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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, September 23, 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 httl s:// grist.,e�ov/fublic. 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 meetings of August 26, 2024, September 9, 2024, and September 10, 2024. 6. Receive reports and/or minutes from the following boards and commissions: a. Paris Economic Development Corporation (6-25-2024 & 7-12-2024) b. Planning & Zoning Commission (8-5-2024) c. Tax Increment Reinvestment Zone Board (8-8-2024) d. Main Street Advisory Board (8-13-2024) e. Historic Preservation Commission (8-14-2024) f. Building and Standards Commission (8-19-2024) 7. Receive July monthly financial report. 8. Receive August drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve the Final Plat of the Ricardo Ramirez Estates Addition, Lot 1, LCAD 15973, located at 610 W. Austin. 11. Approve the Final Plat of the River Oaks Subdivision Phase II, Lots 1, 2, 3, Block B, LCAD 403262 and 104885, located in the 3000 Block of Aikin Dr. 12. Approve the Final Plat of the Rodriguez 98 Addition, Lot 1, Block A, LCAD 15469, located at N.W. 7t" & Henderson. 13. Approve the Final Plat of the Ranches at Twin Lakes Addition, Lots 1-59, LCAD 71680, 71923, 715679, 70238, 70240 and 403541, located in the ETJ. 14. Approve the refund of funds remaining in RAM's original donation of $300,000.00 in the amount of $108,722.16 in accordance with the January 24, 2024 MOU amendment. 15. Approve an agreement in the amount of $24,255.00 with Baker Tilly for services related to recruitment of a Finance Director; and authorize the Interim City Manager to execute same. Regular Agenda 16. Receive a presentation from CARDS about the solid waste collection process and progress. 17. Discuss and act on a Resolution Amending the Tax Abatement Agreement between the City of Paris and Lionshead Specialty Tire & Wheel, LLC. 18. Discussion and act on an Ordinance Amending Division 2, "Planning and Zoning Commission," of Chapter 2 of the Code of Ordinances of the City of Paris, Texas, to formally reduce the number of members from nine to seven members. 19. Discuss and act on an agreement with LT Wings for construction of an access road, to be funded by LT Wings, LLC; and authorize the Interim City Manage to execute all necessary documents. 20. Discuss and act on an Ordinance approving a negotiated settlement between the Atmos Cities Steering committee and Atmos Energy Corp., Mid -Tex Division regarding the Company's 2024 Rate Review Mechanism filing; declaring existing rates to be unreasonable; adopting Tariffs that reflect rate adjustments consistent with the negotiated Settlement; finding the rates to be set by the attached Settlement Tariffs to be just and reasonable and in the public interest; approving an attachment establishing a benchmark for Pensions and Retiree Medical Benefits; requiring the Company to reimburse ACSC's reasonable ratemaking expenses; determining that this Ordinance was passed in accordance with the requirements of the Texas Open Meetings Act. 21. Discuss and act on meeting dates in November and December. 22. Discuss and act on a request from the TIRZ Board to approve an expenditure for the retention of a consultant to assist the Board with strategies for reviewing and possibly amending the Project and Finance Plans for TIRZ No. 1 23. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. 24. Adjournment. Certification 1 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 September 20, 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 August 26, 2024 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, August 26, 2024, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Mihir Pankaj Mayor Pro -Tem: Gary Savage Council Members: Shatara Moore, Rebecca Norment, Alix Putnam and Rudy Kessel City Staff: Rob Vine, Interim City Manager; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Rich Salter, Police Chief; M.A. Smith, Public Works Director; Osei Amo-Mensah, City Planner; Thomas McMonigle, Tom Hunt, Municipal Judge; Fire Chief; Todd Mittge, City Engineer; Danny Rowell, Interim Utilities Director; and Clyde Crews, Fire Marshal Absent: Council Member: Mickey Ellis Opening Agenda 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. Alvin Atwood, 2419 Bonham — expressed that he was glad about the Council's dialogue with each other. He also said a lot of people from out of town were buying property and letting it grow up. Zion Tarrones, 1095 Culbertson — he said a new skate park needed to be built and he had a petition of over 300 signatures who were in favor of this. Regular Council Meeting August 26, 2024 Page 2 Tommy Haynes, 3095 Abbott Lane — he spoke in support of a COLA for retirees and said there were a narrow window for the updated service credit. Danny Huff, 625 Beaver Creek Road — he spoke in support of the increase of police pay and said it would help with recruitment and retention. 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 Moore. Motion carried, 6 ayes — 0 nays. 5. Approve minutes from the meeting of August 12, 2024. 6. Receive reports and/or minutes from the following boards and commissions: a. Historic Preservation Commission (4-11-2024 & 5-8-2024) b. Tax Increment Reinvestment Zone "TIRZ" Board (7-11-2024) c. Main Street Advisory Board (7-9-2024) d. Airport Advisory Board (5-16-2024) e. Paris Public Library Advisory Board (6-12-2024 & 7-17-2024) f. Building & Standards Commission (7-15-2024) 7. Receive June monthly financial report. 8. Approve RESOLUTION NO. 2024-037: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING EXECUTION OF AN ADVANCE FUNDING AGREEMENT (AFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A TRANSPORTATION ALTERNATIVES SET- ASIDE (TASA) PROJECT; MAKING OTHER FINDINGS AND PROVISIONS AND DECLARING AN EFFECTIVE DATE. 9. Approve the Final Plat of the Jose Hernandez Addition CB 133, Lots 1 and 2, Block A, LCAD 16170 and 16172, located in the 900 Block of W. Sherman. 10. Approve the Final Plat of the Martinez Addition CB 53, Lot 1, LCAD 14244, located at 373 N.W. 5th 11. Close out the contract with Pro Tech Track & Tennis, Inc. for the Pickleball Court Construction Project, accept the completed project, and authorize final payment in the amount of $189,979.99. Regular Council Meeting August 4 Page 12. Discuss and act on ORDINANCE i:.ORDINANCE TEXAS,COUNCIL OF THE CITY OF PARIS, TEXAS,NO. 17 10 OF THE CITY OF PARIS, AS AMENDED,, TO ALLOW 4 s FOR MIXED USE IN .. SERVICENEIGHBORHOOD ADDITION,#17543, LOCATED AT A PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Planner Osei Amo-Mensah explained the applicant was requesting a SUP to allow for a new business "Sage Aesthetics," « Planning and Zoning recommended approval subject to approval of interior fire wall separations and/or fire sprinkler system improvements by the Building Official and Fire Marshal,prior of Occu-oancv. Mr. Amo-Mensah said City Staff also recommended approval Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, ayo antra closed the public hearing. MooreA Motion to approve this item was made by Council Member Shatara carried,seconded by Council Member Kessel. Motion 13. Discuss, conduct a public hearing and act on ORDINANCE4 ORDINANCE ORDINANCEAMENDING ZONING r PARIS, i L TEXAS, AS HERETOFORE AMENDED, REZONE PROPERTIES LOCATED WITHIN HISTORIC (HD-2), OTHERWISE KNOWN ASSINGLE-FAMILY CHANGESDWELLING DISTRICT NO. I (SF -1); DIRECTING OFFICIALTHE ZONING M, PROVIDING ,4 REPEALER i' CLAUSE;CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY AND PROVIDING DATE. Mr. Amo-Mensah said Staff was directed to send this to the Planning and Zoning Commission for consideration, andthe Commission unanimouslyrecommended approval of the amendment. He said Staff also recommended approval. Mayor Pankaj openedthe public hearingand wishing to speak ' forward.this item, to please come Council. She said it cost those living in the Historic District a lot of money anytime they made changes to theirand the changeo Single Family would help their neighborhood. Robert Spain, 655 S. Church — spoke in favor of Single Family and said they had for years to get this done. He also said they were very interested in protecting the Historic District. Regular Council Meeting August 26, 2024 Page 4 Sims Norment, 606 S. Church, he spoke in support of Single Family Dwellings. With no one else speaking, Mayor Pankaj closed the public hearing. A Motion to approve this item was made by Mayor Pro -Tem Savage and seconded by Council Member Norment. Motion carried, 6 ayes — 0 nays. 14. Receive quarterly report on demolition projects. Code Enforcement Supervisor Robert Talley said this was to have been a quarterly report however, the report would cover January through August. Mr. Talley's presentation including identification of substandard structures, identifying the owner and/or lienholder, notify the owners and/or lienholder, place an orange sticker on the structure and publish the violation notice in the Paris News. He explained that once the steps were taken, Staff would present photos and commentary to the Building and Standards Commission, the Commission asks questions and if the owner or lienholder was present at the meeting they were given the opportunity to speak with the Commission, then the Commission would deliberate and place Orders upon the structure. Mr. Talley said after the Orders were issued, they would be sent to the owner and/or lienholder and filed with he County Clerk and once the allotted time required by law had passed, and if there was no appeal to District Court, a request to remove utility services was given, a final non- compliance notice was sent to the owner and/or lienholder, once the utility services were removed the structure would be placed on the demolition list and after the structure was demolished, a bill would be sent to the property owner and/or lienholder. He also said if the bill was not paid, a lien would be filed with the County Clerk against the property. Mr. Talley reported that from 2020 to the present, approximately 255 structures had been presented to BSC for demolition and of those, 162 structures had been demolished. He said currently there were 55 structures remaining on the demolition list. Mr. Talley said the City demolished 45 structures during the 2023-24 budget year and since January, were responsible for demolishing 29 structures. Council Member Norment said the cost of publishing notices was expensive and asked if that was required. Mr. Talley said it was required by State Law. Council Member Putnam asked about the cost of one demolition and Mr. Talley said on an average it was $2,500 to $3,000. Council Member Norment asked if they could take down more if that had more staff. Mr. Talley said they could. Mayor Pro -Tem Savage said with current staff, they had one crew but with more staff they could add another crew. Mr. Talley said during wet months, they were not able to take down as many houses. Mayor Pro -Tem Savage said that meant there was approximately $40,000 worth of work they were not able to get done so in the summer months, and they should be taking down more structures. Mr. Talley said he would go back and look at numbers to determine if they were leaving money on the table, because he did not think it was that much. Mayor Pro -Tem Savage said Council gets a lot of phone calls on these dilapidated structures and asked Mr. Tally if they needed more money. Mr. Talley said with more money, they could take down more structures. Mayor Pro -Tem Savage asked staff to look at other legal ways to notify property owners instead of the newspaper. Mr. Talley said staff would do that, and would reach out to other cities. Council Member Norment inquired if they could use both the abatement and demo team at the same time with no additional costs to the City, and Mr. Talley answered in the Regular Council Meeting August 26, 2024 Page 5 affirmative. Mayor Pankaj asked about specific challenges and Mr. Talley said more education was needed for people to understand which houses and do and do not meet the standards for demolition. 15. Discuss and act on RESOLUTION NO. 2024-038: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE GUIDELINES AND CRITERIA ON THE 5 IN 5 HOUSING INFILL DEVELOPMENT PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Amo-Mensah explained that on March 11, 2024, the City imposed a moratorium on the Housing 5 -In -5 Program to review the efficiency and effectiveness of the program. He said the following major changes/amendments were made: 1) lower limit to a single structure which would allow a smaller contractor or investor to participate in the program; 2) setting a cap of 10 dwelling units per contract -limits conflicts with building and fire codes; 3) reducing incentives for multi -dwelling units on same lot -encourages and promotes more single-family infill projects; 4) restructured reduced permit/plan review/tap fees -reductions better correlate to staff workload; 5) clarified and state zoning policy to reduce confusion and align with the City's comprehensive plan. No zoning change unless there is a substantial change in neighborhood or compatible with he future land use map, as determined by the Director of Planning & Community; 6) included matrix to simplify and increase consumer understanding; and 7) developer must be 80% complete, as determined by the Building Official, with any awarded in -fill agreement/development prior to the submission of a new application. Following a brief discussion. a Motion to approve this item was made by Mayor Pro - Tem Savage and seconded by Council Member Putnam. Motion carried, 6 ayes 0 nays. 16. Discuss and act on ORDINANCE NO. 2024-028: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A REVISED AND CONSOLIDATED WATER CONSERVATION/DROUGHT CONTINGENCY PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS 11.1271 AND 11.272 OF THE TEXAS WATER CODE AND APPLICABLE RULES OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL PRIOR DROUGHT CONTINGENCY AND WATER CONSERVATION PLANS IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Interim Director of Utilities Danny Rowell said updates to the Drought Contingency/Water were required by the Texas Commission on Environmental Quality every five years. A Motion to approve this item was made by Council Member Putnam and seconded by Council Member Kessel. Motion carried, 6 ayes — 0 nays. Regular Council Meeting August 26, 2024 Page 6 17. Discuss and act on any necessary edits to the proposed budget for FY 2024-2025. Interim City Manager Rob Vine reviewed the budget timeline beginning with the August 12 meeting wherein City Council heard a presentation regarding the proposed FY24/25 budget. Mr. Vine said City Council conducted two budget workshops on August 19 and August 22. Mr. Vine said edits made included an increase in police salaries, updated service credits and a COLA for retirees. He also said there was a decrease in the City Attorney's budget, property tax was adjusted to the di-minimis rate, a couple of revenue items were adjusted because they were low. Mayor Pro -Tem Savage said he recently met with Mr. Vine and Mr. Anderson and said most of the Council had expressed they wanted the community development coordinator re- classified because the salary did not reflect the job responsibilities this person was doing. He also said this employee had been overlooked several times, and this had been mentioned for at least three years. Mayor Pro -Tem Savage said he did not want to wait until the next budget year. Mr. Anderson said it was his understanding that a job description for this position was being re- written and once they had that, they could come back with a budget amendment. A Motion to approve the edits as discussed was approved by Mayor Pro -Tem Savage and seconded by Council Member Moore. Motion carried, 6 ayes — 0 nays. 18. Discuss and act on RESOLUTION NO. 2024-039: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING FOR SEPTEMBER 9, 2024, ON THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2024-2025; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Anderson said a public hearing on the proposed budget was required by Section 48 of the City Charter and Section 102.006 of the Local Government Code. He said the City Council needed to pass a resolution calling for a public hearing on the 2024-25 budget on September 9, 2024. A Motion to approve this item was made by Council Member Kessel and seconded by Council Member Norment. Motion carried, 6 ayes — 0 nays. 19. Discuss and act on RESOLUTION NO. 2024-040: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON THE CITY'S PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 2024-2025; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Anderson said a public hearing on the proposed City tax rate was required by Chapter 26 of the Texas Tax Code, and a resolution calling for the public hearing on September 9 needed to be approved. Regular Council Meeting August 26, 2024 Page 7 A Motion to approve this item was made by Council Member Moore and seconded by Council Member Putnam. Motion carried, 6 ayes — 0 nays. 20. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No future events were referenced. 21. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Pro -Tem Savage and seconded by Council Member Norment. Motion carried, 6 ayes - 0 nays. Mayor Pankaj adjourned the meeting at 6:58 p.m. MIHIR PANKAJ, MAYOR JANICE ELLIS, CITY CLERK MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 9, 2024 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 9, 2024, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Mihir Pankaj Council Members: Shatara Moore, Mickey Ellis, Rebecca Norment, Alix Putnam and Rudy Kessel City Staff. Rob Vine, Interim City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Rich Salter, Police Chief; M.A. Smith, Public Works Director; Osei Amo-Mensah, City Planner; Thomas McMonigle, Fire Chief; Tom Hunt, Municipal Judge; Todd Mittge, City Engineer; Danny Rowell, Interim Utilities Director; and Clyde Crews, Fire Marshal Absent: Mayor Pro -Tem: Gary Savage Opening Agenda 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. Danny Huff, 625 Beaver Creek Road — he expressed appreciation to City Council for the kind words they had spoken about the employees and retirees. He especially thanked them for the COLA for retirees and pay increase for police officers. Tommy Haynes, 3095 Abbott Lane — he thanked City Council for restarting the COLA for retirees. Carolyn Williams, 44th Street S.W. — she said she had a problem with taxes increasing. Regular Council Meeting September 9, 2024 Page 2 Brian Brumley, Lamar County — he said he had 70 rental homes and thanked the Mayor and others who helped him in getting trash issues resolved. 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 Moore and seconded by Council Member Norment. Motion carried, 6 ayes — 0 nays. 5. Approve minutes from the meetings of August 19, 2024 and August 22, 2024. 6. Receive reports and/or minutes from the following boards and commissions: a. Paris Visitors and Convention Council (6-25-2024) b. Board of Adjustment (7-2-2024) 7. Approve RESOLUTION NO. 2024-041: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, TO NAME THE CITY OF PARIS SPORTS COMPLEX PICKLEBALL COURTS IN HONOR OF CITIZEN SUE HAYS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Re alar A Benda 8. Receive an update from Garver about the construction and progress of the WWTP Project. Justin Rackley with Garver Engineering firm gave a presentation regarding the progress of Phase I and Phase II of the Wastewater Treatment Plant improvements project. Mr. Rackley began with the construction timelines for both Phase 1 and Phase 2. He said final completion for Phase 1 was estimated for August 14, 2025, and estimated final completion for Phase 2 was April 14, 2026. He depicted photographs and drawings of the pre -construction site, construction phasing, proposed site overview, aeration basins, blower building, primary clarifiers, the MLSS splitter, RAS/WAS pump station, final clarifiers, and the septage receiving and recycle flow PUMP. 9. Conduct a public hearing on the advisability of the creation of the Forestbrook Public Improvement District No. 1 and the proposed improvements to be constructed in such District. Interim City Manager Rob Vine explained that the resolution had been passed to accept the PID creation petition, a professional services reimbursement agreement had been approved and tonight was posted for a public hearing only. Mr. Vine said an ordinance approving issuance and sale of Special Assessment Revenue Bonds and an Ordinance levying PID assessments and approving a final service and assessment plan and related agreement would need to be approved Regular Council Meeting September 9, 2024 Page 3 at some time. He also said Staff recommended that the public hearing be opened and that it remain open until a later date. Mayor Pankaj opened the public hearing and continued the public hearing until a later date. 10. Conduct a public hearing on the City's proposed tax rate for FY 2024-2025. Finance Director Gene Anderson said a hearing on the proposed City tax rate was required by Chapter 26 of the Texas Tax Code. Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. 11. Conduct a public hearing on the City Manager's proposed budget for FY 2024-2025. Mr. Anderson said a public hearing on the proposed City budget was required by Section 48 of the City Charter and Section 102.006 of the Local Government Code. Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. 12. Discuss and act on ORDINANCE NO. 2024-029: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Anderson said the proposed FY2024-25 City budget was filed with he City Clerk on August 12th and presented to the City Council on August 12d'. He also said on August 196 and August 22"d, the City Council held budget workshops and discussed the proposed budget and changes were made to the document. Mr. Anderson said the Ordinance summarized revenues and expenses for all budgeted City funds and departments as amended by the City Council, and provided for certain transfers to be made between various City funds. Council Member Putnam asked if they could first review item 13. A Motion to move item 13 up on the agenda was made by Council Member Putnam and seconded by Council Member Norment. Motion carried, 6 ayes — 0 nays. After discussing and voting on item 13, Mayor Pankaj redirected City Council to item 12. There being no further discussion on item 12, a Motion to approve this item was made by Regular Council Meeting September 9, 2024 Page 4 Council Member Kessel and seconded by Council Member Norment. Motion carried, 5 ayes — 1 nay, with Council Member Putnam casting the dissenting vote. 13. Discuss and act on ORDINANCE NO. 2024-030: AN ORDINANCE REGARDING THE CITY OF PARIS, TEXAS MUNICIPAL RETIREMENT SYSTEM BENEFITS AND AUTHORIZING: (1) NON -RETROACTIVE REPEATING COLAS FOR RETIREES AND THEIR BENEFICIARIES UNDER TMRS ACT §853.404(F) AND (f-1); AND (2) ANNUALLY ACCRUING UPDATED SERVICE CREDITS. Mr. Anderson said in 2004, the City Council adopted Ordinance 2004-051 which repealed the automatic granting of COLAs and employee Updated Service Credits (USC). He also said in 2005, 2006, 2007 and 2008, City Council granted COLAs and USCs. Council Member Putnam expressed concern with approving these items because it would cost the City 1.1 million dollars. She said the police department increase was very much needed, and they had another year to make a decision about the retiree COLA and the USC. Mayor Pankaj said the COLA and the USC were both very much needed, citing the number of vacant positions at the City. He said he believed it would be very beneficial in hiring and retaining employees, as it would make the City more competitive. A Motion to approve this item was made by Council Member Kessel and seconded by Council Member Moore. Motion carried, 5 ayes — 1 nay, with Council Member Putnam casting the dissenting vote. Mayor Pankaj redirected City Council to item 12 for a vote. 14. Discuss and act on ORDINANCE NO. 2024-031: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DISANNEXING PORTIONS OF FOUR PARCELS OF PROPERTY EQUALING APPROXIMATELY 170 TOTAL ACRES AND LOCATED ON OR AROUND COUNTY ROAD 22500 (LCAD#s 71112, 71113, 70422 and 70423) WITHIN THE CITY LIMITS OF THE CITY OF PARIS CONTINGENT UPON EXECUTION OF A DISANNEXATION AGREEMENT WITH THE PETITIONER; APPROVING SAID DISANNEXATION AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAME; ADJUSTING CITY BOUNDARIES OT REFLECT NEW CITY LIMITS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. City Attorney Stephanie Harris reminded City Council that they had discussed this at two previous Council meetings, and answered questions from City Council. Council Member Norment said that she was pro-business but would never be for disannexation because it did not help pro -growth inside the City limits. She also emphasized the fact that the State did not support disannexation per Ms. Harris. Council Member Moore said she favored it because it would be more tax dollars for Chisum ISD. Council Member Kessel said because of the corner property, this property would not be developed for housing and he thought it was important to keep the project moving. Council Member Putnam said she had received some history about Regular Council Meeting September 9, 2024 Page 5 disannexations from the City Attorney and this was the first time a company had requested for disannexation from the City, and that she was not in favor of it. Council Member Putnam asked Council to make sure to ear mark the $400,000.00 the company was paying to the City, if the disannexation was approved so that the funds did not get lost. Mayor Pankaj said he was also pro-business, and was in favor of this disannexation. Subject to the disannexation agreement being executed by Nexus, a Motion to approve this item was made by Council Member Moore and seconded by Council Member Kessel. Motion carried, 4 ayes — 2 nays, with Council Members Norment and Putnam casting the dissenting votes. 15. Discuss downtown trash ordinance, and provide direction to staff. Mayor Pankaj said Council Member Norment placed this item on the agenda. Council Member Norment said she understood that the City did not have an Ordinance addressing the trash and trash bins downtown, and there was a lot of growth downtown. Mayor Pankaj said they needed to take steps to make downtown beautiful and asked how Council wanted to move forward. Council Member Norment suggested they form a committee and Council Member Putnam volunteered to serve on the committee. Council Member Norment also suggested they ask volunteers from the Paris Downtown Association. Mayor Pankaj said they may want to involve Main Street Coordinator Cheri Bedford with regard to possibly doing a survey. 16. Receive presentation about a PEG Channel, discuss and provide direction to City Staff. Public Information Officer Jon McFadden explained that prior to 2005, Texas cities could issue franchise agreements to wire -based cable television. He said subsequently Senate Bill 5 created Chapter 66 of the Texas Utilities Code, providing a State issued cable and void franchise agreement and ending local CATV franchises. Mr. McFadden explained that Chapter 66 addressed Public, Educational Government (PEG) channels provided on a CATV system, and Municipal PEG channels offered televised meetings, videos about services, emergency information and bulletin board content. Mr. McFadden reported that after Chapter 66 took effect and existing local franchise agreements expired, Texas cities could choose to accept a 1% PEG and Paris chose to do so. Mr. McFadden explained capital costs for operation of a PEG channel, and that the City must utilize the channel for at least eight hours daily, or the cable system could reclaim the channel for other programming. He said there was no cost for the use of a channel for PEG programming. Mr. McFadden reported that as of September 3, 2024, the PEG fund contained $865,231. Mr. McFadden said the PEG channel would improve the City's ability to share information with citizens, particularly adults 65 and up. He said a PEG channel would be another tool for sharing information and could reach many people who were not internet or social media users. He also said equipment purchased for PEG could be used for other purposes when not in use for PEG programming. It was a consensus of City Council that Mr. McFadden move forward with establishing a PEG Channel and bringing back a channel use agreement. Regular Council Meeting September 9, 2024 Page 6 17. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayor Pankaj reminded Council of the short meeting scheduled for Tuesday at 5:30 p.m. 18. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Ellis and seconded by Council Member Norment. Motion carried, 6 ayes - 0 nays. Mayor Pankaj adjourned the meeting at 6:36 p.m. MIHIR PANKAJ, MAYOR JANICE ELLIS, CITY CLERK MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 10, 2024 The City Council of the City of Paris met for a special session at 5:30 p.m. on Tuesday, September 10, 2024, held at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Mihir Pankaj Mayor Pro -Tem: Gary Savage Council Members: Mickey Ellis, Rebecca Norment, and Alix Putnam City Staff: Rob Vine, Interim City Manager; Gene Anderson, Finance Director; Skylar Unger, Deputy City Clerk; M.A. Smith, Public Works Director; Osei Amo-Mensah, City Planner; and Danny Rowell, Interim Utilities Director Absent: Council Member: Rudy Kessel 1. Call meeting to order. Mayor Pankaj called the meeting to order at 5:30 p.m. Mr. Anderson gave the invocation and City Council led the United States Pledge and the Texas Pledge. 2. Citizens' Forum. No one spoke during Citizens' Forum. 3. Discuss and ratify the property tax increase reflected in the budget as required by Chapter 26 of the Texas Tax Code. Finance Director Gene Anderson said pursuant to Local Government Code Section 102.007(c), the City Council was required to take a separate vote to ratify any property tax increase reflected in the 2024-2025 Budget. He said the 2024-25 Budget would raise $636,414.00 more in property tax revenue than last year and that $159,347.00 of this amount comes from property taxes on new property. A Moton to ratify the property tax increase was made by Mayor Pro -Tem Savage and seconded by Council Member Moore. Those voting in favor were Mayor Pankaj, Mayor Pro - Tem Savage, Council Member Ellis, and Council Member Norment. Council Member Putnam voted against this item. Motion caried, 5 ayes — 1 nay. 4. Discuss and act on ORDINANCE NO. 2024-032: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, FIXING THE TAX RATE AND THE TAX LEVY AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS FOR THE CALENDAR YEAR 2024 UPON ALL TAXABLE PROPERTY WITHIN September 10, 20 Pagel ORDINANCES OF THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES ■ HEREWITH; PROVING �.. SAVINGS ♦ '.. PROVIDING!♦ SEVERABILITY♦ AND PROVIDING AN EFFECTIVE I]' #.!!' . ..Y.' # �# / •' �� 1,.1 # . #'.. 1 �� �, . !, 1 *sass* � ' ! r # ! • # - ' : ! 111. !' 1 ! - ! !' ', ! 11 ! . FundsInterest & Sinking # debt payments A Motion that the property tax rate be increased by the adoption of a tax rate of $0.46120 effectively a 5.71 percent ease in the tax rate was .#- by !Member- againstseconded by Council Member Ellis. Those voting in favor were Mayor Pankaj, Mayor Pro -Tem Savage, Council Member Ellis, and Council Member Norment. Council Member Putnam voted !' # '! There being no further business, a Motion to adjourn was made by Mayor Pro -Tem Savage and seconded by CouncilR." Moore. Motioncarried,1 nays. Mayor R... sass. •. adjourned the meeting at 5:38 p.m. SKYLAR UNGER, DEPUTY CITY CLERK Item No. 6 S R,,�vlAs,,I T A ECONOMIC DEVNLOPMENTCORPOPAMN Where i`exans Reach hlig,ler PARIS ECONOMIC DEVELOPMENT CORPORATION MONTHLY MEETING Paris City Council Chambers 107 East Kaufman St. Paris, Texas 75460 Tuesday, June 25, 2024 5:30 P.M. MINUTES Board Members Present: Josh Bray, Chairman Curtis Fendley, Vice Chairman Chase Coleman, Secretary/Treasurer Erik Roddy Ex -Officio Members Present: Mihir Pankaj, Mayor Grayson Path, City Manager Dr Stephen Benson, PJC President Staff Present: Maureen Hammond, Executive Director Adam Cawthon, Executive Assistant Jenna Thurman, Research Assistant Legal Council: Casey Gain, PEDCAttorney Guest(s) Present: Doug Harris, Assistant City Manager Reginald Hughes, Former Mayor Paul Strahan, Cox Air Field Erik Simien, Cong. Pat Fallon's Office Call to Order Chairman Josh Bray called the monthly board meeting of the Paris Economic Development Corporation to order at 5:30 p.m. on Tuesday, June 25, 2024, Invocation Mr. Roddy gave the invocation. Welcome and O enirr Remarks, Chairman Bray opened by expressing appreciation to everyone in attendance. Mr. Bray reminded the Board that the July PEDC Board Meeting had been canceled and that any business needing to be conducted would be handled at the July 12th PEDC Planning Meeting. Citizens' Input Chairman Bray invited those present to speak during the Citizens' Input. No one came forward, and Chairman Bray closed citizens' input. Page 1 of 5 .... , .�.� ,� k -, �.; �,. "� � �.' C C � � �,m�,� :�.�'. ,� V ,� ;�� „, m'tun � ., � ,� , � dGnw n>a"" '�.�..., �f nus✓ nyn ,.. �"' � � 1 I>' ���%�//,,,,¢.. f f ECONtlMIC OL'V�IOPidENT CORPORATION Where 'reXanS Read! Higher Recognition of Former Ma or Re inald Hu hes Former Mayor Reginald Hughes was presented awards for his service to the City of Paris and support of the Paris Economic Development Corporation by Erik Simien of Congressman Pat Fallon's office and by Executive Director Maureen Hammond. Discuss and Consider A.pproval of the April 16 2024 Meeting Minutes, Chairman Bray presented the April 16, 2024, meeting minutes for review and discussion. Mr. Fendley made a motion to approve the minutes as presented. Mr. Coleman seconded the motion. Vote: 4 -ayes to 0 -nays Discuss and Consider A1arovalof the Ma 1� 3 2024 Seecial Meeting Minutes Chairman Bray presented the May 13, 2024, special meeting minutes for review and discussion. Mr. Fendley made a motion to approve the minutes as presented. Mr. Coleman seconded the motion. Vote: 4 -ayes to 0 -nays Discuss and Consider Arrroval of the A aril 2024 Financial Statements Secretary and Treasurer Chase Coleman presented the financial reports ending April 30, 2024. Total assets were reported to be $10,184,025. Total liabilities were reported to be $2,173,624, leaving the PEDC with a total net position of $8,010,401. Mr. Coleman continued with the income statement for the month of April, citing the reported total revenue as $183,114. Mr. Coleman proceeded by presenting total expenditures and net income for the month. He concluded this portion of the report by stating that the PEDC continues to have an exceptional year for revenue and that there were no extraordinary expenses for April. Mr. Coleman opened the floor to questions regarding the April financial report. There were no questions. Mr. Bray took a motion to approve the April financial report. Mr. Fendley made a motion to approve the financial report as presented. Mr. Roddy seconded the motion. Vote: 4 -ayes to 0 -nays Presentation b Paul Strahan on Cox Field Air ort Airport Manager Paul Strahan opened his presentation on Cox Field Airport with a review of the status of the airport. He stated that the airport is projected to begin a 120 day runway construction project in early July 2024 and construction of a new fuel farm is projected to begin in fiscal year 2025. Mr. Strahan continued his presentation, stating that future visions for the airport include construction of new airfield lighting, additional taxi lanes, and additional aircraft T -hangers and private hangars. He noted that acquiring funding from TxDCT for these projects continues to be a challenge, and that the average timeline for each project is 3 to 5 years. 4 Mr. Strahan concluded his presentation by noting future opportunities for the airport, which include a rental car service, cargo operations, updates to the aircraft repair shop, addition of an avionics shop, and a restaurant on site. Page 2 of 5 BRIS TEXAS .A.MIC DEVELOPMENT COnPORATION Where Texans Reach Highee Mr. Strahan opened the floor to questions regarding the presentation on Cox Field Airport. Ms. Hammond asked what portion of the 1,600 acre airport currently has infrastructure. Mr. Strahan provided response, stating that of the 1,600 acres of airport property, less than 200 acres have infrastructure and that creating infrastructure throughout the property continues to be a challenge. Ms. Hammond asked a question regarding the size of the airport in relation to other airports in the state of Texas. Mr. Strahan provided response, noting that the size of the Cox Field Airport is larger than the average airport in Texas. Mr. Bray asked a question regarding the ability to land aircraft at the airport during the runway construction project and if notice would be provided. Mr. Strahan provided response, stating that a notice would be provided for pilots prior to construction. There were no further questions. Presentation bv Dow Harris on the Wastewater Treatment Facilit Assistant City Manager Doug Harris opened his presentation on the Wastewater Treatment Facility by providing a brief history of the facility. He explained that two construction packages are currently in progress and have been divided due to funding. Mr. Harris elaborated on construction package one, stating that construction began in Spring of 2023 and is estimated to conclude in April 2025. He continued, noting that package two is scheduled to begin construction on August 22, 2024 and estimated to conclude in April 2026. Mr. Harris provided clarification, stating that package one is focused on construction at the water treatment facility and package two is focused on the influent line to the treatment facility. Mr. Harris continued the presentation by recalling a commonly asked question regarding the additional capacity available for potential industries, to which he noted is approximately 1.5M gallons per day. He elaborated, stating that the current daily average is 3.9M GPD and that the treatment facility has a permitted maximum capacity of 7.25M GPD. Mr. Harris further explained that should the average daily capacity reach 75% of the facility's permitted maximum capacity for three consecutive months, the City of Paris would be required to begin engineering design and allocating funding for upgrades to the treatment facility. Mr. Harris concluded the presentation with a second commonly asked question regarding pretreatment requirements for industries, which he noted is regulated at a federal level. He added that an industry could either install a pretreatment center at its facility or send untreated water to the City of Paris facility, which would be subject to a surcharge for treatment. Mr. Harris opened the floor to questions regarding the presentation on the Wastewater Treatment Facility. Mr. Bray asked a question regarding the water line capacity to industries and whether water line improvements or facility improvements would be required to increase capacity. Mr. Harris provided response, stating that the current water lines are in poor condition and that construction package two is focused on addressing this issue. Mr. Bray asked an additional question regarding the amount of additional capacity that will be available after the completion of construction. Mr. Harris provided response, stating that completion of construction is projected to increase additional capacity beyond the current estimated 1.5M GPD, however it will not exceed the 7.25M GPD permitted maximum capacity of the facility. There were no further questions. Update and Discussion on 2024-2025 Draft Bud et Ms. Hammond presented the preliminary 2024-2025 Draft PEDC Budget. She noted that the Budget would be presented to the board for approval during the July 12, 2024 PEDC Planning Session, and that all feedback on the preliminary draft would be collected through early July. Page 3 of 5 INNZZ===Z' ,"' fi S T E X A S R,Aaa' R -11 ECONOMIC DEVELOPMENT CORPORATION Where Texans ReaCh Higher Chairman Bray opened the floor to questions regarding the 2024-2025 Draft Budget. There were no questions. Update and Discussion on 2023-2025 PEDC Plan of Work Ms. Hammond presented the preliminary 2023-2025 PEDC Plan of Work, reminding the Board that in accordance with the PEDC Bylaws, the PEDC is required to submit a plan of work alongside the 2024- 2025 budget. She expressed that no action would be taken at this meeting and requested that all board members review the Plan of Work and provide feedback prior to the July 12, 2024, PEDC Planning Session. She concluded by noting that the 2023-2025 Plan of Work would be presented to the board for approval during the Planning Session. Chairman Bray opened the floor to questions regarding the 2023-2025 Plan of Work. There were no questions. Report and Updates by -Executive Director Maureen Hammond NW Industrial Park EDA Grant: Ms. Hammond noted that weather had been more favorable recently, allowing contractors to make considerable progress on construction. She presented aerial views of current construction in the NW Industrial Park, stating that forms are projected to be set on all areas in the coming weeks. Paris Housing Market Analysis 2023: Ms. Hammond reported that Catalyst Commercial had completed the housing market analysis. She noted that a presentation of the analysis would be presented to City Council and the Planning & Zoning Commission during a joint workshop scheduled for July 11, 2024. TIRZ Zone 1: Ms. Hammond reported that during a previous TIRZ meeting in June, the advisory board took action to appoint a subcommittee to move forward with engaging a TIRZ consultant. She concluded by noting that the PEDC Board would be informed as the process moves forward. Mr. Bray opened the floor to questions regarding the report and updates by Executive Director Maureen Hammond. There were no questions. Convene into Executive Session: 1) Pursuant to Section 551.087 of the Texas Government Code to (1) discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have to locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or another incentive to a business prospect described by Subdivision (1), to wit: a) Project Lightening b) Project Blue Fire c) Project Clydesdale Page 4 of 5 NMI ���i��YIiIi " m Y =if ' p�� ^., � 4� ��� _ <, � f �, � o � �o� . f ii 1� i 5! U i(j �d IIlfil�„09 i TEXAS • '"'�`� ONOMICOEVE4OPMENY CORPORATION here Texans Reach 1.1tgl'90 2) Pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the purchase, exchange, lease, or value of real property. Chairman Bray convened the Board into Executive Session at 6:11 p.m. Reconvene into O en Session and Consider Action on Items Discussed in the Executive Session Chairman Bray reconvened the Board into an Open Session at 6:27 p.m. Chairman Bray took a motion to approve items discussed in Executive Session. Mr. Fendley made a motion to allow Ms. Hammond authorization to enter negotiations and execute all agreements with Atmos Energy regarding the contract discussed in Executive Session. Mr. Coleman seconded the motion. Vote: 4 -ayes 0 -nays Discuss Future A enda Items Chairman Bray opened the floor to discuss future agenda items. No items were brought forward for discussion. Closin Remarks, None Adiourn Mr. Fendley made a motion to adjourn the meeting. Mr. Coleman seconded the motion. Vote: 4 -ayes to 0 -nays Chairman Bray declared the meeting adjourned. The meeting was adjourned at 6:27 p.m. Respectfully submitted, Zrl Adam Cawthon Executive Assistant Paris Economic Development Corporation Page 5 of 5 i TEXAS .��� ECpHtlMlG Df:bEtOPiAEWY CORPORATION Where 7i?xans Reach Iligher PARIS ECONOMIC DEVELOPMENT CORPORATION BOARD PLANNING SESSION Paris City Council Chambers 107 East Kaufman St. Paris, Texas 75460 Friday, July 12, 2024 11:00 A.M. MINUTES Board Members Present: Staff Present: Josh Bray, Chairman Maureen Hammond, Executive Director Curtis Fendley, Vice Chairman Chase Coleman, Secretary/Treasurer Dr A.J. Hashmi Stephen Terrell Erik Roddy Mark Homer Ex -Officio Members Present: Mihir Pankaj, Mayor Legal Council: Casey Gain, PEDCAttorney Adam Cawthon, Executive Assistant Jenna Thurman, Research Assistant Guest(s) Present: Robert Vine, Interim City Manager Doug Harris, Assistant City Manager Shatara Moore, Council Member Alix Putnam, Council Member Rudy Kessel, Council Member Call to Order Chairman Josh Bray called the board planning session of the Paris Economic Development Corporation to order at 11:00 a.m. on Friday, July 12, 2024. Welcome and O enin Remarks Chairman Bray opened by expressing appreciation to everyone in attendance, including City Council and Staff. Page 1 of 5 0 ENZE-=11 Y1"i 11M.ISM Yrl ^^'^°'� ECONOYA�C OEVEiO�MENY CORPORATION where Texans Reach digger Citizens' Input Chairman Bray invited those present to speak during the Citizens' Input. No one came forward, and Chairman Bray closed citizens' input. Discuss and Action on 2024-2025 PEDC Budgets Mr. Coleman presented the proposed 2024-2025 PEDC Budgets. Proposed revenue included $1.8 million in sales tax and $150,000 in interest income. He reported a total estimated income of $1,950,000. Mr. Coleman continued by reporting on expenses. Most budget expenses remained the same or had slight increases or decreases. Total proposed budget expenses for 2024-2025 were reported at $3,365,095.00 in comparison to last year's budgeted amount of $2,254,208.64. Mr. Coleman noted that the increase was primarily due to the addition of incentive obligations for Project Blue Fire. Mr. Roddy made a motion to approve the proposed 2024-2025 Budgets. Mr. Terrell seconded the motion. Vote: 7 -ayes to 0 -nays Discuss and Action on 2023-2025 PEDC Plan of Work Ms. Hammond Reported on the 2023-2025 PEDC Plan of Work. Mr. Homer made a motion to approve the 2023-2025 Plan of Work. Mr. Fendley seconded the motion. Vote: 7 -ayes to 0 -nays Discussion on O en Meetin sand Records Protocol b Cit Attorne Ste hanie Harris Cit of Paris Ms. Harris was unable to attend the meeting. Discussion on Open Meeting and Records Protocol was tabled for a later date. Overview of Plan of Work Accomplishments 2020 — 2024 b Executive Director Maureen Hammond Ms. Hammond provided a presentation and review of the PEDC's Plan of Work accomplishments spanning the last four years. This presentation included a list of initiatives encompassing the retention and growth of jobs in Lamar County, the attraction of new employers and industry, the cultivation of an entrepreneurial ecosystem, support of workforce development programs, expansion of the community's land and building assets, the encouragement of a unified vision for the City of Paris, Lamar County, and the PEDC, and the exploration of additional internal and external funding mechanisms. Key highlights included the followin • Launched a new unified joint brand in partnership with the City and Chamber of Commerce • Established a formal site visitation program in partnership with PJC and surveyed employers representing 4,300 employees • Developed and launched a new website • Acquired 123 -site on Loop 286 for non -rail users Page 2 of 5 loffm=11 1I�.�(I�� � I�..o...�.. n�i� �•rY„��� �it w; � � U 1ITIMI. �^^� /IdblNil Oi�� �Ufl 1 wY a mp � � �Ppp, �( �� l kky j u"�IU�1��^�V� �k�; 0�I �.1...... �y� �, �..ri/�I��+t��lfliyrl��Vi��,.1�. �� ���U�Mdio��i�M7�l����*If��l% ��r�������I/�j����I /%�'�%�����/////%, X iI i I'����1 �1fN19�pNiii llt llfi11111'i 4/llJ1!!'�%i% t �1N3�ARIS TEXAS ....a!�CIONOINIC DBVHLd PMENT CORPORATION Where Texans Reach l-li h�.v • Acquired 200 -acre site on Loop 286 with potential for rail • Rezoned and performed Phase I environmentals on all properties • Developed and implemented a new social media marketing strategy • Developed and implemented quarterly newsletters • Secured $1.3 million in federal funding through the Economic Development Administration • Partnered with the City to get 12 -inch waterlines to both industrial parks • Supported 13 project announcements representing: o Retention of 585 jobs o the creation of 835 new jobs o $423 million in capital investment to Paris and Lamar County o Total jobs supported = 1,410 Hammond expressed her gratitude to the Board for their ongoing support, dedication, and commitment of time to both her and the organization. Discussion and Possible Action on Financial Position and Forecastin& b ;,Secretary Treasurer Coleman Mr. Coleman presented the financial position and forecasting of the PEDC. Following his presentation, Mr. Coleman provided commentary, stating that over the past four years, the organization has achieved significant milestones, including the announcement of 13 projects, land acquisitions, and expenditures to prepare properties to be site ready. However, these efforts, combined with Project Blue Fire, will place considerable strain on cash flow for the next five to seven years. This limited cash availability will greatly impede the organization's ability to actively pursue new projects, make land acquisitions, and implement capital improvements within its existing industrial parks. OverviewDiscussion and Possible Action on Land and !Aildin s includin but not limited to: 11 Ms. Hammond presented an overview of the PEDC land inventory and noted the following challenges: 20 -acre site on West Campbell St • A large amount of clearing is necessary. • The water main serving the site is 6 inches and may not be suitable for industries with high water demand. • The land is adjacent to a residential area. 40 -acre site at NW Industrial Park • A minor floodplain running through the center of the property could restrict development. • A flood study is needed for the site. 115 -acre site at Gene Stallings Business Park • No onsite sewer is available. • Rehabilitation and construction of a new rail system is required. Page 3 of 5 P":"I:i, oe,1 , I , I' V�I��fUNNUUIII .,.I E X /\IS ECONOMIC OEVEIOIPMENT CORPORATION Where Texans ReaCh Higher 200 -acre site at SW Industrial Park • No onsite sewer is available. Rehabilitation and construction of a new rail system is required. An existing blue -line stream flows north to south through the property. The property is not considered a FEMA floodplain; however, the property is a USACE jurisdiction for wetlands and waters. A USACE permit is achievable for certain uses. 123 -acre site on SE Loop 286 • Nearest water line is a 6 inch line northwest of the site. The nearest 10 inch water line is east of the property, at the intersection of Loop 286 and Collegiate Drive. • No onsite sewer is available. • Timeframe for the implementation by TxDOT of a 4 -lane expansion to Loop 286 South is potentially 10 or more years. Initial utility costs for water and sewage are expected to be significant. PEDC Board Member Roundtable and Discussion Ms. Hammond continued with a point of discussion involving the challenges of Cox Field Airport. She noted that while the most valuable asset of the airport is the availability of land, its lack of infrastructure continues to be a challenge. Ms. Hammond provided an example, stating that the PEDC was unable to submit on a recent request for information due to the lack of infrastructure and length of its primary runway. She further explained that the timeframe to secure approval from the FAA to proceed with infrastructure improvements is approximately three years. Mr. Bray reiterated Hammond's remarks stating that infrastructure improvements and FAA approval is a critical need in preparing the land for potential industries. Mr. Homer asked a question regarding the steps needed to begin the approval process. Mr. Vine provided response, stating that a master plan to extend the runway would need to be drafted prior to the submittal for FAA approval. Mr. Roddy provided commentary, noting that infrastructure improvements to the property should be the primary focus. Mr. Roddy asked a question regarding the ability to connect water lines to the City of Reno's water supply. Mr. Harris provided response, explaining that water lines connected to the Lamar County Water Supply currently surround the property. Dr. Hashmi continued with another point of discussion involving the percentage of sales tax revenue the PEDC receives. He noted that an additional quarter cent of sales tax revenue would allow the PEDC to continue its core mission and allow for improvements for potential industries, in light of the organization's current financial constraints. Mr. Fendley added that it could also be designated to acquiring land either by the City or PEDC for industrial use or be allocated to the prioritization of PEDC industrial projects and improvements. Mr. Bray added that improvements to the highways and signage leading into the city of Paris are also needed to increase the city's appeal to potential industries. Mr. Bray asked Mr. Pankaj to facilitate a discussion with the Paris City Council about the potential reallocation of tax dollars and to reconvene with the PEDC Board at a later date. In response, Mr. Pankaj agreed to begin discussions with the council and coordinate a joint meeting. Page 4 of 5 "is TEXAS � CONOMICDEVELOPM9NTCOAPORAT90N where-rexnns Reach Higher Mr. Bray opened the floor to discussion regarding the future direction of the PEDC. Mr. Bray noted that as lead generation slows and cash flow becomes tighter, the PEDC may want to broaden its focus to include areas such as entrepreneurship. Mr. Homer emphasized that prioritizing the retention and expansion of existing industries should remain a key goal for the PEDC. Mr. Fendley echoed Mr. Homer's sentiment, reinforcing the importance of business retention and expansion efforts. Mr. Roddy suggested that the PEDC's focus could be expanded to a more regional approach to attract a bigger workforce. Mr. Terrell mentioned that constructing a speculative building and a new PEDC office could help attract investors to the area. He also proposed that the PEDC consider marketing beyond Lamar County, highlighting that a broader outreach could bring in additional talent and industry. Furthermore, Mr. Terrell pointed out that the City of Paris and Lamar County could enhance the overall appeal of the city's entrances, citing the importance of regularly maintaining traffic medians as an example. Mr. Coleman stressed the necessity for improved infrastructure on PEDC properties in anticipation of future economic growth. Lastly, Dr. Hashmi referred back to points he made in earlier discussions. Ms. Hammond thanked all in attendance for their input and expressed her excitement for the upcoming year. Mr. Bray closed roundtable discussions by thanking Ms. Hammond for her continued support of economic development during the last four years. Adlourn Chairman Bray declared the meeting adjourned. The meeting was adjourned at 1:24 p.m. Respectfully submitted, Adam Cawthon Executive Assistant Paris Economic Development Corporation Page 5 of 5 =MZZ ��� .� II �� �.. � �, ,�, O, �� O � "� � � .� i �cf6� ,M� ''4ry•..:'1r� �a�ilr (� ��� � � ���i��//i;;, MINUTES OF THE PLANNING & ZONING COMMISSION MEETING OF THE CITY OF PARIS, TEXAS AUGUST 05, 2024 The Planning & Zoning Commission of the City of Paris.held a regular meeting at 5:30 p.m, in the City Hall, Council Chambers, 107 East Kaufman, Paris, Texas. Board Members Present: Adam Bolton, Chance Abbott, Clifton Fendiey, Tylesha Ross -Mosley, Larry Walker, Robert Spain, Chad Lindsey City Representatives: Osei Amo-Mensah, Director Planning & Community Development; Triniti Frazier, Community Development Coordinator, Steve Hodges, Engineer Tech; Clyde Crews, Fire Marshal; Stephanie Harris, City Attorney; Robert Vine, Interim City Manager Board Member(s) Absent: N/A 1. Chairman Clifton Fendley call the meeting to order at 5:30p.m. 2. Citizens' forum. (Persons desiring to address the Planning and Zoning Commission 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 Commission 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 agamstthe City, Council Members, or employees, as well as individual personal appeals are not appropriate for the citizens' forum.) The citizens' forum was declared open. 3. Approve minutes from the meeting of July 15, 2024. A Motion to approve the minutes was made by Board Member Adam Bolton and seconded by Board Member Chance Abbott. Motion carried, 7 ayes — 0 nays. 4. Conduct a public hearing to consider and take action regarding the petition of Deanna Griffin on behalf of Nathan Bell Property Management & Rentals, LLC in conjunction with TM&D LLC for a Specific Use Permit (SUP) Mixed Use in a Neighborhood Service District (NS), in the Simpson Place Addition, Lot 1, LCAD 17543, located at 2031 Clarksville Street. Mr. Amo-Mensah presented this item stating that the applicant is seeking a SUP to operate a business part-time with tenant use of the property as temporary housing. The property owner has granted the applicant permission to occupy the property for live/work subject to City approval. The current zoning is Neighborhood Service, and the property has been used for various businesses. Building and Fire staff have worked with the applicant to meet the requirements of the Building and Fire codes in reference to the live/work SUP application. One input form was received in favor of the use. Staff recommends approval with the condition that the interior fire wall separations and/or fire sprinkler system improvement be made in satisfaction of the Building Official and Fire Marshal prior to issuance of Certificate of Occupancy. The public hearing was declared open. Nathan Bell states the tenant operates in Sherman and other places. When she comes to Paris, she needs a place for work and temporary housing. Bell states he is already receiving calls from citizens that want this item approved. With no one speaking the public hearing was declared closed. A Motion to approve the specific use permit with conditions was made by Board Member Chad Lindsey and seconded by Board Member Adam Bolton. Motion carried, 7 ayes — 0 nays. 5. Conduct a public hearing to consider and take action regarding the petition of the City of Paris to rezone the Historic Overlay District No. 2 (HD -2) which includes the following districts: Central Area (CA), Two -Family Dwelling District (2F), Multiple -Family. Dwelling District No. 1 (MF -1), Planned Development (PD) and Commercial District (C) to a Single - Family Dwelling District No. I (SF -1). Mr. Amo-Mensah presented this item stating that at the City Council meeting held on June 10a' during citizen's forum that Curtis Fendley and Linda Knox requested that city council consider a change to restrict building permits for multi -family dwellings in the Historic District of South Main and Church Streets. Staff was directed to review and report to Council about the concerns raised by residents on Church Street. Amer hearing the report from staff, City Council directed the case to P&Z at its June 24, meeting to consider rezoning the entire Historic Overlay District No. 2 (HD -2) to a One -Family Dwelling District No. 1 (SF -1). Mr. Amo-Mensah states that the issue before the Commission is to determine whether to rezone just the Church Street area between Sherman and Long Street to prevent duplexes or multi- family development or should the boundary cover the entire HD -2 Historic District as requested. Arno-Mensah states that staff would like the opportunity to hold a neighborhood stakeholder meeting so we can come back to P&Z with the proper boundaries for rezoning. The public hearing was declared open. With no one speaking the public hearing was declared closed. Commissioners discussed. Attorney Harris states it doesn't seem appropriate to rezone the entire historic district and come back with something more targeted. The alternative is to pass the petition to approve the zoning of the entire district and everything there will be a legal nonconforming use. Abbott states if the item is denied then an applicant can come in tomorrow to develop a duplex. Lindsey asked if a moratorium can be put into place while this is figured out. Harris states those are disfavored and that you would have to make findings that it is related to insufficient infrastructure for development. Commissioners agreed that rezoning the entire HD -2 District to SF at this time as to prevent any applications for duplex or multi -family until staff can review further and hold stakeholder meetings for input on creating a different boundary. Harris states this is not best practice, but it would allow staff more time to review and get the stakeholder meetings scheduled. A Motion to approve the zoning change to SF -1 as presented for the entire HD -2 District was made by Board Member Larry Walker and seconded by Board Member Robert Spain. Motion carried, 7 ayes.— 0 6. Consideration of and action on the Preliminary Plat of the Josue Hernandez Addition CB 133, Lots 1 and 2, Block A, LCAD 16170 and 16172, located in the 900 Block of W Sherman. Steve Hodges presented this item stating the applicant requests approval of a Preliminary plat in order to build a single-family structure. Staff recommends approval of the preliminary plat with the following conditions: 1. The submission to and tentative approval of a preliminary plat by the Commission shall be a condition precedent to the preparation of a final plat. Chapter 9A, V Final Plat: a. Any conditions of approval for the preliminary plat and master plat shall be revised before final approval of final plat. 2. All land, buildings, or structures located within the City of Paris, Texas, shall be used, placed, and erected in conformance within the zoning regulations prescribed for the zoning district in which such land or building is located... Chapter 9B, 7: Compliance Required: a. Zoning for affected plats shall be corrected or rezoned. Existing zoning is shown as MF -2 on this plat but is currently zoned MF -1 and SF -3. Skipper Steeley from the audience asked if he could speak on this item. Commissioner Fendley advised there is no public hearing on this item. A Motion to approve the preliminary plat with conditions was made by Board Member Chad Lindsey and seconded by Board Member Adam Bolton. Motion carried, 7 ayes — 0 nays. 7. Consideration of and action on the Final Plat of the Josue Hernandez Addition CB 133, Lots I and 2, Block A, LCAD 16170 and 16172, located in the 900 Block of W Sherman. Steve Hodges states this is the same plat with same conditions to finalize. A Motion to approve the final plat with conditions was made by Board Member Chad Lindsey and seconded by Board Member Adam Bolton. Motion carried, 7 ayes — 0 nays. 8. Consideration of and action on the Preliminary Plat of the Ricardo Ramirez Estates Addition, Lot 1, LCAD 15973, located at 610 W Austin. Steve Hodges the applicant requests approval of a Preliminary plat to build a single-family structure. This was a non -platted City Lot and Block parcel. Staff recommends approval with no conditions. A Motion to approve the preliminary plat was made by Board Member Chad Lindsey and seconded by Board Member Tylesha Ross -Mosley. Motion carried; 7 ayes — 0 nays. 9. Consideration of and action on the Preliminary Plat of the River Oaks Subdivision Phase II, Lots 1, 2, 3, Block A, LCAD 403262 and 104885, located in the 3000.Block of Aikin Dr. Steve Hodges states that the applicant requests approval of a preliminary plat in order to build single-family structures. This is the Second Phase of a previous Subdivision. Staff recommends approval with no conditions. A Motion to approve the preliminary plat with conditions was made by Board Member Chad Lindsey and seconded by Board Member Adam Bolton. Motion carried, 7 ayes — 0 nays. 10. Consideration of and action on the Final Plat of the Martinez Addition CB 53, Lot 1, LCAD 14244, located at 373 NW 5"'. Steve Hodges states the applicant requests approval of a final plat in order to build a single- family structure. This was a non -platted City Lot and Block. Staff recommends approval of the final plat with the following conditions: 1. The submission to and tentative approval of a preliminary plat by the Commission shall be a condition precedent to the preparation of a final plat. Chapter 9A, V Final Plat: a. Any conditions of approval for the preliminary plat and master plat shall be revised before final approval of final plat. 2. The number of lots and blocks, in accordance with a systematic arrangement.... Chapter 9A, V Final Plat, subsection 5. a. Lot and block shall be shown on the plat. Lot I Block A is recommended for this plat. 3. Location of proposed lots, streets, alleys...., Minimum finished floor elevations for each lot.... Chapter 9A, V Final Plat, Subsection 8. a. Minimum Finished Floor Elevation of the proposed structure shall be shown on the final plat. A Motion to approve the final plat was made by Board Member Chad Lindsey and seconded by Board Member Adam Bolton. Motion carried, 7 ayes — 0 nays. 11. Request items for future agendas. Commissioners discussed and agreed to reschedule the orientation and training. Due to the Labor Day holiday being Monday Commissioners agreed to meet on Thursday, September 05, 2024, for the regular meeting with orientation and training to follow. 12. Adjournment. There being no further business, the meeting was adjourned at 6:10 p.m. APPROVED THE 5th DAY OF SEPTEMBER 2024. Chairperson MINUTES OF THE REGULAR MEETING FOR TAX INCREMENT REINVESTMENT ZONE TIRZ BOARD PARIS TEXAS CITY COUNCIL CHAMBER 107 E. KAUFMAN ST PARIS TEXAS THURSDAY., AUGUST 8 2024 3:00 O'CLOCK P.M. Members present: Cody Head, Chairman; Thomas McMonigle, Secretary; Maureen Hammond, Reeves Hayter, Miles Mathieu, and Pam Norwood Members absent: Dillon Cecil City Staff: Rob Vine, Interim City Manager; Osei Amo-Mensah, Director of Planning and Community Development; Skylar Unger, Deputy City Clerk; and Cheri Bedford, Main Street Coordinator 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 during citizens' input. 3. Approve minutes from the meeting on July 11, 2024. A Motion to approve the minutes as presented was made by Ms. Hammond and seconded by Mr. McMonigle. Motion carried 6 ayes — 0 nays. 4. Accept resignation of Rob Vine from the Board of Directors. Chairman Head thanked Mr. Vine for his Board service and expressed enthusiasm about working with him as Interim City Manager. A Motion to accept the resignation of Rob Vine from the Board of Directors was made by Mr. McMonigle and seconded by Mr. Hayter. Motion carried 6 ayes — 0 nays. 5. Welcome new Board members. Chairman Head welcomed Pam Norwood, Reeves Hayter, and Miles Mathieu to the TIRZ Board, expressing his gratitude for their willingness to serve and his anticipation of working with them. 6. Elect Vice -Chair of the Board. Chairman Head stated that with Mr. Vine stepping into the Interim City Manager role and resigning from the Board, a new Vice -Chair needed to be elected and opened the floor for nominations. Ms. Norwood nominated Miles Mathieu to serve as Vice -Chair and Mr. McMonigle seconded. Motion carried 6 ayes — 0 nays. Miles Mathieu will serve as the Vice -Chair of the Board. Page I of 2 7. Receive update from and provide direction to staff regarding authorizing the retention of a consultant to assist the Board with strategies for reviewing and possibly amending the Project and Financing Plans for TIRZ No. 1. Director of Planning and Community Development, Osei Amo-Mensah, stated that the sub -committee had met twice and went over the list of consultants. Of the 8 consultant groups who were contacted, 2 responded; Forked Pine Consulting and Capex Consulting Group. Forked Pine Consulting has submitted a Comprehensive Proposal, and the committee is still waiting on a Comprehensive Proposal from Capex Consulting Group. Chairman Head stated that he hoped to present the proposals to the Board at the next meeting and act if possible. Mr. Mathieu inquired whether a scope was included with the proposals, and Ms. Hammond replied that a general scope was provided. Chairman Head stated that he felt it would be beneficial to send the proposals to all of the board members when they are received. Mr. Amo-Mensah said he would send them to each member. Ms. Hammond stated that both groups that responded are more than capable of completing the requested scope and that she was encouraged. 8. Discuss and possibly act on changing the meeting time for board meetings. Chairman Head said he brought this item before the Board after being approached by citizens who wanted to attend the meetings. He noted that, as a board responsible for overseeing taxpayer funds, they should not schedule meetings earlier than 4:00 P.M. to accommodate more citizen involvement. Ms. Hammond and Mr. Hayter recommended 4:00 as the new meeting time and the rest of the Board members agreed. A Motion to move the meeting time for board meetings from 3:00 to 4:00 was made by Ms. Norwood and seconded by Ms. Hammond. Motion carried 6 ayes — 0 nays. 9. Request future agenda items. Mr. Hayter inquired about the adoption of the new Bylaws and whether the TIRZ board had to adopt them separately. After following up with City Attorney, Stephanie Harris, it was determined that the TIRZ board did not need to adopt the new Bylaws because the City Council had already done so. Mr. Hayter also inquired about larger maps of each sub -zone. Deputy City Clerk, Skylar Unger, stated that she could provide that information and would forward it to the board. 10. Adjournment. There being no further business, Chairman Head adjourned the meeting at 3:12 P.M. ...�....... ... . . . ..... ... . . Miles Mathieu, Vice Chairman an Page 2 of 2 MINUTES OF THE MAIN STREET ADVISORY BOARD PARIS CITY COUNCIL CHAMBERS 107 E. KAUFMAN PARIS TEXAS 75460 TUESDAY AUGUST 13 2024 Present: Board Members: Glee Emmite, Melissa Jones, Tyrone Hayden, Becky Semple, Kim Kalina, Mary Hart, Kevin Moore City Representatives: Cheri Bedford, Main Street Manager; Osei Amo-Mensah , Director of Planning and Community Development Citizens: Ryan Matthews Not present: William Walker Vice Chairman Emmite called the meeting to order at 4:30pm. 1. Citizen forum: No one presented at citizens forum. 2. Welcome New Members Bedford introduced new members: Kim Kalina, Kevin Moore and Mary Hart. 3. Review minutes from the July meeting: A motion was made to approve the July meeting minutes by Hayden. Motion was seconded by Moore. 7 ayes, 0 nays 4. Building Improvement Grant reimbursement of $5000 for 39 N Main Street - Ryan Matthews, Paris Brewery. - Matthews went over the projects that had been completed, most under budget. Progress photos were also shared. Bedford informed the board that Matthews had completed all the requirements to receive the funding. Jones made a motion to award the reimbursement of $5000 to Matthews. Hart seconded. Motion passed unanimously. 5. Main Street Advisory Board Purpose Statement - A copy of the updated Purpose Statement was given to the board for review and approval. Moore made a motion that the Board adopt the new purpose statement. Hart seconded. Motion unanimously passed. 6. Main Street Advisory Board Accountability - Each board member was given a copy of the accountability form. Hart, being new to the board, stated that she was grateful to know what the expectations and responsibilities are. 7. Election of Officers: Emmite nominated Jones to remain as secretary. Jones nominated Emmite for Chairman. Emmite also nominated Hart for Vice -Chairman. There was no other nominations. 8. Coordinators Report - Coordinator Bedford provided each board member with a Main Street Binder, including all pertinent information concerning the Main Street Project. Bedford encouraged members to familiarize themselves with the information, as well as the Main Street America and Texas Main Street websites. Bedford introduced Director Amo- Mensah, who briefly spoke to the board. Bedford promoted a small business webinar on building a digital footprint, happening on August 22, at 2:OOpm. Also a small business development meeting was announced for September 24, at 6:OOpm. 9. Hart made a motion to adjourn the meeting. Hart seconded. Motion passed. Board adjourned at 5:42 p.m. 10. Following adjournment, the Board took a brief walking survey tour. Bedford gave an informative tour, explaining the plans for 1st Street, the Plaza, the Farmers Market, Future agenda items: No future agenda items discussed. Chairman MINUTES rvOF,THE REGULAR MEETING ME„ETING OF THE HISTORIC PRESERVATION COMMISSION F ..-..µ. 107 E KAUFMAN ST PARIS. TEXAS 75460 WEDNESDAY Amu ust 14„ 2024 4:00 P.M. coc <Ar -'t, m v m vvr� P t4 -T- Y"`1j Present: Commission Members: Ryan Matthews Matthew Coyle Roxann Hadley Linda Knox Kelsey Turk Glee Emmite Absent: Millicent Kee — (Alternate) Tracy Dougherty City Representative: Duke McGee, HPO Staff Liaison Osei Amo-Mensah, Director of Planning & Community Development Guest: 1. Call meeting to order No Guests were present The meeting was called to order by the chairman at 4:04 PM 2. Citizens forum No one came forth to speak during the Citizens Forum 3. Approval of June Minutes No minutes to approve — item skipped 4. Welcome New Members New members Commissioner Hadley, Knox, Turk and Emmite were introduced 5. Review and act on the following incentive applications for the property located in HD-1, Tax ID # 16556- 1032 Church Street, Randy Hider A. Fagade Grant reimbursement B. Verification and Tax Exemption Agreement for the Construction of Historically Compatible Structure (Residential) Commission discussed the final structure. A motion was made by Commissioner Emitte, seconded by Commissioner Turk that Item 5.A. the Fagade Grant Reimbursement be approved. Motion carried: Ayes 6; Nays 0 A motion was made by Commissioner Coyle, seconded by Commissioner Knox that Item S.B. the Verification and Tax Agreement be approved. Motion carried: Ayes 6; Nays 0 5. Election of officers: Chairman, Vice Chairman, Secretary CHAIRMAN– Commissioner Matthews was nominated by Commissioner Emmite and seconded by Commissioner Turk, the nomination was approved. Ayes 6, Nays 0. VICE CHAIRMAN– Commissioner Coyle was nominated by Commissioner Matthews and seconded by Commissioner Knox, the nomination was approved. Ayes 6, Nays 0. SECRETARY– Commissioner Knox was nominated by Commissioner Coyle and seconded by Commissioner Hadley, the nomination was approved. Ayes 6, Nays 0. 6. --CONSENT AGENDA— [Items appearing oil this consent agenda may be approved by a single vote of the Commission, with such approval applicable to all items appearing on said agenda. If any Commission member desires to discuss and consider separately any item appearing on the consent agenda, that Commission member may do so by requesting that the item be removed.from the consent agenda and considered as a separate item.] Discussion and possible action regarding the following structures considered by code inspectors to be in violation of Article III of Chapter 7 of the Code of Ordinances of the City of Paris, Paris, Texas, entitled "Substandard and Dangerous Buildings and Structures," to determine,whether such buildings or structure„s_can be rehabilitated and designated on the National_Reaister of Historic Places._as a recorded Texas Historic Landmark. or as historic P_rQVe as„desi,rn,a,,,ted b_�. the Cite Council of the Cite 9f Paris. A. 2845 Lewis Lane, Essent PRMC Addition 306 #2 B. 832 Provine, City Block 75-A, Lot 7A & 8 C. 1124 S Church, City Block 158-A, Lot 2 D. 1445 & 1431 W Sherman, City Block 229, Lot 13 & 14 E. 129 W Washington, City Block 156, Lot 6 F. 910 W Cherry, City Block 83, Lot 36 G. 623 SE 61h, City Block 162, Lot 5 Commissioner Turk made a motion, seconded by Commissioner Hadley, to approve to remove Item G. 623 SE 6” Street from the Consent Agenda. Motion carried: Ayes 6; Nays 0 Commissioner Turk made a motion, seconded by Commissioner Hadley, to approve the remaining items on the Consent Agenda. Motion carried: Ayes 6; Nays 0 7. Coordinators Report a. Review Share Point/MyGov In the future, agenda items will be shared via SharePoint/MyGov instead of Dropbox Discussed information need in SharePoint. b. Briefing on Paris Development Code The confusing language is being updated and coordinated with the Design Standards c. Discuss Share Point/MyGov S. Future Agenda Items Commissioner Emmite would like to have more information on the process for structures are placed on the Consent Agenda. Need for a sub committee on properties that are removed from the consent agenda Adjourn: A motion was made by Commissioner Hadley seconded by Commissioner Coyle to adjourn. Meeting was adjourned at 4:50 PM Ryan atthews, Chairman CVlcko—C, Wt/Z� N MINUTES OF THE BUILDING AND STANDARDS COMMISSION MEETING OF THE CITY OF PARIS, TEXAS AUGUST 19, 2024 The Building and Standards Commission of the City of Paris met for a regular session at 3:00 p.m. on Monday, August 19, 2024, at the City of Paris Council Chambers, 107 E. Kaufman St., Paris, TX 75460. Present: Board Members: Chris Fitzgerald Kim Walker Brandon Kearney A.W "Plug" Clem Chris Dux Alexander Moore City Representatives: Robert Talley — Code Enforcement Jacie Sparks — Code Enforcement Nicki Brown — Code Enforcement Cade Oats — Assistant Fire Marshal Clyde Crews — Fire Marshal (until 3:30 PM) Osei Amo-Mensah, AICP — Director of Planning & Community Development (until 3:30 PM) Duke McGee — Building Official; Assistant Director of Planning and Community Development (until 3:30 PM) Absent Board Members: Ken Kohls Call meeting to order. Chris Fitzgerald, Vice Chairman, called the meeting to order at 3:07 p.m. 2. Approve minutes from the meeting of July 15, 2024. Motion made by A.W "Plug" Clem, seconded by Chris Fitzgerald, to approve minutes. Motion carried unanimously. 6-0 Public Hearing to consider presentations by City of Paris Code Inspectors and owner(s) and/or lien holder(s) of the below properties who have been given notice of a violation of Chapter 4, Article 4.03 entitled "Substandard and Dangerous Buildings and Structures;" Chapter 7, Article 7.04 entitled "Weeds, Junk, and Other Objectionable, Unsightly, or Unsanitary Matter on Private Premises;" Chapter 8, Article 8.10 entitled "Outdoor Storage;" Code of Ordinances of the City of Paris, Paris, TX: A. 623 SE 6a'; City of Paris, Block 163, Lot 5 Owner: Roddy Cal & Mickie Dudley; 935 SE 6a', Paris, TX 75460 Pulled by Historic Preservation Commission. Building and Standards Meeting August 19, 2024 Page 2 B. 910 W Cherry; City of Paris, Block 83, Lot 36 Owner: Celestine Thomas; C/O Rita Dixon; 8700 Stonebrooke Parkway, Box 1996, Frisco, TX 75034 Robert Talley stated that the back of structure is separating and there is missing and deteriorated wood throughout structure. The roof is damaged. Parts of the ceiling and roof joints are falling. Structure is sinking and bowing. The fence on the back of property is broken. There is also a fallen tree on the property. There was discussion amongst the board, Mrs. Rita Dixon, and Robert Talley regarding heirship, the value of the property, and the timeline she will need to sell this property. Robert Talley's recommendation: Declare a nuisance, removal of fallen tree, repair fence, and secure the structure within 14 days, or city has a right to do so. Demolition of structure within 30 days or city has the right to do so. Motion made by Kim Walker, seconded by Chris Dux, to repair fence, secure structure and remove fallen tree within 14 days, or the city has the right to do so. Also to come back before the commission in 90 days for an update. Motion carried unanimously. 6-0 2605 W Houston; Sperry's Yd Addition, Block 1, Lot 8 Owner: Frank Eugene Middleton Jr; Guy Edward Middleton & Patricia Wortham, 2605 W Houston, Paris, TX 75460 Robert Talley stated that there has been no contact with the owner. There is a gentleman named Craig Reynolds who is living on a camper on the vacant lot. There is junk and rubbish such as tires, sheet metal litter and trash, lumber, buckets and other scattered items on property. There is also a porch that was built for the camper on the property as well. Mr. Reynolds, was present to speak on behalf of the property. He stated he pays rent to a Mr. Gaither who says he is related to the owner. Mr. Talley explained to them that they can only live in a camper two weeks out of the year if they are working on the structure, which the property in question is a vacant lot. There was discussion amongst the board, Robert Talley, and Mr. Craig Reynolds regarding the ownership, city permits, and legality of living in a camper inside city limits. Robert Talley's recommendation: Declare a nuisance, removal of camper and vacating property within 30 days, or city has the right to do so, and removal of junk and rubbish within 30 days, or city has the right to do so. Motion made by Chris Fitzgerald, seconded by Chris Dux, to follow staff recommendation. Motion carried unanimously. 6-0 Building and Standards Meeting August 19, 2024 Page 3 E. 129 W Washington; City of Paris, Block 156, Lot 6 Owner: Don King Barton & Janie M Barton; Maris Briggle, 265 27th NW, Paris, TX 75460 Robert Talley stated that squatters have moved a shed onto the property without the owner knowing. They are residing in the structure. There is junk and rubbish all over the property. There was discussion amongst the board, Robert Talley and Mr. King Martin regarding the eviction process and the liabilities as a property owner. Robert Talley's recommendation: Removal of shed, removal of junk and rubbish and vacating the property within 30 days, or city has the right to do so. Motion made by Chris Dux, seconded by Kim Walker, to follow staff recommendation. Motion carried unanimously. 6-0 C. 100 NW 3rd; City of Paris, Block 20, Lot A Owner: Blake & Hinkle Office Building LLC; David Alarid, 25 NW 1St St., Paris, TX 75460 Robert Talley stated that there was a fence put on the property as a barricade but since, it has deteriorated and is falling apart. It is unsightly and is now considered junk and rubbish. There was discussion amongst the board and Robert Talley regarding the Historic Preservation Commissions requirements for fencing and this fence does not meet them. Robert Talley's recommendation: Declare a nuisance, removal of fence, junk and rubbish and barricade within 30 days or city has right to do so. Motion made by Kim Walker, seconded by Chris Fitzgerald, to follow staff recommendation. Motion carried unanimously. 6-0 D. 100 NW 3rd; City of Paris, Block 9, Lot A Owner: Blake & Hinkle Office Building LLC; David Alarid, 25 NW 1St St., Paris, TX 75460 Robert Talley stated that there was a fence put on the property as a barricade but since, it has deteriorated and is falling apart. It is unsightly and is now considered junk and rubbish. There was discussion amongst the board and Robert Talley regarding the Historic Preservation Commissions requirements for fencing and this fence does not meet them. Building and Standards Meeting August 19, 2024 Page 4 Robert Talley's recommendation: Declare a nuisance, removal of fence, junk and rubbish and barricade within 30 days or city has right to do so. Motion made by Chris Dux, seconded by Kim Walker, to follow staff recommendation. Motion carried unanimously. 6-0 F. 415 Shady Oaks; Shay Oaks, Block 3, Lot 11 Owner: Leslie P Bridgers; 415 Shady Oaks Ln, Paris, TX 75460 Robert Talley stated that there has been no contact with the owner. Someone is living in a camper in the front yard. They have no sewer hookup and they have an extension cord ran to the camper. Robert Talley's recommendation: Declare a nuisance, removal of camper within 30 days, or city has right to do so. Motion made by Chris Fitzgerald, seconded by Kim Walker, to follow staff recommendation. Motion carried unanimously. 6-0 G. 832 Provine; City of Paris, Block 75-A, Lot 7A & 8 Owner: Jesse Hall; 865 NE 5th, Paris, TX 75460 Robert Talley stated that there is a shed that has been moved onto the property. They were getting power to the shed from a generator that was found in the house next door. The house has fire damage, foundation damage and missing windows. It looks like they started to repair but have since stopped working on it. The roof is starting to sag. Robert Talley's recommendation: Declare a nuisance, removal of shed and vacate property within 30 days or city has right to do so. Also secure main structure within 14 days, or city has the right to do so. Motion made by Chris Fitzgerald, seconded by Chris Dux, to Demolish main structure within 60 days, remove the shed on property and vacate within 30 days, or city has the right to do so. Motion carried unanimously. 6-0 Building and Standards Meeting August 19, 2024 Page 5 H. 1124 Church St., City of Paris, Block 158-A, Lot 2 Owner: Virgil N Kelley; Gimmi S Allen, 1124 S Church, Paris, TX 75460 Robert Talley stated a tree had fallen on the structure causing it to push off its foundation. The owner could potentially still be residing there. The whole front of the structure is crushed. Robert Talley's recommendation: Declare a nuisance, demolition and vacate within 30 days or city has right to do so. Motion made by Chris Dux, seconded by Brandon Kearney, to follow staff recommendation. Motion carried unanimously. 6-0 I. 1145 & 1431 W Sherman; City of Paris, Block 229, Lot 14 Owner: Jimmy Lane; 1431 W Sherman, Paris, TX 75460 Robert Talley stated the structure has demolition orders on it already but the tenant will not leave. He brought this back for vacate orders. The property has junk and rubbish as well as junk vehicles and a junk boat. Robert Talley's recommendation: Declare a nuisance, remove all junk and rubbish, remove all junk vehicles including boat, and demolition of all structures including sheds within 30 days or city has right to do so. Motion made by Kim Walker, seconded by A.W "Plug" Clem, to follow staff recommendation. Motion carried unanimously. 6-0 K. 2845 Lewis Lane; Essent PRMC Addition 306 # 2, Block B, Lot 1 Owner: Essent PRMC LP; 330 Seven Springs Way, Brentwood, TN 37027 Physical Therapy Building: Robert Talley stated this building has busted windows and plant life on the interior of the structure. There is graffiti throughout the structure as well as junk and rubbish. Pavilion: Robert Talley stated that the siding (stucco) is buckling and the roof is collapsing. There are busted out windows and doors. The structure is unsecure. Robert Talley's recommendation: Declare a nuisance, demolition of the Pavilion and the Physical Therapy building within 30 days or city has right to do so. Motion made by Kim Walker, seconded by A.W "Plug" Clem, to follow staff recommendation. Motion carried unanimously. 6-0 Building and Standards Meeting August 19, 2024 Page 6 4. Adjournment. There being no further business, a motion to adjourn w' made by Chris Fitzgerald, Vice Chairman, at 4:55 p.m. j Item No. 7 memorandum TO: Mayor, Mayor Pro -Tem, and City Council Robert Vine, Interim City Manager FROM: Gene Anderson, Finance Director SUBJECT: JULY 2024 FINANCIAL REPORT DATE: September 23, 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 July 2024 Financial Report Comments Net to Date Comparison of Revenues: I. The operations and maintenance property tax and related collections reported are 1.09% more than what was reported in 2023. Current tax collections this year are 97.46% of the tax levy vs. 97.54% last year. 2. Sales taxes are up 3.75% from last year ($323,556). 3. Hotel occupancy taxes are up 12.09% compared to last year ($121,643). 4. Franchise fees are down 3.73% compared to last year ($112,478). This is due to a significant decrease in the payment from Atmos. 5. Permit fees are up 107.05% from last year ($285,546). This increase is due to new commercial permits. 6. Municipal Court fines and related fees are down 11.86% compared to last year ($24,656). 7. Other revenue includes leases, interest, copy fees, birth & death certificates, library fees, mixed beverage tax, and other minor revenues. This revenue is up 15.69% ($379,522). This is due to higher interest income and miscellaneous revenue. 8. Sanitation fees are up 4.76 0.55% ($8,439). 9. EMS fees are up 30.42% compared to last year ($858,284). 10. Lamar County EMS contributions are up 6.05% (21,461) compared to last year. 11. Total General Fund revenues are up 7.21% compared to last year ($1,950,965). General Fund revenues equal 97.83% of the budget with the City being 83.33% through the budget year. 12. Total General Fund expenditures are up 5.03% ($1,119,453) compared to last year. General Fund expenditures to date equal 75.20% of budget with the City being 83.33% through the budget year. 13. Sewer revenue was up 16.98% ($1,360,262). 14. Water revenue was down 0.80% ($58,734). 15. Other revenue sources are down 4.63% ($34,565). 16. Total Water & Sewer revenues, ignoring transfers and adjustments, are 7.91% above last year ($1,266,962) and represents 82.32% of the total budget. 17. Total Water & Sewer expenses are 5.47% above last year ($509,589) at this point and represent 46.77% of the total budget (78.43% adjusted for debt payments.) while the City is 83.33% through the budget year. 18. The Airport Fund has overcome the deficit reported last month with summer activity boosting revenue as expected. 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 ten months or 83.33% 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 six departments whose expenditures were over 83.33%. 1. City Council -113.98%. The overage amounts to $58,392 and was due to consultant costs and the housing assessment study. The City will receive reimbursement on 2/3 of the study. 2. City Manager -87.58%. The overage amounts to $32,457 and was due to salary & benefits, furniture, publications, insurance, and minor apparatus. 3. Paris Band -102.78%. The overage amounts to $4,484 and was due to payments to band members. 4. Library -86.94%. The overage amounts to $30,501 and was caused by supplies, technical processing, annual insurance payment, travel, furniture, and maintenance agreement. 5. Water Treatment Plant -85.94%. The overage amounts to $94,454 and was caused by lab chemicals and filtration plant costs. 6. Sanitation -90.18%. The overage amounts to $94,537 and was due to CARDS payments. General comments to the City Council: 1. Over 99% of all 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. 2. 1 try to anticipate questions you might have about the report and comment on those points. After you receive your packet and review the monthly report, if you have questions about the report, please let the Manager know (or me if you can't reach the Manager) before the Council meeting, if possible, in case I must research the answer to your question. That does not prevent you from asking the question at the meeting if you wish to make a point, but it does help prevent questions coming up that I can't answer on the spot and possibly delay the Council in making a decision. City of Paris General Fund Recap July 2024 Current Year to Date Prior Year to Date Netto Date FY2024 FY2023 Taxes Collected $ 8,243,958.33 $ 8,154,311.68 $ 89,646.65 Sales Tax $ 8,930,523.57 $ 8,606,966.97 $ 323,556.60 Hotel/MotelTax $ 1,126,964.24 $ 1,005,320.98 $ 121,643.26 Franchise Fees $ 2,900,395.35 $ 3,012,873.71 $ (112,478.36) Permits $ 552,285.08 $ 266,738.16 $ 285,546.92 Court Fees $ 183,073.14 $ 207,730.13 $ (24,656.99) Other Revenue $ 2,797,084.67 $ 2,417,562.56 $ 379,522.11 Sanitation $ 185,518.17 $ 177,078.55 $ 8,439.62 EMS Fees $ 3,679,255.94 $ 2,820,971.71 $ 858,284.23 Lamar County EMS $ 376,036.30 $ 354,575.00 $ 21,461.30 Total Revenues $ 28,975,094.79 $ 27,024,129.45 $ 1,950,965.34 Total Expenditures $ 23,357,229.67 $ 22,237,775.76 $ 1,119,453.91 Net To Date $ 5,617,865.12 $ 4,786,353.69 $ 831,511.43 Prior Year to Date Current Year Budget Current Month Actual Prior Year Month Actual Current Year to Date FY2024 July 2024 168,573.11 July 2023 190,500.00 FY2024 203,900.00 $ 26,648.87 $ 4,273.88 $ 217,135.84 r $ 103,829.42 $ 47,591.19 $ 667,618.06 ' $ 34,167.73 $ 25,269.18 $ 316,150.8✓: )urt $ 19,848.08 $ 17,560.58 $ 213,249.35 7,660,330.00 $ 17,159.54 $ 16,182.78 $ 179,022.94 ',Auditing $ 77,394.08 $ 286,088.91 $ 422,246.22 $ $ 761,094.26 $ 539,677.97 $ 6,007,623.46 $ $ 421,850.76 $ 416,249.17 $ 4,665,576.27 )evelopment $ 139,955.95 $ 125,603.22 $ 1,123,107.57 2,544,784.00 $ 36,865.97 $ 18,357.48 $ 310,620.06 474,902.00 $ 25,089.61 $ 18,185.38 $ 206,886.59 eation, ROW $ 166,170.62 $ 161,660.59 $ 1,173,291.63 $ 23,050.00 640,576.99 $ 842,999.00 $ 799,835.00 ;hways $ 163,679.67 $ 133,642.48 $ 1,032,610.28 lic Lighting $ 48,399.92 $ 35,318.61 $ 387,674.55 $ 24,484.64 $ 27,279.55 $ 299,503.85 ledical Service $ 577,845.90 $ 306,365.39 $ 3,703,373.86 $ 22,844.13 $ 20,793.10 $ 23,692.53 $ 48,943.93 $ 59,381.49 $ 732,972.16 roses $ 61,779.55 $ 55,554.42 $ 1,674,873.57 $ - $ (73,358.57) $ 2,778,052.63 $ 2,241,676.80 $ 23,357,229.67 Prior Year to Date Current Year Budget Prior Year Budget FY2023 FY2024 FY2023 168,573.11 $ 190,500.00 $ 203,900.00 501,993.98 $ 762,223.00 $ 618,106.00 318,457.92 $ 418,188.00 $ 402,097.00 189,694.51 $ 273,021.00 $ 251,997.00 166,445.05 $ 219,071.00 $ 205,321.00 649,826.92 $ 661,212.00 $ 732,719.00 5,625,375.80 $ 7,660,330.00 $ 7,257,141.00 4,493,510.87 $ 5,664,697.00 $ 5,594,674.00 1,192,097.66 $ 1,685,684.00 $ 1,649,428.00 322,365.60 $ 418,884.00 $ 396,933.00 186,961.59 $ 258,963.00 $ 232,470.00 1,188,758.47 $ 1,410,031.00 $ 1,486,128.00 822,602.91 $ 2,544,784.00 $ 1,276,173.00 380,862.89 $ 515,289.00 $ 474,902.00 292,050.31 $ 401,450.00 $ 370,001.00 3,604,644.65 $ 5,016,435.00 $ 4,422,181.00 21,433.48 $ 23,050.00 $ 23,050.00 640,576.99 $ 842,999.00 $ 799,835.00 1,493,273.02 $ 2,040,739.00 $ 2,061,234.00 136,929.86 $ 50,000.00 $ 40,000.00 (158,659.83) 22,237,775.76 $ 31,057,550.00 $ 28,498,290.00 City of Paris Water & Sewer Fund Recap July 2024 Current Year To Date Prior Year To Date Net To Date FY2024 FY2023 Water Revenues $ 7,199,954.06 $ 7,258,688.48 $ (58,734.42) Sewer Revenues $ 9,366,677.64 $ 8,006,415.17 $ 1,360,262.47 Other Revenues $ 7111330.03 $ 745,895.48 $ (34,565.45) Total Revenues $ 17,277,961.73 $ 16,010,999.13 $ 1,266,962.60 Total Expenditures $ 9,816,365.66 $ 9,306,776.26 $ 509,589.40 Debt $ 6,645,390.00 $ 6,294,134.61 $ 351,255.39 Net To Date $ 816,206.07 $ 410,088.26 $ 406,117.81 Fund penditures-May 2024 Current Month Actual Prior Year Month Actual Current Year to Date Prior Year to Date Current Year Budget Prior Year Budget May2024 May 2023 FY2024 FY2023 FY2024 FY2023 e igand Collectin $ $ 8,858.83 267,513.17 $ 9,646.37 $ $ 101,096.33 $ 95,531.74 $ 123,628.00 $ 117,995.00 auction $ 270,973.18 248,677.72 $ 2,409,905.80 $ 2,312,585.03 $ 2,908,540.00 $ 2,758,811.00 ribution $ 116,887.94 $ 287,089.56 $ 3,110,553.01 $ 2,767,708.48 $ 3,619,463.00 $ 3,335,856.00 ntenance $ $ 106,978.33 $ 1,237,448.77 $ 1,283,724.70 $ 1,765,305.00 $ 1,693,625.00 42,996.78 $ 34,331.51 $ 609,582.65 $ 606,753.64 $ 959,441.00 $ 849,852,00 :erTreatment $ 211,837.95 $ 237,011.73 $ 2,001,735.68 $ 1,859,149.81 $ 2,518,560.00 $ 2,434,667.00 's $ 29,939.09 $ 33,118.14 $ 346,043.42 $ 381,322.86 $ 477,423.00 $ 460,242.00 $ 949,006.94 $ 956,853.36 $ 9,816,365.66 $ 9,306,776.26 $ 12,372,360.00 $ 11,650,548.00 City of Paris Cox Field Airport Recap July 2024 Current Year to Date Prior Year to Date FY 2024 FY 2023 Airport Revenue $ 881,039.03 $ 989,168.04 Airport Expenses $ 858,778.56 $ 806,581.77 Net To Date $ 22,260.47 $ 182,586.27 City of Paris Sanitation Fund Recap July 2024 Current Year to Date Prior Year to Date FY 2024 FY 2023 Sanitation Revenues $ 1,149,279.34 $ 1,055,767.72 Sanitation Expenses $ 1,244,491.22 $ 1,047,365.79 Net To Date $ (95,211.88) $ 8,401.93 Item No. 8 erts, Ditches & Intakes RESS STREET PROBLEM ACTION 19TH NE DITCH CLEANED DITCH 19TH NE DITCH CLEANED DITCH 13TH NE & TUDOR DITCH ICLEANED DITCH DATE 08/08/24 08/08/24 erts, Ditches & Intakes RESS STREET PROBLEM ACTION DATE LOCK W SHERMAN INTAKE CHECKINTAKE 108/22/24 INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE --------------------------- INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE iCHECK INTAKE ,INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE erts, Ditches & Intakes INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE erts, Ditches & Intakes RESS ISTREET PROBLEM !ACTION INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE DATE erts, Ditches & Intakes RESS ISTREET PROBLEM ACTION INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE NTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE DATE erts, Ditches & Intakes RESS STREET PROBLEM ACTION DATE 16TH NE & JOHNSON JOHNSON DITCH CLEANED DITCH DITCH CLEANED DITCH INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE INTAKE CHECKINTAKE 08/08/24 erts, Ditches & Intakes RESS ISTREET PROBLEM ACTION DATE MEADOWLARK DITCH CLEANED DITCH 08/22/24 MEADOWLARK DITCH CLEANED DITCH 08/22/24 MEADOWLARK DITCH CLEANED DITCH 08/22/24 SHERWOOD DITCH CLEANED DITCH 08/22/24 Item No. 9 Code Enforcement Report: Au nst 2024 Cases Worked: 326 Cases Completed: 285 Lots Abated: 200 Other Work by Abatement Crew: Removed Fallen Trees and Brush — 2 days Removed Tires — 2 days Removed Illegal Dumps — 4 days Repaired/Serviced Equipment — 2 days Cut Blind Corner -4 days Worked Downtown — 2 days Demolition Report: Auust 2024 There were 12 properties presented to the BSC in August: 623 SE 6th 100 NW 3rd 129 W Washington 832 Provine 1445 W Sherman 2605 W Houston 910 W Cherry CB- 20, L- A 415 Shady Oaks 1124 S Church 1431 W Sherman 2845 Lewis Ln There were 4 structures demolished in August, 2024: 127 SE 16th 1364 W Houston 1518 W Houston 1813 W Houston Memorandum Agenda Item 10 TO: Mayor Mayor Pro Tem City Council FROM: Todd Mittge, City Engineer SUBJECT: Consideration of and action on the Final Plat of the Ricardo Ramirez Estates Addition, Lot 1, LCAD: 15973, located at 610 West Austin. DATE: September 23, 2024 BACKGROUND The applicant requests approval of a Final Plat to build a Multi -family structure. This was a non -platted City Lot and Block parcel. RECOMMENDATION Staff recommends approval of the final plat with the following condition: 1. Location of proposed lots, streets, alleys...., Minimum finished floor elevations for each lot.... Chapter 9A, V Final Plat, Subsection 8. a. Minimum Finished Floor Elevation of the proposed structure shall be shown on the final plat. v Cn [mMllhq Pavnrd e-v- CIIAINLIW FENCE O.P.R.LCT -OFFICIAL PUBLIC RECORDS, -- BARBED HIRE FENCE L `R CWHTY, TIX,[5 NATER LINE R.P.R.LCT - REN. PROPERTY REGARDS, -+ UNDROUND RMIMATE/ r-v r v-v v i LAMAR CWMY. T!%A9-.-v-u- ERG APP r r r v APPROXIMATE/ v r v v I LOCATION OF V NC O.R,L.C.T. - DEED RECOROS,_ SANITARY 5ENER LINE LOCATION OF 12' CI VLAMAR COUNTY, TEXA5 -o• a.•- OVERHEAD ELECTRIC LINE .E. UTILITY EAB@tENi' (BY THIS PUT) ASPHALT B.L. BUILDING LINE (BY TIAs PLAT) iNN ROD FOUND = METE W K4L7FMANS7FEL7 I -gg IIjI ®'>r FOUND IN caur+ETE ......... ........... -- TII -22BB � �- -- DAL F.• i MWN 's cERn TE I ^ I C11L I WHEREAS Rlcvrdo Rvminsara N. h th. ew M 1 o el of I M elluW.tl I lAar Co-y. T aa. and b.lnp I men PaalnularW dR-1- of lolls.: CALLED 0.40 ACRES B.Inp a 0.14 1- Mxl 0r Pvn.l 01 land W-IN M M. LI— MOM( Survey, Ab.MCI No. ])8, Loma, p JUSTIN HENDERSON, ET UX j V of I Courtly, TM I.. ontl b.Inq .1I of Mat a.rmln vall.d 0.143 acn Mal of (and ca nv.y.d I— Floyd WEL-H, MA V I I (FILE NO. 211438 -2024 O.P.R.L.C.T.) I to Rlcartb M1IM Mop, by Gen-I WO MDN DMIN, m MCOMNI in FII. No. 203731-2023, OfOaiol Public y- ��By9 R.oa... Lamar Geanly, T.­.,(B.adap. en baa.a w xA. s3 (Solt), r..a. xaah E.­ -2,a. IV d I a' I CAL P v I ­=d by GPs. Am ana ahMnOn shorn h­­an It 9dd), end b.lnp men I+oNeulody d.NHb.d by ui o a m.l.. aaa bwnaa I. mlmw.: LUCY COLEMAN STOKES o I 2 m �L BEGINNING at a 1/2• ISI and bund of th. SoWhr Isms of wid 0.141 acn imcl, of Ih. SOWh... t (VOL. B91, P. BI N I oomx of a haat o1 lend mnr.yad tv Mary D.• Sm.a, by a.•d oa rwerd.d In velum• 859, Pap• )SI, Dwtl R.aartl. Lamar Ceu M,. T..... and In Ih. N P.. e1 W 1ua11e SM 1 LL I THENCE Il HH, 1 tlwnp 5/ minuh. 10 .wond, 1.05 W11h Ih, W7/ 1 of .aid 0.14] acn Ho ontl wIM I V M• Earl Iln• I wld sRm Iro.h a tll.farm If 123.05 1..1 M a I/2• Mn retl f1. that Ih. NU.. .r or .aid 0.143 oan +row, m M. NwM.aa wm.r of cam sn..a Mn. ana n . swM Fla. w an �Ei as >• I I I I ROYCE LODGES2850-gi oll.y. I (FLE.P. 142350-2017 oI YY APPROXIMATE O. P.R.L.C.T.) THENCE Nerfn E9 d of Id minuh. 42 ..Gana. OD 1.1 M. North It,, o} It .d . 1. tract and Pt e� F j J y D LQ-J�TIGN OF b' PVG I I— the AANI Nn. or -Id ally, a " 11* * of 50.00 f111 M a 1/1" non Fla fountl v1 1M Norine1M I—, I ,am 0.143 sen troN ona In Ih. W..t 112• of I8cl ffl-I .UH FIM .. vonv,ytl to Cary Lynn T •tA <R PC � � W ��.1 al, by d..d oa rw0n.tl in Rh No. 063372-2008, 011lmel Publie R.rortla. Lamer CounW T.Kv.: 4P�P0• y I -- I i �� THENCE south DO a.qn.. 54 m num. 49 ­.d. Eo.1, w M Ih. Ea Nl 01 w d 0. ooh Mol ana MN, --- M. Wil iln.val m Was , So tllrl ., dl a 05 .1 to wlnl 1vr com.r al M. 6a'IM1.a.I , " i. Mold a a 1 �� wld 0.11! a n Inch al IM S1. 1 dlsl v r If .aid Gvp Mm, and In lh. Nedh Ne. al W wslM s., o T h I Fv from whiClr an •%" bund cut In 11. beak e1 wr Dwn B-1, B3 I..,... 1S minuh. IB wond. Wpl a \ SECOND TRACT d'sl.np at 0.65 110 ontl 1m sola POMC for ob m a T-Po.1 Iound bNo-, Noah 27 d.pn•, 59 m(,.t.. p `T E-; DAN, LLC uODna. W.ah o dhtanp 01 217 Ipl: ALLEY (DEED EASP 50.D0') I THENCE SouM 88 d.9rp. M9 mina}.. 42 ..Gond. W.4, IN n 1h, SIIM 111, of Nil 0.113 acn Irocl ontl -SII L'NIMPROI/EO (FILE NO. 200091-2022 O.P.OPR.L.GT.) bR I CMF„ 891 4 w II rIM Ih. Me Iln. ai W AwNn SI-I a dhlen,. of 50.00 ­f 10 1M POINT OF BEGINNING and CONTAINING CIAIL-.- I 50.00 F a FIRST TRACT y �'�q i� 9.252 couch feet or 0.14 acres of ana. U I TIGHTURIBAN, LLC Ti.. B II M R.ghd d P f I nal Land Sun.y.r In Ih. Ski. of T.Rw, do h.pby 1IHIfy Thal I H .� FILE NO. 200091-2022 O.P.R.LC.T.) I,. p .-I fhh plot 1 t IN. ground w y ane Mal Me monum.nl..horn Ih.rpn w.n Qf d ­l/., I a.d hd., ,, W of .up.M.mn InvbMoMd,1 c. wPh M. PI,HIng RUIn ontl p i tlo h CRY 1 FROM. La , r C-1 T.xa.. V W0. ] p1R 9AI OfNIARY 'H?s Idyll 110111 M7 I G�jO I w4 5;107 S O� Jtt{DO I 11Ftl81f"1 ANTJu IIIALf P11W aIIII IOR NI MMCIWd zzK^ N O 4 Nm.. �y;g I I Pe WOOED fY Iglgou 0lPo MLLAVIp iO NO.H AE:H S N- F _fi�IUOx 1GRY1 IPf (IRM If a LL g= EGISTEREDRPROFESSIONAL LAND SURVEYOR TINA m SECOND TRACT 111 STATE OF TEXAS NO. 6746 p v w 0. W a ZONED MF 1 p GARY LYNN 6055, ET Al O Y Ci P.i � MULTIPLE 1-LT 4 w LL)- (FILE NO. 063372-2008 O.P.R.L.C.T.) ` M DNE wi N o M O I I I NOW. THEREFORE. KNOW ALL MEN BY THESE PRESENTS• [ iJ DISTRICT I 2 a j I = O v M W OI I THAT, Rh 0.Dmlr.z NON, doMM n,nby adopt MIs plot dlalyy vllon ihs hw.in above tlawrM.a property r o. Rloorde RamMz E.M1.., an OddNlOn }v In. GN of Ppd., Iumar Cau . T.Ka., ontl ONlool.. b 1M1. z I cpm 1. om PO/HYDE ,Ap. MOILD ,Y b.1 vii W p PUDIIa ap rer.pr m nn.l., res ,enc . .ms snprn n• f n. ror a old canto p1 BEG/NN/NG v" ' anr� 1O . 0111 a.. ,1 ar a.ta9 .am. ler . purpoa. o ­CH­ mohillninp. addbg or 200 nm n en of OI .1p Wb. ml.m. INMUN .-IM. .-H-PI, I quanM.. M. w0rkmvn,Mp °'tl`' a CAL ana me .dal. ae.a in Ib wwlruall0n ana U.-M.- 01 watp mvina, mom. and .Dw1 '-4C ]!- AJ (GEED -57)",I DEED 150') pvdnq WIII b. w Pl.i.a ..U, 0 P,ded of on. (1) ywr from M. cat. of aopPMnp o} M, Rnal P. EEO 50' EO 51) DEED 51) P /^. -= APPR IMATE YMnap, my nand. Inla In. _ do, of 2024 a -. . -�%�" y' o %589'09 42 W rM p 1 d ocAT o we f _ wAusrrNsnerV s0 DR - APPRO%_M TE r (DEED WET 5000') v APFR 07ATE )L RIwMo Ramlr.z Nvry o1TlplIti I � a . a SUBSCRIBED TO AND SWORN BEFORE 4E, a tory Pubik In and tar M. Slat. 01 (GEED I80.05� T �I (DEED SD') T (DEED 100') FOUND WT IN I p I (.EEO T.1)BUIRa a r , ihl 1h. _day 1 ... 2024. BACK OF CURB BEARS (FILE NO. 093843-2011 e I o AO SB]'15'16•W 0.85' I O.P.R.L.C.T.) w T-POST FOUND BEAR B o I I N bry Publk „••••••••.......,... N2)59'4B-W 2.47' I I I F. 161OM MCBRO0C1 X uoiES p (FILE NO. EDD( McB OOM L.0 T.) _ LIMIT OF STUDY[ (REF. VOL. 541, P. BBB D.R.L.C.T.) FT I -- BFIWNOS ARE 819ED N NAD OT Ew11A TFK15 NORM ODE M 4NE, AS ORSORYED BY OP3. MU AND DUGANCB SHM -� I _ a ;RDx OT Gr /2 WN IRON R� Wpx A YE� S , ALL lCT CORx[Ie xY,v1 . ,[T , W CM STAMPED ',Y_UNF'. t= (,. DeLEON ET UX N I I <v 37 xD EAmr1xT nEcow ,roes WM xp1 w Tess or ON oR TxB RRM coxclRMno TxD PROP[Rn. 411N[ moPEAR sNCxx xLuax WM 9URYLYw psN ox O[[IB MD/OR MOAL D[9CRPTWM OnAINLD rNRWON NORMIL CALLED CAR ACRES f (FILE NO. 15IMB-2016 L t ISIESLURCN I0.0CwUR6 THERE .M w 011 DDCUNEnS RECOMID/UNRCWI9TD THAT MAY AFFECT THE SUBIECT. AND THB WERNA YATES, ET VIP �I I S I I I�� O.P.R.L.C.T.) o I 1UN 11 N0 MAY 11-1 oM 111 OF Au 11 A' F or THE "EMECT As - xuLRN. Z I a ZZ ZZ ALWVNEI A.. SAWARY SEWER A. SHOMN NEP[ON ARE MPRORwATL IN LOCATON AND DMCED Iwr THE ea YAPtl (FILE .P. 185542-2021 O {, W u F H Znl[ AREA iIDON [IEYATION SHOWN NFREOx B r04 ALL WDDMIL SPACE OF MFW CONZIRUCl10N NOT IOUIDG n A RD00 O. P. R. L.C.T.) Y1I I I J I W i « WTARD MFA MO BZVARD -,1 A .111 OF TWELYE 111)NS, IMOVE TIRE AYERACa CNN ME "1" 01 MC AGAND"I v IIOlJ]MAY OR TOP Oi 1pR10 CUR, "oh' T ROAG_ AWACEM M < GL tl Z Ja FEDERICO CHAVE2, ET U% FLOOD -1 T: ') < < ILL IF <I I I I THE PROPERTY IS SIXIWN M BONG LOCATED, IN ZONE K BY FLOOD INSURANCE RAl[ MM W. p2]]CO]2DC. GAPED J L D < (FILE N0.138278-1016 I 5 /18/2011. IT IS SHOWN AS WO BEING LOCATED IN A SPECIAL FLOOD NAZAND AREA INUNDATED BY IoM-YEAR FLOGD. -F� I I IY ��. O. P. R. L.C.T.) }` Ut 3 APPROXIMATE LOCATION � j� G. APPROXIMATE LOCATION J ( p OF ZONE % - 0.15 ANNUAL < OF ZONE X - 0,25 ANNUAL < i OIRVER,dAPPLICANT CHANCE FLOOD HA RD I I APPROXIMATE `` I I CHANCE FLOOD HAZARD -_ p LOCATION OF M�Y i I 8208 Northweitt O S st ,,t ZONE AE - RFINAL PLAT 1G REGULATORY 1A 1 1 I I LCODWAY I COO: R TX 76432 I I I ""Pham JWz= as 48448 `p RICARDO RAMIREZ ESTATES BEING LOT 9, BLOCK 119-A AN ADDITION TO THE CITY OF PARIS LAMAR COUNTY, TEXAS I (7-c,s=E j. i em 0.14 ACRES b 610 W AUSTIN ST , ChalDnon, nh al Paa. DoR� .._ _.... ................ LHS PARIS, TEXAS BY-LINE ana zamnp ca 1pt { 1 SURVEYING LLC H ... :rh,r ' IoATE Ge/1e/1024 B n T )saw "' r uL[• I-=1M' Ph.(9D3)A siw SCALE 0 120 - )� s , 0 4D 8 � 3 SDzs-ssa ,w. byr ap.re�ypy3aam Mayor, u°Pry I purls Ovt. - VICINITY MAP � ICLIENT: 111-DO RAMIREZ SHEN 9„ - NOT TO SCALE "T" (TECHNICIAN: AMN Me''morandum Item No. 11 TO: Mayor Mayor Pro Tem City Council FROM: Todd Mittge, City Engineer SUBJECT: Consideration of and action on the Final Plat of the River Oaks Subdivision II, Lots 1, 2, and 3. Being part of River Oaks Subdivision Block B Lot 4 and 5, LCAD: 104885 , on Aikin Drive. No address has ever been assigned. DATE: September 23, 2024 BACKGROUND The applicant requests approval of a Final Plat in order to build single-family structures. This is the Second Phase of a previous Subdivision. RECOMMENDATION Staff recommends approval of the Final Plat with the following condition: 1. Location of proposed lots, streets, alleys...., Minimum finished floor elevations for each lot.... Chapter 9A, V Final Plat, Subsection 8. a. Minimum Finished Floor Elevation of the proposed structure shall be shown on the final plat. Final Plat River Oaks Subdivision Phase H 0.826 Acres Pan of City Block #294 City of Paris, Lamar County, Texas The mdrpLt elQofu7mI, IWy ,noh1p&QfPa=O�P ylev.6mlMd b th. 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Nac: 1?1 xry h Currently Zoned SFJtont-F—dyDwelling] Ithm pmj ftyis—io the Him ie Diopt Felne Building Develop—will nvvc Finished FI.,rEkvakns vhmnn on Site Plan 0" yi" copped iro pin Ioune aurveY Ilse am ii" i n pin /ound – eenwnt/bullding 11h �= X4' iron Ptn round ®- ±h' iron found r =fen eeod power ti- ine –"_-- re !�D STEp pn Q = hob -n concrete eat 0- ®• boa d'art t lourq – ntlergrauM telephon sr alar ' �r HAYDF 1 �p ■- chnen Ilnk p�Oet tound tl1 : tNephone pedestal ® m fro hydrant P (q awBgg n, ®my hghwW m.,ker found 0a 3h iron Pn I light Pole 36PVY". pped C.r 10YA .red. pob >• point or begnoir,% s ,+k✓r^'' Iln/2tV'4 H 4 ,aler RPLSMSE9Y sore 1, Hay'don Foatcr. Rcge[cmd PmmvakuW LmJ $,uvcyor,Na. WJ9 m n,mnr sanity rMt tna pmt and.>•rmtwming Deld rcx.. mpmnnma r an IM Fnn,na w�,ay male wormy dk„t sulw-rvinim. ReaemeM1 nfrsnNed Jrxvmmna wxs mndennty Frcthc purpwc ufdctcrm'ning tM boundary of duo pmperty mW,M ado n'ng pnrcek 0.ecmd drmamvtls NM1nthan thnu•vMwnmthn urvcy ,my cvivt vnd nncumMrthin pmpury.TMrc tlucantappnvtn M any cncmvchmcnn tRMr Jmv thorc drown hucunT M mwv due npfvnrm M in n Floral xmtc acmNing to tM Fl.d invuntn,v R. Map M4R277CI132DC for lam,rvCrrmtty, Tevvn Refcmnm cruris% _,he North M,u Nvey line of Aikn D,i.e wJ Mtngd,pvuA u.s89"1 8 W. Ma I.ding Mvxtumenbi dthe mootm,ofIM Referent W Si,, g .W F.. #j0jW tes pmv dud w:n dt,s suvuy F�stcr LutW Surveying Fvmp10191]?5 Item No. 12 t TO: Mayor Mayor Pro Tem City Council FROM: Todd Mittge, City Engineer SUBJECT: Consideration of and action on the Final Plat of the Rodriguez 98 Addition, Lots 1, City Block 98, Lot 1. LCAD: 15469, 913 711 NW & Henderson Street. DATE: September 23, 2024 BACKGROUND The applicant requests approval of a Final Plat in order to build a single family structure. This was a non -platted City Lot and Block. RECOMMENDATION Staff recommends approval of the Final Plat with no conditions. OF TEXAS ITY OF LAMAR Before me, the undi nYgned authority, a Notary Public In and tar the mid County and State, on this ersonal appeared going in "' " ""_"""—'' knotvll to me to De the persene whose names bsa!bed t heforesimmenidndseknowiidged jo me thetthey to='tetlsemetrconstderatiun ex seed Given under my hand antl seal of office. this day of _._ .AD 2024 Notary Public, State of Texas Owner and Developer Jose Antonio Rodriguez 16051st Street NE Paris, Texas 75460 (903)495-8367 FINAL PLAT �'�� 9tf W'aa V LOT 1, BLOCK A 1.244 ACRE N �t FIELD NOTES OF LOT 1 OF THE RODRIGUEZ 98 ADDITION E All that cede n tract o parcel of land situated within the Corporate Limits of the City of Parte, In Lamar County. Texas: part of the Larkin Rotten Survey, Abstrect No. T78. .� ntlbeing a part of Lot i in Block 98 ofthe CW of Paris, as shown on the -recorded Plat, �^1��T�,T T'a'y' -+IENDERSON STREET (Ba row -WD 4 Page 4, fthe Lots. Blocks, and Additions Records of the City of Pans('), and also being a Ians..se.. ' I ' part of the celled 13.595 acre tract of land tlese scifind In a Dead t JoAntonio Rodnguez, r and recorded In Document 1-2017, of the Official Pu blk Record, of Lamar County. and ^ =: a10'E `- N89'S .f being more padicu iuly described as tltwa, to coil: 160.0001 ------- s 1" 50' Beginning at a 112-rebar (set) for a comer in a South Line of Henderson Street NW, same being (hem Northerly Northwest comer ofeeld 13.595 acne tract, and same also being the Northwest > connmr'fa called 313' x 339' tract of land described in a Deed to Enna Vre emue, LLC, and mcord- I I H ed In Document 192073-2022, of the Official Public Records of Lamar County; Thence N 89.53' 1 VE with a North Line of mid 13.595 acre tract and with a Scutal, Line of said Hendmsen Street, a distance of 160.00a, to a 1l2'rebar (set) for a mrner in a South Line of Mid Henderson Street, and same being in a North Line of said 13.595 acre tract; Zonin g "— PO-----' "_ .�—•�—' , Thence S 01'24'12"W over said 13.595 acre tract, a distance of 338.82T, to a 112 rebar (sell for a corner within sem 13.595 acre tract. w__ ______ _ ---- --""----'"-" ' O The S 89' S3' 1R W over said 13.595 acre bact, a distance of 160.000. to a 12" caber rd)rota mmm, same being an Inside mer o ( rnf said 13.595 sate tract, and sumo elm being the Southeast tamer of said 313' x 339' tract: I Thence N 01' 24' 12' E with a West Line of said 13.5% acre timctantl wlih the East Line of seid SIT, 339' tract, a dimunce of 336,827, to the Plena of Beginning and cenfaining 1244 saes of Ian. ur N It 1.244 acre Pcoo I u Lot 1, Block A rveyore note: Booc utility locations per City Base Map 9-7-22 AC The bearing, noted herein are Need upon the most Northerly West Line of said 13.595 acre Roddguez tact, being N 01'24' 12' E. o min0 55, z°� I and actual locations have not been field verified I, Wendell J. Moore, Registered Professional Land Surveyor No. 5723, State of Texas, cedly that the above Plat and Field Notes depict hjOh I and represent an actual survey made on the ground and under my supervision and completed July 18, 2024, Il 'i *a" I �"•• i I I We tl IIJ Moore RPLS 5723 f I Q)b Engineering Firm lO a ENG7577204 ! I for hammnca only, not a legally binding documentI I I L� C m . S 89'53'10' W Acommuce 160.00a `al The undeml d, the C' Clerk City City the C' Paris, Texas, 1 y scow Ler of of hereby certifea that the bre, 202 ,pled' to I was submitted to the City Council of Parie, Texas, an the day of 2024, and said City Council by formal action then and there accepted I, and said City Council diner aWhor- his mut laed the Mayor b nolo acceptance thereof, by signing his name as herein below wbsmibetl. a b .per's Cedlficate City Clark, City of Pads, Texas date (w)-_ ,,.., hereby certify as them: (1) That I (we) own in fee the property which is the subject of this plat. M the event of liens or Approved encumberamcee,I(we) have provided Procter lender concurrence for this development: Charm Planning8,2 Commission (2) That I (m) have caused this plat to be prepared, that it 1, authentic, and accurate to the ng tlale best of our knowledge; (3) That I (we) do hereby dedicate the atresia, alley,, easements, water and sewer utiliUm, antl drainage facilities provided within or for this developm,nL t the City of Paris. Texas: end (4) That I(we) warrent to workmanship and materials used i n the benstructlon of all water. App d ,.d. ......... ,,,,,,,,," and drainage facilities, an pavements, for a period of one year horn the data of plat approval by the City. Mayor, City or Paris, Texas data OF TEXAS ITY OF LAMAR Before me, the undi nYgned authority, a Notary Public In and tar the mid County and State, on this ersonal appeared going in "' " ""_"""—'' knotvll to me to De the persene whose names bsa!bed t heforesimmenidndseknowiidged jo me thetthey to='tetlsemetrconstderatiun ex seed Given under my hand antl seal of office. this day of _._ .AD 2024 Notary Public, State of Texas Owner and Developer Jose Antonio Rodriguez 16051st Street NE Paris, Texas 75460 (903)495-8367 FINAL PLAT �'�� 9tf W'aa V LOT 1, BLOCK A 1.244 ACRE Item No. 13 Memoran�dum TO: Mayor Mayor Pro Tem City Council FROM: Todd Mittge, City Engineer SUBJECT: Consideration of and action on the Final Plat of The Ranches at Twin Lakes Addition, Lots 1-59, LCAD 71680, 71923, 715679, 70240, and 403541, Located in the ETJ. DATE: September 23, 2024 BACKGROUND The applicant requests approval of a Final Plat in order to subdivide existing lots and develop in the ETJ. The owner is creating 59 lots, approximately 10 Acres each in the subdivision for single family homes. City of Paris is required to consider plats in the ETJ per County Code and our current Subdivision Ordinance. This is being been approved by the PNZ and is being considered concurrently by the County Commissioners Court. RECOMMENDATION Staff recommends approval of the Final Plat with no conditions. --------- --t 7. AND -M. BEFORE HE, . —1 Public M ad fm Lie Stole of T- -1 .tidae —1- ------ --- — --- ----------------- --- _1 21 TM.9 IE Z��EE —E —11— 1a Tore =In= E"Ew—' 4TE :4 5 2 6 —,*T I'll —1 111 DE111 I ,A- — - —1 -­ - . —1 -- . . . ­ld (-1 d-- I 4tl 1, —T I —_ - - ---------------- x' lv'Al Pb"f l'OR Rl:'VlUll NJIF"'Pol";F"',� CiNt-'l, FINAL PLAT THE RANCHES AT TWIN LAKES J. THOMAS SURVEY, ABSTRACT NO. .936 P THO _ MASSU9VEY. ABSTRACT NO. 937 r . LAT 'SlJRVRY, ABSTRACT NO. 533 IMF R AN ADDITION IN THE ETJ OY PARIS. LAMAR COUNTY, TEXAS SHEET 3 OF 3 NIGNWAT 74 1 BY LIVE 012LE PPUCANT TWEN LAKES W. LLC ................ . (Coni u9-I�"zaeRUB°9 Z. -1 A. um tI LOT 56 m.ol ACRES ,I \ 11 LOT 55 10.01 ACNES Id 1 lDT 54 1001 ACRES 5'1 1111 oll 10.01T4. ALRE9 }9��✓ �I i ZNpy ''� . IAT�I \� �� LOT 32✓'_�„L. ' IBA, ACRES ��°` ✓✓ LOTS T oer c,,'"' Lm\` lo.Bl ACR:s _,F .. Ip.BI ACRES ,�"� � ..w .. o F�I� LOT dli� wl 1e.s.r r.+'�,',A'•6 } a'! '^•✓ 10.81 ACRES, XX 6/ r fi \\ \ \\ .✓ TO AI ACRES '— — — \ '3 ✓"') � p'3' "\ Ar"t aAr ",� LIRE „��) � )C �, LOT +I ACRES 10.01 TIE ACRf,N:a°125Or 10.01 S LOT Rs 11 � , I i I�I 10.01T ACRES — ...! 1 fERE NOS �'o'aR�c).B / / y u nuE e� 7., r"'r / u xeo• tt E tseo 5 LOT ] a0[Ili. r � 9eP1 1 LOA T37 "r" 1 1 1? SSrs913 E - ¢ MOT t mow.,, _ ul saslxs eaa �. 4y,G y Jr, L1a N]E383 'W B1 Ll m.0 T I CNEs 1•i �."'q'y"11 4 LT. 513]C50 a ( I30 >4 )a uB"lsar 1�.W %9 BB , S�i q 'r1Y� .F�'/ .L1M1 L9eS450!E ST 199 t r� tY�F:LI 35JOD 05^N 1 1' �O * S e lOT e9 \NY. �y d 1 LPO I ^N SO3 10.01 A[Rf3 it „d A1 L11 sarse 5o'w Imp?,� JE> /E \ ,La] 501•tx aY m,tsQ„1 slxs'. t,oeSSP 7— (rl[Iin�nK MbT x�ce �I� �1vdr�11 / ”,/R3��,LdR"R FJ JAL i:alAA Ct 119 5x 3.59 98 PST3e' 951 35 a91V 119 N C2 65 >D A# Y 39) Ca 9109 _t 49Ve 11 N 599Ry'R 0160 p POC RRO I,vm�E�H SIT A j 2 1ff.e -,C • E5 1013 5 FINAL, PbAT THE RANCHES AT TWIN LAKES J. THOMAS SURVEY, ABSTRACT NO. 936 R. THOMAS SURVEY, ABSTRACT NO. 937 C. LATIMER SURVEY, ABSTRACT NO. 533 AN ADDITION IN THE ETJ OF PARIS. LAMAR COUNTY, TEXAS SHEET 2 OF 3 C CR 21800 A � HIGHWAY �V LI46 TEXAS SURV EVINO LLC eu I 7— AMAGe 1NO I10 LAIS ,���nV e Item No. 14 TO: Mayor, Mayor Pro Tem, and City Council Robert G. Vine, Interim City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: Return of donated funds as provided in the Amendment to Memorandum of Understanding between the City of Paris and the RAM Foundation DATE: September January 22, 2024 BACKGROUND: In December of 2021, the RAM Foundation (RAM) made a sizeable donation of $300,000.00 to the city for the use in the city's HOME program to further RAM'S program of making affordable housing available to the city's residents. In conjunction with that donation, the parties entered into a memorandum of understanding (MOU) which provided that the city would continue its annual funding for the program and would exhaust those budgeted funds prior to accessing the donated funds. The MOU also provided that after the expiration of three years, RAM would be able to review the use of the donated funds, and, if less than half of the funds had been used, recoup all of the unused funds. In January of this year the city and RAM amended the MOU to read in pertinent part: RAM reserves the right to recoup portions of the RAM funds which the City has neither expended nor dedicated to a particular future HOME or HANC project, such recouped funds to be used by RAM for other affordable housing initiatives. In order to exercise this right, RAM shall make written request to the City, and the City shall determine whether unexpended and undedicated funds are available to honor the request. If funds are available, the City shall promptly return the requested funds to RAM. RAM has the right to inquire as to the balance of any donated funds at any time, and the City will respond promptly to any such request. Since the city's acceptance of the donation and the execution of the MOU, the city has not had occasion to tap into the donated funds. At the time the above amendment was approved and executed, RAM requested that the city refund $191,227.84, and the city provided that refund. STATUS OF ISSUE: On September 11, 2024, RAM requested in writing the return of any unexpended and undedicated funds under the terms of the amendment. The remaining balance of the donation is $108,772.16, funds which RAM intends to use in its own housing initiative. BUDGET: No impact. RECOMMENDATION: Approve the refund of funds remaining in RAM's original donation of $300,000.00 in the amount of $108,772.16 in accordance with the January 24, 2024 MOU amendment. RAM FOUNDATION September 11, 2024 City of Paris ATTN: Stephanie Harris 135 SE 1St Street Paris, TX 75460 RE: HOME Program Dear Stephanie: This letter is provided as a written request regarding the Amendment to Memorandum of Understanding dated December 15, 2021, between the City of Paris, Texas and the RAM Foundation and the funds originally submitted to the City. The RAM Foundation would like to formally request the recoupment of all RAM funds which the City has neither expended nor dedicated to a particular future HOME or HANC project. We appreciate your cooperation. Please let me know if you have any questions. Sincerely, Mandeep Chatha-Homer Executive Director PO Box 1339 817-404-2429 2305 Clarksville Street Paris, Texas 75461 director@ramfoundation.net Paris, Texas 75460 AMENDMENT TO MEMORANDUM OF UNDERSTANDING DATED DECEMBER 15, 2021 BETWEEN THE CITY OF PARIS, TEXAS AND THE RAM FOUNDATION WHEREAS, the on or about December 15, 2021, the City of Paris, Texas ("City') and the RAM Foundation (RAMI, collectively referred to as the "Parties," entered into a Memorandum of Understanding (the "MOU") to set forth the terms a of the use of funds to be donated by RAM to the City to assist in alleviating the need for affordable housing within the corporate limits of City; and WHEREAS, to that end, RAM donated the sum of $300,000.00 under the terms and conditions set forth therein to be used by City in the administration of the HOME programs for the provision of affordable -income housing; and WHEREAS, on December 13, 2021, the City Council of the City of Paris, Texas accepted RAM's donation by Resolution No. 2021-049; and WHEREAS, the MOU was a non-binding document setting out the anticipated roles and responsibilities of the Parties to effectuate the intent of the donation from RAM Foundation; and WHEREAS, the MOU provided that RAM could recoup unused portions of the donated funds on or after the third anniversary or the execution of the MOU; and WHEREAS, as of the date of execution of this Amendment, the City has not had cause to draw upon the donated funds; and WHEREAS, the parties have agreed to provide for RAM's recoupment of unused portions of the donated funds for the purposes of its own affordable housing initiatives: THEREFORE, to that end, the Parties hereby agree to amend the MOU (this "Amendment) as follows: Pare�aph 22.1 o is hereb amended to read as follows: 2.1 ... (b) RAM reserves the right to recoup portions of the RAM funds which the City has neither expended nor dedicated to a particular firture HOME or HANC project, such recouped funds to be used by RAM for other affordable housing initiatives. In order to exercise this right, RAM shall make written request to the City, and the City shall determine whether unexpended and undedicated funds are available to honor the request. If funds are available, the City shall promptly return the requested funds to RAM. RAM has the right to inquire as to the balance of any donated fiords at any time, and the City will respond promptly to any such request. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date below their signatures. Foundation Title: Date: City of Paris, Texas 15 By: Grayson Path Title: City anager t Item No. 15 Memorandum TO: Mayor, Mayor Pro -Tem, & City Council FROM: Robert Vine, Interim City Manager SUBJECT: Discuss and Approve Agreement with Executive Search Firm Baker Tilly to conduct a search for a Finance Director DATE: September 23, 2024 BACKGROUND: The City has advertised on its own and contracted with Strategic Government Resources to create an informational brochure and share it with their clients to recruit a Finance Director in anticipation of the retirement of current Finance Director Gene Anderson at the end of this calendar year. These efforts have been unsuccessful to date. STATUS OF ISSUE: The City has contracted with Executive Search Firm Baker Tilly to conduct a search for the position of City Manager and has an opportunity to work with this firm to recruit a Finance Director as well. At the request of Council, Staff has secured a proposal from Baker Tilly for this recruitment effort (See Attachment A). BUDGET: $24,255.00 will be pulled from the General Fund to cover this expense. RECOMMENDATION: Approve the agreement with Executive Search Firm Baker Tilly to conduct a search for a new Finance Director in the amount of $24,255.00. ba arta Baker Tilly Advisory Group, LP 205 N. Michigan Avenue, Suite 2800 Chicago, IL 60601 www.bakertilly.com September 18, 2024 Robert Vine City of Paris, Texas 135 SE 1 st Street Paris, TX 75460 Dear Mr. Vine: This letter agreement (the "Agreement") documents the City of Paris, Texas ("you/r" or "Client") engagement of Baker Tilly Advisory Group, LP ("we" or "Baker Tilly") to conduct an executive search for Finance Director (the "Project"). This Agreement defines the parties' respective obligations for the Project. Scope, Objectives and Approach The scope and phases of this engagement are as follows: ME Phase I Task 1_7 Develop the candidate profile and define the advertising and marketing T! strategy. Task 2 — Identify qualified candidates that meet the profile. Phase Task 3 — Screen and submit Task 4 — Conduct reference list of recommended and dsemifinalists to client. hse II academic verifications. A criminal and/or credit history report may also be conducted at this Phase or at the conclusion of Phase III, as specified by you. Phase III Task 5 — Final process/on-site interviews with finalists. Task 6 — Assist Client in making offer, which may be made contingent upon the successful completion of a background check as specified by you. Conclusion Acceptance of offer by candidate. Project Timing and Budget The Project will commence upon your execution of this Agreement and will remain in effect for the period necessary for successful completion of the Project. 1. Edward Williams will lead the Project, and other professionals will be involved as required. The all-inclusive professional fee to complete the Project is $24,255 (the "Fee") and includes the cost of professional services by the Project Team Leader and the project support staff, and all project -related expenses such as advertising, candidate background and reference checks, and travel expenses for on-site visits by the Project Team Leader. Travel expenses incurred by candidates for on-site interviews with the Client are not Baker Tilly US, LLP and Baker Tilly Advisory Group, LP, trading as Baker Tilly, operate under an alternative practice structure and are members of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. 2024 Baker Tilly Advisory Group, LP the responsibility of Baker Tilly and shall be handled directly by the Client. The Client will make payments upon receipt of an invoice submitted by Baker Tilly. Payment to Baker Tilly is due upon receipt. All invoices will be forwarded to the Client for processing unless otherwise directed. For reporting purposes, Baker Tilly's tax identification number is 99-1405547. 2. The Fee will be billed in four installments; 30% of the Fee will be billed upon execution of this Letter; 30% at the implementation of Phase I; 30% at the implementation of Phase Il; and the final 10% upon acceptance of offer by the candidate. The Fee is not contingent. If you terminate this engagement before completion, Baker Tilly shall invoice you for any unpaid portion of the Fee. 3. If Client requests Baker Tilly to perform additional services beyond the services described above, such as conducting an employee/community survey or making additional on-site visits, such additional services shall result in additional fees. For an employee/community survey, the additional fee shall be $1650. For additional on-site visits (beyond the three on-site visits which include four consulting days) described above, the additional fee would be an hourly rate of $300 plus expenses. Client's Obligations 1. You agree that you are responsible for candidate selections and that you will not discriminate against any candidate on the basis of age, race, creed, color, religion, sex, sexual orientation, national origin, disability, marital status or any other basis that is prohibited by federal, state or local law. 2. If you decide to not hire a candidate as a result of a criminal or credit history report, you agree to comply with the FCRA with regard to any pre- or post -adverse action notices and requirements. 3. You agree to respond to drafts of documents and reports in a timely manner. Failure to do so on your part will protract timelines and can negatively influence the outcome of the process. Management's Responsibilities It is understood that Baker Tilly will serve in an advisory capacity with Client. The Client is responsible for management decisions and functions, and for designating an individual with suitable skill, knowledge or experience to oversee the services we provide. The Client is responsible for evaluating the adequacy and results of the services performed and accepting responsibility for such services. The Client is responsible for establishing and maintaining internal controls, including monitoring ongoing activities. The procedures we perform in our engagement will be heavily influenced by the representations that we receive from Client personnel. Accordingly, false representations could cause material errors to go undetected. The Client, therefore, agrees that Baker Tilly will have no liability in connection with claims based upon a failure to detect material errors resulting from false representations made to us by any Client personnel and our failure to provide an acceptable level of service due to those false representations. The ability to provide services according to timelines established and at fees indicated will rely in part on receiving timely responses from the Client. The Client will provide information and responses to deliverables within the timeframes established in this Agreement unless subsequently agreed otherwise in writing. The responsibility for auditing the records of Client rests with the Client's separately retained auditor and the work performed by Baker Tilly shall not include an audit or review of the records or the expression of an opinion on financial data. The executive search for the Financial Director is considered a non -attest service. As a part of this service, we will not perform any management functions or make management decisions on your behalf. Baker Tilly US, LLP and Baker Tilly Advisory Group, LP, trading as Baker Tilly, operate under an alternative practice structure and are members of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. 2024 Baker Tilly Advisory Group, LP In connection with our performance of this non -attest service, you agree that you will: Continue to make all management decisions and perform all management functions. Designate an employee with suitable skill, knowledge, and / or experience, preferably within senior management, to oversee the services we perform. - Evaluate the adequacy and results of our non -attest services. Establish and maintain internal controls, including monitoring ongoing activities related to the non -attest function. Terms and Conditions 1. To the extent allowed under applicable law, the aggregate liability (including attorney's fees and all other costs) of either party and its present or former partners, principals, agents or employees to the other party related to the services performed under this Agreement shall not exceed the fees paid to Baker Tilly under the portion of this Agreement to which the claim relates, except to the extent finally determined to have resulted from the gross negligence, willful misconduct or fraudulent behavior of the at -fault party. Additionally, in no event shall either party be liable for any lost profits, lost business opportunity, lost data, consequential, special, incidental, exemplary or punitive damages, delays or interruptions arising out of or related to this Agreement even if the other party has been advised of the possibility of such damages. 2. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement. 3. Neither this Agreement nor any rights or obligations hereunder shall be assigned or delegated by Baker Tilly without your prior written consent. This Agreement shall be modified only by a written agreement duly executed by you and Baker Tilly. Should any of the provisions hereunder be found to be invalid, void, or voidable by a court, the remaining provisions shall remain in full force and effect. Notwithstanding the foregoing, Baker Tilly may assign and transfer this Agreement to any successor that acquires all or substantially all of the business or assets of Baker Tilly by way of merger, consolidation, other business reorganization, or the sale of interests or assets. 4. Copies of all hard copy documents associated with the recruitment will be retained for three (3) years from the anniversary date of the hiring of the candidate. Retention of records beyond three (3) years must be requested in writing before the conclusion of the Project. 5. Baker Tilly US, LLP and Baker Tilly Advisory Group, LP and its subsidiary entities provide professional services through an alternative practice structure in accordance with the AICPA Code of Professional Conduct and applicable laws, regulations and professional standards. Baker Tilly US, LLP is a licensed independent CPA firm that provides attest services to clients. Baker Tilly Advisory Group, LP and its subsidiary entities provide tax and business advisory services to their clients. Baker Tilly Advisory Group, LP and its subsidiary entities are not licensed CPA firms. Baker Tilly Advisory Group, LP and its subsidiaries and Baker Tilly US, LLP are independent members of Baker Tilly International. Baker Tilly International Limited is an English company. Baker Tilly International provides no professional services to clients. Each member firm is a separate and independent legal entity and each describes itself as such. Baker Tilly Advisory Group, LP and Baker Tilly US, LLP are not Baker Tilly International's agents and do not have the authority to bind Baker Tilly International or act on Baker Tilly International's behalf. None of Baker Tilly International, Baker Tilly Advisory Group, LP, Baker Tilly US, LLP, nor any of the other member firms of Baker Tilly International has any liability for each other's acts or omissions. The name Baker Tilly and its associated logo is used under license from Baker Tilly International Limited. 6. FORM 1295: Baker Tilly, 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 .. 7. MANDATORY ANTI -DISCRIMINATION AND OTHER PROVISIONS: Baker Tilly acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to Section Baker Tilly US, LLP and Baker Tilly Advisory Group, LP, trading as Baker Tilly, operate under an alternative practice structure and are members of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. 2024 Baker Tilly Advisory Group, LP 2271.002 of the Texas Government Code, Baker Tilly 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. Baker Tilly acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to SB 13, 87th Texas Legislature, Baker Tilly 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. Baker Tilly acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to SB 19, 87th Texas Legislature, Baker Tilly 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. Baker Tilly acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Baker Tilly certifies that Baker Tilly is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Baker Tilly acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Acknowledgment If this Agreement correctly sets forth your understanding, please sign below and return one copy to us for our files. We look forward to working with you on this important project. Sincerely, Anne Lewis I Managing Director Client Signature: Name: Title: Date: Baker Tilly US, LLP and Baker Tilly Advisory Group, LP, trading as Baker Tilly, operate under an alternative practice structure and are members of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. 2024 Baker Tilly Advisory Group, LP Item No. 16 VATY , 17 mo � M To: Mayor, Mayor Pro -Tem & City Council FROM: Interim City Manager Robert G. Vine SUBJECT: Receive Presentation on the transition to CARDS for the Commercial Solid Waste Services and Discuss DATE: September 23, 2024 BACKGROUND: On September 20, 2023, the City entered into a Municipal Solid Waste Collection, Transportation and Disposal Contract (for residential and commercial) with CARDS. This agreement listed CARDS as the sole residential collector of solid waste beginning February 1, 2024, and designated them as the sole commercial collector beginning on September 1, 2024. STATUS OF ISSUE: CARDS is in the process of establishing their commercial services per the agreement and will provide an update on their progress. This item also includes an opportunity for Council Members to discuss the transition, ask questions of the CARDS representative, address concerns, and share information related to commercial collection for the purpose of obtaining the expected level of service outlined in the initial agreement. BUDGET: Discussion Only RECOMMENDATION: Presentation and discussion only. Item No. 17 M ,, . _rR#T.. rii TO: Mayor, Mayor Pro Tem, and City Council Robert G. Vine, Interim City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: Amendment of Tax Abatement Agreement dated June 27, 2002 between the City and Lionshead Paris, LLC DATE: September 23, 2024 BACKGROUND: The City entered into a Tax Abatement Agreement (the "Agreement") with Lionshead Paris, LLC (the "Owner") on June 27, 2022. Under the terms of the Agreement, the City grants the Owner a seven year de-escalating tax abatement on a $20,000,000.00 investment in the construction of a manufacturing and distribution facility for the assembly and distribution of tire and wheel assemblies. Owner also pledged to create 15 full-time equivalent positions. The Agreement specifies that the improvements were to be completed by December 31, 2023. STATUS OF ISSUE: The owner has requested an extension of the completion deadline from December 31, 2023 to December 31, 2024. As of this writing, the improvements are substantially complete. BUDGET: No impact. RECOMMENDATION: Move to adopt a resolution approving an amendment to the Tax Abatement Agreement with Lionshead Paris, LLC extending the completion of improvements date to December 31, 2024. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND AUTHORIZING AN AMENDMENT TO A TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF PARIS AND LIONSHEAD PARIS, LLC; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of January, 2022, in Resolution No. 2022-002, elect to be eligible to participate in tax abatement agreements in order to maintain and enhance the commercial and industrial economic and employment base of the Paris area for the long term interest and benefit of the City and its citizens; and, WHEREAS, the City Council readopted said guidelines on January 8, 2024 in Resolution No. 2024-001; and WHEREAS, on or about June 27, 2022, the City entered into a Tax Abatement Agreement (Agreement) with Lionshead Paris, LLC ("Owner") pursuant to its authority under Chapter 212 of the Texas Tax Code; and WHEREAS, said Agreement provides a deadline of December 31, 2023 for Owner to complete of the improvements set forth therein; and WHEREAS, Owner has requested an extension of said deadline until December 31, 2024;and WHEREAS, the Owner has substantially completed said improvements; and WHEREAS, the City Council finds that it is in the best interest of the city and its citizens to amend the Agreement to provide said extension; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved and are incorporated herein for all purposes. Section 2. That the terms of the Amendment to the Tax Abatement Agreement between the city and Lionshead Paris, LLC and the property the subject thereof meet the City's Guidelines and Criteria for Tax Abatement adopted by the City of Paris by Resolution No. 2024-001 and will lead to the economic development of the Enterprise Zone. Section 3. That the terms and conditions of the proposed Amendment attached hereto as Exhibit A, having been reviewed by the City Council of the City of Paris and found to be acceptable and in the best interests of the City of Paris and its citizens, be, and the same are hereby, in all things approved. Section 4. That the • is hereby authorized to execute the Amendment and all other documents in connection therewith on behalf of the City of Paris substantially ric r4e te-r-tisg-id co-tiditio-ts set forth in the Agreement attached hereto as Exhibil Section 5. That the planned use of the property the subject of the amendment will not constitute a hazard to public safety, health, or morals. Section 6. That this approval and execution of the Amendment on behalf of the City is not conditioned upon approval and execution of any other tax abatement agreemen-o • any other taxing entity. Mijir Pankaj, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Exhibit A STATE OF TEXAS COUNTY OF LAMAR AMENDMENT TO TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND LIONSHEAD PARIS, LLC DATED JUNE 27, 2022 This Amendment (the "Amendment") to a Tax Abatement Agreement (the "Agreement") to a tax abatement granted by the City Council of the City of Pairs is entered into by and between the CITY OF PARIS, TEXAS, a municipal corporation, situated in Lamar County, Texas, acting by and through its authorized officer whose signature appears below (hereinafter called "City"), and LIONSHEAD PARIS, LLC, acting by and through its authorized officer whose signature appears below (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, the City Council of the City of Paris, Texas did heretofore, on the 27th day of June, 2022, in Resolution No. 2022-047 grant to Owner the Agreement attached hereto as Exhibit A and attached hereto by reference as if fully set forth herein; and, WHEREAS, Owner has requested an extension of the deadline to complete the Improvements required therein; WHEREAS, construction of the Improvements is substantially complete; and WHEREAS, the City Council finds that it is in the best interest of the City of Paris and its citizens to extend deadline by which Owner must complete all Improvements from December 31, 2023 to December 31, 2024 and to extend the Abatement Period so as provide owner with the full Abatement Period contemplated in the Agreement; NOW, THEREFORE, pursuant to Chapter 312 of the Texas Tax Code and the Guidelines and Criteria for Tax Abatement adopted in Resolution No. 2022-002, the parties hereto do mutually contract and agree as follows: Section 1.1 of the Agreement shall be amended to read as follows: 1.1 The effective date of this Agreement is the 27th day of June 2022, with the tax abatement being effective from and after January 1, 2024 2025. or January 1St of the year immediately following the completion of construction, and terminating on December 31, 2030 2031 (an abatement period of seven (7) years (the "Abatement Period")). Said Abatement Period will terminate on December 31, 2938 2031, regardless of when Owner completes the Improvements described in Sections II and III herein below. Section 10.1 and 10.2 of the Agreement shall be amended to read as follows; 10.1 Initial Report: The Owner further agrees that it will, by April 15, 2024 2025, provide the City with a sworn report, written on Owner's letterhead and signed by a designated representative of Owner, which contains the following information relating to the improvements completed in the year 2023 2024: (a) A copy of the printout from the Lamar County Appraisal District showing the market value of the Property as of January 1, 2022, prior to the construction of the Improvements; (b) Detailed description of the Improvements; (c) A detailed description of any miscellaneous items of office equipment and the actual cost of such added office equipment; (d) A copy of or identification of plans and specifications of constructed improvements and the location of the same for inspection by City's certification team; (e) A detailed list of and the actual cost of added machinery and equipment; (f) The actual cost of capital Improvements; and, (g) The date of substantial completion of the Improvements as defined in paragraph 3.1 hereof. 10.2 Annual Report on Compliance for Each Year of the Abatement Period: In addition to the report required in Paragraph 10.1 hereinabove, Owner further agrees that by April 15th of each year of this Agreement beginning in the year 2025 2026, it will provide the City with an annual sworn report which shall certify, in writing, that it is in compliance with each applicable term of this Agreement. Such annual report shall be furnished in the form attached hereto asi it 5 and incorporated herein by reference and shall reflect the prior fiscal year. Owner shall attach thereto copies of the employer reference summary page of its Texas Workforce Commission Employer's Quarterly Reports for the calendar year immediately preceding the date of the annual report required by this section, and the report shall contain a sworn statement signed by the Plant Manager or an Officer of the Company certifying that the information provided in the summary page is a true and valid report filed with the Texas Workforce Commission. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment effective as of the date set forth below. WITNESS our hands this — day of 2024. THE CITY OF PARIS, TEXAS By .._. Mihir Pankal,......._....._� �. Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney LIONSHEAD PARIS, LLC 2 ATTEST: Title: Date: STATE OF TEXAS COUNTY OF LAMAR TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the "Agreement") is entered into by and between the CITY OF PARIS, TEXAS, a municipal corporation, situated in Lamar County, Texas, acting by and through its authorized officer whose signature appears below (hereinafter called "City"), and LIONSHEAD PARIS, LLC, acting by and through its authorized officer whose signature appears below (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of January, 2022, in Resolution No. 2022-002, elect to be eligible to participate in tax abatement agreements in order to maintain and enhance the commercial and industrial economic and employment base of the Paris area for the long term interest and benefit of the City and its citizens; and, WHEREAS, under the Texas Enterprise Zone Act (Texas Government Code Chapter 2303), and the Redevelopment and Tax Abatement Act (Texas Tax Code Sec. 312.2011) the designation of an area as an Enterprise Zone also constitutes designation of the area as a reinvestment zone (the "Reinvestment Zone"); and WHEREAS, pursuant to the 2020 Census, the Property within City of Paris, Lamar County, Texas, is included within an Enterprise Zone, as is shown in the print-out from the Office of the Governor of the State of Texas on its website in Exhibit IL attached hereto and made a part hereof for all purposes; and WHEREAS, Owner has agreed to make the Improvements specified herein, said Improvements related to the construction of a manufacturing and warehousing facility for the assembly and distribution of tires and wheel assemblies; and WHEREAS, the Owner has agreed to create and maintain at least fifteen (15) full-time equivalent employment positions; and WHEREAS, the contemplated use of the Improvements as hereinafter defined, in the amount as set forth in this Agreement upon and within the Property, and the other terms hereof are consistent with encouraging development of said Enterprise Zone in accordance with the purposes for which it was created and are in compliance with the City's policy on tax abatement incentives and the ordinance creating such Enterprise Zone adopted by the City and all applicable laws; and NOW, THEREFORE, pursuant to Chapter 312 of the Texas Tax Code and the Guidelines and Criteria for Tax Abatement adopted in Resolution No. 2020-002, the parties hereto do mutually contract and agree as follows: 0 W rrA-"111Y.t 2030 (an �batement period of seven (7) years (the "Abatement Period")). Said Abatement Period will terminate on December 31, 2030, regardless of when Owner completes the Improvements described in Sections 11 and III herein below IL The "Property" - Area to be Improved 2.1 The Improvements defined in paragraph III below and made the subject of t Agreement shall be located on the Property located in Paris, Lamar County, Texas Plant ar described in Exhibit 2. attached hereto and incorporated herein by reference, whi Property is within the Enterprise Zone. I 3.1 The Owner shall construct and operate an assembling andwarehousing plant including approximately 120,000 square feet under roof to be used in its business of assembling tire and wheel assemblies (herein called the "Improvements") at the Property located in Paris, Lamar County, Texas, which Improvements are more particularly described cff—A.Aarter n-offf-Wt-sA== oil1 (41 L Me bildil EM UUMPIMeLl PFLUF LU JWMVM�-�,=,TT!Mv said improvements shall be described in the City's Certificates of Completion defined in Section X, "Reporting Requirements." For the purposes of the default provision of this Tax Abatement Agreement (Section V), the Improvements will be deemed completed upon the issuance by the City of Certificates of Occupancy for the structures included in the Improvements, Once Owner has applied for said Certificates of Occupancy, the City shall not unreasonably delay the issuance of same. Notwithstanding the foregoing, however, Owner shall have such additional time to complete the Improvements as may be required in the event of "force majeure" if Owner is diligently and faithfully pursuing completion of the Improvements. For this purpose, "force majeure" shall mean any contingency or cause beyond the reasonable control of Owner including, without limitation, acts of God, any natural disaster, war, riot civil commotion, insurrection, governmental or de facto governmental action unless caused by acts or omissions of Owner, fires, explosions, accidents, floods, and labor disputes or strikes. 3.2 The Owner agrees and covenants that it will diligently and faithfully, in a go and workmanlike manner, pursue the completion of the Improvements. As good a valuable consideration for this Agreement, Owner further covenants and agrees that construction of the Improvements will be in accordance with all applicable state and local laws, codes, and regulations, or Owner will procure a valid waiver thereof. In further consideration, Owner shall thereafter, from the date a Certificates of Occupancy for the structures on the Property are issued or the Improvements are completed as agreed until the expiration of this Agreement, continuously operate and maintain the Property and the Improvements as a tire and wheel assembly and warehousing plant. IV. Consideration Jobs 4.1 The City has provided in its Guidelines and Criteria for Tax Abatements, that in order to be eligible for a tax abatement, a new employer must make a minimal capital investment of $1,000,000.00 and create at least ten (10) new jobs. Owner herein has committed to a minimum investment of $20,000,000.00, and has committed to creating at least fifteen (15) and up to forty (40) new full-time equivalent with benefits positions with an estimated direct payroll of approximately TWO MILLION AND NO/100 DOLLARS ($2,000,000.00). These fifteen (15) full-time equivalent with benefits positions shall be created and staffed within one (1) year of the City's issuance of the Certificate of Occupancy. 4.2 In order to qualify for the tax abatement provided for herein, Owner must both create said fifteen (15) full-time equivalent positions according to the above schedule and retain those positions throughout the remaining years of the abatement period. V. Default 5.1 In the event that (a) the Improvements for which an abatement has been granted are not completed in accordance with this Agreement or the expenditure for the Improvements does not meet the amount required herein; or (b) Owner allows its ad valorem taxes owed the City to become delinquent and fails to timely and properly follow the legal procedures for protest or contest of any such ad valorem taxes; or (c) Owner fails to create and retain the required full-time equivalent positions set forth herein and on the schedule set forth herein; or (d) Owner materially breaches any of the other terms and conditions of this Agreement, then this Agreement shall be in default. In the event the Owner defaults in its performance of either (a), (b), (c), or (d) above, the City shall give the Owner written notice of such default. If the Owner has not cured such default within sixty (60) days of said written notice, this Agreement may be modified.or terminated by the City. Notice shall be in accordance with paragraph 13.3. As damages in the event of default, in accordance with the requirements of Section 312.205 (a)(4) of the Tax Code of the State of Texas, all taxes which otherwise would have been paid to the City without the benefit of abatement, together with interest to be charged at the statutory rate for delinquent taxes a determined by Section 33.01 of the Tax Code of the State of Texas, with all penalties permitted by the Property Redevelopment and Tax Abatement Act and the Tax Code of the State of Texas, shall be recaptured and will become a debt to the City and shall be due, owning, and paid to the City within sixty (60) days of the expiration of the above-mentioned applicable cure period 3 as the sole remedy of the City, subject to any and all lawful offsets, settlements, deductions, or credits to which Owner may be entitled. VI. Tax Abatement 6.1 Subject to the terms and conditions of this Agreement, and subject to the rights and holders of any outstanding bonds of the City, a portion of ad valorem Property taxes from the Property otherwise owed to the City shall be abated. Said abatement shall be an amount equal to the following percentages of the taxes assessed upon the increased value of the Improvements made by Owner to the Property described in Section III of this Agreement, over the value in the year which this Agreement is executed (the "Base Value"), in accordance with the terms of this Agreement and all applicable state and local regulations or valid waivers thereof, provided that the Owner shall have the right to protest or contest any assessment of the Property and said abatement shall be applied to the amount of taxes finally determined to be due as a result of any such protest or contest; Year 1 100% Year 2 100% Year 3 75% Year 4 75% Year 5 50% Year 6 50% Year 7 25% For the purposes of this Agreement, the Base Value of the existing real property shall be deemed to be the value as shown on the tax rolls of the Lamar County Appraisal District as of January 1, 2022. 6.2 The abatement granted herein shall be subject to and governed by the Criteria and Guidelines for Tax Abatement, a copy of which is attached hereto as Exhibit .4....and incorporated herein by reference, save and except that, in the event of a conflict between the requirements of Ex Ibit4 and this Agreement, this Agreement shall control. 6.3 Owner covenants and agrees that subsequent to the date of this Agreement, any application by Owner for a new tax abatement for equipment or real property located within the Property and the Enterprise Zone applicable to this Agreement shall be subject to and governed by the City's Criteria and Guidelines for Tax Abatement in effect at the time of the new application. VII. No Conflict of Interest 7.1 The Owner represents and warrants that the Property does not include any Property that is owned or leased by a member of the Planning and Zoning Commission of the 4 City of Paris, nor by a member of the City Council approving, or having responsibility for the approval of, this Agreement. VIII. Conditions 8.1 The terms and conditions of this Agreement are binding upon and enforceable against and with respect to the successors and assigns of all parties hereto. 8.2 It is understood and agreed between the parties that the Owner, in performing its obligations hereunder, is acting independently; the City assumes no responsibility or liability in connection therewith to third parties; and Owner agrees to indemnify and hold the City harmless therefrom. It is further understood and agreed among the parties that the City, in performing its obligations hereunder, is acting independently; the Owner assumes no responsibility or liability in connection therewith to third parties; and, to the extent permissible by law, the City agrees to indemnify and hold harmless the Owner therefrom. IX. Compliance Provisions 9.1 Civ s Richt of Access to Records: The Owner agrees that the City, its agents and employees, shall have the reasonable right of access to records concerning the Owner's investment in the Improvements for the purpose of conducting an audit of the Project Improvements and Project costs. Any such audit shall be made only after giving the Owner at least fourteen (14) days advance written notice and will be conducted in such a manner as to not unreasonably interfere with the operation of the facility. Upon request, the Owner will provide the City with a detailed Asset Report with•an itemized list of assets placed into service from the date of execution of this Agreement to the date of completion. The Asset Report will provide for each asset a unique serial and/or other identification number (if available), the date on which the asset was capitalized, the acquisition amount, and the accumulated depreciation amount. At the City's request, the Owner will provide actual invoices to support the amounts shown on the Asset Report. 9.2 Cm's Rights of Access to Property: The Owner further agrees that the City, its agents and employees, shall have reasonable right of access to the Property to inspect the Improvements in order to insure that the construction of the improvements is in accordance with this Agreement and all applicable state and local laws and regulations or valid waiver thereof. After completion of the Improvements, the City shall have the continuing right to inspect the Property to insure that it is thereafter maintained and operated in accordance with the Agreement during the term of the Agreement. All inspections will be made only after giving the Owner written notice at least seventy-two (72) hours in advance, and such inspections shall be conducted in such a manner so as not to interfere with the operation of the facility. Representatives of the City inspecting the Property and Improvements shall be accompanied and by one (1) or more representatives of the Owner and shall sign an Agreement promising to maintain the confidentiality of any information they obtain in connection therewith except for the purposes of assessing and collecting ad valorem taxes and verifying or enforcing compliance with this Agreement, or as otherwise required by lai2 Said representative shall also be required to observe any facility rule and regu ad he ,I Pri rWein shall be construed as limitin Isms wN son 4 sunwag Irgi 11 1111 . I I 10.1 Initial RgUgM The Owner further agrees that it will, by April 15, 2024; provide the City with a sworn report, written on Owner's letterhead and signed by 499!g2ii re7)i:P-sP-x�-21hw *N, -w-kP-.rA0d6j in UJ* the improvements completed in the year 2023: (a) A copy of the printout from the Lamar County Appraisal District showing the market value of the Property as of January 1, 2022, prior to the construction of the Improvements; tb) Detailed description of the Improvement?, c) A detailed description of any miscellaneous items of office equipment anl, the actual cost of such added office equipment; (d) A copy of or identification of plans and specifications of constructed improvements and the location of the same for inspection by City's certification team; (e) A detailed list of and the actual cost of added machinery and equipment; (f) The actual cost of capital Improvements; and, (g) The date of substantial completion of the Improvements as defined in paragraph 3.1 hereof. turnisned in e 5 in and shall reflect the prior fiscal year, Owner shall attach thereto copies of the employer reference summary page of its Texas Workforce Commission Employer's Quarterly Reports for the calendar year immediately preceding the date of the annual report 'A -f� U 5R.- it 1"*6�iiiii lorl,?, ---4 tatem—e—n—ts—i G,�ned-bv, th e Plant Manager or an Officer of the Company certifying that the information provided in the summary page is a true and valid report filed with the Texas Workforce Commission. 10.3 The reporting requirements and deadlines set forth herein are an integral and material part of this Agreement, and Owner acknowledges that failure to timely submit any report or sworn statement required herein is a breach and default of this Agreement as set forth hereinabove. Owner further agrees to timely submit said reports and/or sworn statements without prompting by the City. 10.4 Owner shall submit all compliance reports required to by this section via certified mail, return receipt requested, to: City of Paris c/o Office of the City Attorney P.O. Box 9037 Paris, Texas 75461-9037 Alternatively, said reports may be delivered personally to the Office of the City Attorney at 135 SE 1st St., Paris, Texas 75460. Xl. City's Certificate of Completion 11.1 Within thirty (30) days of receipt of each Annual Report on Improvements required by paragraph 10.1 hereinabove, or as soon thereafter as practicable should the City require additional information from the Owner, the City shall: (a) review same for compliance with the terms of this Agreement; (b) verify that the Improvements identified in the Report and required by the terms of this Agreement have been completed; (c) and, if the required Improvements have been made, deliver a Certificate of Completion in the forms attached hereto as EXh hi o and executed by the Mayor to the Chief Appraiser of the Lamar County Appraisal District. The City shall attach to said Certificate of Completion a copy of the information provided by Owner in its Annual Report on Improvements as an identification of the Improvements upon which the tax abatement is to be granted. 11.2 In the event that the City requires additional information in order to conduct the review and verification contemplated by paragraph 11.1 hereinabove, the City shall notify the Owner of same as soon as is practicable, but no later than thirty (30) days after receipt of the Annual Report on Improvements. 11.3 Nothing in this section shall prohibit the City from exercising its right to declare Owner in default or Owner's right to cure same in accordance with the terms of Section V hereinabove. N 12.1 This Agreement was authorized by resolution of the City Council at iu, the Agreement on behalf of the City. 12.2 This Agreement was entered into by Lionshead Paris, LLC pursuant to the authority granted to the authorized official whose signature appears below. 12.3 This Agreement shall constitute a valid and binding Agreement between the City and Owner when executed in accordance herewith, regardless of whether any other taxing unit executes a similar Agreement for tax abatement. awj' V1 ILS COnUiLlOnS UF LU uniF Lne ULJ Uj' MaK111j; any promise or representation not contained herein. 13.2 This Agreement, except by operation of law, shall not be assigned or transferred by Owner, without the prior written consent of City, which consent shall be a -v the sole discretion of the City. 13.3 Any written notice required or permitted under the terms of this Agreement shall be given and be deemed to have been duly served if either (1) delivered in person, 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: OWNER: Lionshead Paris, LLC M6- 305 Steury Ave. Goshen, IN 46528 0 CITY: CITY OF PARIS, TEXAS Attn: City Manager P.O. Box 9037 Paris, TX 75461-9037 With a copy to: City Clerk, City of Paris, Texas (address same as above) City Attorney, City of Paris, Texas (address same as above) 13.4 If any term or provision of this Agreement shall be declared unconstitutional or void by any court of competent jurisdiction, the constitutionality and validity of the remainder of said Agreement shall not be affected thereby, and to this end the terms and provisions of this Agreement are declared to be severable. 13.5 This Agreement sets forth the entire understanding between the parties, and any other understandings or agreements shall be canceled and superseded by this Agreement upon the date of execution hereof. None of the terms of this Agreement shall be waived, discharged, altered or modified in any respect, except by an Agreement in writing signed by both parties and specifically referring to this Agreement. The captions in this Agreement are included for convenience only and shall not be taken into consideration in any construction or interpretation of this Agreement or any of its provisions. This Agreement is performable in Lamar County, Texas, and shall be governed by, construed and enforced in accordance with the laws of the State of Texas. The provisions of this Agreement shall apply to, bind and inure to the benefit of the City, Owner, and their respective successors, and permitted assigns, if any. 13.6 Venue for any actions arising under this Agreement shall lie exclusively in the courts of Lamar County, Texas for any State Court action, and in the U.S. District Court for the Eastern District of Texas for any federal court action. 13.7 Owner and the City have both contributed to the drafting of this Agreement, and no ambiguity, if any, contained in this Agreement shall be construed against either party. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the date set forth below. WITNESS our hands this day of 2022. THE CITY OF PARIS, TEXAS Mayor V1 ATTEST: ce Ellis, City Clerk APPROVED AS TO FORM: ........................................... . Step B :nie H. Harris, City Attorney LIONSHEAD PARIS, LLC Title: ATTEST: Title: 10 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney LIONSHEAD PARIS, LLC By: Date: .M�.° ,f ATTR ",ST Title: 10 LIST OF EXHIBITS: 2020 Designation of Enterprise Zone which includes the Property 2. Map of the Property and Property Description 3. Description of Improvements 4. Resolution No. 2022-002; Criteria and Guidelines for Tax Abatement 5. FORM: Certificate of Completion 6. FORMS; Certificates of Compliance 11 WWI 1. 2020 Designation of Enterprise Zone which includes the Property 2. Map of the Property and Property Description 3. Description of Improvements 4. Resolution No. 2022-002; Criteria and Guidelines for Tax Abatement 5. FORM: Certificate of Completion 6. FORMS: Certificates of Compliance IF N .L cc CL nm ^W^ ♦i �YrJ L 0 1 1 N c 0 N N �L i N c W Wl0 L H io Field Notes Being a 19.58 acre tract of land in the Francis Morrison Survey, Abstract No. 592 and the John Herrington Survey, Abstract No. 436, in the City of Paris, Lamar County, Texas; being all of the former Lot 1, Block A of Northwest Paris Industrial Park, as recorded in Envelope 386-C, L.C.P.R.; and being part of that certain tract of land described in deed to Paris Economic Development Corporation, dated November 18, 2003, recorded in Vol. 1403, Pg. 53, L.C.O.P.R, said 19.58 acre tract of land is more particularly described by metes and bounds as follows: BEGINNING at a 1/2 -inch iron rod with cap found in the south right-of-way line of Loop Highway 286 (width varies according to Vol. 36I, Pg. 157 and Vol. 557, Pg. 643, L.C.D.R.) for the northwest corner of Lot 2 of said Block A and the most northerly northeast corner of the herein described tract, from which a 1/2 -inch iron rod with cap found in the south right-of-way line of Loop Highway 286 for an angle point in the north boundary line of said Lot 2 bears North 71 deg. 22 min. 13 sec., a distance of 175.65 feet; 1.) THENCE South 22 deg. 09 min. 59 sec. East, along the west boundary line of said Lot 2, a distance of337.75 feet to a 1/2 -inch iron rod with cap found for the southwest corner of said Lot 2; 2.) THENCE North 68 deg. 59 min. 47 sec. East, along the south boundary line of said Lot 2, a distance of 215.09 feet to a 1/2 -inch iron rod with cap found in a curve to the right in the west right-of-way line of 30th Street NW (80 feet wide according to Env. 386-C, L.C.P.R.) for the southeast corner of said Lot 2' 3.) THENCE along the west right-of-way line of 30th Street NW as follows: with said curve to the right having a radius of 915.00 feet, a central angle of 26 deg. 51 min. 10 sec., an are length of 428.83 feet, and a chord that bears South 17 deg. 21 min. 51 sec. West, a distance of 424.92 feet to a 1/2 -inch iron rod with cap found for the end of said curve to the right; South 30 deg. 49 min. 42 sec. West, a distance of 22.81feet to a 1/2 -inch iron rod with cap found for the beginning of a curve to the left; with said curve to the left having a radius of 1030.00 feet, a central angle of 18 deg. 07 min. 28 sec., an arc length of 325.82 feet, and a chord that bears South 21 deg. 42 min. 43 sec. West, a distance of 324.46 feet to a 1/2 -inch iron rod with cap found for the end of said curve to the left and the beginning of a curve to the right; with said curve to the right having a radius of 14.00 feet, a central angle of 89 deg. 22 min. 15 sec, an are length of 21.84 feet, and a chord that bears South 56 deg. 56 min. 07 sec. West, a distance of 19.6 feet to a 1/2 -inch iron rod with cap found in the north right-of-way line of Park Street (80.00 feet wide at this point according to Env. 386-C, L.C.P.R.); 4.) THENCE North 77 deg. 39 min. 34 sec. West, along the north right-of-way line of Park Street, a distance of35.95 feet to a 1/2 -inch iron rod with cap found for an interior corner of Northwest Paris Industrial Park; 5.) THENCE along the most westerly south boundary line of Northwest Paris Industrial Park as follows: North 76 deg. 48 min. 33 sec. West, a distance of 83.99 feet to a 1/2 -inch iron rod with cap found for the beginning of a curve to the left; with said curve to the left having a radius of 2240.00 feet, a central angle of 15 deg. 56 min. 17 sec., an arc length of 623.11 feet, and a chord that bears North 84 deg. 36 min. 51 sec. West, a distance of 62 1. 10 feet to a 1/2 -inch iron rod with cap found for the end of said curve to the left; South 87 deg. 25 min. 49 sec. West, a distance of 126.44 feet to a found 1/2 -inch iron rod with cap; North 85 deg, 54 min. I 1 sec. West, a distance of 100.12 feet to a found 1/2 -inch iron rod with cap; North 89 deg. 38 min. 23 sec. West, a distance of 127.67 feet to a 1/2 -inch iron rod with cap found in the monumented east right-of-way line of 34th Street NW (monumented width varies; no dedication found) for the southwest corner of Northwest Paris Industrial Park; 6.) THENCE along the monumented east right-of-way line of 34th Street NW and the west boundary line of Northwest Paris Industrial Park as follows: North 02 deg. 39 min. 40 sec. East, a distance of 266.74 feet to a found 1/2 -inch iron rod; North 01 deg. 50 min. 56 sec. East, a distance of 110.98 feetto a point in a curve to the right in the south right-of-way line of Loop Highway 286 for the northwest comer of said Block A, from which a found 1/2 -inch iron rod with cap bears South 01 deg. 50 min. 56 sec. West, distance of 0,29 feet, and a TxDOT Type I concrete monument found in the south right-of-way line of Loop Highway 286 bears South 50 deg. 53 min. 46 sec. West, a distance of 190.74 feet; 7.) THENCE along the south right-of-way line of Loop Highway 286 as follows: with said curve to the right having a radius of 2697.79 feet, a central angle of 15 deg. 34 min. 25 sec., an are length of 733.29 feet, and a chord that bears North 60 deg. 42 min. 32 sec. East, a distance of731.04 feet to a TxDOT Type I concrete monument found for the end of said curve to the right; North 68 deg. 19 min. 28 sec. East, a distance of 386.24 feet to a set 1/2 -inch iron rod with cap stamped "RPLS 5469"; North 71 deg. 22 min. 13 sec. East, a distance of 24.73 feet to the POINT OF BEGINNING and containing 19.58 acres of land. LIONsHE.AD Lionshead Specialty Tire & Wheel LLC (Lionshead), a family-owned business, is experiencing significant growth in the manufacturing sector. Our headquarters is located in Goshen, Indiana with rapidly growing production facilities in Indiana, Texas, North Carolina, Idaho, Georgia and Minnesota. We specialize in the development, manufacturing, and distribution of tire and wheel assemblies and component parts for the recreation vehicle, marine, livestock, cargo, and utility trailer industries. Our intense focus on customer experience and satisfaction levels is made evident in our customer service and quallty products. We make it a priority to reinvest in new products and services to consistently provide the best value exchange in a constantly changing environment. At Lionshead, we focus on being best -in -class by providing a first-class working environment, retaining and developing talented employees, operating our business with integrity and character, valuing our employees by helping them become the best version of themselves, and giving back to our community. We are excited for the opportunity to be part of the City of Paris and Lamar County and serving the towable trailer and recreational vehicle industry throughout Texas, New Mexico, Oklahoma, Arkansas, Kansas and Louisiana. The organization plans to build a 120,000 sqft plant in Paris, Texas. This green -field development will include investments in property, plant and equipment over $20,000,000 and bring over 40 new jobs to the area over a 5 -year period. We believe the environment in which our team members work is an important part of our corporate culture. This includes an emphasis on state-of-the-art humanities and space that supports employee welfare. This includes the thoughtful use of windows to bring natural light into every work area, cleanliness throughout, terrazzo floors, personal lockers, an inviting employee lunch room, expansive bathrooms, focus on safety, and Lionshead provided complementary uniforms and personal protective equipment. Lionshead also offers every team member competitive pay, benefits (medical, dental, vision), matching 401k, performance Incentives that subsidizes food and Lionshead SWAG and many other unique cultural approaches that are rarely seen in a manufacturing environment. Upon breaking ground, we expect the project will take approximately 18 -months to complete. Our overall investment in the City of Paris and Lamar County is expected to be the following: Overall Capital Investment Land $0 Building $16,500,000 Equipment $6,500,000 Total Capital $23,000,000 Average Annual Salaries $2,000,000 4M [,',,) ET��1,,,H noir SALES AND STAFFING PROJECTIONS Sales Asys (monthly) Sales $ (monthly) Sales Asys (yearly) sales $ (yearly) Personnel - Operations Total Production Personnel sales To to/ Sales Personnel • Salaries Operations Sales Total Labor STAFFING DETAILS Texas Economic Development X7024 2025 2026 2027 2028 15,556 17,778 20,000 22,222 24,444 $2,333,333 $2,666,667 $3,000,000 $3,333,333 $3,666,667 186,667 213,333 240,000 266,667 293,333 $28,000,000 $32,000,000 $36,000,000 $40,000,000 $44,000,000 30 32 35 37 40 4 4 4 4 4 $1,404,360 $1,483,400 $1,601,960 $1,681,000 $1,799,560 $477,000 $477,000 $477,000 $477,000 _ $477,000 $1881360 6,960,400 $2,078,960 $2,158,000 $2,276,560 STAFFING DETAILS Avg Salary 2024 2025 2026 2027 2028 Operations Plant Manager $ 90,000 1 1 1 1 1 Asst Plant Manager $ 70,000 1 1 1 1 1 Shipping Receiving Manager $ 55,000 1 1 1 1 1 CDLA Drivers $ 67,500 4 4 4 4 4 Production $ 39,520 14 16 19 21 24 Production - forklift '$ 41,600 3 3 3 3 3 Receiving Staff $ 39,520 4 4 4 4 4 Receiving/Shipping forklift $ 41,600 2 2 m 2 2 Total production 30 32 35 37 40 Sales Regional Sales Manager $ 130,000 2 2 2 2 2 Market Analyst $ 67,000 1 1 1 1 1 Regional Sales Director $ 150,000 1 11 1 1 TotolSa/es 4 4 4 4 4 personnel- Salaries Operations $ 1,404,360 $ 1,483,400 $ 101,960 $ 1,681,000 $ 1,799,560 Sa les $ 477,000 $ .m, m 477,000 $ 477,000 $ 477,D00 $ 477,000 ToItallabor $ 1,881,360 $ 1,960,400 $ 2,078,960 $ 2,158,000 $ 2,276,560 Average salary per employee $ 55,334 $ 54,456 $ 53,307 $ 52,634 $ 51,740 Average per hour basis $ 26.60 $ 26.18 $ 25.63 $ 25.30 $ 24.88 2 w r LIONSHEAD Building Building $ 15,000,000 Building Contingency (10%) $ 1,500,000 Total Building $ 16,500,000 Equipment and Furniture (3 -year Investment) Items Qty Total Air Compressors - Nitrogen System & Components 1 $ 1,477,896 Airline Piping 1 $ 300,000 Belt Conveyor (Prep Conveyors) 6 $ 59,407 Roller Conveyor (Prep Conveyors) 1 $ 25,786 Camera Security System 1 $ 2,229 Morrisette - Shrink Wrap Machine 2 $ 69,943 Landmark Security System 1 $ 40,907 L/A Wheel Systems Inflation Machines_ 2 $ 800,000 Forklift Toyota 5000# 2 $ 66,520 Forklift Toyota 6500# 1 $ 39,000 Baler for Recycables 2 $ 60,750 Office furniture/Breakroom/Conf. Room 1 $ 246,114 FMH Stationary Conveyors (Receiving) 2 $ 418,040 Tire Mounters 9 $ 135,000 Big Ass Fans 1 $ 54,559 Gorbel Crane- Lift Assist 1 $ 59,681 A/V Equipment 1 $ 12,859 ITSetup (Cable and lnternetnet Wiring&Equipment) 1 $ 65,782 Cell Phone Coverage/Boosters - Teledata 1 $ 27,802 Door Security system _ - 1 $ 70,091 Guard Rails/Safety Gates/Pole Potectors 2 $ 12,500 Production Work Tables/Podiums 1 $ 9,375 Tools and Production Equipment 1 $ 9,375 ' Kitchen Appliances 1 $ 6,250 Floor sweeper 1 $ 27,723 Printers - Gordon Flesch 1 $ 22,500 Pool Cars 2 $ 100,000 Truck / Trailer (4) 4 $ 11000,000 S®lar Panels 1 $ 750,000 Contingency $ 500,000 Total Equipment and Furniture Investment 6,470,087 TOTAL ESTIMATED CAPITAL INVESTMENT $ 22,970,087 3 Ittv/, �% Xv f i�/i!I Il�� / / l 1 l/ l� /,•��/ +�a%��n J"�" h v�V�lVA�, 1 i a 9 F 1 I 1 1�• �� �1�1�v 04, 11! / / II I.!' 1� s� \ `��'. f �^r '► �,„ � I � 111,,\� e {� 4 fll!! J.,/lTj ♦j/llt�� I/�a11 �. pf �.���// •A tiJ/� � ���r II fsyl I�:�AA -i; ` `� qqa 'bl Ifl Ift 1 \V1A kr Yp i tial 1 4 p"f 1y i �\V1+ 3R f if fp � I /�1 fff {� ���`� �" ��h •� t�.�i/ •� � � 1� � �\\ �' r �� /fes ��� � % l 1— pl,.. 1� 1 Im, TM' rE�# •gym I :.� a� Jim st .. .... ........_W.. .. .....,...,�.w �.._........ r-1 ,�_ � _ � a o m my i I OR ................. I Kv .. . ............ 0 I 5 ................ . ..... ---- .. . . .. .. . . . \ � � , / \ \< gall IN ) � �{� � / -a�, ��\ ~ - « )» �a§ I� � \ � {/ a 0 I 5 ................ . ..... ---- .. . . .. .. . . . \ � � , / \ \< gall 0 5 tt 3 J�l 'i I it 'i®® , I 5 tt RESOLUTION NO. _2022-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AUTHORIZING THE CITY TO .BE ELIGIBLE TO PARTICIPATE IN PROPERTY TAX ABATEMENTS AND APPROVING GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENTS IN THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 312.002 of the Texas Tax Code requires local taxing units to state every two years their intent to participate in property tax abatement agreements, and to adopt guidelines and criteria for granting tax abatements, and to conduct a public hearing prior to said authorization and adoption; and WHEREAS, the City Council last adopted Criteria and Guidelines for Tax Abatement on January 13, 2020; and WHEREAS, on January 10, 2022, the City Council conducted a public hearing as required by law; and WHEREAS, after considering public comment, if any, at said public hearing, the City Council of the City of Paris, Texas hereby reaffirms its intent to be eligible to participate in property tax abatements in accordance with Chapter 312 of the Texas Tax Code and to adopt the Guidelines and Criteria for Tax Abatement attached hereto and incorporated herein as Exp fb t A: and WHEREAS, a three-quarters majority vote of the City Council of the City of Paris, Texas is required to amend the Guidelines and Criteria for Tax Abatement; and WHEREAS, the City Council elects to readopt the Guidelines and Criteria for Tax Abatement adopted on January 13, 2013 without amendment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The City hereby elects to be eligible to participate in a property tax abatement program and approves and adopts the Guidelines and Criteria for Tax Abatement attached hereto and incorporated herein as Exh i tA. Section 3. This resolution shall become effective from and after the date of passage. PASSED AND APPROVED this 10th day of January, 2022. Paula Portugal, Mayor c Ellis, City Clerk Stephanie H. Harris, City Attorney (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FORTAXABATEMENT I. General Purpose and Objectives. The City of Paris (City) and Lamar County Government (County) (collectively, herein called the "Taxing Jurisdictions") are committed to enhancing the competitiveness and expansion potential of local industry; to attracting and encouraging new manufacturing industry and investment; to improving the City of Paris, Lamar County and its infrastructure, which attracts and supports development; and, to expanding the tax base, employment opportunities, and the overall quality of life for its citizens. Therefore, the governing bodies of the Taxing Jurisdictions will give consideration, on a case-by-case basis, to providing tax abatements to the owners of real and personal property forprojects that stimulate economic growth and diversification in the geographic areas served by the Taxing Jurisdictions, according to state law and consistent with these policies, criteria and guidelines. Tax abatements may be made available to industrial, manufacturing, distribution, service facilities, or any "primary jobs" creating industry as defined by the Economic Development Act of the State of Texas. The facility must be currently in, or locating in the areas served by the Taxing Jurisdictions, and located in a designated Enterprise Zone or Reinvestment Zone. New facilities and structures as well as the expansion and modernization of existing facilities and structures, will be considered. Evaluation of a tax abatement request will be based on the information provided in the tax abatement application_ However, the City of Paris and Lamar County are under no obligation to provide tax abatements to any applicant. The Paris City Council acts as the lead entity for projects located in the City limits. The Lamar County Board of Commissioners acts as the lead entity for projects in Lamar County, which are located outside of the City limits. All governing bodies of the Taxing Jurisdictions have adopted like policies, criteria and guidelines and will consider tax abatement requests that qualify thereunder. H. Definitions. Definitions are provided as an Appendix A. III. Designation of a Reinvestment Zone - For any facility located within the area served by the Taxing Jurisdictions to be eligible for tax abatement it must meet the criteria for designation as a tax abatement reinvestment zone as set forth in the Property Redevelopment and Tax Abatement Act, Texas Tax Code Chapter 312. The City or County may designate an area as a reinvestment zone in accordance with the criteria and procedural requirements set forth in the Property Redevelopment & Tax Abatement Act, as amended (Texas Tax Code Sec. 312.401 (b)). Pursuant to Texas Tax Code Sec. 312.2011, designation of an area as an enterprise zone under Chapter 2303 of the Texas Government Code constitutes designation of the area as a reinvestment zone without further hearing or procedural requirements other than those provided under said Chapter 2303. IV. Tax Abatement Authorized. The Taxing Jurisdictions, through their elected governing bodies, may agree in writing with the owner and/or lessee of taxable real and/or personal property that is located in a reinvestment zone, but that is not in an improvement project financed by tax increment bonds, to exempt from taxation EXHIBIT k (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT a portion of the value of the real property, or of personal property located on the real property, or both. The period of the abatement granted under the agreement shall not exceed the term authorized bylaw. Such agreement will be based on the condition that the owner or lessee of the property makes specific improvements or repairs to the property. An agreement may provide for the exemption of the real property in each year covered by the agreement only to the extent its value for that year exceeds the base year value. An agreement may provide for the exemption ofpersonal property located on the real property in each year covered by the agreement other than personal property that was located on the real property at any time before the period covered by the agreement. Inventory or supplies cannot be abated as personal property. Tax abatements may only be granted for additional value of eligible property improvements made subsequent to and specified in an abatement agreement between the Taxing Jurisdictions and the property owner or lessee subject to such limitation as the Taxing Jurisdictions may require. The additional value must exceed any reduction in the fair market value of other property of the owner already on the tax roll within the area served by the Taxing Jurisdictions. Change in appraised value does not qualify for abatement except in an instance where a previously vacant authorized facility is utilized. Value added to the tax rolls must come from actual capital expenditures. The negotiation of tax abatement agreements will be conducted by the Paris Economic Development Corporation's ("PEDC") executive director, in close consultation with the city manager. In determining where and how tax abatements will be utilized, the executive director will examine the potential return on the public's investment. Retum on public investment will be measured in terms of (i) jobs created, (ii) jobs retained in cases of existing employers within the Taxing Jurisdictions, and (iii) broadening of the tax base and expansion of the economic base (e.g. capital investment, payroll, local spending, etc.). V, Eligibility Criteria for Tax Abatement for Real and Personal Property A property owner and/or lessee shall be eligible for tax abatement only upon the following criteria. F�gli '_bgLtLCriteria for Tax Abatement _ _ AuthorizedTi- An authorized facility is used for manufacturing, research, regional distribution, regional services, regional Facility tourist entertainment, other basic industry, or any primary jobs creating industry- (See Appendix A for definitions.) 2. A new authorized facility must be created, or an existing authorized facility must be improved, modernized i crexpanded. 3- If a leased authorized facility is granted abatement, the agreement may be executed with the lessor and/or lessee, depending upon the particular circumstances of the proposed project. If the agreement is with the lessor, lessor shall demonstrate binding contracts with the lessee to guarantee compliance with the terms of the aereemeut. Eligible 1. The property involved must be a newly created, or improvements to an existing, authorized facility. Property a 2. Eligible property for which abatement may be granted includes nonresidential real property and/or tangible personal property not located on the real property at any time before the abatement agreement becomes effective. 3. Abatement may be extended to the value of buildings, structures, fixed machinery and equipment, site t improvements, tangible personal property, and that office space and related fired improvements necessary to the operation and administration of the authorized facility. 4. Inventory or sullies shall not be eligible for abatement. Historic For historic property located in the City of Paris Historic District, see Chapter 30, Article IV of the City of Paris i Property Code of Ordinances - Tax Exemption for Historically Significant Sites. Contact the City of Paris Community (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT Deveiopment Department for additional information on these and other programs offered b�• the Citi• of Paris. Value and 1. The governing bodies of the local 'faxing Jurisdictions will decide whether to grant a tax abatement to an Term of applicant, and the amount, if any, of such abatement, on a case-by-case basis and in accordance with these Abatement Policies, Criteria and Guidelines. 2. The term of abatements granted under any agreement may not exceed that permitted by applicable state law. 3. The amount of the abatement shall be based upon a percentage (0 to 1000%) of all or a portion of the eligible 4. property ME= the authorized facility. Abatements may only be granted for the additional value of eligible real andpersonal property improvements made pursuant to and listed in the agreement between the Taxing Jurisdictions and property owner and/or lessee, subject to such limitations as the Taxing Jurisdictions may require. 5. Real property tax abatement may be granted only to the extent that its value for each year of the agreement exceeds its value for the year in which the agreement is executed. 6. If a modernization project includes the replacement of improvements within an authorized facility, the value eh ible for abatement shall be the value of the new u t(� less the value of the placed units . - - Abatement The — criteria used to evaluate a proposed project application for abatement includes, but is not limited to: Evaluation 1. The dollar amount of the increase in the tax roll. Criteria 2. The member of jobs created or retained by the employer involved 3. The possible effect on attracting other taxable improvements into the Taxing Jurisdictions. 4. The nature of and overall effect on the Taxing Jurisdictions. (I 5. The effect on the safety, health, and morals of the Taxing Jurisdictions' residents. 6. Any substantial long -tern adverse effect on the provision of the Taxing Jurisdictions' services or tax bases. 7. Meeting all relevant zoning requirements. 8. Consistent with the comprehensive plan of the City of Paris and County of Lamar. 9. The types and cost of public improvements and services (water and sewer main extensions, streets and roads, S etc.) required of the Taxing Jurisdictions. 10. The i�X� and values of public. i_myarovem_ents to be funsished by the ap cant. Economic To be eligible to receive tax abatement, the planned improvements: Qualification 1. Must be reasonably expected to iaerease the appraised value of the property. f 2. Must be expected to prevent the loss of employment, or assist in the retention or creation of jobs in the Taxing Jurisdictions during the term of the agreement. 3. Should not be expected to solely or primarily have the effect of merely transferring existing employment from one part of the Taxing Jurisdictions to another without demonstration of increased future investment (dollars or jobs) or unusual circumstances whereby without such a move employment is likely to be reduced. 4. Must be necessary because capacity cannot be provided efficiently utilizing existing improved property when reasonable allowance is made for necessan•�rovements or relevant govemmental actions_ _ Taxability_ During the term of the agreement, taxes shall be payable as follows: I . The base year of eligible property as determined each year by the Lamar County Appraisal District, shall be 2. fully taxable. The additional value of eligible property above the base year value shall be taxable in the manner described in 13. the agreement The Chief Appraiser of the Lamar County Appraisal District shall annually determine an assessment of the f real and personal property comprising the reinvestment zone. 4. Each year, the employer, company or individual receiving an abatement pursuant to an agreement shall furnish the assessor with such information as maybe necessary to determine the amount of any abatement. 5. Once such value has been established, the Chief Appraiser shall notify the affected Taxing Jurisdictions which I levy taxes on such property and also notify the Paris EDC. 6. The employer, owner or lessee of eligible property requesting tax abatement within a reinvestment zone, shall, prior to the commencement of eligible property improvements, agree to expend a designated sum of I money and to create or retain a certain number ofjobs, or annual payroll as further defined below. Capital Investinent, Payroll and it;r�n Criteria (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT Atex abatement may be made available to employers who are increasing new capital investment and creating jobs with respect to an authorized facility located anywhere within the area served by the Taxing Jurisdictions based on the following criteria. 1. To be eligible for any tax abatement, there must be a minimum capital investment in the authorized facility of $1,000,000 and at least ten (10) new jobs added to the new employer's labor force. 2. Any project with a capital investment of more than twenty-five million dollars ($25,000,000), AND accompanied by a newly created minimum annual payroll of two and one-half million dollars ($2,500,000), OR creating more than two hundred twenty-five (225) jobs will be individually negotiated. 3. As specified in state law, no abatement will be granted for more than 10 years and the total abatement shall not exceed 100%. 4. A newly created business must be (or will be) located within an enterprise zone or a designated reinvestment zone. 5. The taxing jurisdictions recognize a significant difference in the valuation of real property versus personal property. Because of depreciation schedules, the abatement of personal property could result in a tax exemption. For this reason, the P abatement schedule for personal property versus real property may be different. Each industrial account is looked at and valued on an individual basis by the Lamar County Appraisal District (LCAD). The typical depreciation used for industrial accounts by LCAD is as follows: a. Computers — 3 year life b. Furniture & Fixtures —10 year life c. Vehicles — 7 to 10 year life (depending on type) d. Machinery & Equipment —15 year life (maybe longer or shorter depending on the type) 16. For each abatement request the PEDC will evaluate the equipment (personal property) investment and useful life separate from the real estate (real property) investment to determine the length of the abatement for each. 7. If personal property should become obsolete and be replaced while under an abatement agreement, the replacement personal property is not eligible for abatement. S. The churls below provide capital investment guidelines to qualify for tax abatement and the related schedule and a percentage of abatement. For Capital Investment ($1M minimum investment AND 10 jobs for Year 6 , ar 7 • 'obs for new em Flo err. Amount of Investment Year 1 Year Z Year 3 _..- $1,000,000 to $5,000,000 70% - 60% I 50% ; 40% _30% . 20% 10% $5,000 001 to $20,000,000 _ 80% . _ _ 70% 60%f 50% 40% , _ 30% 2 $20,000,001 to $25,000,000 i _ 90% 60% 50°/a j 40% 30% 1 _ $25,000,001 and Above , Fb'r Pn jeets with capital investment above $25MA;VD $2.5Min newannuatlpnyrollOR i creating more than 225 new jobs, the term and percentage of the abaremewt are both negotiable, bid cannot exceed 10 rears or 100�/a _ 9. An additional 20% abatement for new job creation is available based on the following requirements: a, A project that creates a minimum of 10 new jobs. u b. The new job wages are equal to or greater than the current County average wage for all private sector jobs excluding retail trade and.. accommodation and food services .----�-. ($41,158 annually for 2013. Source: Texas Workforce Commission __�....._-....__.....___ _.�_ . __�_._-• -- - (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT via (Note: This represents 547 companies, 10,470 jobs and 56°10 of all private sector employment in Lamar County.) c. The taxing jurisdictions and the company must agree to include measuring, tracking and annual reporting of the net job increases (existing jobs plus new jobs) for the entire term of the abatement agreement. _. For Net New Jobs (New Job Creation and Retention of Existing Jobs) _ 1. 1, , ...... ... w 0 new obsxmmimum obs _ Y 20�° ' Ye 20% Y O o _ Year 4 Year S 'Year 6 Yesr 7 — _ j * °° 2a°1° ... 20% 20°I° `2O- 2. New job wages = or > average annual wages forprivate sector jobs in Lamar County. (&dudwg retQ, accommodations, food service. See Beni 4.b. above.) 3. Agree to maintain existing base and new jobs during the entire term of agreement. 4. *Year 1 cannot exceed 100%. VI. Tax Abatement for Eidsting Employers Regarding Real or Personal Property. The Taxing Jurisdictions recognize the value of its existing employers to the well-being of the City and County. The Taxing Jurisdictions desire to encourage existing employers to remain in the Taxing Jurisdictions and to improve their respective businesses and industries, as well as their profitability. Accordingly, if an existing employer (as opposed to a newly created business or industry moving into the Taxing Jurisdictions), owns or leases an authorized facility and has plans to improve such property by constructing new improvements on its real property and/or adding new personal property to its authorized facility which qualify for tax abatement under these Policies, Criteria and Guidelines, such employer may be eligible for tax abatement with respect to such improvements to its real property or its new personal property under the provisions of Article V above, even if no new jobs or newly created minimum annual payroll are created. In projects involving existing employers, the criteria for tax abatements for improvements to real property and for new personal property at authorized facilities set forth in Article V above shall be (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT waived, provided state law is fully complied with. The local taxing jurisdictions encourage existing employers to retain as many jobs and as much existing annual payroll as is economically feasible for the existing employer, while remaining competitive in its industry. VTC. Greenfield projects In order to encourage the development of greenfield properties and also to be able to expedite certain new projects, the criteria for tax abatements for improvements to real property and for new personal property at authorized facilities set forth in Article V above shall be waived for projects exclusively involving greenfield properties, provided state law is fully complied with. VIII Ai o plica -tion Process Aliplica6on Process Eligibility Any present or potential owner of taxable property in the Taxing Jurisdictions may request tax abatement by filing a written request with the City Manager or County Judge, with a copy of the apLbcation forwarded b,' the applicant to the Executive Director of the Paris EIEC. Form The application shall consist of a completed application form accompanied by the following: 1. A general description of the improvements to be undertaken together with the projected new value to the property and the type of business operation proposed. 2. A detailed, descriptive list of the improvements for which abatement is requested. 3. A list of the kind, number, and location of all proposed improvements of the property. 4. A list of the number and type of jobs created, including information pertaining to anticipated job transfers (if any). [ 5. A metes and bounds description and plat of the proposed reinvestment zone that shows an roadways within 200 feet of the reinvestment zone and all existing zoning and land uses within 200 feet of the reinvestment zone. 6. A time schedule for undertaking and completing the proposed improvements. 7. The type and value of any additional economic development incentives requested. 8. Any other information about the proposed project as may be required by the Taxing Jurisdictions or as deemed desirable by the Taxing Jurisdictions, _ 6 Review 1. All applications will be initially reviewed by the PEDC executive director. Process 2. An initial project briefing meeting will be eonductedbetween the company's representatives, the PEDC executive director, the city manager, and the county judge. 3. The PEDC executive director will evaluate the request for tax abatement in accordance with these criteria and guidelines and will make his/her recommendation to the Paris City Council and Lamar County Commissioners Court for their review and possible approval. 4. After the Paris City Council has been briefed on the proposed tax abatement offer and they have directed the PEDC executive director to move forward, the Paris City Attorney will the initial tax abatement agreement for review by the PEDC Board and representatives idraft of each Taxing Jurisdiction. 5. Electronic versions of the City's abatement agreement will be provided to the County so all agreements have consistent language, terms and conditions. 6. Following review of the draft agreement, it will be sent to the applicant's legal counsel for review and comment. Any changes requested by the tax abatement applicant will be reviewed by the City Attorney. 7. Once the Agreement is finalized, it will be placed on the PEDC Agenda for board 8. recommendation. ; Once the Tax Abatement Agreement has been acted on by the PEDC Board, the Agreement shall be forwarded to the Paris City Council and Lamar County Commissioner's Court for final consideration and action. __ _ _ ___ _ Public Hearing 1. The Taxing Jurisdictions will comply with certain public notices and hearings required as mandated by state law under the Pro ;nny Redevelopment and Tax Abatement Act prior 4o J 6 (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT the designation of a reinvestment zone and execution of a tax abatement agreement 2. The lead Taxing Jurisdiction (typically the City of Paris) may adopt an ordinance designating a tax abatement reinvestment zone only after notice of a public hearing has been published at least seven (7) days before the date of the hearing, and all other procedural requirements of � ha ter 312 of the Texas Tax Code have been satisfied. Findings In order to enter mto an agreement, the Taxing Jurisdictions must find that: 1. The terms of the proposed agreement comply with these Policies, Criteria and Guidelines. �I 2. There will be no substantial adverse effect on the provision of Taxing Jurisdictions' services or tax Mase. 3. That the planned use of the property will not constitute a hazard to public safety, health or morals. 4. Incident to approval of any ordinance designating a reinvestment zone, the Taxing Jurisdictions shall find that the improvements sought are feasible and practical and would be a benefit to the land to be included in the reinvestment zone and to the Taxing Jurisdictions after the expiration of the agreement variances I Requests for variance from the provisions of these Policies, Criteria and Guidelines may be made in writing to the Taxing Jurisdictions; provided, however, that in no event shall the term of any abatement exceed the period authorizcd by applicable state law. Such request shall include a complete description of the circumstanccs requiring a variance. Approval of a request for variance shall require the afftmtative vote of three-fourths (3/4) of the members of each of the Proposed r The adoption of these Policies, Criteria . Taxing, Jurisdictions Qovernur b p p and Guidelines by the Taxing Jurisdictions does not limit Agreements the discretion of the Taxing Jurisdictions' governing bodies to decide whether to enter into a Decided on specific tax abatement agreement. Nor does it limit their discretion to delegate to their employees Individual the authority to determine whether or not the Taxing Jurisdiction should consider a particular Basis application or request for tax abatement, or create any property, contract, or other legal right in any person or entity to have the Taxing Jurisdiction consider or grant a specified application or request for tax abatement. Vila. Abatement Agreement Terms and Conditions. Appendix B provides many of the terms and conditions to be included in any formal tax abatement legal agreement. IX. Amendments to Policies, Criteria and Guidelines These Policies, Criteria and Guidelines are effective for a two (2) year period from the date of their adoption, unless amended earlier by the affirmative vote of three-fourths (3/4) of the members of each governing body (City, County). For a tax abatement application or additional information contact: Paris Economic Development Corporation 1125 Bonham Street Paris, Texas 75460 Phone: 903-784-6964 Fax: 903-784-2503 Website: www,Jparistexasusa.com Email: parisedc!isatistexasusa,com (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT APPENDIX A Term _ _ e.... _._._.. — ition. _ Abatement or Tax _ The full or partial exemption from ad valorem taxes of certain real and tangible personal � Abatement_PrOPerty in a Reinvestment done designated for economic development. _ _ poses. Agreement or The written legal agreement for tax abatement between a property owner and/or lessee and the Agreements Citi of Paris, Lamar County and Paris Junior Collme. Authorized A facility may be eligible for abatement if it is a facility used for manufacturing, research, Commercial or regional distribution, regional services, regional tourist entertainment, other basic industry, or Industrial Facility any primary jobs creating industry (see definitions below). All authorized facility definitions II ..ncJude buildings and structures, including fixed machinery and equipment used in operating c the facilit3`_ 1. Authorized The City Council of the City of Paris may also designate areas of the City where residential i Residential Facility properties may be considered for abatement of City taxes only. The City of Paris will approve , policies, criteria and guidelines seT_gate from these policies. gtheirresidential e- I off whicch is or will be the manufacture of tangible goods or materials or the FMaulufactunn acility r ds or materials by physical or chemical change. ]Facilities � p �eurpmog of manufactured products are also primarily engaged in assembling component parts considered manufacturing facilities. _ RegionalUsed primarily to receive, store, service, or distribute goods or materials where a majority of Distribution Facility the goods or services are distributed to points at least 100 miles from its location in the Taxing Jurisdictions of Paris and Tamar Coun . __ _ Regional Tourist Used in providing amusement/entertainment through the admission of the general public where Entertainment the majority of users reside at least 100 miles from the Taxing Jurisdictions and where the Facility majority of users are likely to stay in the Taxing Jurisdictions for more than one day and will i therefore likely utilize local restaurants and hotel/motel accommodations, or develop new tangible -Reser�chYFaciiity Used dev iT s sthereto.services to improvve or the nroductio _pro�_ceso Other Basic or l Not elsewhere described, used for the production of products which in the Service Industry ealthcare- creation of new jobs and bring new wealth into the Taxing Jurisdictions (e.g. healthcare- _ Primary yJabs related .d._.industries). rel .t..e_n—g - - _ _ � _� __ --•— -- crea_i"primary jobs" defined as a job that is available at a company for which indu—sy_ Creating Industry a majority of the products or services of that company are ultimately exported to regional, 1 or international markets infusing new dollars into the local economv.. . statewide nati4na , _�.� . Base Year Value J ®-._ — sed valueof eligible property as of January 1, preceding the date of execution of the " The asses agreement plus the agreed upon value of eligible property improvcments made after January 1, but before the execution of the agreement. The Base Year Value may be adjusted. either up or down fxomyear to year aster renditions by the Lamar County A1praisal District, _ - Employer —. The owner or lessee of property, who is applying for tax abatement and who will provide jobs and c�� u�- investment within the Reinvestment Zone or within the Enterprise Zone. _ � — —_ _ _ — .._. Zone Reinvestment Zone A An area where the Taxing Jurisdictions have decided to influence development patterns and the j is that will contribute to the development of the area through the use of attract major men tax abatement for specified improvements. These statues are found in Chapter 312 of the Texas Tax Code. _ Chapter 2303 of the Texas Government Code. f Enterl7riso Zone Aarm of land desip�ated as such under _ .40 ,._ Jaobb or Jobs � A_n "job" is when an individual works hours per week for an employer, and in the position the individual is provided the benefits normally offered by the employer, such as health insurance, vacation and some form of retirement benefit. A job is not a position filled for the employer as a worker or employee of an employment agency or employment service. "Jobs" also includes "Full-time Ecluivalent Jobs" defined below. _ _ Frdl�ime Equivalent The iurtsntion of the governing bodies is to provide a company the maximuam flexibility in running I (FTE) Jobs their business and making business decisions, especially related to staffing. The following definition of FTE will be reflected in all incentive agreements. An FTE is: 1. An individual working 40 hours per week in a jab defined above. 2. A number ofPart-time jobs where the hours worked in each such job is less than 40 hours per 8 (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT week made available by one employer and added together to total 40 hours per week weFor example, fourteen (14) pare -time jobs made available by one employer when all such pan - time jobs added together require a total of 380 hours of work per wcek (but no such part- time arttime job requires 40 hours of work or more per week), will equal nine and one-half (9.5) FTE Jobs (380 hours divided by 40 hours per week equals 9.5). 3. FTE nobs do not require the e�lo�ee to receive benefits from the employer. , b Modernization The replacement and upgrading of existing facilities, which increases the productive input or output, updates thetecbnology, or substantially lowers the unit cost of operation. Modernization may result from the construction, alteration or installation of buildings, structures, fisted machinery or equipment, but shall not be for the purpose of reconditioning, refurbishing, relsai ", or deferred maintenance. Perso_nal Property 1 Machinery, equipment, tools, shelving or materials eligible under applicable law :For tax ^� abateme_nt, which can be removed from an authorized facility. I Property` Reai Property or Personal Property defined herein that is el�ble for tax abatement. _ ]Real Property _ The land within an Enterprise Zone or a Reinvestment Zone, together with all improvements and fixtures constructed or otherwise situated thereon. Tax Abatement The Tax Abatement Advisory Committee will be convened from time to time by the Paris Advisory Committee Economic Development Corporation to study, review and recommend tax abatements to the applicable Taxing Jurisdictions in the City of Paris and Lamar County, Texas. The Tax Abatement Advisory Committee will be composed of one person from each of the Taxing Jurisdictions: the City of Paris (the City Manager or designee), the County of Lamar (the County Judge or designee), Paris Junior College (the President or designee), the Chief Appraiser of the Lamar County Appraisal District, and the Executive Director of the Paris Economic Development Corporation. Recommendations from the Tax Abatement Advisory Committee shall be decided by majority vote of the representatives from the three taxing entities referenced above.µ (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT APPENDIX B Abatement Agreement Terms and Conditions After approval, the Taxing Jurisdictions shall formally pass an order or resolution and authorize the execution of an agreement with the owner and/or lessee of the authorized facility, which shall include, but not be limited to the following terms and conditions: Project Description Contract Terms & Conditions The fallowing project specifies will be included: 1. The base year value. 2. Percent of increased value to be abated each year. 3. The commencement date and the termination date of abatement. 4. Amount of investment and average number of jobs involved during the term of the agreement. 5. The proposed use of the authorized facility, nature of construction, time schedule, plat, property description, and improvement list, as provided in the application. 6. A listing of the kind, number, location, and costs of all proposed improvements of the property. 7. A statement limiting the uses of the property consistent with the general purpose of encouraging development or redevelopment of the reinvestment zone during the period that property tax abatement is in effect. 8. That access to the project is provided to allow for the inspection by Taxing Jurisdictions' inspectors and officials in order to ensure that the improvements or repairs are made according to the specifications and conditions of the agreement. 9. That property tax revenue lost as a result of the tax abatement agreement will be recaptured by the Taxing Jurisdictions if the owner of the property fails to make the improvements or repairs as provided by the agreement. 10. Each term agreed to by the owner of the property. 11. A requirement that the owner of the property shall certify annually to the Taxing Jurisdictions that the owner is in compliance with each applicable term of the agreement. 12. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment, or other provisions that may be required by state law, or in the discretion of the Taxing Jurisdictions' governing body. 13. That the Taxing Jurisdictions may cancel or modify the agreement if the property owner _fails to comply with th�reement. 1f the Taxing Jurisdictions datermine that the person or entity receiving an abatement is in default according to the terms and conditions of its agreement, the Taxing Jurisdictions sball notify the company or individual in writing at the address stated in the agreement, and if such default is not cured within a reasonable time specified in such notice ("cure period"), then the agreement may be modified or terminated without further notice. In the event the company or individual allows its ad valorem taxes owed to the Taxing Jurisdictions to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest, or violates any of the terms and conditions of the agreement and fails to cure during the cure period, the agreement then may be modified or terminated without further notice, and the agreement may provide a formula for recapture of all or part of the taxes abated. At any time before the expiration, any tax abatement agreement may be terminated by mutual consent of ell parties involved in the same _ manner that the a Bement was executed. Confidentiality Information that is provided to a Taxing Jurisdiction in connection with an application or request of Proprietary for taoc abatement under these Policies, Criteria and Guidelines, and that describes the specific Information processes or business activities to be conducted or the equipment or other property to be located on the property for which tax abatement is sought is confidential and not subject to public disclosure until the agreement is executed. Such information in the custody of the Taxing i Jurisdictions after the We mentis executed is not confidential hereunder. resentatives of the Taxing' 1 e bons_--. Thicement shall stipulate that e l ees or esigna p- _—.�--�_—__-- 10 (Updated 01-10-2022) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT Jurisdictions will have access to the reinvestment zone during the term of the agreement to inspect the authorized facility to determine if the terms and conditions of the agreement are being met. All inspections will be made only after the giving of at least twenty-four (24) hours' prior notice and will only be conducted in such a manner as to not unreasonably interfere with the construction and/or operation of the authorized facility. All inspections will be made with one or more representatives of the company or individual and in accordance with its safety standards. Upon completion of construction, the Taxing Jurisdictions shall annually evaluate each authorized facility receiving abatement to ensure compliance with the agreement and report possible violations of thea eernent to the Taxing Jurisdictions govenung bodies. Modifications At any time before the expiration of an agreement made under these Policies, Criteria and of Agreement Guidelines, the agreement may be modified by the parties to the agreement to include other provisions that could have been included in the original agreement or to delete provisions that were contained in the original agreement. The modification must be made by the same procedure by which the original agreement was approved and executed The original agreement, I however, may not be modified to extend the term of the agreement or the term of the abatement _ _ ® i Rranted therein bind the time permitted by State law. Assignment An agreement may be assigned to a new owner or lessee of the authorized facility only with the prior written consent of the Taxing Jurisdictions. Any assignment shall provide that the assignee shall irrevocably and unconditionally assume an the duties and obligations of the assignor upon the same terns and conditions as set out in the agreement, and the Taxing Jurisdictions' approval shall be subject to the determination of the financial capability of such assignee. Any assignment of an agreement shall be to an entity that contemplates the same improvements or repairs to the property, except to the extent such improvements or repairs have been completed. No assignment shall be approved if the assignor or the assignee is indebted to the Taxing Jurisdictions for ad valorem taxes or other obligations, or if any event of default under the agreement remains uncured _ Contract of tax abatement agreements authorized by thelm�Taxingde Jurisdictions Admrmstration, 1, Each TaxingJurisdiction shall be responsible for the administration, review, and monitoring tions under these Policies, Review, Criteria and Guidelines. These responsbilrties y verifying participants in Monitoring and tax abatement agreements are in full compliance with the terms of the agreement, including Reporting completion and submission of all required documents in a timely manner. 2. The Paris City Attorney shall expeditiously advise the Taxing Jurisdictions in writing of any instances of contract non-compliance by tax abatement participants. In addition, the Paris City Attorney shall, on an annual basis, conduct a perfomtance review of the activities of each tax abatement participant and report the findings of such review to the leadership and governing bodies of each taxing entity. 3. The Taxing Jurisdictions' governing bodies shall retain the right to independently review and audit the activities of tax abatement participants, and shall be responsible for enforcement of C the terms of any tax abatement agreement authorized hercunder. 4. Annually the Paris City Attorney shall report to each of the governing bodies on its mowitorirJi and compliance activities and the status of all existing abatement agreements. 11 Annual Certificate of Compliance/Non-Compliance Year 1--2024 Tax Abatement Agreement ("the Agreement") Between the City of Paris, Texas And Lionshead Paris, LLC Dated June 27, 2022 THE STATE OF TEXAS § COUNTY OF LAMAR § INITIAL WHERE APPROPRIATE: OR: Lionshead Paris, LLC (the "Company") hereby certifies that: (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) In 2024, the Company maintained no fewer than fifteen (15) full-time employees to operate the Paris Facility. The total number of full-time employees working at the Facility as of the date of this report is (3) The Company has continuously operated the Property and Improvements described in the Agreement as a tire and wheel assembly and warehousing plant. (4) The Company submits herewith and attaches hereto copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of 2024. (6) All other terms and conditions of this Agreement have been complied with. Lionshead Paris, LLC certifies that the company is not in compliance with its agreement with City of Paris for the year Please Circle the number of the item(s) above in which you believe that the Company has failed to comply and state in what way compliance with the term or terms were not met. Attach additional pages if necessary.. VERInFICATI,O,N OF TEXAS COUNTY 1' LAMAR BEFORE ME, the undersigned notary, on this day personally appeared the affiant, a person whose identity is known to me. After I administered an oath to affiant, affiant testified: °My name is ,.,,, � _. I am capable of making this verification. I have read the foregoing Certificate of Compliance/Non-Compliance. The facts stated in it are within my personal knowledge and are true and correct, and I further certify that the Employer Reference Summary pages are true and correct copies of those reports filed with the Texas Workforce Commission." Signature of Company Representative Position/Title Sworn to and subscribed before me this the day of , 20_. Notary Public, State of Texas Annual Certificate of Compliance/Non-Compliance Year 2--2025 Tax Abatement Agreement ("the Agreement") Between the City of Paris, Texas And Lionshead Paris, LLC Dated June 27, 2022 THE STATE OF TEXAS § COUNTY OF LAMAR § INITIAL WHERE APPROPRIATE: [7 11; Lionshead Paris, LLC (the "Company") hereby certifies that: (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) In 2025, the Company maintained no fewer than fifteen (15) full-time employees to operate the Paris Facility. The total number of full-time employees working at the Facility as of the date of this report is (3) The Company has continuously operated the Property and Improvements described in the Agreement as a tire and wheel assembly and warehousing plant. (4) The Company submits herewith and attaches hereto copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of 2025. (6) All other terms and conditions of this Agreement have been complied with. Lionshead Paris, LLC certifies that the company is not in compliance with its agreement with City of Paris for the year Please Circle the number of the item(s) above in which you believe that the Company has failed to comply and state in what way compliance with the term or terms were not met. Attach additional pages if necessary. 1 STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned notary, on this day personally appeared the affiant, a person whose identity is known to me. After I administered an oath to affiant, affiant testified: "My name is _ ,,, - I am capable of making this verification. I have read the foregoing Certificate of Compliance/Non-Compliance. The facts stated in it are within my personal knowledge and are true and correct, and I further certify that the Employer Reference Summary pages are true and correct copies of those reports filed with the Texas Workforce Commission." Signature of Company Representative Position/Title Sworn to and subscribed before me this the _ day of 20®. Notary Public, State of Texas Annual Certificate of Compliance/Non-Compliance Year 3--2026 Tax Abatement Agreement ("the Agreement") Between the City of Paris, Texas And Lionshead Paris, LLC Dated June 27, 2022 THE STATE OF TEXAS § COUNTY OF LAMAR § INITIAL WHERE APPROPRIATE: OR: Lionshead Paris, LLC (the "Company') hereby certifies that: (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) In 2026, the Company maintained no fewer than fifteen (15) full-time employees to operate the Paris Facility. The total number of full-time employees working at the Facility as of the date of this report is (3) The Company has continuously operated the Property and Improvements described in the Agreement as a tire and wheel assembly and warehousing plant. (4) The Company submits herewith and attaches hereto copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of 2026. (6) All other terms and conditions of this Agreement have been complied with. Lionshead Paris, LLC certifies that the company is not in compliance with its agreement with City of Paris for the year Please Circle the number of the items) above in which you believe that the Company has failed to comply and state in what way compliance with the term or terms were not met. Attach additional pages if necessary. VERIFICATION STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned notary, on this day personally appeared , the affiant, a person whose identity is known to me. After I administered an oath to affiant, affiant testified: "My name is _ ..�, I am capable of making this verification. I have read the foregoing Certificate of Compliance/Non-Compliance. The facts stated in it are within my personal knowledge and are true and correct, and I further certify that the Employer Reference Summary pages are true and correct copies of those reports filed with the Texas Workforce Commission." Signature of Company Representative Position/Title Sworn to and subscribed before me this the ® day of 20— Notary Public, State of Texas Annual Certificate of Compliance/Non-Compliance Year 4--2027 Tax Abatement Agreement ("the Agreement") Between the City of Paris, Texas And Lionshead Paris, LLC Dated June 27, 2022 THE STATE OF TEXAS § COUNTY OF LAMAR § INITIAL WHERE APPROPRIATE: OR: Lionshead Paris, LLC (the "Company") hereby certifies that; (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) In 2027, the Company maintained no fewer than fifteen (15) full-time employees to operate the Paris Facility. The total number of full-time employees working at the Facility as of the date of this report is (3) The Company has continuously operated the Property and Improvements described in the Agreement as a tire and wheel assembly and warehousing plant. (4) The Company submits herewith and attaches hereto copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of 2027. (6) All other terms and conditions of this Agreement have been complied with. Lionshead Paris, LLC certifies that the company is not in compliance with its agreement with City of Paris for the year Please Circle the number of the item (s) above in which you believe that the Company has failed to comply and state in what way compliance with the term or terms were not met. Attach additional pages if necessary VERIFI ION STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned notary, on this day personally appeared the affiant, a person whose identity is known to me. After I administered an oath to affiant, affiant testified: "My name is I am capable of making this verification. I have read the foregoing Certificate of Compliance/Non-Compliance. The facts stated in it are within my personal knowledge and are true and correct, and I further certify that the Employer Reference Summary pages are true and correct copies of those reports filed with the Texas Workforce Commission." Signature of Company Representative Position/Title Sworn to and subscribed before me this the day of Notary Public, State of Texas Annual Certificate of Compliance/Non-Compliance Year 5--2028 Tax Abatement Agreement ("the Agreement") Between the City of Paris, Texas And Lionshead Paris, LLC THE STATE OF TEXAS § COUNTY OF LAMAR § INITIAL WHERE APPROPRIATE: OR: Dated June 27, 2022 Lionshead Paris, LLC (the "Company") hereby certifies that: (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) In 2028, the Company maintained no fewer than fifteen (15) full-time employees to operate the Paris Facility. The total number of full-time employees working at the Facility as of the date of this report is (3) The Company has continuously operated the Property and Improvements described in the Agreement as a tire and wheel assembly and warehousing plant. (4) The Company submits herewith and attaches hereto copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of 2028. (6) All other terms and conditions of this Agreement have been complied with. Lionshead Paris, LLC certifies that the company is not in compliance with its agreement with City of Paris for the year Please Circle the number of the item(s) above in which you believe that the Company has failed to comply and state in what way compliance with the term or terms were not met. Attach additional pages if necessary, V,E„R,IFICATION STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned notary, on this day personally appeared _'ll, ,_ , the affiant, a person whose identity is known to me. After I administered an oath to affiant, affiant testified: "My name is _ I am capable of making this verification. I have read the foregoing Certificate of Compliance/Non-Compliance. The facts stated in it are within my personal knowledge and are true and correct, and I further certify that the Employer Reference Summary pages are true and correct copies of those reports filed with the Texas Workforce Commission.” Signature of Company Representative Position/Title Sworn to and subscribed before me this the —day of, __.., 20_, Notary Public, State of Texas Annual Certificate of Compliance/Non-Compliance Year 6--2029 Tax Abatement Agreement ("the Agreement") Between the City of Paris, Texas And Lionshead Paris, LLC Dated June 27, 2022 THE STATE OF TEXAS COUNTY OF LAMAR § INITIAL WHERE APPROPRIATE: OR: Lionshead Paris, LLC (the "Company") hereby certifies that: (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) In 2029, the Company maintained no fewer than fifteen (15) full-time employees to operate the Paris Facility. The total number of full-time employees working at the Facility as of the date of this report is (3) The Company has continuously operated the Property and Improvements described in the Agreement as a tire and wheel assembly and warehousing plant. (4) The Company submits herewith and attaches hereto copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of 2029. (6) All other terms and conditions of this Agreement have been complied with. Lionshead Paris, LLC certifies that the company is not in compliance with its agreement with City of Paris for the year Please Circle the number of the item(s) above in which you believe that the Company has failed to comply and state in what way compliance with the term or terms were not met. Attach additional pages if necessary. VERIFICATION STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned notary, on this day personally appeared the affiant, a person whose identity is known to me. After 1 administered an oath to affiant, affiant testified: "My name is . m. .... .. I am capable of making this verification. I have read the foregoing Certificate of Compliance/Non-Compliance. The facts stated in it are within my personal knowledge and are true and correct, and I further certify that the Employer Reference Summary pages are true and correct copies of those reports filed with the Texas Workforce Commission." Signature of Company Representative Position/Title Sworn to and subscribed before me this the ® day of 20_� Notary Public, State of Texas Annual Certificate of Compliance/Non-Compliance Year 7--2030 Tax Abatement Agreement ("the Agreement") Between the City of Paris, Texas And Lionshead Paris, LLC Dated June 27, 2022 THE STATE OF TEXAS § COUNTY OF LAMAR INITIAL WHERE APPROPRIATE: OR: Lionshead Paris, LLC (the "Company") hereby certifies that: (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) In 2030, the Company maintained no fewer than fifteen (15) full-time employees to operate the Paris Facility. The total number of full-time employees working at the Facility as of the date of this report is (3) The Company has continuously operated the Property and Improvements described in the Agreement as a tire and wheel assembly and warehousing plant. (4) The Company submits herewith and attaches hereto copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of 2030. (6) All other terms and conditions of this Agreement have been complied with. Lionshead Paris, LLC certifies that the company is not in compliance with its agreement with City of Paris for the year Please Circle the number of the item (s) above in which you believe that the Company has failed to comply and state in what way compliance with the term or terms were not met. Attach additional pages if necessary. VERI„FICATI,O„N STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned notary, on this day personally appeared the affiant, a person whose identity is known to me. After I administered an oath to affiant, affiant testified: "My name is _ I am capable of making this verification. I have read the foregoing Certificate of Compliance/Non-Compliance. The facts stated in it are within my personal knowledge and are true and correct, and I further certify that the Employer Reference Summary pages are true and correct copies of those reports filed with the Texas Workforce Commission." Signature of Company Representative Position/Title Sworn to and subscribed before me this the day of 20—. Notary Public, State of Texas Item No. 18 70771"ITIMWI TO: Mayor, Mayor Pro Tem, and City Council Robert G. Vine, Interim City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: Cleanup amendment of Code of Ordinances to reflect current practice regarding number of Planning and Zoning Commission members DATE: September 23, 2024 BACKGROUND: Decades ago, at least as far back as 1970, the City Council created the Planning and Zoning Commission ("commission") in accordance with Chapter 211 of the Texas Local Government Code. Chapter 2, Division 2, Sec. 2.03.031 of the Code of Ordinances provided for the creation of the commission and further provided that the commission would comprise nine (9) members. Judging by the commission's minutes, sometime between 1999 and 2000 City Council decided to reduce the number of commissioners to seven (7), presumably to bring the commission in line with other boards and commissions of the city and to make it easier to fill vacancies; however, the city failed to amend Sec. 2.03.031 accordingly. The commission has been composed of seven members since that time. STATUS OF ISSUE: Attached hereto is a cleanup ordinance to bring Chapter 2, Division 2 into alignment with what has long been the city's practice. It amends Sec. 2.03.031 to provide for a seven member commission and amends Sec. 2.03.038 to provide that a quorum for the commission will be four (4) rather than (5) members to correspond with the seven total members. The commission discussed the issue at its regular meeting on September 5, 2024, and the consensus was that the commissioners preferred to leave the commission at seven members. BUDGET: No impact. RECOMMENDATION: Move to adopt an ordinance amending Chapter 2, Division 2 of the Code of Ordinances to reduce the number of members of the commission from 9 to 7 and to reduce the number of members needed for a quorum from 5 to 4. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AMENDING DIVISION 2, "PLANNING AND ZONING COMMISSION," OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO FORMALLY REDUCE THE NUMBER OF MEMBERS FROM NINE (9) TO SEVEN (7) TO CONFORM WITH CURRENT PRACTICE AND ADJUSTING THE NUMBER OF MEMBERS REQUIRED TO MAKE A QUORUM ACCORDINGLY, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Chapter 2, Division 2 of the Code of Ordinances of the City of Paris provides for the creation of a Planning and Zoning Commission (the "Commission") has provided for in Chapter 211 of the Texas Local Government Code; and WHEREAS, the City created said Commission, and the Commission has been in existence for decades; and WHEREAS, Section 2.03.031 provides that the Commission be composed of nine (9) members; and WHEREAS, between 2006 and 2008, City Council reduced the number of Commissioners from nine (9) to seven (7) to better correspond with other boards and commissions of the city and to make it easier to fill vacancies on the Commission; and WHEREAS, on September 5, 2024, the Commission discussed whether to remain at seven members or to ask the City Council to appoint two (2) additional members, and agreed to recommend to City Council to leave the composition of the Commission at seven; and WHEREAS, the City Council finds that it is in the best interest of the city to amend the ordinance so that it conforms with current practice; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved and are incorporated herein by reference for all purposes. Section 2. That Sections 2.03.031 and 2.03.038 are hereby amended to read as follows: "§ 2.03.031. Created; composition. There is hereby created and established within and for the city a planning and zoning commission, composed of nine (9) sevens members, whose offices are hereby created." 1 "§ 2.03.038. Quorum. Five -(3) Fo r ,4 members of the planning and zoning commission shall constitute a quorum for the transaction of business." Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris, Texas not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris, Texas, that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. This ordinance shall be effective upon passage and publication as required by law.. PASSED AND ADOPTED on this 23rd day of September, 2024. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney 2 Mihir Pankaj, Mayor Item No. 19 Memorandum TO: Mayor, Mayor Pro -Tem & City Council Robert Vine, Interim City Manager FROM: Paul Strahan, Airport Manager/FBO Operator SUBJECT: Agreement between the City of Paris and LT Wings, LLC for construction of an access road to accommodate new private hangars at Cox Field Airport DATE: September 23, 2024 BACKGROUND: LT Wings, LLC, is proposing the construction of multiple private hangars at Cox Field Airport. Prior to beginning construction of these hangars, it is a necessity to have an access road built. STATUS OF ISSUE: Due to FAA / TXDOT current availability of funding, the airport will not be able to construct a project like this for years into the future. The proposal made by LT Wings, LLC. Includes covering the entire cost of this project in order to be able to construct multiple hangars and the necessary access roads The agreement before you outlines the construction of an access road to be constructed at Cox Field Airport, which will be funded by LT Wings, LLC which will be transferred to the City of Paris upon completion. Once the project is complete and the City accepts it, the City will maintain the access road. BUDGET: While this project is not funded by the City, city staff will be utilized to install utility lines and fire hydrants for this project. It should be noted that this project will generate future revenue for the airport with ground leases and potential fuel sales. RECOMMENDATION: Authorize the Interim City Manager to execute an agreement with LT Wings for construction of an access road, to be funded by LT Wings, LLC. lf)OAV'1.LO3mAd SVX3-.l'SilUVd ioarOMd NO'ddV/3NVliiXV-L SSBOOV UVc)NVH INOdUIV 131311-A XOD N, 11 �,i I � I� a -t rhll-l--�11141��' I........ . -, 1)f 11 �,i I � I� a ACCESS ROAD EXTENSION DEVELOPMENT AGREEMENT Between the City of Paris, Texas and LT Wings, LLC This Access Road Extension Development Agreement (the "Agreement") is entered into by and between the City of Paris, Texas, a Texas Home Rule Municipal Corporation ("City") and LT Wings, LLC ("Developer") for the extension of an Access Road at the City's Cox Field airport in Paris, Lamar County, Texas. WITNESSETH: I. Effective Date 1.1 This Agreement shall take effect upon the last date of execution hereof. II. Recitals 2.1 The Recitals set forth herein are a part of the terms of this Agreement for all purposes. 2.2 The City owns a municipal airport known as Cox Field (the "Airport") located in Paris, Lamar County, Texas. 2.3 Developer wishes to build multiple hangars at Cox Field. The proposed hangar locations (See Exhibit A) do not have a vehicle access road to access the hangars. 2.4 Developer wishes to construct an Access Road (the "Improvements") to facilitate aircraft access to the proposed hangar at its sole expense, and, once complete, dedicate said Improvements to the City for future maintenance. 2.5 The City Council of the City of Paris has found that the construction of the Access Road fulfills a public purpose in that it will support the construction of Developer's hangars as well as facilitate additional development at the Airport at no cost to the City except as set forth Paragraph V hereinbelow. III. Consideration 3.1 Developer: Developer, at Developer's sole cost, will develop and construct the Improvements to all Federal Aviation Administration ("FAA") and Texas Department of Transportation Aviation Division ("TxDOT") standards and requirements and dedicate same, upon completion, to City. 3.2 City: City grants Developer the right to develop and construct the Improvements, and upon completion and all necessary and required inspections to determine that the Improvements meet all requirements and specifications, will accept the dedication and thereafter be responsible for maintaining the Improvements. wit: IV. Develo er's Obli ations 4.1. Developer will be responsible for the construction of the Improvements to a. Developer, at its sole cost, will construct the Improvements, which will consist of an Access Road measuring one thousand three hundred sixty-six feet (1,366 ft.) in length and twenty-five feet (25 ft.) in width. b. Developer, at its sole cost, will construct the Improvements, which will consist of a taxi -lane measuring two hundred ninety-nine feet (299 ft.) in length and forty feet (40 ft.) in width. C. Developer will assume responsibility for all costs related to construction of the Improvements, including but not limited to engineering and geotechnical services, compaction testing, and construction. d. Breaking ground on the Improvements is contingent upon approval of all plans and design by KSA Engineering. e. Developer will follow all aviation specifications set forth by the FAA and TxDOT, including but not limited to those set forth in FAA Advisory Circular 150/5300-13B Chapter 4. f. Developer has retained KSA Engineers, Inc. in connection with the construction of the Improvements. g. In addition to state and federal aviation specifications, Developer will abide by all City ordinances and building codes in constructing the Improvements. h. Developer will be responsible for grading the edges of the Access Road per FAA Advisory Circular 150/5300-13B Chapter 4 including but not limited to seeding ryegrass for erosion control on the edge of the taxi -lane and access road extension. i. Developer will pay for the cost of supplies and materials related to the City's installation of six (6) fire hydrants and the related water lines to service the Access Road extension. See Paragraph 5.3. j. Developer will cause, at its own expense, KSA Engineers, Inc. to update and submit a revised Airport Layout Plan following the completion of construction. k. Developer will be responsible, at its own expense cost, for the removal and disposal of trees as necessary to construct the Improvements. I. Developer will be responsible, at its own expense cost, for the removal, disposal, and installation of a section of airport perimeter fencing to make room for the access road, M. Developer will be responsible, at its own expense cost, for the repair of the haul route road and or taxi -lanes if said road or taxi -lanes are in need of repair after the completion of the project. V. Cit 's 049229M 5.1 City shall grant Developer the right to develop and construct the Improvements, and upon completion and all necessary and required inspections to determine that the Improvements meet all requirements and specifications, will accept the dedication and thereafter be responsible for maintaining the Improvements. 5.2 5.3 The City shall install six (6) fire hydrants and water lines to service said hydrants with the work to be completed by the City's Department of Public Works. VI. Construction 6.1 Upon execution of this Agreement by both parties (the Effective Date), Developer will, as soon as is practicable given weather conditions, mobilize and begin construction of the Improvements and shall complete same by __ , 2024. 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. VIII. Insurance and Indemnification 8.2 Insurance. a. Before commencing work, the Developer, or its construction Contractor and Subcontractors (for the purposes of this Section 8.2, referred to collectively as "Developer"), shall, at their own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the State of Texas and acceptable to the City of Paris. The Developer/Contractor/Subcontractors 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. Certificates shall reference the project/contract number and be addressed as follows: City of Paris 150 SE First St Paris TX 75460 1. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per -occurrence, $1,000,000 Products/Completed Operations Aggregate and $1,000,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. 2. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident, b) by disease, $100,000 per employee with a per policy aggregate of $500,000. 3. Business Automobile Liability insurance covering owned, hired and non - owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000 per occurrence. NOTE: If the insurance is written on a claims -made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty- six (36) months following completion of the contract and acceptance by the City of Paris. b. With reference to the foregoing required insurance, the Developer shall endorse applicable insurance policies as follows: 1. A waiver of subrogation in favor of City of Paris, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. 2. The City of Paris, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader; and, the City of Paris shall be provided a defense to any and all claims and causes of action arising out of or related to this Agreement as may be provided pursuant to Developer's general liability insurance policies. In this regard, Developer shall assist City to obtain any defense provided by the Developer's general liability insurance policies. Nothing contained in Section XII of this Agreement shall be interpreted or applied as limiting, reducing, or eliminating any obligation or duty that Developer's insurance carrier may owe to City as an additional insured, pursuant to endorsement CG2026 or broader under the Developer's general liability insurance policies required by this Agreement, to provide the City with a defense and/or indemnify the City for any claim or cause of action, whether one or more, regardless of the proportionate responsibility or liability of the Developer or the City. Neither shall anything contained in this Section VIII be interpreted or applied as providing or otherwise entitling either Developer, Developer's insurance carrier or any other party any right or ability to recover over against City any amounts of money attributable to damages, costs, expenses and/or attorneys' fees based on or arising out of a finding of comparative or proportionate responsibility or liability as against the City it being understood and agreed that City in no way intends by this Agreement to waive its sovereign immunity regarding any claim, suit or cause of action. 3. All insurance policies shall be endorsed to the effect that City of Paris will receive at least thirty (30) days' notice in advance of the cancellation effective date of any policy of insurance that is cancelled by the insurance company for any reason other than nonpayment of premium. 4. All insurance policies shall be endorsed to the effect that City of Paris will receive at least ten (10) days' notice in advance of the cancellation effective date of any policy of insurance that is cancelled by the insurance company for nonpayment of premium or by Developer for any reason. C. All insurance shall be purchased from an insurance company that meets a financial rating of A- or better as assigned by A.M. Best Company or equivalent. d. The Developer shall notify City in writing at least thirty (30) days prior to Developer cancelling or making any material change to any coverage(s) provided in, or through, the insurance policies required under this Section 8.2. Failure by Developer to provide City the notice required hereunder may, in the sole discretion of City, be deemed a material breach of this Agreement. 8.2. Indemnification: The Developer 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 Developer, his agents, contractors, employees, or subcontractors; or on account of any negligent act or intentional wrongful act or omission of the Developer, his agents, contractors, employees, or subcontractors in the performance of said contract; or on account of the failure of the Developer's contractors to provide the necessary barricades, warning lights or signs; and Developer 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 Developer 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. IXI. Authority,to Contract 9.1 This Agreement was authorized by resolution of the City Council at its regularly scheduled meeting on the day of , 2024, authorizing the City Manager to execute the Agreement on behalf of the City. 9.2 This Agreement was entered into by Developer in its corporate capacity, and the person executing this Agreement on the behalf of Developer has the right and authority to so contract. 9.3 This Agreement shall constitute a valid and binding Agreement between the City and Developer when executed in accordance herewith. 9.4 Developer covenants and agrees that Developer is an independent contractor and not an officer, agent, servant or employee of City; that Developer 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 his officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Developer, his officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. X. Le al 10.1 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. 10.2 Assignability. This Agreement, except by operation of law, shall not be assigned or transferred by Developer, without the prior written consent of City, which consent shall be at the sole discretion of the City. 10.3 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: DEVELOPER: LT Wings, Inc. CITY: CITY OF PARIS, TEXAS Attn: City Manager P.O. Box 9037 Paris, TX 75461-9037 With a "y to: City Clerk, City of Paris, Texas (address same as above) 10.4 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. 10.5 Entire Agreement and Governing 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, Developer, and their respective successors, and permitted assigns, if any. 10.6 Venue. Venue for any actions arising under this Agreement shall lie exclusively in the courts of Lamar County, Texas. 10.7 Drafting. Developer 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. 10.8 Compliance with Laws. Developer agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Developer of any violation of such laws, ordinances, rules, or regulations, Developer shall immediately desist from and correct the violation. 10.9 Non -Discrimination Covenant. Developer, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Developer's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by Developer, its personal representatives, assigns, subcontractors or successors in interest, Developer agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 10.10 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. 10.11 Non -Waiver. The failure of the City or Developer 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 Developer's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 10.12 Force Maieure. The City and Developer 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. 10.13 No Waiver of Governmental IM Muni- ty. 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. 10.14 Mandatory Ownershin Disclosure Provision. Developer, 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 II m „paj_ _ . fIII mu�..�,s,state a sifiki hii ii um ll7 lll.:'�Ill lEf gpg i � Ili . 10.15 Mandato Anti -Bo colt and Other Provisions. Developer 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, Developer 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. Developer acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. ii. Pursuant to SB 13, 87th Texas Legislature, Developer 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. Developer acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iii. Pursuant to SB 19, 87th Texas Legislature, Developer 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. Developer acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iv. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Developer certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Developer acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. --Signature Page to Follow-- THE CITY OF PARIS, TEXAS Robert G. Vine, Interim City Manager LT WINGS, INC. 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 Robert G. Vine, Assistant 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 TEXAS § COUNTY OF LAMAR § This instrument was acknowledged before me on the day of 2024, by of LT Wings, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and who acknowledges his/her authority to execute this agreement. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 2024. Notary Public, Lamar County, Texas My commission expires Item No. 20 TO: Mayor, Mayor Pro -Tem, and City Council Robert Vine, Interim City Manager FROM: Gene Anderson, Finance Director SUBJECT: 2024 ATMOS RATE REVIEW MECHANISM (RRM) SETTLEMENT DATE: September 23, 2024 BACKGROUND: Atmos made a rate filing requesting $196.8 million dollars in additional revenues from its customers system wide. The rate increase request was reviewed by consultants for the Atmos Cities Steering Committee (ACSC) of which Paris is a member. STATUS OF ISSUE: The City must act by September 30, 2024. Limitations found in the Rate Review Mechanism used by Atmos to file for their rate increase reduced the Atmos request to $182.5 million. Negotiations between Atmos and ACSC resulted in further reducing the request to $164.7 million. The ordinance before the Council reflects the negotiated rates. This rate increase will cost the average residential customer $5.52 per month (6.84%). The average commercial customer will pay $13.39 more each month (3.44%). The effective date of the rate increase will be October 1, 2024. BUDGET: This will have minimal impact on the City budget. RECOMMENDATION: Motion to approve an ordinance and related attachments granting Atmos an increase in revenues as recommended by the Atmos Cities Steering Committee. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2024 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHMENT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of Paris, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid -Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of similarly -situated cities served by Atmos Mid -Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid -Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system -wide cost of serving the Atmos Mid -Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about April 1, 2024 Atmos Mid -Tex filed its 2024 RRM rate request with ACSC Cities based on a test year ending December 31, 2023; and WHEREAS, ACSC coordinated its review of the Atmos Mid -Tex 2024 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and 1 WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid -Tex of $164.7 million on a system -wide basis with an Effective Date of October 1, 2024; and WHEREAS, ACSC agrees that Atmos plant -in-service is reasonable; and WHEREAS, with the exception of approved plant -in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the attached tariffs (Attachment 1) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Attachment 2); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved and incorporated herein for all purposes. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $164.7 million on a system -wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid -Tex within the municipal limits arising from Atmos Mid-Tex's 2024 RRM filing, is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex's plant -in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid -Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment 1, are just and reasonable, and are designed to allow Atmos Mid -Tex to recover annually an additional $164.7 million on a system -wide basis, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section S. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Attachment 2, attached hereto and incorporated herein. 2 Section 6. That Atmos Mid -Tex shall reimburse the reasonable ratemaking expenses of ACSC in processing the Company's 2024 RRM filing. Section 7. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 8. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 10. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after October 1, 2024. Section 11. That a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid -Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, BY A VOTE OF _ TO ON THIS THE 23rd DAY OF SEPTEMBER, 2024. ATTEST:. Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Mihir Pankaj, Mayor 3 Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: R — RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF ... .... .......... EFFECTIVE DATE: Bills Rendered on or aft 10/01/2024 .... ..... after Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 22.95 per month Rider CEE Surcharge $ 0.05 per month' Total Customer Charge $ 23.00 per month Commodity Charge — All Ccf $0.58974 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE -Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2024. Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: C — COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF ....._.. _ .. _ e ­ __ EFF ......,.._. EFFECTIVE DATE: Bills Rendered on or after 1 010 1 /2 0 24 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 81.75 per month Rider CEE Surcharge $ 0.00 per month' Total Customer Charge $ 81.75 per month Commodity Charge — All Ccf $ 0.19033 per Cd Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company at iiu .l___i ...'yl:1d418Pt";II,cM�,Nd,dy;k�'.r wq' �wd.ua', �� j ti � -;, � � n��:l -��ru.. .. Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2024. Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 10101!2024 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 200 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 200 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,587.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.6553 per MMBtu Next 3,500 MMBtu $ 0.4799 per MMBtu All MMBtu over 5,000 MMBtu $ 0.1029 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Plaits Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION R-ASCHEDULE:....... �_----1 I NDUSTRIAL. S AL ... ES.._ _._ ....... TE _ APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 1010112024 ^ Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Presumption of Plant Protection Level For service under this Rate Schedule, plant protection volumes are presumed to be 10% of normal, regular, historical usage as reasonably calculated by the Company in its sole discretion. If a customer believes it needs to be modeled at an alternative plant protection volume, it should contact the company ...... T,. a...... n y .ni, at��:mw��,� ::�� �'%.����r �u:�:��l�:In�iaa:,�� :Ice���°re�� u7,��:��.0 ����, Attachment 1 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,587.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.6553 per MMBtu Next 3,500 MMBtu $ 0.4799 per MMBtu All MMBtu over 5,000 MMBtu $ 0.1029 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Attachment 1 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF E ....__.._..._ _ __ EFFECTIVE DATE: Bills Rendered on _ ..... ...... or afterml0/0112024 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey' is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment 1 Provisions for Adiustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Com utation of Weather Normalization Adjustment, The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA; = WNAFi x q;j Where qr is the relevant sales quantity for the jth customer in ith rate schedule. (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA; = WNAFi x q;j Where qr is the relevant sales quantity for the jth customer in ith rate schedule. Attachment 1 Base Use/Heat Use Factors Weather Normalization A..diustment iWNAI Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.52 0.1526 88.98 0.7485 Austin 8.87 0.1343 213.30 0.9142 Dallas 12.38 0.2024 185.59 1.0974 Waco 8.71 0.1219 130.62 0.7190 Wichita 10.20 0.1394 117.78 0.6435 Falls Weather Normalization A..diustment iWNAI Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Line 2 3 4 5 6 7 8 9 10 11 12 13 Attachment 2 ATMOS ENERGY CORP., MID-TEX DIVISION MID-TEX RATE REVIEW MECHANISM PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31, 2023 Pension Employment Pension Employment Executive Benefit Adjustment count PlanBenefit Plan Account Plan Benefit Plan Plan Total (b) www_ (c) (d) ........ (e) (f) (9) Proposed Benefits Benchmark - Fiscal Year 2024 Willis Towers Watson Report as adjusted $ 1,402,365 $ (1,146,665) $ 2,186,549 $ (4,070,086) $ 278,107 Allocation Factor _j5.93% 45.93% 82.00% 82.00% 100.00% Proposed Benefits Benchmark Costs Allocated to Mid -Tex (Ln 1 x Ln 2) $ 644,172 $ (526,717) $ 1,792,929 $ (3,337,394) $ 278,107 Capital and 100.00% ProMosed Benefits Benchmark Costs to A rave (Ln 3 x Ln 4) P Approve $ 644,10072 $ r526�07107) 8 1,792,929 $ (3,337 3941 $ 278,107 $ (1,148 903 u. O&M Expense Factor (WP_F-2.3, Ln 2) Summary of Costs to Approve: Total Pension Account Plan Total Post -Employment Benefit Plan Total Supplemental Executive Benefit Plan Total (Ln 10 + Ln 11 + Ln 12) 81.70% 81.70% 38.85% 38.85% 11.24% $ 526,315 $ 696,536 $ 1,222,851 $ (430,349) $ (1,296,547) (1,726,896) $ m..., 31..256 .... 31.,256 m. $ 526 315 $..._.............. 696,5316 --' 1 $ 31,256 $ i472,789� .,, (430,349' $ $ .1,296,547, Item No. 21 Memorandum TO: Mayor, Mayor Pro -Tem & City Council Robert Vine, Interim City Manager FROM: Janice Ellis, City Clerk SUBJECT: CHANGES FOR MEETING DATES IN NOVEMBER & DECEMBER DATE: September 23, 2024 BACKGROUND: Normally in November and December, the second City Council meetings of the month are cancelled, due to the holidays and accompanying conflicts in scheduling. STATUS OF ISSUE: According to the regular meeting schedule, City Council meetings are scheduled for November 11 (Veterans Day), November 25 (the week of Thanksgiving), December 9, and December 23 (the week of Christmas). Option 1: Cancel November 11, November 25 and December 23 meetings. Option 2: Cancel the November 11 & 25 meetings and reschedule into one meeting for Tuesday, November 12; and cancel the December 23 meeting. This would result in one meeting for November and one meeting for December BUDGET: N/A RECOMMENDATION: Staff recommends Option 2. Memorandum Item No: 22 TO: Mayor, Mayor Pro Tem and City Council Interim City Manager, Rob Vine FROM: Osei Amo-Mensah, Director of Planning & Community Development Liaison to TIRZ Board SUBJECT: Consider and approve expenditure of $20,000.00 from the TIRZ No. 1 fund for the retention of a consultant to assist the Board with strategies for reviewing and possibly amending the Project and Financing Plans for TIRZ No. 1, and possibly take action. DATE: September 23, 2024 BACKGROUND: During the special meeting of the TIRZ Board on Thursday, March 28, 2024, the members agreed that a consultant should be hired to assist the board with strategies for reviewing and possibly amending the project and financing plans for TIRZ No. (1). On Thursday, June 13, 2024, at the TIRZ Board Meeting, a sub -committee for the TIRZ board was created to review and select a consultant to assist the board with strategies for reviewing and possibly amending the Project and Financing Plans for TIRZ No. 1. The Sub -committee of the TIRZ Board convened on Thursday, August 29, 2024, as it was tasked to find a consultant to assist the board with strategies for reviewing and possibly amending the Project and Financing Plans for TIRZ (No. 1.) and selected Forked Pine Consulting. The TIRZ Board Sub -committee deliberated on two finalist consultants: 1. Forked Pine Consulting. 2. Jeff Snowden - Capex Consulting Group. Copies of the proposal document by each consultant were emailed to the TIRZ Board members on Friday, August 23, 2024, per the request of Chairman Cody Head during the August 8, 2024, meeting. STATUS OF ISSUE: On Thursday, September 12, 2024, the TRIZ Board met at its regular meeting to discuss the above item and unanimously voted to accept the selected consultant (Forked Pine Consulting with a consulting service fee cap at $20,000.00) based on the TIRZ Board Sub -committee's recommendation. While the law vests authority in the TIRZ board to make decisions such as choosing and retaining consultants, state law and the TIRZ No. 1 Bylaws require that City Council approve all expenditures from the TIRZ fund. BUDGET: The consultant's proposal for the consulting service cap is at $20,000.00 and will be paid from the TIRZ fund. Consequently, there is no impact to the City's budget. OPTIONS: 1. The City Council may vote to accept the TIRZ Board's expenditure for hiring Forked Pine Consulting. 2. The City Council may reject the TIRZ Board's expenditure for hiring Forked Pine Consulting and request for another Proposal. RECOMMENDATION: The TIRZ Bylaws Article 1, Section 2. ".... The City Council must approve all programs and expenditures for the Zone and annually review any financial statements of the Zone." The TIRZ Board recommends that the City Council should approve the consulting service fee cap of $20,000.00 for Forked Pine Consulting. Paris TIRZ Review and Education Proposal Statement of Work Executive Summary: Using a combination of in-person and teleconference meetings, along with written summaries and other documentation, we would educate stakeholders in Paris about the basics and best practices of oversight, planning, and finances of their TIRZ. We would also provide a comprehensive review of the financial performance of the existing TIRZ #1, comparing projected to actual revenue, a discussion of the allowed uses of TIRZ funds under the current regulations, and detailed documentation about how to stay compliant, how to modify the existing TIRZ, create a new TIRZ, and tools to model various scenarios for the TIRZ. We would also provide initial guidance in the form of checklists and implementation guidelines to help the Paris TIRZ Board and City Council if they choose to modify or create a TIRZ. I::::1roce Overview". Review IRh s ...... Il: xu.st.in g 1::::1aHs TllRZ #1C. Forked Pine will review the existing Paris TIRZ #1, including the specific items below: • TIRZ Financial Performance o Verify tax base assumptions and inputs o Calculate increment growth o Compare actual growth to projected growth o Provide root cause analysis to determine sources of difference, if any, between projected growth and actual growth • Compliance Review o Review and reporting of all submitted documents required by Texas Code 39§311 "Tax Increment Financing Act" o If any documents are missing, list the missing documents and provide information on how to complete and submit Ongoing TIRZ administration documents o Checklists for annual reporting requirements o Flowcharts and timelines for any required reporting, and sample internal reporting documents o An updated spreadsheet to track anticipated TIRZ revenue by parcel An easy to update model of the Paris TIRZ #1 to be used by the Board and staff for projecting future impacts and to determine costs for potential economic development incentives offers Phase 2 — Education and Outreach In-person meetings — We propose 2 visits to Paris/Lamar County to hold in-person education sessions. The first visit could involve meetings with City and EDC staff for education on TIRZ basics, as well as meetings with existing and newly appointed Paris TIRZ #1 Board of Directors, ensuring a complete and consistent understanding of how a TIRZ works, the duties and responsibilities are for Board members. Other topics would include potential additional participating taxing jurisdictions and eligible uses of TIRZ funds. The second visit, at the discretion of the Board, anticipates public education sessions to provide information to interested parties and the public as well as follow ups with Board and staff to answer specific questions or to explore specific areas of TIRZ administration in more detail. Virtual meetings - We are also available for additional telephone calls and/or teleconference meetings during the term of our agreement to provide extra opportunities for education and explanations. While we recognize that remote learning isn't as effective as in-person, we also understand scheduling may be challenging for some and we would offer this option to increase availability to anyone interested in TIRZ. Deliverables - Include all the documentation created in Phase 1, including any presentations, spreadsheets, FAQ/Q&As, checklists and flow charts depicting the process, and the resource manual as described previously. o We will also provide a resource manual with the enabling legislation, sample resolution Language, form contracts, application documents, administrative procedures, and program guidelines to ensure the ability to proceed in establishing or modifying a TIRZ, should the Board choose to. Co rir"Ir Igoe Imes ho ii For providing the above outlined services and written documentation, we propose the following: ...._ProfessionalServices Fe.....� ��.. ...� e $20,000 Travel- maximum amount for contract ......0 $5 000 -Additional Professional Services: Joe Denney $20 y 0/hour Additional Professional Services — Cheryl Denney $50 ._...�.... v.. 0/hour Travel would be reimbursed and would be limited to Economy Plus on United Airlines or Business Select on Southwest Airlines, large sedan or equivalent rental car, and a 3 star or equivalent hotel. Any upgrades or costs more than the allowable under Texas law or the policies of the City of Paris will be borne by Forked Pine. Additional services would be by written addendum to the executed agreement, signed by both parties in advance of additional services being provided. The specific deliverables are listed below: Final Excel spreadsheet detailing findings of comparative review of the TIRZ from inception to 7/1/2024. Root Cause Analysis of any differences between the projections and the actual performance of the TIRZ. Compliance review summary showing all the required documentation submitted compared to statutory a regulatory reporting requirements and detailing any discrepancies. Reporting and Administration Plan This would include checklists and timelines for submission of reporting along with sample docume An Excel spreadsheet designed specifically for Paris TIRZ #i to allow staff to model anticipated TI cashflows iii. An Excel spreadsheet designed for economic development professionals and staff to model the co and potential impacts to the TIRZ for any proposed future TIRZ transactions. Copies of electronic presentations developed for the Paris TIRZ Board, completely editable and with copyright belonging to the Paris TIRZ Board. Additional Professional Services — we provided these prices in the event the Board chooses to engage us activities beyond the scope of this engagement. For the services described in the proposal and further clarified above, we are capping our fee at $20,00o. These hourly values are only in the event there is inte in utilizing our services outside of the scope of this proposal. Examples of additional services we've been asked to provide in previous engagements: drafting regulator, municipal code language for the Board or Council, economic modeling of non-TIRZ incentives, significant media, or public relations activities, planning for additional TIRZ or amending the existing TIRZ, and activit related to remediating any missing reporting documents. Since we have no information currently regarding any need or use case for the additional hourly rate, we are unable to provide a cap for those rates. We wo provide an estimate of time and cost in the event the Board would like to expand the scope of the engagement prior to commencing the new work and would get approval before beginning.