Boundaries Annexations should be encouraged and enhanced that have the effect of consolidating a community's corporate area and reducing the irregularities that previous annexations may have added to the corporate limits. "Squaring off' the municipal limits to create an easily recog- nizable shape can enhance the image that residents have of their municipality and create a more logical shape for administering services. Also, more logical and easily definable configurations of annexed property also provide the development community with opportunities oftentimes to create developments that are more efficient and aesthetically pleasing. Annexation lines should be drawn so as to avoid ribbons or odd pieces of unincorporated land between communities. It is preferable for municipalities to abut and have a common boundary rather than be separated by a small unincorporated area. • Cost -Revenue Analysis The deficit of income to be realized from the annexed area against the expenses to the municipality in serving it should be reasonable. Cost -revenue analysis, a topic in itself and beyond the scope of this report, can compare the annexation area's potential revenue base with the costs of furnishing necessary services. For example, consideration should be given to a situation whereby a city annexes a residential subdivision that was not built to that city's subdivision standards. In the long -run, therefore, the current citizens within the annexing municipality may have to pay for upgrading said potentially annexed subdivision. Economic Develpp,ment In conjunction with cost -benefit analysis, Paris can use annexation, where appropriate, as a tool to stimulate local and regional economic growth and implement sound, long-range capital improvement programming. A sub -tool for this kind of economic development could be, for example, public-private partnerships and investments. • Comrehensive Plans and Zoning District Maps Texas does not allow zoning of unincorporated areas. Therefore, if property is annexed, it should be zoned as soon as possible to be in conformance with the annexing municipalities' future land use plan within its comprehensive plan. If such zoning does not occur in a timely manner, the municipality runs the risk of having its recently annexed area developed with land uses that may be incompatible with that city's land use plans, growth -goals, and policies. • Parks,„ITRgjption, and Orae„n Space, Oftentimes, parks, recreation, and open space plans can be more fully implemented if linkages can be made to other parks elements, to increase citizen use, city design, and aesthetic features. In certain instances, therefore, it could be an important factor to annex areas outside of Paris that could enhance trail systems, as well as use environmental resources that are presumably outside the city (e.g., flood plan and/or other environmentally sensitive, archeological and/or historical sites or interesting areas). 11 .2n..lu. unit o Territory to be annexed must be contiguous to the annexing municipaRy. Strap or tentacle annexations along roads or, easements, whHe held as legal in sunrwne cases, should be avoided because oftentimes such annexations do not aHow for area design and/or depth of property to create weU.-deli rued and functioning developments of various types of land uses, l ernsit . Territory to be annexed should have a population density sufficient to warrant the extension of rwnn..uu kJpal services. "rhe crest: of providing services and uudlities should not unduly burden the tax rate of a potential annexing body. As Mated, what its urban should be rinuuNcipal. evelopurnevnt of a sufficient intensity to require municipal services (public water, sewerage, etc.) should becornne part of soirnne m uvnicil:nahty,. In addition, areas not yet jpossessing urban character, that are in the path of impending urban devOopmernt can also be good candidates for annexation. Who Should Annex? Atter it has II°yeeun determined that an area is suitable for, annexation, a second question often arises in many parts of the country where several mu.uunicipahties .are in close proxk pity to each other. That is, which of two or three potential annexing bodies shoOd annex it? Annexation of an unincorporated area by one muuunicipaRy or another can have many important physical, social, and firnauncW consequences for the area annexed as well as for the anineAng unnu.uvnicipality, Four overall general goals that good annexations satisfy are; _121 n rn i derjbt!., Annexations ns shouuld encourage feefi n s of comirvnauunity cohesive -nne.sso Businesses and residents should have a sense sof belongiing to the municipality within whose corporate Hmit.s they live and/or work.. a.-pu_9 n. Annexations should promote economy by rninfirnizing the crusts of providing .sevvices to new areas and by providing opportunities to expand the local tax l:nase, Convenience. [Existing avid future residents and/or businesses within annexation areas .shoOd find it convenient -to use the public and private services avid faciiities provided by the annexing municipality. • Sian licit, Arnrnersatio n boundaries should be regular and to iicall to lacilliitate adinnirnistratlon of services arnd fi,.uu-ther a sense sof community identity, 12 FART III: DEFINITIONS Annexation — The legal process by which a city extends its boundaries. A city may annex property only within its extraterritorial jurisdiction, unless the city owns the area. The city enforces all ordinances, provides services as provided by law, and assesses property taxes and sales taxes. Annexation Plan — A document required by Texas Local Government Code, Section 43.052, identifying certain kinds of areas that a city intends to annex. The plan must identify any areas with 100 or more separate lots or tracts of land containing residential dwellings that the city intends to annex, unless more than 50 percent of the property owners request annexation. The plan may also identify other areas. • Areas that are identified in the plan may only be annexed three years after the plan is adopted. Annexation Policy — A set of guidelines to assist in making annexation and disannexation decisions. Annexation Program — A regularly updated document identifying areas that the city wishes to consider for initiation of annexation during the succeeding five-year period. The annexation program expresses the city's intent to consider specific areas for annexation, but is not legally binding. Inclusion of an area in the program does not obligate the city to annex that area, nor does exclusion of an area from the program prevent the city from annexing the area. Disannexation — The legal process by which a city removes an area from its boundaries. Enclave — An area within the city's extraterritorial jurisdiction that is surrounded, or very nearly surrounded, by the corporate limits of the City of Paris and/or the corporate limits or extra -territorial jurisdiction of other municipalities. Extraordinary Economic Development Project — A commercial or industrial project that is eligible for property tax abatement under the city's tax abatement polity. Extraterritorial Jurisdiction (ETJ) — Unincorporated area extending generally two miles from the city limit, excluding other incorporated municipalities and their ET1s, in which the city has the authority to annex property. Full Municipal Services — Services provided by an annexing municipality within its full -purpose boundaries, including water and wastewater services and excluding gas or electrical service. The City of Paris provides the following services, including but not limited to: fire and police protection; emergency medical services; access to water and wastewater services unless such services are provided by another utility; solid waste collection; operation and maintenance of parks, publicly -owned facilities, and streets; library services; drainage and storm sewer maintenance; enforcement of environmental health, zoning and subdivision ordinances; enforcement of building and construction codes; and inspection services. Growth Center — An area that contains, or has the capacity to contain, compact, higher intensity urban land uses, as designated by the city council in the city's comprehensive plan. There are two types of growth centers: 13 Mixed -Use Growth Centers — A highly urbanized area that has many characteristics of a downtown: a concentration of jobs, housing units, schools, parks, and other public facilities, public transportation hubs, pedestrian activity and a sense of place. This mix of uses supports sustainable development, which seeks to balance access, mobility, affordability, community cohesion, and environmental quality. Industrial Growth Center — An area consisting primarily of industrial and/or commercial uses, with a high concentration of jobs, mostly industrial in nature. Other related and supporting uses include office space and services. Unlike mixed-use growth centers, residential uses are generally discouraged within industrial growth centers. Infrastructure — Facilities necessary to provide city services, usually referring to physical assets such as streets and utility lines. Long -Term Development — Planned construction of residential, commercial, and/or industrial uses that is anticipated to occur beyond a three-year timeframe. Planning Study — A document prepared by a municipality, pursuant to Section 43.123 of the Texas Local Government Code, prior to annexing an area for limited purposes, which identifies EXHIBIT A projected development; the need for annexation; the impact of annexation on surrounding residents, landowners, and businesses; and the proposed zoning of the area. Protest Petition — A statement expressing opposition to a proposed city -initiated annexation and containing the signatures of property owners representing 50 percent or more of the parcels within the territory to be annexed and 50 percent or more of the land area within that territory. Service Plan — A document adopted by the city council, pursuant to Sections 43.056 and 43.065 of the Texas Local Government Code, describing the schedule for a municipality to provide full municipal services to an area annexed for full purposes. On the effective date of annexation, a municipality must provide: police and fire protection; emergency medical services; solid waste collection; operation and maintenance of water and wastewater facilities in the area that are not within the service area of another water or wastewater facility; and operation and maintenance of roads and streets (including lighting), parks, playgrounds, swimming pools and other publicly -owned facilities, buildings or services if those services are provided by the municipality within its corporate boundaries. A municipality must provide full municipal services, which means all services provided within the city including water and wastewater services, within 2% years after annexation but may extend the deadline to 4Y years after annexation for services that cannot reasonably be provided within 2%: years. Urban Development — Development requiring water, wastewater, and other municipal services to promote public health, safety and welfare. It may include residential development with a density equal to or greater than one dwelling unit per acre, as well as commercial and industrial development. 14 PART IV: CRITERIA & PROCEDURES A. Annexation The city will consider full -purpose annexation of any area within its extraterritorial jurisdiction if and only if the area meets one or more of the following seven criteria: 1. Enclave: The area meets both of the following conditions: a. The area is an enclave and the city and its citizens would benefit from a logical city limit boundary that provides for the orderly and efficient provision of services; and b. The city is able to provide municipal services within 4Y2 years of annexation in accordance with state law, without negatively impacting service provision within the city. 2. Urban Development: The area meets all three of the following conditions: a. The city is aware of or anticipates development activity of an urban nature in the area; and b. The city is able to provide municipal services within 4% years of annexation in accordance with state law, without negatively impacting service provision within the city; and c, The city has determined through an appropriate analysis of prospective revenues and expenditures that cumulative revenues will exceed cumulative expenditures for each affected budget fund over the 10 -year period immediately following annexation, or over a longer period as appropriate for long-term development. 3. Growth Center: The area meets all three of the following conditions: a. The area encompasses a designated growth center and thus requires urban services to develop as planned; and b. The city is able to provide municipal services within 4% years of annexation in accordance with state law, without negatively impacting service provision within the city. c. The city has determined through an appropriate analysis of prospective revenues and expenditures that cumulative revenues will exceed cumulative expenditures for each affected budget fund over the 10 -year period immediately following annexation, or over a longer period as appropriate for long-term development. 4. Adversemlct: The area meets both of the following conditions: a. Without annexation, potential development activity is likely to have an adverse fiscal or environmental impact on the city due to unregulated land uses and the city's inability to enforce development standards, building codes, and/or environmental regulations; and 15 b. The City is able to provide municipal services within 4% years of annexation in accordance with state law, without negatively impacting service provision within the city. 5.Otjon,wto Expand: The area meets both of the following conditions: a. Without annexation, interested parties may incorporate one or more separate municipalities or take other legal actions that might be detrimental to the city's orderly growth. b. The City is able to provide municipal services within 4% years of annexation in accordance with state law, without negatively impacting service provision within the city. 6. ,Po;ulated Area,: The area contains 100 or more separate lots or tracts of land containing residential dwellings and thus must be included in the municipal annexation plan three years prior to full -purpose annexation per state law. 7. Lone-TermDevelopment: The area is proposed for long-term development. The city will determine the feasibility of entering into an agreement with the property owner(s) for annexation. The agreement may provide for the property to be annexed for full purposes in phases. In accordance with Sections 43.056 and 43.065 of the Texas Local Government Code, the Paris Community Development Department shall prepare a service plan that provides for the extension of full municipal services to each area to be annexed for full purposes. The department shall prepare the service plan after the city council establishes the annexation timetable and shall make the plan available to the public for review and comment in advance of required public hearings. The city shall adopt the service plan by ordinance at the time the city annexes the area. B. General Provisions The following provisions apply to all proposed annexations: 1. As a prerequisite for any proposed annexation, the City Manager shall certify that the proposed annexation would have no adverse effect upon the provision of municipal services within the City. 2. The City will annex any rights-of-way that are adjacent to and provide access to annexed property. C. Disannexation Factors to be considered regarding disannexation are whether the issues identified in the previous sections have been effectively addressed or implemented. Therefore, if property that is already annexed has created problems for Paris because the original reason(s) and or situation(s) that generated the annexation in the first place do not satisfy positive criteria for annexation, then said properties should be considered for disannexation. Again, as with annexation, various weights should be given to the factors involved when evaluating any specific area for disannexation. The City will consider disannexation of any area within its corporate limits if so requested by a majority of the property owners(s) and if the area fails to meet at least one of the above seven criteria, and if: The proposed disannexation is part of an identifiable, logical whole (versus individual parcels) which neither creates "holes" inside the existing corporate city limits, nor forces any other area of the city outside the revised city limit boundary line ('islands" outside the revised lines). 16 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, INITIATING THE DISANNEXATION PROCESS FOR FOUR PARCELS OF PROPERTY LOCATED ON OR AROUND COUNTY ROAD 22500 (LCAD#s 71112, 71113, 70422, AND 70423) WITHIN OF THE CITY LIMITS OF THE CITY OF PARIS AND SETTING PUBLIC HEARINGS REGARDING SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city staff has presented to the City Council a petition brought by the Nexus Renewable Power, LLC ("Nexus") on behalf of Robert Moore, the property owner, for disannexation of property he owns which is currently located within the city limits of the City of Paris, said property being four parcels of property located on or around County Road 22500, west of the City of Paris (LCAD#s 71112, 71113, 70422, and 70423), comprising approximately 291 acres; and, WHEREAS, the City Council wishes to initiate the disannexation process as set forth in Chapter 43 of the Texas Local Government Code with respect to said petition; 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 Council hereby initiates the process of disannexation as set forth in Texas Local Government Code Chapter 43 regarding the petition of Nexus Renewable Power, LLC ("Nexus") submitted on behalf of Robert Moore, the property owner, for disannexation of property he owns which is currently located within the City Limits of the City of Paris, said property being four parcels of property located on or around County Road 22500, west of the City of Paris (LCAD# 71112, 71113, 70422, and 70423), comprising approximately 291 acres, being more specifically described ini i _A attached hereto and for all purposes incorporated herein. Section 3. That the City Council hereby sets public hearings on the petition, as required by law, as follows: August 5, 2024 at 5:30 p.m. at the special meeting of the City Council August 12, 2024 at 5:30 p.m. at a regular meeting of the City Council Section 4. That the city shall publish notice of said public hearings in The Paris News on July 25, 2024. Section S. That the City Council will consider an ordinance disannexing the tract at its regular meeting on September 9, 2024. Section 6. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 24nd day of June, 2024. Mihir Pankaj, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney EXHIBIT A Ruth Sisson, County Clerk Lamar COMPANY,BY:STONE TITLE GENERAL WARRANTY DEED 22-13828 (Vendor's Lien Reserved and Assigned to Tbird Party Lender) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Effective Date: June _L2_�2022 Grantor: Charles G. Dunagan, a single man Grantee: Robert L. Moore Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, and the further consideration of the execution and delivery by the Grantee of that one certain promissory note of even date herewith in the principal sum of $300,000.00, payable to the order of Guaranty Bank & Trust, N.A., ("Lender"), as therein specified, providing for acceleration of maturity and for attorney's fees, secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to _ ( _ Trustee. Property: SEE EXHIBIT "A" ATTACHED HERETO Reservations From and Exceptions to Conveyance and Warranty: This conveyance, however, is made and accepted subject to all outstanding mineral interest, restrictions, reservations, easements, covenants and conditions, relating to the herein above described property as now reflected by the records of the County Clerk of Lamar County, Texas. 194574-2022 06115/2022 01:40:50 PM Page 2 of 6 194574-2022 Page 2 of 6 1. Right of Way Deed to the State of Texas dated July 2, 1952, recorded in Volume 325, Page 501, Lamar County Deed Records. 2. Channel Easement to the State of Texas dated July 2, 1952, recorded in Volume 325, Page 500, Lamar County Deed Records. 3. Right of Way Deed to Gulf Colorado & Santa Fe Railway Company, dated October 23, 1886, recorded in Volume 53, Page 71, Lamar County Deed Records. 4. Easement to Lamar County Water Control and Improvement District #1 dated March 3,1959, recorded in Volume 356, Page 499, Lamar County Deed Records, 5. Easement and Right of Way to Texas Power and Light Company of Dallas, Texas dated March 8, 1961, recorded in Volume 374, Page 231, Lamar County Deed Records. 6. Easement to Lamar County Water Control and Improvement District #1 Auds Creek, dated February 25,1963, recorded in Volume 398, Page 70, Lamar County Deed Records. 7. Boundary Agreement between Grace Dunagan and Kimberly -Claris Corporation dated November 30, 1982, recorded in Volume 651, Page 680, Lamar County Deed Records. 8. Easement and Right of Way to Texas Power and Light Company of Dallas, Texas dated April 25, 1975, recorded in Volume 568, Page 578, Lamar County Deed Records. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor binds Grantor and Grantors heirs, executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. THAT, Lender, at the instance and request of the Grantee herein, having advanced and paid in cash to the Grantor herein that portion of the purchase price of the herein 194574-2022 06/15/2022 01:40:50 PM Page 3 of 6 194574-2022 Page 3 of 6 described property as is evidenced by the herein above described Note, the Vendor's Lien, together with the Superior Title to said property, Is retained herein for the benefit of said Lender and the same are hereby TRANSFERRED AND ASSIGNED to said Lender, its successors and assigns. Payment of ad valorem taxes for the current year having been assumed by grantee. When the context requires, singular nouns and pronouns include the plural. (es_. CharG. Dunagan ,, STATE OF TEXAS COUNTY OF LAMAR 194574-2022 06/15/2022 01:40:50 PM Page 4 of 6 194574-2022 Page 4 of 6 ACKNOWLEDGMENT I This instrument was acknowledged before me on the day of A 61, 2022, by Charles G. Dunagan. Fa+_ee� Anianda Posey * r } Nowy Public, State of Texas t +ryi y Cotmn. Expires November 10, 2024 •"rfov No ID 13089733-2 After Recording Return To: tdouF - kata `7f 160 o afy Public, State of Texat 194574-2022 06/15/2022 01:40:50 PM Page 5 of 6 194574-2022 Page 5 of 6 Zbbat-f- %Awor-aa L -e- bA-. �. JAZ-: q�?o21 co 0 r O 4i o s 5 IN• 4e. 3� 194574-2022 06/15/2022 01:40:50 PM Page 6 of 6 194674-2022 Page 6 of 6 Field Notes Being all that certain tract of land situated in the City of Paris, Lamar County, Texas, a part of the Lemuel Ewer Survey, Abstract No. 313, the M. E, P. and P. R. R. Survey, Section No. 37, Abstract No, 637, including the 177.44 acre tract in said. M. E. P, and P. R. R. Survey and the 15 acre tract in the Ewer Survey conveyed to G. O. Dunagan by Partition Deed between Oscar and May Belle Dunagan, G. O. and Bertha Dunagan and Etto Richie as part of the Second Pari recorded In Volume 223, Page 588 of the Lamar County Deed Records and being further described as follows: Beginning at a 1/2" iron pin found for corner, the Northeast corner of said 177.44 acres; Thence South with the East line of said 177.44 acres and the West line of Tract II conveyed to Kimberly Clark Corporation by deed recorded in Volume 647, Page 239 of the Lwnar County Deed Records a distance of 944.58 feet to a 1/2" iron pin found for corner (capped Chaney 4057), the Northwest corner of said 15.0 acres; Thence North 89046' East with South line of said Kimberly Clark. Tract II and the North line of said 15 acres a distance of 1249.14 feet to a found wood fence corner in the West line of R M. Highway No. 137; Thence South 3V59' West with said West line a distance of 506.35 feetto a 1/2" iwnpin set for corner (capped Chaney 4057) in the intexsection with the North line of the former G. C. and S. F. Railroad; Thence South 67127' West with said North line a distance of 5195,24 feet to a 1/2" iron pin set for corner (capped Chaney 4057), the Southwest earner of said 177.44 acres; Thence North 1°55117" East with the West line of said 177,44 acres and the Bast line of a 160.328 acre tract conveyed to Robert Moore by deed recorded as Lamar County DocumentNo. 180059-2021 a distance of 1913.97 feet to a found 3" steel fence corner, the Westerly Northwest corner of said 177.44 acres; Thence East with the North line of said 177.44 acres and the South. line of said 160.328 acres a distance of 1372.47 feet to a 112" iron pin set for corner (capped Chaney 4057); Thence North V06' West with'the West line of said 177.44 acres and the East line of said 160.328 acres a distance of 1433.75 feet to a 1/2" iron pin found for corner, the Northerly Northwest coiner of said 177.44 acres; Thence East (basis of bearing per North line 177,44 acres Vol. 223, Pg, 588 Lamar County Deed Records) with said Nortlx line and the South line of a 231.7 acre tract conveyed to Kimberly Clark Corporation by deed recorded in Volume 647, Page 249 of the Lamar County Deed Records a distance of 2405.09 feet to the point of beginning and containing 190.878 acres of Iand. 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Im A amed a few 0% W4 Rhol Oft 4mm 6m A at {'tip. tcl. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DENYING A PETITION TO DISANNEX FOUR PARCELS OF PROPERTY LOCATED ON OR AROUND COUNTY ROAD 22500 (LCAD#s 71112, 71113, 70422, AND 70423) WITHIN OF THE CITY LIMITS OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city staff has presented to the City Council a petition brought by Nexus Renewable Power, LLC ("Nexus") on behalf of Robert Moore, the property owner for disannexation of property he owns which is currently located within the City Limits of the City of Paris, said property being four parcels on or around County Road 22500 (LCAD#s 71112, 71113, 70422, and 70423), being approximately 291 acres; and, WHEREAS, the City Council finds that the petition does not meet the criteria for disannexation in the City of Paris annexation policies and that disannexation of the subject property would not be in the public interest. 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 and incorporated herein for all purposes. Section 2. That the City Council finds that the petition of Nexus Renewable Power, LLC ("Nexus"), submitted on behalf of Robert Moore, the property owner, for disannexation of property he owns which is currently located within the city limits of the City of Paris, said property being four parcels on or around County Road 22500 (LCAD#s 71112, 71113, 70422, and 70423), being approximately 291 acres, more specifically described in ExIlUBLA attached hereto and for all purposes incorporated herein, does not meet the criteria for disannexation in the City of Paris annexation policies and that disannexation of said property would not be in the public interest. Section 3. That the petition for disannexation is inconsistent with the city's comprehensive plan. Section 4. That given the above findings, the City Council of the City of Paris, Texas hereby denies the petition of Nexus Renewable Power, LLC ("Nexus") for disannexation of four parcels of property located on or around County Road 22500 (LCAD#s 71112, 71113, 70422, and 70423) comprising approximately 291 acres, being more specifically described in Exhibit A attached hereto and for all purposes incorporated herein. Section 5. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 24th day of June, 2024. Mihir Pankaj, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney EXHIBIT A `&i%"}Z S',TIV*AmlkTLTI Ruth Sisson, County Clerk - Lamar County, BY:STONE TITLE COMPANY, INC GENERAL WARRANTY DEED 22-13828 (Vendor's Lien Reserved and Assigned to Third Party Lender) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Effective Date: June` 2022 Grantor: Charles G. Dunagan, a single man Grantee: Robert L. Moore Consideration: TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration, and the further consideration of the execution and delivery by the Grantee of that one certain promissory note of even date herewith in the principal sum of $300,000.00, payable to the order of Guaranty Bank & Trust, N.A., ("Lender"), as therein specified, providing for acceleration of maturity and for attorney's fees, secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to t(I m.._ _._ ......... _ _._ Trustee. Property: SEE EXHIBIT "A" ATTACHED HERETO Reservations From and Exceptions to Conveyance and Warranty: This conveyance, however, is made and accepted subject to all outstanding mineral interest, restrictions, reservations, easements, covenants and conditions, relating to the herein above described property as now reflected by the records of the County Clerk of Lamar County, Texas. 194574-2022 06/15/2022 01:40:50 PM Page 2 of 6 194574-2022 Page 2 of 6 1. Right of Way Deed to the State of Texas dated July 2, 1952, recorded in Volume 325, Page 501, Lamar County Deed Records. 2. Channel Easement to the State of Texas dated July 2, 1952, recorded in Volume 325, Page 500, Lamar County Deed Records. 3. Right of Way Deed to Gulf Colorado & Santa Fe Railway Company, dated October 23, 1886, recorded in Volume 53, Page 71, Lamar County Deed Records. 4. Easement to Lamar County Water Control and improvement District #1 dated March 3, 1959, recorded in Volume 356, Page 499, Lamar County Deed Records. S. Easement and Right of Way to Texas Power and Light Company of Dallas, Texas dated March 8, 1961, recorded in Volume 374, Page 231, Lamar County Deed Records. 6. Easement to Lamar County Water Control and Improvement District #1 Auds Creek, dated February 25,1963, recorded in Volume 398, Page 70, Lamar County Deed Records. 7. Boundary Agreement between Grace Dunagan and Kimberly-Clarl{ Corporation dated November 30,1982, recorded in Volume 651, Page 680, Lamar County Deed Records. 8. Easement and Right of Way to Texas Power and Light Company of Dallas, Texas dated April 25, 1975, recorded in Volume 568, Page 578, Lamar County Deed Records. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor binds Grantor and Grantors heirs, executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. THAT, Lender, at the instance and request of the Grantee herein, having advanced and paid in cash to the Grantor herein that portion of the purchase price of the herein 194574-2022 06/15/2022 01:40:50 PM Page 3 of 6 194574-2022 Page 3 of 6 described property as is evidenced by the herein above described Note, the Vendors Lien, together with the Superior Title to said property, is retained herein for the benefit of said Lender and the same are hereby TRANSFERRED AND ASSIGNED to said Lender, its successors and assigns. Payment of ad valorem taxes for the current year having been assumed by grantee. When the context requires, singular nouns and pronouns include the plural. ' 'k fi p' P ✓' W n ✓' �+ / / Y �+✓' a r'm„,' Char es G. Dunagan STATE OF TEXAS COUNTY OF LAMAR 194574-2022 06/1512022 01:40:50 PM Page 4 of 6 194674-2022 Page 4 of 6 ACKNOWLEDGMENT , This instrument was acknowledged before me on the ay of It PI L 2022, by Charles G. Dunagan. Amanda Posey NonryPubG0. State nfTexas __ Conn. PxpiMNuvouibu 10'224 je ov}?. I3olsuy 1II 13089733-2 After Recording Return To: 3-7 ,o ary Public, State of Texas �3 194574-2022 06/15/2022 01:40:50 PM Page 5 of 6 194574-2022 Page 5 of 6 �1\` t�'�, L.•L D6c. Na. 4600 41_? 4) t-7, E. 1413.9'7 , pf tJ O'OGi' i�.3�.��'• n Y Q a a tp + � > 3 ° 0 co r t, TD 7 Sm sIc 0 L f 0 AHISITA 194574-2022 06/15/2022 01:40:50 PM Page 6 of 6 194574-2022 Page 6 of 6 Field Notes Being all that certain tract of land situated in the City of Parls, Lamar County, Texas, a Part of the Lemuel Ewer Survey, Abstract No. 313, the M. E, P. and P. R. R, Survey, Section No. 37, Abstract No, 637, including the 177.44 acre tract in said M. E. P. and P. R. R. Survey and the IS acre tract in the Ewer Survey conveyed to G. 4. Dunagan by Partition Deed between Oscar and May Belie Dunagan, G. O. and Bertha Dunagan and Etta Richie as pate of the Second Part recorded In Volume 223, Page 588 of the Lamar County Deed Records and being :ffirther described as follows: Beginning at a 1/2" iron pin found for corner, the Northeast corner of said 177.44 acres; Thence South with the East line of said 177.44 acres and the West litre of Tract 11 conveyed to Kimberly Clark Corporation by deed recorded in Volume 647, Page 239 of the Lwnar County Deed Records a distance of 944.58 feet to a 1/2" iron pin found for coarser (capped Chaney 4057), the Northwest corner of said 15.0 acres; Thence North 89146' East with South line of said Kimberly Clark Tract It and the North lute of said 15 acres a distance of 1249.14 feet to a found wood fence coiner in the West line of R M. Highway No. 137; Thence South 34°59' West with said West line a distance of 506.35 feetto a 1/2" ironpin set for corner (capped Chaney 4057) in the intersection with the North line of the former G. C. and S. R. Railroad; Thence South 67°27' West with said North line a distance of 5195.24 feet to a. 112" iron pin set for corner (capped Chaney 4057), the Southwest corner of said 177.44 acres; Thence North 1155117" East with the West line of said 177.44 acres and the East line of a 160.328 acre tract conveyed to Robert Moore by deed recorded as Lamar County DocumentNo. 180059 2021 a distance of 1913.97 feet to a found 3" steel fence corner, the Westerly Northwest corner of said 177.44 acres; Thence Bast with the North line of said 177.44 acres and the South line of said 160.328 acres a distance of 1372.47 feet to a 11211 iron pin set for corner (capped Chaney 4057); Thence North V06' West with -the West line of said 177.44 acres and the East line of said 160.328 acres a distance of 1433.75 feet to a 1/2" iron pin found for corner, the Northerly Northwest corner of said 177.44 acres; Theatce East (basis of bearing per North line 177,44 acres Vol. 223, Pg, 588 Lamar County Deed Records) with said Nod line and the South line of a 231.7 acre tract conveyed to Kimberly Clark Corporation by deed recorded in Volume 647, Page 249 of the Lamar County Deed Records a distance of 2405.09 feet to the point of beginning and coaztaiz ing 190.878 acres of land. 1, R. Brandon Chaney, Registered Professional Land Surveyor No. 4057, St4te of Texas, state that the above Plat and Field Notes depict and re resent an actual Survey ma,g•cn't[1 and under my supervision and finished�� t ---`-' 2022. 7.7-7�" '�J` r r.r ° f• It R Biany. on Chaney R.P.L.S. 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M4 UOU06 & .0.0 1k. 041i. be w go it* -f 4.66 " No== r Orwalb D'd Iho I WS &a we Ut QUAIM am A r2@6 do" Item No. 15 Memorandum I TO: Mayor, Mayor Pro -Tem & City Council Grayson Path City Manager FROM: Robert Vine, Deputy City Manager SUBJECT: Rezoning of Church Street (Portion of HD -Historic Overlay District) DATE: June 17, 2024 BACKGROUND: At the last City Council meeting, staff was tasked to review and report back to Council about concerns raised by residents on Church Street during the citizens forum relating to the current (217) Two -Family Dwellings zoning district that allows (duplexes) on Church Street. STATUS OF ISSUE: Current Zoning District: (217) Two -Family Dwelling District. The current zoning district is not appropriate for Church Street strip therefore Single-family Dwelling District is appropriate for the area. Current Land Use: There are predominantly Single -Family Dwelling units than 217 - Two Family dwelling (duplex) on Church Street. Future land Use Map: The map calls for (LDR) Low Density development that constitutes Single- Family Dwelling units and not 2F Two Family Dwelling units. Pursuant to section 913-21 of the Zoning ordinances, before the City Council can take action on this item, it must first appear before the Planning and Zoning Commission to review and consider a recommendation to send to the council. Should the City Council tonight find it fit to pursue this rezoning, it would be scheduled to appear on the agenda for P&Z Commission meeting after stakeholders meeting. It would then be brought back to the City Council. BUDGET: There are no significant budgetary implications due to this rezoning proposal. RECOMMENDATION: 1. Staff recommend approval of rezoning from (2F) Two -Family Dwelling District to (SF 1) Single Family Dwelling District. 2. Staff to organize stakeholders/neighborhood meetings with Church Street residents and stakeholders about Church Street rezoning proposal. 3. Approve recommendation by staff to begin the process of rezoning from (2F) Two -Family Dwelling District to (SF -1) One -Family Dwelling District initiated by residents on Church Street with a proposed demarcated area being part of the (HD) Historic District (Overlay District).