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, October 14, 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
htt os://,,,aristea;ov/public. The matters to be discussed and acted upon are as follows:
Opening Agenda
1. Call meeting to order.
2. Invocation.
3. United States Pledge of Allegiance & Texas Pledge of Allegiance.
4. Citizens' forum.
(Persons desiring to address the Council must limit their presentation to no more than two minutes. Unless
an item is posted on the Agenda, the Texas Open Meetings Act prohibits the Council from responding to any
comments other than to refer the matter to a future agenda, to an existing policy, or to a staff person with
specific factual information. Claims against the City, Council Members, or employees, as well as individual
personal appeals are not appropriate for citizens' forum.)
If necessary, the City Council may convene into Executive Session under Chapter 551 of the Texas
Government Code regarding any item on this agenda.
Consent Agenda
Items on the Consent Agenda are approved by a single action of the Council, with such approval applicable
to all items appearing on the Consent Agenda. A Council Member may request any item to be removed from
the Consent Agenda and considered as a separate item.
5. Approve minutes from the meeting of September 23, 2024.
6. Receive reports and/or minutes from the following boards and commissions:
a. Paris Visitors & Convention Council (8-19-2024)
b. Civic Center Board (7-11-2024)
c. Paris Lamar County Board of Health (4-15-2024)
d. Traffic Commission (7-8-2024)
e. Planning & Zoning Commission (9-5-2024)
f. Main Street Advisory Board (9-10-2024)
g. Historic Preservation Commission (9-11-2024)
7. Receive August Monthly Financial Report.
8. Receive August & September ditch maintenance reports.
9. Receive monthly code enforcement reports.
10. Approve a lease agreement (lease to purchase) with Avfuel for an Avgas Truck for the Cox
Field Airport for a monthly lease of $650.00; and authorize the Interim City Manager to
execute all necessary documents.
11. Approve a Resolution authorizing an application for Homeland Security Grant Program
for a grant in the amount of $18,361.00; and authorize the Interim City Manager to execute
all necessary documents.
Regular Agenda
12. Continue the public hearing, discuss and act on an Ordinance creating the Forestbrook
Public Improvement District No. 1 relating to the Forestbrook housing development
project.
13. Discuss and act on a Resolution approving a Development Agreement between the City of
Paris and Lone Star Planned Developments, LLC relating to the Forestbrook housing
development project.
14. Discuss and act on a Dissolution Agreement related to the Forestbrook Public Improvement
District No. 1.
15. Receive presentation from Rea Allen of COG, discuss and act on a Resolution approving
the Lamar County Sheriff's Office to receive calls as a secondary Primary Public Safety
Answering Point "PSAP."
16. Discuss and authorize the Interim City Manager to execute a ground lease agreement with
LT Wings for construction of a private hangar (Hangar No. 1) at Cox Field Airport.
17. Discuss and authorize the Interim City Manager to execute a ground lease agreement with
LT Wings for construction of a private hangar (Hangar No. 2) at Cox Field Airport.
18. Discuss and authorize the Interim City Manager to execute a ground lease agreement with
LT Wings for construction of a private hangar (Hangar No. 3) at Cox Field Airport.
19. Discuss and authorize the Interim City Manager to execute a ground lease agreement with
LT Wings for construction of a private hangar (Hangar No. 4) at Cox Field Airport.
20. Discuss and authorize the Interim City Manager to execute a ground lease agreement with
LT Wings for construction of a private hangar (Hangar No. 5) at Cox Field Airport.
21. Discuss and authorize the Interim City Manager to execute a ground lease agreement with
LT Wings for construction of a private hangar (Hangar No. 6) at Cox Field Airport.
22. Discuss and authorize the Interim City Manager to execute a ground lease agreement with
LT Wings for construction of a private hangar (Hangar No. 7) at Cox Field Airport.
23. Discuss and authorize the Interim City Manager to execute a ground lease agreement with
LT Wings for construction of a private hangar (Hangar No. 8) at Cox Field Airport.
24. Discuss and authorize the Interim City Manager to execute a ground lease agreement with
LT Wings for construction of a private hangar (Hangar No. 9) at Cox Field Airport.
25. Discuss and act on an Ordinance amending Article 12.04, "Solid Waste," of Chapter 12,
"Utilities," of the City of Paris Code of Ordinances.
26. Discuss and act on a Resolution repealing Resolution No. 2023-013 which authorized the
Paris Police Department to pay a hiring incentive of $10,000.00 to newly hired Paris Police
Officers.
27. Discuss and act on an Ordinance establishing school zone speed limits on certain portions
of certain streets and highways and public places in the City of Paris; Amending Traffic
School Zone Speeds in Chapter 11.02.005; establishing days and times when school zone
speed limits will be in effect.
28. Discuss and act on appointment of Abigail Frank to serve the unexpired term of Kelvin
Hicks on the Library Advisory Board.
29. Discuss and act on a Council Liaison appointment to the Main Street Advisory Board.
30. Receive presentation and discuss engaging the services of a grant writer for lobbying on
behalf of the City.
31. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
32. Adjournment.
Certification
I certify that the above notice of meeting was posted on the bulletin board in the City Hall Annex, 150 First
St. SE, Paris, Texas and on the City's website at www.paristexas.gov, no later than 5:30 p.m. on October 11,
2024.
Janice Ellis, City Clerk
S ecial 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 aparistexas.gov for assistance.
Item No. 5
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
September 23, 2024
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
September 23, 2024, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas.
Present: Mayor: Mihir Pankaj
Council Members: Shatara Moore, Mickey Ellis, 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; Todd Mittge, City
Engineer; Danny Rowell, Interim Utilities
Director; Paul Strahan, Airport Manager and Clyde
Crews, Fire Marshal
Absent: Mayor Pro -Tem: Gary Savage
Council Member: Rebecca Norment
O enin � A Benda
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 — he said he liked that the Council wanted to hear citizens'
opinions, and he was glad they increased the police officers' pay.
Markel Hill — he complained about the turns and curb on Lamar Avenue, and said there
needed to be signage there.
Regular Council Meeting
September 23, 2024
Page 2
Consent A Benda
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 Ellis. Motion carried, 5 ayes
— 0 nays.
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 (6-25-224 & 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 & Standards Commission (8-19-2024)
7. Receive July monthly financial report.
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 40362 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. 7ffi & 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 he 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 Council Meeting
September 23, 2024
Page 3
Regular Agenda
16. Receive a presentation from CARDS about the solid waste collection process and
progress.
Jason Fitzgerald of CARDS gave an update on the roll out of the trash carts and
dumpsters. He said there were a lot more carts and dumpsters needed than was the original
number. Mr. Fitzgerald answered questions from the City Council. Mayor Pankaj said Council
had gotten a lot of phone calls and e-mails about their service. In addition, he said Council
should not have to learn from social media when citizens on a street did not get their trash picked
up, and that they needed better communication. Mayor Pankaj said he wanted the Council to
receive weekly reports from CARDS. Mayor Pankaj also said he wanted Public Information
Officer Jon McFadden to be the point of contact. Council Member Moore said as a business
owner, she had experienced a problem at her business, she called CARDS and it was taken care
of it, and she wanted to give a kudos to CARDS.
17. Discuss and act on RESOLUTION NO. 2024-042: 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.
PEDC Director Maureen Hammond said last month in executive session they talked
about amending this agreement to extend the completion deadline from December 31, 2023 to
December 31, 2024.
A Motion to approve this item was made by Council Member Ellis and seconded by
Council Member Kessel. Motion carried, 5 ayes — 0 nays.
18. Discuss and act on ORDINANCE NO. 2024-033: 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.
City Attorney Stephanie Harris said sometime between 1999 and 2000, City Council
decided to reduce the number of commissioners from nine to seven; however, did not formally
make the change with an Ordinance. She recommended they adopt an amendment to reflect the
number of commission from nine to seven and reduce the number of members needed for a
quorum from five to four.
Regular Council Meeting
September 23, 2024
Page 4
A Motion to approve this item was made by Council Member Putnam and seconded by
Council Member Moore. Motion carried, 5 ayes — 0 nays.
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 Manager to execute all
necessary documents.
Airport Manager Paul Strahan reported that LT Wings, LLC was proposing the
construction of multiple private hangars at Cox Field Airport but prior to construction of these
hangars, it was necessary to have an access road built. Mr. Strahan said LT Wings, LLC was
willing to cover the entire cost of this project and building necessary access roads, in order to be
able to construct nine private hangars. Mr. Strahan said City Staff would be utilized to install
utility lines and fire hydrants, and this project would generate future revenue for the airport with
ground leases and potential fuel sales.
A Motion to approve this item was made by Council Member Kessel and seconded by
Council Member Ellis. Motion carried, 5 ayes — 0 nays.
20. Discuss and act on ORDINANCE NO. 2024-034: 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.
Finance Director Gene Anderson said Atmos made a rate filing requesting $196.8 million
dollars in additional revenues from its customers system wide. He also said the rate increase
request was reviewed by consultants for the Atmos Cities Steering Committee (ACSC) of which
Paris was a member. He reported the City must act by September 30, 2024. Mr. Anderson
explained the Ordinance reflected the negotiated rates would increase the average residential
customer $5.52 per month, and would have minimal impact on the City budget.
A Motion to approve this item was made by Council Member Putnam and seconded by
Council Member Moore. Motion carried 5 ayes — 0 nays.
Regular Council Meeting
September 23, 2024
Page 5
21. Discuss and act on meeting dates in November and December.
City Clerk Janice Ellis said ordinarily the City Council cancels the second meetings in
November and December because of holidays and scheduling conflicts. She also said the first
meeting in November fell on Veterans Day, which was a holiday. Ms. Ellis said staff
recommended cancelling the November 11 and 25 meetings, rescheduling into one meeting for
Tuesday, November 12; and cancelling the December 23 meeting which would result in one
meeting in November and one meeting in December.
A Motion to approve Staff s recommendation was made by Council Member Putnam and
seconded by Council Member Moore. Motion carried, 5 ayes — 0 nays.
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.
Planning Director Osei Amo-Mensah said during the TIRZ special meeting on 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. He said a
sub -committee for the TIRZ Board was created to review and select a consultant. Mr. Amo-
Mensah said the sub -committee deliberated on two finalist consultants based on proposals, and
the Board unanimously voted to select consultant Forked Pine Consulting with a consulting fee
cap at $20,000.00. He also said that the TIRZ No. 1 Bylaws required that City Council approve
all expenditures from the TIRZ Fund.
A Motion to approve the expenditure to hire Forked Pine Consulting was made Council
Member Kessel and seconded by Council Member Moore. Motion carried, 5 ayes — 0 nays.
23. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081..
None were referenced.
24. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Moore and seconded by Council Member Ellis. Motion carried, 5 ayes - 0 nays. Mayor Pankaj
adjourned the meeting at 6:22 p.m.
MIHIR PANKAJ, MAYOR
JANICE ELLIS, CITY CLERK
Item No. 6
MINUTES OF THE PARIS VISITORS AND CONVENTION COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
August 19, 2024
The Paris Visitors and Convention Council of the City of Paris met for a regular session at 4:00 p.m. on
August 19, 2024, at the Lamar County Chamber of Commerce board room, 8 West Plaza, Paris, TX.
Present: Board Members: Bradley Hilliard, Brandon Kellum, Ryan Whitaker, Russell Jackson, Sherrie Holbert,
Brittany Miller, Trey Glascock, Bryan Hargis, Bud Mistry, Cody Head, Chadlee Johnston and Monica Clement.
City Representatives: none
Absent: Board Members: Eric Guillot and Thomas McMonigle.
1. Call meeting to order.
Chadlee Johnston called the meeting to order at 4:00p.m.
2. Citizens' Forum. Welcome new board member, Brandon Kellum.
There was no one present for the citizen's forum.
3. Approve minutes from the meeting of June 25, 2024. A motion to approve was made by Brad Hilliard
seconded by Monica Clement. Motion carried. 11 ayes, 0 nays.
4. Receive financial report from June and July 2024, by Paul Allen. A motion to approve was made by Trey
Glascock, seconded by Brad Hilliard. Motion carried. 11 ayes. 0 nays.
5. Discuss and act on funding request for Paris Body Expo, August 16-18, 2024. Based on the scoring criteria
a motion to approve $1975 was made by Ryan Whitaker, seconded by Bud Mistry. Motion carried. 11
ayes. O nays.
6. Discuss and act on funding request for Smoke on the Water Boat Race, September 13-15, 2024. Based on
the scoring criteria a motion to approve $1950 was made by Trey Glascock, seconded by Cody Head. Motion
carried. 11 ayes. O nays.
7. Discuss and act on funding request for Paris Pair Marathon, September 21, 2024. Based on the scoring
criteria a motion to approve $2375 was made by Brad Hilliard, seconded by Bryan Hargis. Motion carried.
11 ayes. O nays.
8. Discuss and act on funding request for Mannequin Night, October 19, 2024. Based on the scoring criteria a
motion to approve $2300 was made by Ryan Whitaker, seconded by Brittany Miller. Motion carried. 11
ayes. 0 nays.
9. Discuss and act on funding request for River Red Horror Fest, October 19-20, 2024. Based on the scoring
criteria a motion to approve $2000 was made by Trey Glascock, seconded by Monica Clement. Motion
carried. 11 ayes. 0 nays.
10. Paul Allen stated that the Paris games was a success and will happen next year. This weekend is drag boat
races. BBQ event has 20 teams and the 281 Square Dance convention is coming Labor Day weekend.
11. Paul Allen asked for us to move $10k from marketing to funding. A motion to approve was made by Russell
Jackson, seconded by Chadlee Johsnton. Motion carried. 11 ayes, 0 nays.
12. Adjournment.
Paris Visitors and Convention Council Meeting
August 19, 2024
Page 2
There being no further business, A Motion to adjourn was made by Board Member Ryan Whitaker, seconded
by Board Member Bradley Hilliard. Motion carried, 11 ayes — 0 nays. Paul Allen, Chamber President
adjourned the meeting at 4:25 p.m.
Paul Allen, Chamber President
MINUTES OF THE LOVE CIVIC CENTER BOARD MEETING
OF THE CITY OF PARIS, TEXAS
July 11, 2024
The Love Civic Center Board of the City of Paris met for a regular session at 12:15 p.m. on Thursday, July
11, 2024, at the Love Civic Center, 2025 S. Collegiate.
Present: Board Members: Russell Jackson, Peggy McClaren, Gary Flynn, Angie Briscoe,
Lauren Wilson, Brittany Chaidemenos, Levi Graham, Robert Staples, Brittany
Johnson, Brad Ramsey, Ashley Green, and Owen Jobe.
City Representatives: None.
Absent: Board Members: Scott Avery, Trey Peeples, Wally Kraft and Hunter Jones.
Call meeting to order.
Robert Staples, Chairman, called the meeting to order at 12:12 p.m.
2. Citizens' Forum.
No one present.
3. Approve minutes from the meeting of May 2024, a motion to approve this item was made by, Levi Graham,
seconded by Robert Staples, motion carried, 12 ayes, 0 nays.
4. Receive financial report from Russell Jackson, a motion to approve this item was made by Peggy McClaren,
seconded by Robert Staples. Motion carried, 12 ayes, 0 nays.
5. Paul Allen stated that the roof work is almost complete. Replacing tiles to see if it leaks again. AC bid by
Jamar was for $12,200 — 5 -ton unit. Also, round tables were budgeted for the new budget year. A motion to
approve was made by Angie Briscoe, seconded by Owen Jobe, motion carried, 12 ayes, 0 nays.:
Adjournment.
There being no further business, A Motion to adjourn was made by Board Member Ashley Green, seconded
by Board Member Angie Briscoe. Motion carried, 12 ayes — 0 nays.
Robert Staples adjourned the meeting at 12:22 p.m.
Robert Staples , Chair
Paris—Lamar County Health District
400 West Sherman Street, Paris. Texas 75460-5646
�n
Health District: (903) 7854561 and Fax: (903) 737-0978
Women, Infant and Children (WIC); (903) 784-1411 end Fax: (903) 784-1442
www, a� _nslamerheaNh.com
Paris -Lamar County Board of Health Re &ular Meetin
The Paris -Lamar County Board of Health held a regular session on
Monday, April 151h, 2024.
_...........
Board Members Name - ........
.....�..
In Attendance
�..
Attendance
Not in At
Ms. Susan Bellene
x......__
..
Ms. Susan Davis
x
Dr. Bart Hays
x
Dr. Amy Hughes
Dr. Myers Hurt III
x
Ms. Mitzie Pirtle
x
Dr. Ru...._ssell Putnam
x
Others in Attendance were -..
:.._
Ms. Gina Prestridge, Executive Director
x
aa.a...._ _ _..............
Ms. Cheryl King, Administrative Assistant
x
Ms. Caressha Milton, Inspector
x
Dr. Putnam called the meeting to order in open session at 5:25 p.m.
Dr. Hughes made a motion and was seconded by Dr. Hurt to convene into open
session.
Motion carried. 6 yays, 0 nays.
Dr. Hughes made a motion and was seconded by Dr. Hurt to approve prior
meetings minutes.
Motion carried. 6 yays, 0 nays.
Ms. Prestridge and Ms. Milton advised the board members about an opening
records request from Leslee Rawson requesting copies of Load Trails septic
designs. Ms. Milton has three (3) sets to be emailed to Salesnetxdlsposal.com.
Also, Ms. Prestridge and Ms. Milton advised the board that they had also received
Paris - Lamar County Board of Health Members
Chairman - Dr. Walker Putnam Vice -Chairman - Dr. Myers Hurt III (_.=:.=oA.:o:=:o:.. A-1) Secretary - Susan Bellene got..=on,=on.
=o::=n,w, Mitzie Pirtle Susan DaVIS (=nu.=a:s=a:saa:r-ne.) Dr. Amy Hughes,==-xass,w:�=o=e-r O Dr. Bart Hays c:�=.:o:.,:�.=.=.-x.•v
an open records request from Ricky Cooper and Marty Scott requesting septic
information about Henry Duncan's property located at 3490 Tigertown Road,
Paris, Texas. Ms. Prestridge and Ms. Milton have met and talked to Mr. Cooper
and Mr. Scott on several occasions. Mr. Duncan had a system installed while Ms.
Milton was on vacation. Originally, Mr. Duncan submitted paperwork from the
Lamar County Appraisal District with legal description stating he had 0.527 acres
at the above-mentioned location, however, upon the return of Ms. Milton from
vacation, it was discovered that he in fact only had 0.356 acres. There has been
certified mail sent over to Mr. Duncan, however the individual didn't accept the
mail or contact our office to discuss the matter. Ms. Prestridge provided the
members with the agreed order showing where all non-compliant OSSF facilities
are turned over to the Justice of Peace courts for further prosecution. The Paris
Lamar County Health District does not have the authority to remove the system
for non-compliance nor are we able to have water disconnected to the residence.
Further action would require a civil suit be filed by Mr. Scott and/or Mr. Cooper.
Dr. Hurt made the motion and was seconded by Dr. Hughes for Ms. Prestridge to
open a Certificate of Deposit with First Federal Community Bank in the amount of
$200,000. For 9 months (or less).
Dr. Russell Walker Putnam, Ms. Gina Prestridge, Ms. Cheryl King and Ms. Emily
Neeley will be the only signers of the First Federal accounts, including the
Certificate of Deposit (see attached signed letter from board members and copy
of driver's license from each authorized signer).
Dr. Amanda Green, Carol Hill and Anita Justiss will be removed as an authorized
signer on the First Federal Accounts. (see attached signed letter from board
members).
Ms. Bellene reviewed and approved the First Federal bank statements ending in:
• February 2024 and
• March 2024
Ms. Pirtle will review at the next meeting.
Ms. Prestridge advised that the Paris -Lamar County Health District total liabilities
and equity is approximately $3,100,000.
Next gMARTERLY meeting will be either
Monday, July 15, August 19, or September 1611, 2024 @ 5:30 p.m.
Paris - Lamar Count Board of Health Members
Chairman - Dr. Walker Putnam c=uz mama --m-) Vice -Chairman -Dr. Myers Hu11 rhes2p 5.ZM$ ao sau:o-Secretary Hart Susan Bellys e.nernj :.22.2 �. i
207 .me) Mitzie Pirtle (2m.am3.:m3:0HF� 4 Susan Davis c2on msao m:.�. n-,) A Hughes F
Dr. Hughes made the motion and was seconded by Dr. Hurt for the meeting to be
adjourned at 5:49 p.m.
Motion carried. 6 yays, 0 nays.
Ressppe�ctf'u'lly submitted by:
C(W4
At the July 15, 2024, Board of Health Meeting, Susan Davis made the motion and was seconded by Mitzie Pirtle for the PLCHD board approved April 15'k,
20U minor sg to be submltt(d tQ the Cf Clerk in the City Hall Annex, located at 150 S.E. 1"' Street, Paris, Texas, for filing.
Motion carried 4 yzp ami 0 nays.
Paris -Lamar Coun Board of Health Members
Chairman - Dr. Walker Putnam tem. 0=3.2033.202WIMI) Vice -Chairman -Dr. Myers Hurt 111 cm=2.20=a20="-=0=a.e 1) Secreta Susan Bell ene (20s
202"•2,ron Mitzie Pirtle (202".=0=3.=0133020=rm.11 Susan Davis mea=026.=0=5-m0 nwi Dr. Amy Hughes (=0:=="2s, 202s.:0=0.r0vn Dr. Bart Hays (2@3.20=0.20=4,2020.riwq
Minutes
Traffic Commission
City of Paris
The Traffic Commission met on Monday July 08, 2024 at 5:15 P.M. in the
Municipal Courtroom with the following members present:
1.
Wendell Moore
2.
Sandi Kear
3.
John Darst
4.
Eric Guillot
The city staff was represented by Asst. Chief Randy Tuttle.
Sandi Kear called the meeting to order at 5:29pm. A quorum was established
with four members present.
Ms. Kear then moved to item #2 regarding approval of minutes from the August
01, 2023 meeting. Mr. Guillot made a motion to approve the minutes and the
second was made by Mr. Moore. Motion passed 4-0.
Ms. Kear then moved to item #3 regarding the discussion and possible action
concerning a change in school zone speed limit for Paris ISD campuses. Mr.
Tuttle informed members that Paris ISD recently approved a change to a four-
day instructional period which requires a change in the start and dismissal times
for each school. Mr. Tuttle presented an Exhibit A outlining the change of times
for school zone speed limits at each campus. After discussion Mr. Darst made a
motion to recommend the City Council change the times of school zone speed
limits for each Paris ISD campus as presented in Exhibit A. A second was made
by Mr. Guillot and motion passed 4-0.
Ms. Kear then moved to item #4 regarding the discussion and possible action
concerning an addition of a school speed zone and change in school zone speed
limit for North Lamar ISD campuses. Mr. Tuttle informed members that North
Lamar ISD recently approved a change to a four-day instructional period which
requires a change in the start and dismissal times for each school and an
additional school speed zone will need to be added on North Lamar Parkway for
the new Intermediate school which will open at beginning of 2024-25 school year,
Mr. Tuttle presented an Exhibit A outlining the change of times for school zone
speed limits at each campus. After discussion Mr. Guillot made a motion to
recommend the City Council change the times of school zone speed limits for
each North Lamar ISD campus and establish a new school speed zone on North
Lamar Parkway as presented in Exhibit A. A second was made by Mr. Moore and
motion passed 4-0.
Ms. Kear then moved to item #5 regarding the discussion and possible action
concerning a change in school zone speed limit for Chisum ISD campuses. Mr.
Tuttle informed members that Chisum ISD recently approved a change to a four-
day instructional period which requires a change in the start and dismissal times
for each school. Mr. Tuttle presented an Exhibit A outlining the change of times
for school zone speed limits at each campus. After discussion Mr. Darst made a
motion to recommend the City Council change the times of school zone speed
limits for each Chisum ISD campus as presented in Exhibit A. A second was
made by Mr. Guillot and motion passed 4-0.
Ms. Kear then moved to item #6 concerning old business. Mr. Tuttle informed
members that TXDOT had begun the median project on Lamar Avenue.
Ms. Kear then moved to item #9 concerning future agenda items. There was
none.
At 5:45pm Ms. Moore made a motion to adjourn the meeting. A second was
made by Mr. Guillot and motion carried 4-0.
Chairperson: ....
��w.... Date:. ��..-a.
1
MINUTES OF THE PLANNING & ZONING COMMISSION MEETING
OF THE CITY OF PARIS, TEXAS
SEPTEMBER 0S, 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, Larry Walker, Robert Spain,
Chad Lindsey
City Representatives: Osei Amo-Mensah, Director Planning & Community
Development; Triniti Frazier, Community Development
Coordinator, Todd Mittge, Engineer; Clyde Crews, Fire
Marshal; Stephanie Harris, City Attorney; Rudy Kessel, City
Council
Board Member(s) Absent: Clifton Fendley
1. Vice -Chairman Chance Abbott called 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 against the City, Council Members, or employees, as well as individual personal
appeals are not appropriate for the citizens' forum.)
The citizens' forum was declared open. With no one speaking the citizens' forum was
declared closed.
3. Approve minutes from the meeting of August 05, 2024.
A Motion to approve the minutes was made by Board Member Chad Lindsey and seconded
by Board Member Adam Bolton. Motion carried, 5 ayes — 0 nays.
4. Consideration of and action on the Final Plat of the Ricardo Ramirez Estates Addition, Lot 1,
LCAD 15973, located at 610 W Austin.
Todd Mittge states this applicant is looking to build a multi -family structure on this parcel.
Staff recommends approval with the condition for the minimum finished floor elevations to
be shown on the plat.
A Motion to approve the final plat with condition was made by Board Member Chad
Lindsey and seconded by Board Member Adam Bolton. Motion carried, 5 .ayes — 0 nays.
5. Consideration of and action on the Final Plat of the River Oaks Subdivision Phase 1I, Lots 1,
2, 3, Block .B, LCAD 403262 and 104885, located in the 3000 Block of Aikin Dr.
Todd Mittge states the applicant plans to build on single-family home Aikin Dr. Staff
recommends approval with one condition for the finished floor elevations to be shown. The
rest of the plat looks good.
A Motion to approve the final plat with condition was made by Board Member Chad
Lindsey and seconded by Board Member Robert Spain. Motion carried, 5 ayes — 0 nays.
6. Consideration of and action on the Final Plat of the Rodriguez 98 Addition, Lot 1, LCAD
15469, located at NW 7`' & Henderson.
Todd Mittge states that staff recommends approval of the final plat for single-family
construction with no conditions.
A Motion to approve the final plat was made by Board Member Chad Lindsey and
seconded by Board Member Larry Walker. Motion carried, 5 ayes — 0 nays.
7. Consideration of and action on the Preliminary Plat of The Ranches at Twin Lakes Addition,
Lots I - 59, LCAD 71680, 71923, 715679, 70238, 70240 and 403541, located in the ETJ.
Todd Mittge states that according to county codes and city ordinance, plats in the ETJ are
required to follow our city process. Staff recommends approval of the preliminary plat with
no conditions, and it will be sent to the county commissioners court after P&Z
recommendation and city council approval.
A Motion to approve the preliminary plat made by Board Member Chad Lindsey and
seconded by Board Member Larry Walker. Motion carried, 5 ayes — 0 nays.
8. Consideration of and action on the Final Plat of the of The Ranches at Twin Lakes Addition,
Lots 1 - 59, LCAD 71680, 71923, 715679, 70238, 70240 and 403541, located in the ETJ.
Todd Mittge states this is the final plat brought before the planning commission for
recommended approval and then it will go on to city council before taking it to the county
commissioner's court. Larry Walker asked if the minimum finished floor elevations need to
be shown on this plat. Mittge responded that due to the nature of the subdivision ordinance
we cannot hold the county to the elevation's requirement. The commissioners court may
bring that up when they review it. Staff recommends approval without conditions.
A Motion to approve the final plat made by Board Member Chad Lindsey and seconded
by Board Member Larry Walker. Motion carried, 5 ayes -- 0 nays.
9. Discuss the composition of the Planning & Zoning Commission.
Osei Amo-Mensali states that some time back the composition of the planning commission
was made up of nine members and over time the city manager reduced the number to seven.
The challenge at the time may have been difficulty to fill the board. However, at this time
with the high. level Of 011thUSiaSM for service and other boards have been filled at this time
he recomniends, and states that it is appropriate at this time to consider raising the number
back tip to nine commissioners instead. of seven. Larry 'Walker asked if the concern was
that the quorum was not being met because commissioners don't show up. Alma-Mensah
states that is part and the other is traditionally in other cities the standard is nine members
for the Planning & Zoning Commission. Walker asked if there was Ein attendance
requirement, Stephanie Harris. City Attorney slates she believes the attendance
requirement is 75% but she can check that. Harris states to stay with current practice the
item will go to city council. I-Rarris states if the number is increased back to nine it may.
M
make the longer. er. Walker states nmembers embers would help with making the
Z:) Z,
quoi-LIM, Harris states they can make an informal. recommendation to council, but it would
be LIP to them, Conin-ussionersdiscussed having alternates that could be called ifthey didn't
t:�
have a quorum. Discussion continued and the Consensus was to recoriu-nend to council to
leave the commission at seven members.
10, Request items for future agendas.
Chad Lindsey asked tile city attorney about a consent agenda for the plats. Harris states
she wi H took into it and follow up. Adam Bolton asked if the city attorney had a chance
to review the possibility of administrative approval on plats to bypass with a survey
instead ol'those items corning to P&Z and Council to decrease the processing finicline,
Todd Mittge states the power for that tinder the state code as a plat can be granted to the
city engineer if the P&Z and council wants them to have that authority, It could be pulled
out at any time by the engineer and sent to commission for any reason. Harris states since
this topic is not on the agenda, she will revie�N, NN,,ith city engineer and follow up. Bolton
states if its legal Im- the engineer to have that authority he would like to see an action item.
on the agenda.
11, Adjournment.
There being no ftirther business, the meeting was adjourned at 5:52 p.m.
t- J
APPROVED'I'FIE 7th DAY OF OCTOBER 2024.
Chairperson
_MAIN STREET ADVISORY BOARD MONTHLY MEETING
PARIS CITY COUNCIL CHAMBERS
107 E. KAUFMAN
PARIS TFXAS...754.
60
TUESDAYµ SEPTEMBER 10.2024
4:30P.M.
Present: Board Members: Glee Emmite, Kevin Moore, Tyrone Hayden, Kim
Kalina
City Representatives: Cheri Bedford, Main Street Manager;
Osei Amo Mensah, Community Development
Director.
Absent: Board members: William Walker, Melissa Jones, Mary Hart
Board Liaison:
Chairman Emmite opened the meeting at 4:00 by reading the vision and mission statement.
Citizen forum
a. Carolyn Patterson, President of the Paris Area Arts Alliance gave an update on the
new sculpture the Arts Alliance installed in the area just north of the Courthouse.
Review minutes from the August 13, 2024 -Chair
b. A motion was made by Hayden to approve the minutes, seconded by Moore, motion
carried 4 -0
Review Community Self- Assessment Tool -Chair
Emmite reviewed portions of the 2023 Community Self -Assessment and asked the board
to go over the standards and become familiar with the baseline, and grading requirements. She
the board responsibility will score our program at the end of the year and we want our outcomes
to be the best we can. She did highlight the bullet point on the baseline requirements #3
Transforming strategies, and how important it is to have measurable outcomes.
Review workplan- get dates set for tasks development- Chairman Emmite reviewed the 4 steps in
the plan: Economic vitality, Promotions, Design, and Organization.
She has identified some portions of the plan that she wanted to assign to the board member as
followed. Please keep track of your volunteer hours as it relates to these projects.
#5 Expand the BIG Grant: Start with education on the grant. Kalina will do a story on
the two fagade grant recipients.
#11 Establish a community wide survey as it relates to Arts: Emmite will ask board
member Hart to meet with her and discuss, and possibly ask Jones to assist.
Emmite asked Moore to work a few logistical items.
1. Total properties/vacant property % of downtown etc
2. business types retail, restaurant, service
3. employees, part time or full time.
#12 Bring all the artistic and cultural groups together. Emmite, Patterson, and Hart to be
assigned to this, Bedford will assist.
#15 Beautification committee: needs work, but importantly we need to take steps to get
the Toole Plan up an going.
#21 Expand awareness of DowntownTX.org-Kalina will be assigned a sign in for
DowntownTX.org
Discussion on a one stop shop community calendar. Moore and Bedford will do some research
on Locable. (locable.com)
Emmite tabled the rest of the assignment:
Coordinators Report: Bedford
Hatch Chile Fest: 1800 visitors, 40 volunteers, peak time of sales 10-10:30
Generally average, the Farmers market has 500-600 visitors every Saturday.
Handicap restroom connection is under construction.
I" Street Construction received a preliminary design.
The information we gather in the reports with businesses, employees and jobs are important
pieces to report to council, and we do give a state report.
DowntownTX. org
Salsa event is the 21"
Adjourn to take photos of presentations of Building Improvement Grant recipients at 5:10 p.m.
Paris Brewing Co: Awarded $5000, Paris Community Theatre awarded $5000
MINUTES OF THE REGULAR MEETING
OF THE HISTORIC PRESERVATION COMMISSION
107 EAST KAUFMAN STREET
PARIS TEXAS 75460
WEDNESDAY September 11 2024
4:00 P.M.
COMMISSION MEMBER PRESENT:
.......m...Glee Emmet....
e
Matthew Coyle
Linda Knox
Kelsey Turk
Tracy Dougherty
Millicent Kee, Alternate
Roxann Hadley, Alternate
ABSENT:
Jessica Holtman
Council Member Alix Putnam
Ryan Matthews
CITY REPRESENTATIVES:
— .............. ........Duke McGee, HPO
O Staff Liaison
Osei Amo-Mensah, Director of Planning & Community Development
GUESTS:
Barbara Wilson
David Yanez, DE Construction
Kit Lindsey
1. Call meeting to order
The meeting was called to order by the Vice Chairman Matthew Coyle at 4: 00 P.M.
2. Citizen's Forum
No one came forth to speak during the Citizen's Forum
3. Approval of August Minutes
A motion was made by Commissioner Dougherty, seconded by Commissioner Turk, that the
minutes of the meeting held on August 14, 2024, be approved with corrections. Motion carried:
Ayes 7; Nays 0
4. Discussion and possible action on the Certificate of Appropriateness application for property located in HD 2,
1124 South Church Street, Property ID 16574, Gimmi Allen
A. Certificate of Appropriateness for Demolition (24-000037)
B. Tree fell on structure
A motion was made by Commissioner Knox, seconded by Commissioner Dougherty, that item 4.A. Certificate of
Appropriateness for demolition be approved. Motion carried: Ayes 7; Nays 0
Discussion and possible action on the Certificate of Appropriateness application for property located in HD 1, 122
Grand Avenue, Property ID 13620, Nancy Waldrum
A. Certificate of Appropriateness for replacing front windows (24-000036)
B. Restoration for the front windows. Not including the lower store front.
A motion was made by Commissioner Emmite, seconded by Commissioner Turk, that item 5.A the Certificate ref
Appropriateness for replacing front windows be approved. Motion carried: Ayes 7,- Nays 0
6. Discussion and possible action on the following Certificate of Appropriateness application for property located in
HD 1, 7 East Plaza, Property ID 13625, Thu Ha Nguyen
��Iijrjgjiiiiii 1111111111 111111111'11�111 �iiii I I
B. The wood and debris currently covering the windows at the Lamar Avenue entrance will be removed and
replaced with a new wood frame,
A motion was made by Commissioner Emmite, seconded by Commissioner Turk, to deny the application until
more information can be provided, Motion carried: Ayes 7; Nays 0
7 Discussion and possible action on the following Certificate of Appropriateness application for property located in
14D 19, 627 Pine Bluff, Property ID 14547, Yvonne Carrillo
A. Certificate of Appropriateness for Renovation of Property (24-000042)
B. Remove and replace siding, windows, roofing, front porch
A motion was made by Commissioner Turk, seconded by Commissioner Emmite, to approve item 7.A. Certificate
,?fAppropriateness for Renovation of Property (24-000042) with the exclusion of the windows. Motion carried:
Ayes 7; Nays 0
ENRON
A motion was made by Commissioner Emmitte, seconded by Commissioner Knox, to approve the $1, 000 Faqade
grant for° Spencer Orthodontics. Motion carried: Ayes 7 Nays 0
9. Discussion and possible action on a sub -committee for the property located at 623 SE 6' Street that was removed
from the consent agenda at the August 14th meeting
On a motion by Commissioner Knox, seconded by Commissioner Turk, a sub -committee was approved comprised
of Commissioner Hadley, Commissioner Turk, and Commissioner Matthews to come up with a plan for
deconstruction, reconstruction, or demolition within 180 days for the property located at 623 SE 6" Street.
Motion carried: Ayes 7 Nays 0
10. ---CONSENT ACIENDA—
{Ite s
--CONSENTAGENDA—
{Items appearing on 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 fro 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, Texas, entitled "Substandard and
Dangerous Buildings and Structures," to determine whether such bMjldjggs_or st ct T s�qn bene habilitated and
.. ... . ............... . . ..... .
dq§j,gjjated. on the National Register, of Historie Places, as recorded. Texas, II steric Lan d m.a& or as historic
lirgjjQj dp§i nate b the Citi _ Council of the C of Paris.
.,
A,
110 NE 8' Street
B.
1167 Grove Street
C.
537 Grande Avenue
D.
735 East Cherry Street
Commissioner Dougherty made a motion, seconded by Commissioner Emmite, to approve items on the consent
agenda. Motion carried: Ayes 7; Nays 0
11. Coordinator's Report
A. Review Share Point/MyGov
The City's IT Department is working to provide a Share Drive Option for the delivery of Agenda Packets
and HPC resources.
B. Discuss the Process for how structures are placed on the Consent Agenda
Robert Talley, City of Paris Code Enforcement Officer, will be invited to explain the process for placing
structures on the Consent Agenda
12. Future Agenda Items
Osei Amo-Mensah, Director of Planning & Community Development, asked for a date to provide in-house
trainingfor Commission members.
Adjourn
A motion was made by Commissioner Dougherty, seconded by Commissioner Turk, to adjourn. Meeting was
adjourned at 5:13 P.M.
Ryai Matthews, Chairman
Item No. 7
I
TO: Mayor, Mayor Pro -Tem, and City Council
Robert Vine, Interim City Manager
FROM: Gene Anderson, Finance Director
SUBJECT: AUGUST 2024 FINANCIAL REPORT
DATE: October 14, 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
August 2024 Financial Report Comments
Net to Date Comparison of Revenues:
1. The operations and maintenance property tax and related collections reported are 1.06% more than
what was reported in 2023. Current tax collections this year are 97.65% of the tax levy vs. 97.73%
last year.
2. Sales taxes are up 3.38% from last year ($324,160).
3. Hotel occupancy taxes are up 20.02% compared to last year ($187,783).
4. Franchise fees are down 4.62% compared to last year ($148,782). This is due to a significant
decrease in the payment from Atmos.
5. Permit fees are up 112.52% from last year ($306,474). This increase is due to new commercial
permits.
6. Municipal Court fines and related fees are down 11.40% compared to last year ($25,003).
7. Other revenue includes leases, interest, copy fees, birth & death certificates, library fees, mixed
beverage tax, and other minor revenues. This revenue is up 18.02% ($483,440.87). This is due to
higher interest income and miscellaneous revenue.
8. Sanitation fees are down 4.36% ($8,471).
9. EMS fees are up 37.30% compared to last year ($1,112,282).
10. Lamar County EMS contributions are up 5.92% (23,127) compared to last year.
11. Total General Fund revenues are up 8.17% compared to last year ($2,342,264). General Fund
revenues equal 104.66% of the budget with the City being 91.66% through the budget year.
12. Total General Fund expenditures are up 4.64% ($1,142,796) compared to last year. General Fund
expenditures to date equal 82.91% of budget with the City being 91.66% through the budget year.
13. Sewer revenue was up 14.10% ($1,277,786).
14. Water revenue was down 1.22% ($100,069).
15. Other revenue sources are down 4.35% ($35,174).
16. Total Water & Sewer revenues, ignoring transfers and adjustments, are 6.33% above last year
($1,142,543) and represents 91.41% of the total budget.
17. Total Water & Sewer expenses are 6.20% above last year ($634,699) at this point and represent
51.72% of the total budget (83.38% adjusted for debt payments.) while the City is 91.66% 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 eleven months or 91.66% 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 seven departments whose expenditures were over 91.66%.
1. City Council -129.52%. The overage amounts to $72,126 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 -95.68%. The overage amounts to $30,654 and was due to salary & benefits,
furniture, insurance, and minor apparatus.
3. Parks -92.55%. The overage amounts to $12,561 and was due to utilities, temp workers, and
buildings/grounds maintenance.
4. Paris Band -102.78%. The overage amounts to $2,564 and was due to payments to band
members.
5. Library -92.41%. The overage amounts to $6,347 and was caused by supplies, technical
processing, annual insurance payment, travel, furniture, and maintenance agreement.
6. Water Treatment Plant -94.32%. The overage amounts to $96,367 and was caused by lab
chemicals and filtration plant costs.
7. Sanitation -96.89%. The overage amounts to $72,211 and was due to CARDS payments.
General comments to the City Council:
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.
I try to anticipate questions you might have about the report and comment on those points.
After you receive your packet and review the monthly report, if you have questions about the
report, please let the Manager know (or me if you can't reach the Manager) before the Council
meeting, if possible, in case I 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
August 2024
Current Year to Date
Prior Year to Date
Netto Date
FY2024
FY2023
Taxes Collected
$
8,277,639.63
$
8,190,387.59
$
87,252.04
Sales Tax
$
9,893,313.23
$
9,569,152.52
$
324,160.71
HoteUMotelTax
$
1,125,699.69
$
937,916.65
$
187,783.04
Franchise Fees
$
3,069,410.59
$
3,218,193.32
$
(148,782.73)
Permits
$
578,846.04
$
272,371.82
$
306,474.22
Court Fees
$
194,206.71
$
219,209.75
$
(25,003.04)
Other Revenue
$
3,165,484.10
$
2,682,043.23
$
483,440.87
Sanitation
$
185,518.17
$
193,989.58
$
(8,471.41)
EMS Fees
$
4,093,898.43
$
2,981,615.88
$
1,112,282.55
Lamar County EMS
$
413,160.30
$
390,032.50
$
23,127.80
Total Revenues
$
30,997,176.89
$
28,654,912.84
$
2,342,264.05
Total Expenditures
$
25,749,903.92
$
24,607,107.09
$
1,142,796.83
Net To Date
$
5,247,272.97
$
4,047,805.75
$
1,199,467.22
City of Paris
General Fund
Department Expenditures -August 2024
Current Month Actual Prior Year Month Actual Current Year to Date PriorYearto Date Current Year Budget Prior Year Budget
August2024 August 2023 FY2024 FY2023 FY2024 FY2023
Department
11 -City Council
$
29,603.29
$
7,177.46
$ 246,739.13
$
175,750.57 $
Department
12 -City Manager
$
61,689.55
$
45,083.99
$ 729,307.61
$
547,077.97 $
Department
13 -City Attorney
$
43,848.61
$
31,996.71
$ 359,999.49
$
350,454.63 $
Department
14- MunicipalCourt
$
19,859.98
$
17,663.69
$ 233,109.33
$
207,358.20 $
Department
15 -City Clerk
$
17,013.17
$
18,277.46
$ 196,036.11
$
184,722.51 $
Department
21 -Accounting & Auditing
$
34,243.76
$
32,118.74
$ 456,489.98
$
681,945.66 $
Department
31 -Police
$
703,547.20
$
528,568.33
$ 6,711,170.66
$
6,153,944.13 $
Department
32 -Fire
$
429,272.35
$
410,563.09
$ 5,094,848.62
$
4,904,073.96 $
Department
40 -Community Development
$
152,756.87
$
123,303.00
$ 1,275,864.44
$
1,315,400.66 $
Department
41 -Engineering
$
26,288.20
$
22,591.85
$ 336,908.26
$
344,957.45 $
Department
42 - Public Works
$
18,032.79
$
18,419.21
$ 224,919.38
$
205,380.80 $
Department
43- Parks & Recreation, ROW
$
131,703.99
$
139,422.20
$ 1,304,995.62
$
1,328,180.67 $
Department
44 -Sanitation
$-
$-
$-
$-
$-
Department
46- Streets &Highways
$
119,716.81
$
210,237.73
$ 1,152,327.09
$
1,032,840.64 $
Department
48- Traffic & Public Lighting
$
53,220.99
$
43,571.04
$ 440,895.54
$
424,433.93 $
Department
49 -Garage
$
24,540.45
$
33,985.06
$ 324,044.30
$
326,035.37 $
Department
54 -Emergency Medical Service
$
343,968.58
$
271,869.72
$ 4,047,342.44
$
3,876,514.37 $
Department
62 -Paris Band
$
-
$
-
$ 23,692.53
$
21,433.48 $
Department
64 -Library
$
46,068.32
$
49,792.28
$ 779,040.48
$
690,369.27 $
Department
89- General Expenses
$
137,299.34
$
376,989.39
$ 1,812,172.91
$
1,870,262.41 $
Department
91 -Contingency
$-
$
-
$-
$
136,929.86 $
Department
90 -Debt
$
-
$
(12,299.62)
$
(170,959.45)
$
2,392,674.25
$
2,369,331.33
$ 25,749,903.92
$
24,607,107.09 $
190,500.00 $ 203,900.00
762,223.00 $ 618,106.00
418,188.00 $ 402,097.00
273,021.00 $ 251,997.00
219,071.00 $ 205,321.00
661,212.00 $ 732,719.00
7,660,330.00 $ 7,257,141.00
5,664,697.00 $ 5,594,674.00
1,685,684.00 $ 1,649,428.00
418,884.00 $ 396,933.00
258,963.00 $ 232,470.00
1,410,031.00 $ 1,486,128.00
2,544,784.00 $ 1,276,173.00
515,289.00 $ 474,902.00
401,450.00 $ 370,001.00
5,016,435.00 $ 4,422,181.00
23,050.00 $ 23,050.00
842,999.00 $ 799,835.00
2,040,739.00 $ 2,061,234.00
50,000.00 $ 40,000.00
31,057,550.00 $ 28,498,290.00
City of Paris
Water & Sewer Fund Recap
August 2024
Total Expenditures $ 10,855,378.50 $
Debt $ 6,645,390.00 $
Prior Year To Date
CurrentYearTo Date
FY2023
FY2024
Water Revenues
$
8,076,862.92 $
Sewer Revenues
$
10,336,706.10 $
Other Revenues
$
772,820.23 $
Total Revenues
$
19,186,389.25 $
Total Expenditures $ 10,855,378.50 $
Debt $ 6,645,390.00 $
Prior Year To Date
Net To Date
FY2023
8,176,932.00
$
(100,069.08)
9,058,919.77
$
1,277,786.33
807,994.24
$
(35,174.01)
18, 043, 846.01
$
1,142, 543.24
10,220,679.07 $ 634,699.43
6,294,134.61 $ 351,255.39
Net To Date $ 1,685,620.75 $ 1,529,032.33 $ 156,588.42
Prior Yearto Date
City of Paris
Prior Year Budget
FY2023
FY2024
FY2023
104,181.52 $
Water & Sewer Fund
117,995.00
2,533,120.72 $
2,908,540.00 $
2,758,811.00
3,106,005.79 $
Department Expenditures -August 2024
3,335,856.00
1,400,031.45 $
1,765,305.00 $
1,693,625.00
653,431.68 $
Current
Month Actual
Prior Year Month Actual
Current Year to Date
2,434,667.00
410,744.35 $
477,423.00 $
August 2024
August2023
FY2024
Department
80 -Warehouse
$
9,111.64 $
8,649.78 $
110,207.97 $
Department
81- W & S Bluing and Coltectin $
245,466.16 $
220,535.69 $
2,655,371.96 $
Department
82- Water Production
$
303,414.25 $
338,297.31 $
3,413,967.26 $
Department
83 - Water Distribution
$
124,736.78 $
116,306.75 $
1,362,185.55 $
Department
85- Sewer Maintenance
$
106,172.24 $
46,678.04 $
715,754.89 $
Department
86- Waste WaterTreatment
$
196,733.57 $
154,013.75 $
2,198,469.25 $
Department
87 -lift Stations
$
53,378.20 $
29,421.49 $
399,421.62 $
Totals
$
1,039,012.84 $
913,902.81 $
10,855,378.50 $
Prior Yearto Date
Current Year Budget
Prior Year Budget
FY2023
FY2024
FY2023
104,181.52 $
123,628.00 $
117,995.00
2,533,120.72 $
2,908,540.00 $
2,758,811.00
3,106,005.79 $
3.619,463.00 $
3,335,856.00
1,400,031.45 $
1,765,305.00 $
1,693,625.00
653,431.68 $
959,441.00 $
849,352.00
2,013,163.56 $
2,518,560.00 $
2,434,667.00
410,744.35 $
477,423.00 $
460,242.00
10,220,679.07 $
12,372,360.00 $
11,650,548.00
City of Paris
Cox Field Airport Recap
August 2024
Airport Revenue
Airport Expenses
Net To Date
City of Paris
Sanitation Fund Recap
August 2024
Sanitation Revenues
Sanitation Expenses
Current Year to Date Prior Year to Date
FY 2024 FY 2023
$ 928,921.46 $
$ 919,911.61 $
$ 9,009.85 $
1,081,969.26
906,715.97
175,253.29
Current Year to Date Prior Year to Date
FY 2024 FY 2023
$ 1,298,354.97 $
$ 1,337,119.39 $
1,161,846.73
1,165,755.99
Net To Date $ (38,764.42) $ (3,909.26)
Item No. 8
AUGUST 2024 Culverts, Ditches & Intakes
DEPARTMENT ADDRESS STREET PROBLEM ACTION DATE
PRECINCT 1
STREETS 655 MLK N.E. INTAKE CHECKINTAKE 09/04/24
STREETS
603
8TH N.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS
4TH
TUDOR N.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS
105
19TH
INTAKE
CHECKINTAKE
09/04/24
STREETS
348
19TH N.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS
1225
BOOTH N.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS
12TH
TUDOR N.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS
1221
FAIRFAX N.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS
1200
VAN ZANDT N.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS
210
11TH N.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS
2612
BEVERLY N.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS
2185
CHERRY N.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS
1305
COLLIGATE
INTAKE
CHECKINTAKE
09/04/24
STREETS
603
8TH N.E.
INTAKE
CHECKINTAKE
09/11/24
STREETS
4TH
TUDOR N.E.
INTAKE
CHECKINTAKE
09/11/24
STREETS
105
19TH N.E.
INTAKE
CHECKINTAKE
09/11/24
STREETS
348
19TH N.E.
INTAKE
CHECKINTAKE
09/11/24
STREETS
1225
BOOTH N.E.
INTAKE
CHECKINTAKE
09/11/24
STREETS
12TH
TUDOR N.E.
INTAKE
CHECKINTAKE
09/11/24 ................
STREETS
1518
LAMAR
INAKE
CHECKINTAKE
09/23/24
STREETS
16TH
S.E. MARGERET
INTAKE
CHECKINTAKE
09/23/24
STREETS
31ST
CLARK LN
INTAKE
CHECKINTAKE
09/23/24
STREETS
603
8TH
INTAKE
CHECKINTAKE
09/23/24
STREETS
4TH
TUDOR
INTAKE
CHECKINTAKE
09/23/24
STREETS
620
GROVE
INTAKE
CHECKINTAKE
09/23/24
STREETS
105
19TH ST
INTAKE
CHECKINTAKE
09/23/24
STREETS
348
19TH
INTAKE
CHECKINTAKE
09/23/24
STREETS
1225
BOOTH ST
INTAKE
CHECKINTAKE
09/23/24
STREETS
12TH
TUDOR
INTAKE
CHECKINTAKE
09/23/24
STREETS
1221
FAIRFAX
INTAKE
CHECKINTAKE
09/23/24
STREETS
1200
VAN ZAN DT
INTAKE
CHECKINTAKE
09/23/24
STREETS
1064
11TH ST
INTAKE
CHECKINTAKE
09/23/24
STREETS
2612
N.E. BEVERLY
INTAKE
CHECKINTAKE
09/23/24
STREETS
105
19TH N.E.
INTAKE
CHECKINAKE
09/25/24
STREETS
348
19TH N.E.
INTAKE
CHECKINTAKE
09/25/24
STREETS
1225
BOOTH N.E.
INTAKE
CHECKINTAKE
09/25/24
STREETS
12TH
N.E. TUDOR
INTAKE
CHECKINTAKE
09/25/24
STREETS
BELMONTS.E.
INTAKE
CHECK INTAKE
09/25/24
STREETS
1200
S.E. FAIR FAX
INTAKE
CHECKINTAKE
09/25/24
STREETS
1025
17TH N.E.
INTAKE
CHECKINTAKE
09/25/24
STREETS
1200
VAN ZANDT
INTAKE ICHECKINTAKE
09/24/25
STREETS
2612
BEVERLY N.E.
INTAKE
CHECKINTAKE
09/25/24
STREETS
11775
CLARKSVILLE
INTAKE
CHECKINTAKE
09/25/24
STREETS
24TH
S.E.HUBBARD IINTAKE
CHECKINTAKE
09/25/24
STREETS
HICKORY & MAIN
INTAKE
CHECKINTAKE
09/23/24
STREETS
435
17TH S.E.
INTAKE
CHECKINTAKE
09/25/24
STREETS
17TH
S.E. CLEVELAND
INTAKE
CHECKINTAKE
09/25/24
STREETS
16TH
MARGERETS.E.
INTAKE
CHECKINTAKE
09/25/24
STREETS
28TH
N.W.GRA HAM
INTAKE
CHECKINTAKE
09/23/24
SEPTEMBER 2024 Ditches (Called in by citizens; inludes man hours)
DATE
NAME ADDRESS STREET PROBLEM ACTION COMPLETED
NONE
SEPTEMBER 2024 Ditches (Called in by citizens; inludes man hours)
DEPARTMENT ADDRESS STREET PROBLEM ACTION DATE
PRECINCT 2
STREETS
704
BONHAM N.W.
INTAKE
CHECKINTAKE
09/25/24
STREETS
7TH
GRAHAM N.W.
INTAKE
CHECKINTAKE
09/25/24
STREETS
7TH
ASHBY N.W.
CHECKINTAKE
09/25/24
STREETS
9TH
'INTAKE
N.W. CAMPBELL
INTAKE
CHECKINTAKE
09/25/24
STREETS
16TH
N.W. HENDERSON
INTAKE
CHECKINTAKE
09/25/24
STREETS
19TH
N.W. CAMPBELL
INTAKE
CHECKINTAKE
09/25/24
STREETS
19TH
N.W. GRAHAM
INTAKE
CHECKINTAKE
09/25/24
STREETS
27TH
GRAHAM
INTAKE
CHECKINTAKE
09/25/24
STREETS
22ND
SHILOH
INTAKE
CHECKINTAKE
09/25/24
STREETS
13TH
COOPER
INTAKE
CHECKINTAKE
09/25/24
STREETS
422
9TH N.W.
INTAKE
CHECKINTAKE
09/25/24
STREETS
3RD
CENTER ST N.E.
INTAKE
CHECKINTAKE
09/25/24
STREETS
1236
NORTH MAIN
INTAKE
CHECKINTAKE
09/25/24
STREETS
1150
NORTH MAIN
INTAKE
CHECKINTAKE
09/25/24
STREETS '840
1ST N.W. N
INTAKE
CHECKINTAKE
09/25/24
STREETS
662
7TH N.W.
INTAKE
CHECKINTAKE
09/25/24
STREETS
320
N.E. GROVE
INTAKE
CHECKINTAKE
09/25/24
STREETS
357
2ND N.E.
INTAKE
CHECKINTAKE
09/25/24
STREETS
124
CHERRY ST
INTAKE
CHECKINTAKE
09/23/24
STREETS
7TH
N.W. BONHAM
INTAKE
CHECKINTAKE
09/23/24
STREETS
7TH
N.E. ASHBY
INTAKE
CHECKINTAKE
09/23/24
STREETS
7TH
N.E. GRAHAM
INTAKE
CHECKINTAKE
09/23/24
STREETS
9TH
N.W. CAMPBELL
INTAKE
CHECKINTAKE
109/23/24
STREETS
16TH
N.W. HENDERSON
INTAKE
CHECKINTAKE
09/20/24
STREETS
119TH
N.W. GRAHAM
INTAKE
CHECKINTAKE
09/23/24
STREETS
4TH
N.E. TUDOR
INTAKE
CHECKINTAKE
09/25/24
STREETS
3-19
N.E. PROVINE
INTAKE
CHECKINTAKE
09/25/24
STREETS
300 BLK
N.E. HENDERDSON
INTAKE
CHECKINTAKE
09/25/24
STREETS
300 BLK
N.E. GARRETT
INTAKE
CHECKINTAKE
09/25/24
STREETS
1490
INORTH MAIN
INTAKE
CHECKINTAKE
09/01/24
STREETS
MLK & NORTH MAIN
INTAKE
CHECK INTAKE
09/23/24
STREETS
1296
NORTH MAIN
INTAKE ICHECKINTAKE
09/23/24
MM
STREETS
840
IST N.W.
INTAKE
CHECKINTAKE
09/23/24
STREETS
655
MLK
INTAKE
CHECKINTAKE
09/23/24
STREETS
319
PROVINE
INTAKE
CHECKINTAKE
09/23/24
STREETS
300 BILK
GARRETT
INTAKE
CHECKINTAKE
09/23/24
STREETS
300 BILK
HENDERSON
INTAKE
CHECKINTAKE
09/23/24
STREETS
357_
2ND ST
INTAKE
CHECKINTAKE
09/23/24
STREETS
200
SOUTH MAIN
INTAKE
CHECKINTAKE
09/23/24
STREETS
3RD
S.E. KAUFMAN
INTAKE
CHECKINTAKE
09/23/24
STREETS
450
EAST AUSTIN
INTAKE
CHECKINTAKE
09/23/24
STREETS 420 EAST AUSTIN INTAKE CHECKINTAKE 09/23/24
STREETS 449 WOODLAWN INTAKE CHECK INTAKE 09/23/24
STREETS 177 SOUTH CLARKSVILLE INTAKE CHECKINTAKE 09/23/24
STREETS MLK & NORTH MAIN INTAKE CHECKINTAKE 09/12/24
STREETS
840
1ST N.W.N
INTAKE
CHECKINTAKE
09/12/24
STREETS
124
WEST CHERRY
INTAKE
CHECKINTAKE
09/12/24
STREETS
7TH
N.W.GRAHAMINTAKE
CHECKINTAKE
09/12/24
STREETS
7TH
N.W.ASHBY
INTAKE
CHECKINTAKE
09/12/24
STREETS
7TH
N.W..BONHAM
INTAKE
CHECKINTAKE
09/12/24
STREETS
9TH
N.W. CAMPBELL
INTAKE
CHECKINTAKE
09/12/24
STREETS
19TH
N.W. GRAHAM
INTAKE
CHECKINTAKE
09/12/24
STREETS
19TH
N.W. CAMPBELL
INTAKE
CHECKINTAKE
09/12/24
STREETS
16TH
N.W. HENDERSON
INTAKE
CHECKINTAKE
09/12/24
STREETS
18TH
N.W. WALKER
INTAKE
CHECKINTAKE
09/12/24
STREETS
265
IST S.E.
INTAKE
CHECKINTAKE
09/23/24
STREETS
200 BILK
SOUTH MAIN
INTAKE
CHECKINTAKE
09/11/24
STREETS
3RD
S.E. KAUFMANINTAKE
CHECKINTAKE
09/11/24
STREETS
450
EAST KAUFMAN
INTAKE
CHECKINTAKE
09/11/24
STREETS
1430
NORTH MAIN
INTAKE
CHECKINTAKE
09/12/24
STREETS
655
MILK N.E.
JINTAKE
ICHECKINTAKE
09/11/24
STREETS
319
PROVINE N.E.
INTAKE
CHECKINTAKE
09/11/24
STREETS
300 BLK
HENDERSON N.E.
INTAKE
CHECKINTAKE
09/11/24
STREETS
300 BLK
GARRETT N.E.
INTAKE
CHECKINTAKE
09/11/24
STREETS
320
GROVE N.E.
INTAKE
CHECKINTAKE
09/11/24
STREETS
357
2ND N.E. IINTAKE
CHECKINTAKE
09/11/24
STREETS
265
1ST S.W.
INTAKE
CHECKINTAKE
09/11/24
STREETS
N. MAIN & HICKORY
INTAKE
CHECKINTAKE
09/11/24
STREETS
1402
NORTH MAIN
INTAKE
CHECKINTAKE
09/11/24
STREETS
1150
NORTH MAIN
INTAKE
CHECKINTAKE
09/11/24
STREETS
MLK & NORTH MAIN
INTAKE
CHECKINTAKE
09/11/24
STREETS
124
WEST CHERRY
INTAKE
CHECKINTAKE
09/11/24
STREETS
16TH
N.W.HENDERSON
INTAKE
CHECKINTAKE
09/11/24
STREETS
7TH
GRAHAM
INTAKE
CHECKINTAKE
09/11/24
STREETS
7TH
ASHBY
INTAKE
CHECKINTAKE
09/11/24
STREETS
7TH
BONHAM
INTAKE
CHECKINTAKE
09/11/24
STREETS
9TH
CAMPBELL
INTAKE
CHECKINTAKE
09/11/24
STREETS
19TH
GRAHAM
INTAKE
CHECKINTAKE
09/11/24
SREETS
19THH
CAMPBELL
INTAKE
CHECKINTAKE
09/11/24
STREETS
16TH
N.W. CAMPBELL
INTAKE ICHECKINTAKE
09/04/24
STREETS
19TH
N.W. CAMPBELL
INTAKE
CHECKINTAKE
09/04/24
STREETS
20TH
GRAHAM N.W.
INTAKE
CHECKINTAKE
09/04/24
STREETS
27TH
N.E. GRAHAM
INTAKE
CHECKINTAKE
09/04/24
STREETS
319
PROVINE N.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS
300 BLK
HENDERSON
INTAKE
CHECKINTAKE
09/04/24
STREETS
300 BLK
GARRET N.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS
330
GROVE N.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS
357
2ND N.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS
145
N.W. CHERRY
INTAKE
CHECKINTAKE
09/04/24
STREETS
265
IST S.W.
INTAKE
ICHECKINTAKE
09/04/24
STREETS
IST
S.W.SHERMAN
INTAKE
CHECKINTAKE
09/04/24
STREETS
'609
S.W.SHERMAN
INTAKE
CHECKINTAKE
09/04/24
STREETS
500 BLK
IS.W.AUSTIN
INTAKE
CHECKINTAKE
09/04/24
STREETS
7TH
N.W.BONHAM
INTAKE
CHECKINTAKE
09/04/24
STREETS
7TH
N.W.ASHBY
INTAKE
CHECKINTAKE
09/04/24
STREETS
7TH
N.W. GRAHAM
INTAKE
CHECKINTAKE
09/04/24
STREETS
9TH
N.W. CAMPBELL
INTAKE
CHECKINTAKE
09/04/24
STREETS
543
1ST N.W.
INTAKE
CHECKINTAKE
09/25/24
STREETS
22
WEST CHERRY
INTAKE
CHECKINTAKE
09/25/24
STREETS
124
WEST CHERRY
INTAKE
CHECKINTAKE
09/25/24
STREETS
101
WEST CHERRY
INTAKE
'CHECKINTAKE
09/25/24
STREETS
265
1ST S.W.
INTAKE
CHECKINTAKE
09/25/24
STREETS
330
2ND S.W.
INTAKE
CHECKINTAKE
09/25/24
STREETS
529
3RD S.W.
INTAKE
CHECKINTAKE
09/25/24
STREETS
500
6TH S.W.
INTAKE
CHECKINTAKE
09/25/24
STREETS
609
WEST SHERMAN
INTAKE
CHECKINTAKE
09/25/24
STREETS
3RD
S.E.KAUFMAN
INTAKE
CHECKINTAKE
09/25/24
STREETS
400
EAST AUSTIN
INTAKE
CHECKINTAKE
09/25/24
SEPTEMBER 2024 Culverts, Ditches & Intakes
DEPARTMENT
ADDRESS
STREET
PROBLEM
ACTION
DATE
PRECINCT 3
STREETS
13TH
S.W.SPERRY
INTAKE
CHECKINTAKE
09/25/24
STREETS
1252
WEST SHERMAN
INTAKE
CHECKINTAKE
09/25/24
STREETS
OLD CLARKSVILLE
INTAKE
CHECKINTAKE
09/23/24
STREETS
17TH
S.E. CEDAR
INTAKE
CHECKINTAKE
09/23/24
STREETS
17TH
S.E. JACKSON
INTAKE
CHECKINTAKE
09/23/24
STREETS
3000 BLK
CLARKSVILLE
INTAKE
CHECKINTAKE
09/23/24
STREETS
840
1ST N.W.
INTAKE
CHECKINTAKE
09/11/24
STREETS
1ST
S.W.HEARN
INTAKE
CHECKINTAKE
09/04/24
STREETS
17TH
S.E. CEDAR
INTAKE
CHECKINTAKE
09/25/24
STREETS
17TH
S.E. JACKSON
INTAKE
CHECKINTAKE
09/25/24
STREETS
17TH
S.E.POLK
INTAKE
CHECKINTAKE
09/25/24
STREETS
824
IST S.W.
INTAKE
CHECKINTAKE
09/25/24
STREETS
6TH
S.W. PARR
INTAKE
CHECKINTAKE
09/25/24
STREETS
1400
IFRISCO
INTAKE
CHECKINTAKE
09/25/24
STREETS
7TH
S.W. WASHINGTON
INTAKE
CHECKINTAKE
09/25/24
SEPTEMBER 2024 Culverts, Ditches & Intakes
DEPARTMENT ADDRESS
STREET
PROBLEM
ACTION
DATE
PRECINCT 4
STREETS 1140
LEVIN.E.
INTAKE
CHECKINTAKE
09/25/24
STREETS
TIGER TOWN RD
INTAKE
CHECKINTAKE
09/23/24
STREETS
NORTH MAIN & HICKORY
INTAKE
CHECKINTAKE
09/12/24
STREETS 11140
LEVIN.E.
INTAKE
CHECKINTAKE
09/04/24
STREETS I437
41ST S. W,
INTAKE
CHECKINTAKE
09/25/24
SEPTEMBER 2024 Culverts,
Ditches & Intakes
DEPARTMENT ADDRESS
STREET PROBLEM ACTION DATE
PRECINCT 5
STREETS 900 BILK
JACKSON INTAKE CHECKINTAKE 09/23/24
STREETS
900 BILK
OAK
INTAKE
CHECKINTAKE
09/23/24
STREETS
24TH
S.E. WALKING TRACK
INTAKE
CHECKINTAKE
09/23/24
STREETS
24TH
S.E. HUBBARD
INTAKE
CHECKINTAKE
09/23/24
STREETS
128
24TH S.E.
INTAKE
CHECKINTAKE
09/23/24
STREETS
2765
HUBBARD
INTAKE
CHECKINTAKE
09/23/24
STREETS
2740
CULBERTSON
INTAKE
CHECKINTAKE
09/23/24
STREETS
427
HEARON
INTAKE
CHECKINTAKE
09/23/24
STREETS '520
HEARON
INTAKE
CHECKINTAKE
09/23/24
STREETS
6TH
S.E. WASHINGTON
INTAKE
CHECKINTAKE
09/23/24
STREETS
1520
EAST HEARON
INTAKE
CHECKINTAKE
09/23/24
STREETS
465
17TH S.E.
INTAKE
CHECKINTAKE
09/23/24
STREETS
340
EAST SHERMAN
INTAKE
CHECKINTAKE
09/11/24
STREETS
17TH
S.E. JACKSON
INTAKE
CHECKINTAKE
09/12/24
STREETS i
900 BLK
JACKSON
INTAKE
CHECK INTAKE
09/12/24
STREETS
EAST POLK
INTAKE
CHECKINTAKE
09/12/24
STREETS
.807
17TH
S.E. CEDAR
INTAKE
CHECKINTAKE
09/12/24
STREETS
17TH
S.E. POLK
INTAKE
CHECKINTAKE
09/12/24
STREETS
17TH
S.E. WASHINGTON
INTAKE
CHECKINTAKE
09/12/24
STREETS
825
IST S.W.
INTAKE
CHECKINTAKE
09/04/24
STREETS
2745
CULBERTSON
INTAKE
CHECKINTAKE
09/04/24
STREETS
25-65
HUBBARD
INTAKE
CHECKINTAKE
09/04/24
STREETS
690
CLARK LN
INTAKE
CHECKINTAKE
09/25/24
STREETS
2598
CLARK
INTAKE
CHECKINTAKE
09/25/24
STREETS
128
24TH S.E.
INTAKE
CHECKINTAKE
09/25/24
STREETS
2765
HUBBARD
INTAKE
CHECKINTAKE
09/25/24
STREETS
2745
CULBERTSON
INTAKE
CHECKINTAKE
09/25/24
STREETS
SOUTH MAIN & HEARN
JINTAKE
CHECKINTAKE
09/25/24
STREETS
1ST
S.W. WASHINGTON
JINTAKE
CHECKINTAKE
09/25/24
SEPTEMBER 2024
Culverts,
Ditches & Intakes
DEPARTMENT
ADDRESS ISTREET
PROBLEM
ACTION
DATE
PRECINCT 6
STREETS
2700
CHERRY N.E.
DITCH
CLEANED DITCH
09/25/24
STREETS
2660
PINE BLUFF N.E.
DITCH
CLEANED DITCH
09/25/24
STREETS
800
25TH N.E.
INTAKE
CHECKINTAKE
09/25/24
STREETS
1355
22ND N.E.
INTAKE
CHECKINTAKE
09/25/24
STREETS
1355
33ND N.E.
INTAKE
CHECKINTAKE
09/23/24
STREETS
305
COLLEGIATE N.E.
INTAKE
CHECKINTAKE
09/23/24
STREETS
17TH
S.E.POLK
INTAKE
CHECKINTAKE
09/23/24
STREETS
1355
22ND N.E.
INTAKE
CHECKINTAKE
09/03/24
STREETS
3095
MAHAFFEYINTAKE
CHECKINTAKE
09/25/24
SEPTEMBER 2024 Culverts, Ditches & Intakes
DEPARTMENT
ADDRESS
STREET
PROBLEM
ACTION
DATE
PRECINCT 7
STREETS
STREETS
3415
3415
ROBIN N.E.
PINE BLUFF N.E.
INTAKE
INTAKE
CHECKINTAKE
CHECKINTAKE
09/25/24
09/25/24
STREETS
STREETS
3415
3415
ROBIN N.E.
PINE BLUFF N.E.
INTAKE
INTAKE
CHECKINTAKE
CHECK INTAKE
09/23/24
09/23/24
Item No. 9
September Code Report
CASE TYPES INSPECTIONS I OPENED ACTIVE CLOSED
HIGH GRASS AND WEEDS
261
1441
115
117
JUNK & RUBBISH
31
13
12
18
SWIMMING POOLS
2
1
0
1
BASKETBALL GOALS
1
0
0
1
LIMBS & BRUSH
17
7
5
10
OUTSIDE STORAGE
33',
14
11
19
TRASH CANS
8
6
4
2
FRONT YARD PARKING
12
4
2
8
JUNK VEHICLES
14
5
2
9
SPECIAL VEHICLES
7
4
1
3
ADDRESS NOT ON PROPERTY
0
0
0
0
BUSINESS IN RESIDENTIAL
0
0
0
0
DEAD TREE/ TREE OBSTRUCTION
7
4
1
3
GARAGE SALE VIOLATION
0
0
0
0
GRASS CLIPPING
0
0'
0
0'
ILLEGAL DUMP
3
2
1
1
PARKING ON VACANT LOT
0
0
0
0
ACCESSORY BUILDING - COM
0'
0
0
0
ACCESSORY BUILDING - RES
0''
0
0
0
DILAPIDATED STRUCTURES
3
2
1
1
ELECTRIC FENCES
0'
0
0
0
FENCES
3
2
1
1
SIGNS
41
22
4
19
SUBSTANDARD STRUCTURES
5
3
3
2
UNSECURE STRUCTURES
0
0
0
0
TOTAL
448
2L
215
Building and Standards Report: September, 2024
5 properties were presented to the BSC in September, 2024:
1167 Grove
735 E Cherry
110 NE 8th
537 Grand
205 Grand
2 structures were demolished in September, 2024:
141 NW 12th
127 NW 24th
Item No. 10
Memorandum
TO: Mayor, Mayor Pro -Tem & City Council
Robert Vine, Interim City Manager
FROM: Paul Strahan, Airport Manager/FBO Operator
SUBJECT: Approve a Lease to Own Agreement with Avfuel for an Avgas Truck for the
Airport
DATE: October 14, 2024
BACKGROUND: The airport since December 2023has leased an avgas truck from Avfuel for the
purpose of offering a full service fuel option at the airport. Former City Manager, Grayson Path,
wanted to lease the fuel truck to see if a lease to own option was justifiable. The amount of time
and the amount of fuel the truck disperses throughout the months justifies having a fuel truck for
the long term.
STATUS OF ISSUE: The airport now has an opportunity to enter into a lease to own option for
this fuel truck. The amount of money the City has paid for the current lease will be applied to the
lease to own option.
BUDGET: The airport did budget for this avgas truck lease for fiscal year 2025, which will be a
monthly amount of $650.00.
RECOMMENDATION: Approve the lease agreement with Avfuel for an avgas truck; and
authorize the Interim City Manager to execute all necessary documents.
AVFUEL CORPORATION
AVIATION REFUELER LEASE AGREEMENT
Summary of Terms and Conditions
Avfuel Number/Description Vin Number Monthly Rental * Value
I3608 1998 750 Isuzu NPR JALB4B148X7003738 $650.00 $42,000.00
*HAZARD INSURANCE VALUE: METERS HAVE NOT BEEN CERTIFIED OR CALIBRATED
Customer: CITY OF PARIS
6780-B Collier Dr
Paris, TX 75460»
Airport Location: Paris, Texas
The terms and conditions governing this Agreement are set forth above and on the following page(s), which are made a part of
this Agreement.
IM
Signature
WiMiamB. Li� ht Vice President of Administration
Print name/Title
Date:
BY................................. __
Signature
Print name / Title
Date:
The reference date of this Agreement isi October 1, 2024
TERMS AND CONDITIONS
1. EQUIPMENT: Avfuel agrees to deliver and Lease the foregoing Equipment to Customer for it's sole use, subject to the
following terms and conditions.
2. RENTAL: Customer hereby agrees to pay Avfuel in advance the monthly rentals shown above, prorated for any partial
month
3. TERM:: This lease is for the term of fifty-four (54) months commencing on the effective date set forth above, and shall
thereafter automatically renew month-to-month unless either party shall give notice of intention to terminate. Notice to
terminate shall be given in writing not less than thirty (30) days prior to the termination date, which shall be specified in
the notice. The foregoing notwithstanding, if there is in effect between the parties an Aviation Fuel Supply Agreement
("AFSA"), this Lease shall terminate, without notice, as of the date the AFSA expires or is terminated in accordance with its
terms unless a new or renewal AFSA shall have taken effect between the parties.
4. RETURN OF EQUIPMENT. Upon termination of this Agreement Customer shall deliver and return the Equipment to Avfuel's
place of business in Ann Arbor, Michigan, in as good condition as when Customer received it, normal wear and tear
accepted. Failure to return the Equipment shall be deemed a breach of this Lease. Notwithstanding such breach, Avfuel
may, without foregoing any other remedies available to it, treat the Agreement as continuing from month to month under
the same terms and conditions as were in effect at the end of the lease term. Nothing herein shall require that Customer
perform the repair or maintenance obligations of Avfuel under the provisions of Section 7 below
5. TITLE To EQUIPMENT. Avfuel warrants that it has all necessary rights to lease said Equipment to Customer. Further, the
parties agree that as between themselves, Avfuel has title to the Equipment and Customer shall keep the Equipment free
of liens and shall not do or permit anything to be done that will prejudice the title of Avfuel, or it's rights in the
Equipment. Each item of Equipment shall bear a legend denoting it as the property of Avfuel and Customer shall not
remove or deface that legend under any circumstances.
6. UsE. The Equipment shall be used solely by Customer or its representatives at the above airport, solely for handling
aviation fuels supplied to Customer by Avfuel and shall not be moved from said airport nor operated on any public road
without the prior written consent of Avfuel. No fuel delivered by any other supplier shall be introduced into the
Equipment. Customer will comply with all laws, ordinances and regulations applicable to the possession, operation or use
of the Equipment and will demonstrate compliance upon request.
Form R2A Page 1 of 3 Revised 5/06
T MAINTENANCE:
7.1 Customer will maintain the Equipment in a condition equivalent to that as of the day of this Lease Agreement, normal
wear and tear excepted, and, to that. end, will, at the Customer's sole expense, provide all preventative maintenance,
maintenance, repairs, and replacement parts as are necessary to preserve the Equipment in good operating condition and
in compliance and in conformity with all laws, rules, regulation, and industry standards which are applicable to the
operation of refuelers. Complete and Customer shall keep accurate maintenance records and AvFUEL shall be entitled to
inspect. the Equipment and the maintenance records at any time during regular business hours. At AVFUEL'S option, any
item of repair or maintenance which would be the responsibility of Customer may be performed by AVFUEL and billed back
to Customer as additional rent.
7.2 Customer shall be responsible for a tire maintenance, repair, and replacement. CHANGING A TIRE ON A REFUELER is
VERY DANGEROUS AND MUST NOT BE Kf'I'EMF'rED BY UNTRAINED PERSONNEL. CUSTOMER AGREES THAT IT WILL PERMIT TIRES TO BE CHANGED
ONLY BY AN OUTSIDE CONTRACTOR WHO IS PROFESSIONALLY TRAINED TO DO SUCH WORK.
7.3 Avfuel ASSUMES NO RESPONSIBILITY FOR LOSS OF USE OR ANY OTHER ITEMS OF ANCILLARY DAMAGE WHICH MAY BE CAUSED BY OR
RESULT TO CUSTOMER BY REASON OF THE FACT THAT THE EQUIPMENT BECOMES INOPERABLE.
7.4 Customer shall not make any alterations or modifications to the Equipment of any kind including but not limited tc
painting, mounting of radios or antennas, applying decals or lettering without the express written consent of AvfaeL
BEGINNING HEREOF
"TAXES AND OTHER CHARGES'. The Customer shall pay all taxes, assessments, fees and similar charges (the "Taxe
which are imposed by any federal, state or local governmental agency or by any airport authority (the "Taxing Authoritie
based upon leasing, delivery, use or sale of the Equipment (including, without limitation, sales taxes, use taxe
registration fees, transfer taxes or similar charges), excepting only taxes which are imposed upon AVFUEL based upon i
net income or revenues. If the Taxing Authority collects the Taxes directly from the Customer, then the Customer sh
pay all such Taxes on or before their due dates. If the Taxing Authority requires that the lessor or seller collect the Tax
'lla tt
VFUEL wi t ood faith to include all such I ax
10. EVENTS OF DEFAULT: The following are Events of Default: Failure to pay when due any rental or other sum for which
Customer is obligated hereunder; the failure of Customer to observe or perform any other obligations or covenants
contained herein or in the AFSA currently in force between the parties hereto; Customer's use of leased equipment for
dispensing petroleum products purchased from any one other than Avfuel; the voluntary filing by Customer seeking
protection from creditors under the United States Bankruptcy Code or under state laws designed for the protection of
debtors; the adjudication of a court or tribunal that Customer is insolvent; the assignment of Customer's assets for the
benefit of creditors; the appointment of a trustee, receiver, or other representative to control or operate all or a substantial
part of Customer's property; the occurrence of any event or events which, in the sole opinion of Avfuel, would have a
material adverse effect upon the ability of Customer to meet its future obligations hereunder.
Customer Initial
Form R2A Page 2 of 3 Revised 5/06
11. RIGHTS ON DEFAULT. IN THE EVENT OF DEFAULT, AVFUEL MAY, UPON ORAL OR WRITTEN NOTICE TO CUSTOMER, DECLARE THIS AGREEMENT
TERMINATED AND CANCELED AS OF THE DATE OF SUCH DEFAULT OR AS OF A SUBSEQUENT DATE SPECIFIED IN AVFUEL'S NOTICE OF
TERMINATION TO CUSTOMER. In such event, Avfuel or its agents or employees may, without further notice and without legal
process enter onto any facility of Customer for the purpose of repossessing any item of Equipment or any personal
property of any description owned by Avfuel, and Customer shall use its best efforts to assist Avfuel in such repossession.
Pursuit of the foregoing shall not preclude pursuit of any other remedies provided by law, nor constitute a waiver of any
amount due by Customer hereunder or of any damages accruing by reason of the breach of any of the terms or conditions
contained herein. No waiver of any breach hereof shall be deemed to constitute a waiver of any other breach hereof, and
forbearance to enforce a remedy herein provided upon an event of default shall not be deemed or construed to constitute a
waiver of such default. Aviation fuels on board repossessed Equipment will become the property of Avfuel, and credited
against any amount owed Avfuel by Customer at that day's market price.
12. INSURANCE: Prior to the effectiveness of this Agreement, Customer shall secure at its cost, the following insurance and
furnish Avfuel a Certificate of Insurance, evidencing: (1) commercial general liability insurance, including aircraft products
liability, with limits not less than $1,000,000 combined single limit for bodily injury and property damage; and (2)
automobile liability insurance with limits not less than $1,000,000 combined single limit for bodily injury and property
damage; and (3) workers compensation covering all employees of Customer; (4) physical damage coverage covering the
value of the leased equipment. Insurance policies shall be issued by insurance companies acceptable to Avfuel, shall
name Avfuel as additional insured, or loss payee as the case may be, and shall provide for at least thirty (30) day's written
notice to Avfuel prior to cancellation or modification. Customer shall maintain such policies in full force and effect
throughout the term of this lease and until all of its obligations hereunder have been released by Avfuel.
13. INDEMNIFICATION. CUSTOMER AGREES TO INDEMNIFY AND HOLD AVFUEL AND/OR THE OWNER
OF THE EQUIPMENT HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES,
EXPENSES (INCLUDING ATTORNEY'S FEES), OBLIGATIONS AND CAUSES OF ACTION FOR INJURY TO
OR DEATH OF ANY AND ALL PERSONS, OR FOR DAMAGE TO OR DESTRUCTION OF ANY OR ALL
PROPERTY ARISING OUT OF OR RESULTING FROM THE CONDITION, EXISTENCE, USE OR
MAINTENANCE OF THE EQUIPMENT.
14. The Standard Provisions of Contract of the AFSA, current edition, are incorporated herein by reference and are a part of
this Agreement.
15. Customer may purchase unit described herein from Avfuel immediately after the sixtieth (60th) payment for the sum of
one dollar ($1.00). Full compliance with the lease for its term is required for execution of this provision.
Customer Initial ..__
Form R2A Page 3 of 3 Revised 5/06
Item No. 11
TO: City Council
Robert Vine, Interim City Manager
FROM: Thomas McMonigle, Fire Chief
SUBJECT: Acceptance of State Homeland Security Grant
DATE: October 14, 2024
BACKGROUND: Each year monies become available through the Office of the Governor's Public
Safety Office to fund specific items related to terrorism and infrastructure protection. Over the last
decade we have applied for and received multiple grants through this office and others to fund
specifically our Dive Team and Hazardous Materials Team.
STATUS OF ISSUE: In earlier years the grants were automatically given with the Mayor's or
City Manager's signature verifying the expenditure. Since 2016 we have been required to pass a
resolution by Council verifying the use of these funds. The Resolution is included in the Council
Packet. This grant is for $18,361.00 and is intended to fund a radiation detector for our Regional
Hazardous Materials Response Team. No matching funds are required to accept this grant.
BUDGET: N/A
RECOMMENDATION: Approve the Resolution accepting the grant money from the Office of
the Governor.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING APPLICATION FOR HOMELAND SECURITY GRANT PROGRAM
FOR A GRANT IN THE AMOUNT OF $18,361.00; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris finds it in the best interest of the
citizens of Northeast Texas, that the Paris FD Hazmat project be operated for the 2025; and
WHEREAS, the Paris Fire Department has applied for a grant in the amount of
$18,361.00 from the Office of the Governor's Homeland Security Grant Program to fund a
radiation detector for the Regional Hazardous Materials Response Team; and
WHEREAS, City Council agrees that in the event of loss or misuse of the Office of the
Governor funds, Paris City Council assures that the funds will be returned to the Office of the
Governor in full; and
WHEREAS, City Council designates City Manager as the grantee's authorized official
with the power to apply for, accept, reject, alter or terminate the grant on behalf of the
applicant agency.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the City Council hereby that Paris City Council approves submission of
the grant application for the Paris FD Hazmat project, Grant Number: 5135001, to the Office
of the Governor.
Section 3. That this resolution shall become effective immediately upon its passage.
PASSED AND APPROVED this 14th day of October, 2024.
Mihir Pankaj, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item No. 15
TO: Mayor, Mayor Pro -Tem & City Council
Rob Vine, Interim City Manager
FROM: Richard Salter, Chief of Police
SUBJECT: Designation of Lamar County Sheriff s Office as a Secondary 9-1-1 Public Safety
Answering Point (PSAP) for Lamar County.
DATE: October 14, 2024
BACKGROUND: The Ark -Tex Council of Governments (ATCOG) is a voluntary association of
local governments established under state law for the purpose of promoting intergovernmental
cooperation and strengthening units of local government. The ATCOG administers the 9-1-1
Emergency Telephone System Program for a 9 -County Region including Lamar County. The
ATCOG provides planning and technical assistance to ensure delivery of 9-1-1 calls to the proper
Public Safety Answering Points (PSAP's) which are 24/7 call centers responsible for answering
9-1-1 emergency calls, dispatching the appropriate emergency services, and transferring calls to
other specialized agencies.
In a cooperative effort, ATCOG 9-1-1 works with local Telephone Companies, Wireless
Telephone companies, Voice over Internet Providers (VoIP), and others in the region to ensure
that each 9-1-1 call reaches the correct PSAP with the right location and telephone information.
The Paris Police Department was designated as the Primary PSAP for Lamar County in February
1990, under the authority of the Ark -Tex Council of Governments following the approval of a
Cooperative Working Agreement with the Lamar County Sheriffs Office (LCSO) under City
Council Resolution No. 90-008.
Currently, the Paris Police Department receives all 9-1-1 calls initiated within Lamar County and
then transfers calls from outside city limits to the Lamar County Sheriffs office, which is the
official 9-1-1 contingency agency for the Paris Police Department.
STATUS OF ISSUE: The Lamar County Sheriffs Office seeks ATCOG designation as a
"SECONDARY Public Safety Answering Point" for 9-1-1 calls. By joining the Ark -Tex Council
of Governments Emergency Services Internet (ESInet), the Lamar County Sheriff s Office would
be eligible to receive state and federal funding to cover the procurement of 9-1-1 call taking
equipment to facilitate the delivery of phone subscriber and Automatic Location Information (ALI)
data from the Paris Police Department to LCSO's communications dispatch center. This will
enhance the efficiency of emergency services and response times by the LCSO to Lamar County
residents.
BUDGET: There is no budgetary impact to the City of Paris.
RECOMMENDATION: The City of Paris, City Council deems it in adherence to the existing
Cooperative Working Agreement, and in the best interest of the citizens of Lamar County to
approve a Resolution concurring with the designation of LCSO by ATCOG as a SECONDARY
Public Safety Answering Point.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING THE LAMAR COUNTY SHERIFF'S OFFICE TO RECEIVE CALLS
AS A SECONDARY PUBLIC SAFETY ANSWERING POINT (PSAP); MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did, in its regular council meeting on
February 8, 1988 by Resolution No. 88-011, resolve to provide its wholehearted support to
the establishment of an enhanced 9-1-1 Emergency Telephone System and chose to
participate in the 9-1-1 regional plan under the authority of the Ark -Tex Council of
Governments in accordance with Article 1432f; and,
WHEREAS, the State 9-1-1 Commission required that a Cooperative Working
Agreement be in place prior to the systems being operational; and,
WHEREAS, the City Council of the City of Paris did, in its regular council meeting on
February 12, 1990 by Resolution No. 90-008, resolve to adhere to the State 9-1-1
Commission requirement that a Cooperative Working Agreement be in place prior to the
systems being operational to add Lamar County to the 9-1-1 emergency communications
system; and
WHEREAS, the Paris Police Department is the Primary Public Safety Answering
Point for all 9-1-1 calls for Lamar County and transfers 9-1-1 calls to the Lamar County
Sheriffs office; and
WHEREAS, the Lamar County Sheriffs Office is the official contingency agency for
the Paris Police Department; and
WHEREAS, the City Council deems it in adherence to the Cooperative Working
Agreement and in the best interest of the citizens of Lamar County to continue transferring
calls to the Lamar County Sheriffs Office, establishing its designation as a SECONDARY
Public Safety Answering Point (PSAP) and joining the Ark -Tex Council of Governments
Emergency Services Internet (ESInet) which will allow state and federal funding to cover
the procurement of 9-1-1 call taking equipment and NextGeneration 9-1-1 location
accuracy, functionsm and caller information display.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the City Council hereby approves the Lamar Count Sheriff's Office
as a Secondary PSAP with the capability to receive 9-1-1 calls via Call Handling Equipment
and the Emergency Services Internet.
Section 3. That this resolution shall become effective immediately upon its
passage.
PASSED AND APPROVED this 14th day of October, 2024.
Mihir Pankaj, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item Nos. 16-24
TO: Mayor, Mayor Pro -Tem & City Council
Robert Vine, Interim City Manager
FROM: Paul Strahan, Airport Manager/FBO Operator
SUBJECT: GROUND LEASE AGREEMENT FOR PRIVATE HANGARS
DATE: October 14, 2024
BACKGROUND: LT Wings intends to build 9 private hangars for storage of personal aircraft at
Cox Field Airport.
STATUS OF ISSUE:
Hangar No. 1 - LT Wings is proposing to construct (1) 80' x 80' hangar, hangar 1, parallel to
taxiway Alpha heading north. The ground lease agreement is for a 40 -year period and for an annual
payment of $1,600.00. The city will retain ownership of the land, and, as is typical with a ground
lease, once it expires the city can reclaim any fixed assets remaining on the site. The FAA has
approved the proposed hangar location, and the airport advisory board recommends approval of
the attached ground lease with LT Wings.
Hangar No. 2 - LT Wings is proposing to construct (1) 80' x 80' hangar, hangar 2, parallel to
taxiway Alpha heading north. The ground lease agreement is for a 40 -year period and for an annual
payment of $1,600.00. The city will retain ownership of the land, and, as is typical with a ground
lease, once it expires the city can reclaim any fixed assets remaining on the site. The FAA has
approved the proposed hangar location, and the airport advisory board recommends approval of
the attached ground lease with LT Wings.
Hangar No. 3 - LT Wings is proposing to construct (1) 80' x 80' hangar, hangar 3, parallel to
taxiway Alpha heading north. The ground lease agreement is for a 40 -year period and for an annual
payment of $1,600.00. The city will retain ownership of the land, and, as is typical with a ground
lease, once it expires the city can reclaim any fixed assets remaining on the site. The FAA has
approved the proposed hangar location, and the airport advisory board recommends approval of
the attached ground lease with LT Wings.
Hangar No. 4 - LT Wings is proposing to construct (1) 80' x 80' hangar, hangar 4, parallel to
taxiway Alpha heading north. The ground lease agreement is for a 40 -year period and for an annual
payment of $1,600.00. The city will retain ownership of the land, and, as is typical with a ground
lease, once it expires the city can reclaim any fixed assets remaining on the site. The FAA has
approved the proposed hangar location, and the airport advisory board recommends approval of
the attached ground lease with LT Wings.
Hangar No. 5 - LT Wings is proposing to construct (1) 80' x 80' hangar, hangar 5, parallel to
taxiway Alpha heading north. The ground lease agreement is for a 40 -year period and for an annual
payment of $1,600.00. The city will retain ownership of the land, and, as is typical with a ground
lease, once it expires the city can reclaim any fixed assets remaining on the site. The FAA has
approved the proposed hangar location, and the airport advisory board recommends approval of
the attached ground lease with LT Wings.
Hangar No. 6 - LT Wings is proposing to construct (1) 80' x 80' hangar, hangar 6, parallel to
taxiway Alpha heading north. The ground lease agreement is for a 40 -year period and for an annual
payment of $1,600.00. The city will retain ownership of the land, and, as is typical with a ground
lease, once it expires the city can reclaim any fixed assets remaining on the site. The FAA has
approved the proposed hangar location, and the airport advisory board recommends approval of
the attached ground lease with LT Wings.
Hangar No. 7 - LT Wings is proposing to construct (1) 80' x 80' hangar, hangar 7, parallel to
taxiway Alpha heading north. The ground lease agreement is for a 40 -year period and for an annual
payment of $1,600.00. The city will retain ownership of the land, and, as is typical with a ground
lease, once it expires the city can reclaim any fixed assets remaining on the site. The FAA has
approved the proposed hangar location, and the airport advisory board recommends approval of
the attached ground lease with LT Wings.
Hangar No. 8 - LT Wings is proposing to construct (1) 100' x 80' hangar, hangar 8, parallel to
taxiway Alpha heading north. The ground lease agreement is for a 40 -year period and for an annual
payment of $2,000.00. The city will retain ownership of the land, and, as is typical with a ground
lease, once it expires the city can reclaim any fixed assets remaining on the site. The FAA has
approved the proposed hangar location, and the airport advisory board recommends approval of
the attached ground lease with LT Wings.
Hangar No. 9 - LT Wings is proposing to construct (1) 120' x 100' hangar, hangar 9, parallel to
taxiway Alpha heading north. The ground lease agreement is for a 40 -year period and for an annual
payment of $3,000.00. The city will retain ownership of the land, and, as is typical with a ground
lease, once it expires the city can reclaim any fixed assets remaining on the site. The FAA has
approved of the proposed hangar location, the airport advisory board recommends approval of the
attached ground lease with LT Wings.
BUDGET: These additional private hangars will generate new revenues for the airport.
RECOMMENDATION: Authorize Interim City Manager to execute all 9 ground lease
agreements with LT Wings for construction of private hangars at Cox Field Airport.
HANGAR
AIRPORT GROUND LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LAMAR
This Lease Agreement (AGREEMENT) is made by and between the City of Paris, Texas, a home
rule municipal corporation (LESSOR) and LT Wings (LESSEE).
For and in consideration of the construction of a new 80' x 80" airplane hangar (Hangar 1) and
related improvements, as further described herein, and for the payment of monthly ground lease
rental to LESSOR, LESSOR does hereby lease, rent, and let unto LESEE that portion of Cox Field
real property as described in Exhibit A, attached hereto and made a part hereof.
LESSEE hereby leases said real property from LESSOR subject to the terms, covenants, and
conditions state below, and shall have the right and privilege to construct and maintain certain
improvements of said property. LESSEE accepts property "as is."
Except to the extent provided herein and subject to the provisions hereof, LESSEE shall have and
hold the leased premises, together with all rights, privileges, easements, appurtenances, and
immunities belonging to or in any way appertaining to said leased premises, including, but not
limited to, any and all easements, rights, title and privileges of LESSOR now or hereafter existing in,
to, or under said leased premises, and additionally LESSEE shall be permitted to use in common
with others all streets and other rights of ingress and egress and all runways, taxiways and designated
aprons which are or may hereafter be provided at the Airport.
LEASE TERMS:
1. Subject to the provisions contained herein, LESSEE shall pay to LESSOR an annual ground
lease payment of $0.25 per square foot ($1,600.00 per year), to be paid in advance, beginning on the
commencement date of this lease and continuing regularly thereafter during the term of this lease
and any extensions thereof. At its sole option, LESSEE may prepay any of the rental installments.
2. Rental rates may be adjusted by LESSOR at the end of each five-year lease period, computed
according to the Consumer Price Index (CPI) for Dallas -Fort Worth, Texas, or other rates prevailing
in the Paris area for similar facilities.
3. Should LESSEE fail to make payments in a timely manner, a late penalty of 10% shall be
assessed beginning on the tenth calendar day after the due date. Should payments remain past due
for more than thirty (30) days, AGREEMENT is in default and may be terminated, as provided
herein below.
4. In order to encourage development of the Airport by providing sufficient time for investors to
amortize their investments, the term of this AGREEMENT shall be forty (40) years.
IMPROVEMENTS:
5. LESSEE shall have the right at anytime and from time to time during the term of this lease, to
erect, maintain, alter, remodel, reconstruct, rebuild and replace buildings and other improvements on
the leased premises, and correct and change the contour of the leased premises as necessary.
6. The full expense of any such construction, reconstruction, demolition, or any change, alteration
or improvements shall be borne and paid by LESSEE.
7. No new structure or other improvement, nor any material addition to, or alteration of, any
building or structure shall be commenced unless and until plans, specifications, and proposed
location(s) have been submitted to and approved by LESSOR. Said plans and specifications shall be
prepared by LESSEE, at its own expense, at least thirty (30) days prior to the planned
commencement of such project.
8. LESSOR shall, in a timely manner, review and approve the plans or note in writing any required
changes or corrections that must be made to the plans. Any required changes or corrections must be
made and the plans resubmitted to LESSOR within thirty (30) days after the corrections or changes
have been noted. Failure of LESSOR to object to such resubmitted plans and specifications within
thirty (30) days shall constitute LESSOR's approval of the changes.
9. Minor changes in work or materials not affecting the general character of the building project,
minor repairs and alterations as may be necessary to continue the structures and improvements
already placed in a useful state of operation, and changes and alterations that may be required by an
authorized public official having authority or jurisdiction over such structures or improvements in
order to comply with legal requirements, shall not require submission to and approval by LESSOR
of plans and specifications.
10. The approval by LESSOR of any plans and specifications refers only to the conformity of such
plans and specifications to the general architectural plan for the leased premises and compliance with
all applicable codes and ordinances, and such approval shall not be withheld unreasonably. Such
plans and specifications are not approved for architectural or engineering design, and by approving
such plans and specifications LESSOR assumes no liability or responsibility therefor or for any
defect in any structure constructed from such plans or specifications.
11. Construction of improvements shall be conducted in full conformance with the City's Building
Codes and other pertinent ordinances, including the payment of all building inspection fees or other
fees associated with construction, and with Federal Aviation Administration and Texas Department
of Transportation standards and requirements.
12. Any and all improvements constructed shall be consistent with the purposes provided for in this
AGREEMENT and contribute to furthering the City of Paris's Airport Master Plan or airport
development objectives.
13. LESSEE shall require all contractors and sub -contractors to maintain general commercial
liability and workers' compensation insurance, or in lieu thereof provide such coverage itself.
14. All improvements shall be substantially complete within eighteen (18) months of execution of
AGREEMENT. Failure to timely complete construction of the hangar shall be considered a breach
of the lease agreement and subject the tenant to all customary remedies for such breach, including
termination. In the event that construction has commenced, but will not be completed in a timely
manner, LESSEE may apply to LESSOR for an extension of time, said application to include an
approved construction timing plan. LESSOR is under no obligation to grant the extension in the
absence of the valid excuse, but such extension will not be unreasonably withheld.
15. LESSEE shall provide as -built plans to LESSOR for all improvements made during the term of
this AGREEMENT.
16. LESSEE shall not erect, paint upon, attach, exhibit or display in, on, or about said leased
premises any sign without the prior written consent of LESSOR.
17. All permanent building and improvements placed upon the leased premises by LESSEE shall
become the ad property of LESSEE, and will be classified for ad valorem tax purposes as property
belonging to LESSEE; provided, however, that LESSOR shall not have the right to alter or destroy
any of such improvements except through authorized condemnation procedures, and LESSEE shall
have the full and peaceful use and enjoyment thereof during the primary term of this lease. All
permanent improvements shall become the property of LESSOR upon the termination of the initial
forty (40) year period of AGREEMENT, without compensation to LESSEE.
MAINTENANCE & USE
18. LESSEE shall, at its own cost and expense at all times during the term of AGREEMENT, to
keep and maintain property and facilities in good condition and repair, reasonable wear and tear
alone excepted, complying with all fire, building, and property maintenance codes and zoning
regulations now in force, or that may be hereafter enacted with regard to the use of the airport
premises, maintaining roofs and walls free from leaks and damage, painting as necessary to prevent
and retard rusting and to enhance appearance as the original finishes deteriorate, and maintaining
property clear of clutter, junk, weeds and high grass.
19. LESSEE shall conduct its operation and maintain the leasehold in such a manner as to be free of
environmental contamination, and shall store neither fuel nor defuel any aircraft inside any hangar.
20. LESSEE shall not cause or permit any use or activity that would create a hazardous condition
for aircraft operating at the airport.
21. LESSEE shall pay or cause to be paid all charges for water, gas, electricity, sewer, cable, and
any and all other utilities used on the leased premises throughout the term of AGREEMENT,
including connection fees.
22. The primary purpose for which the leased premises have been leased is for the development and
construction of an airplane hangar to be used for the storage of airplanes and related aeronautical
equipment and other items of personal property pertaining to that use and owned by the LESSEE. In
addition to the provisions and limitations set forth below, LESSEE shall have the right to use the
leased premises for lawful purposes of private use only which are related to aviation or the aviation
industry, in conformance with the requirements of the City's master plan, and in such a manner so as
not to materially and adversely affect the development and improvement, operation, or maintenance
of the airport.
23. No hangar shall be used as a residence or shall be used for residential purposes. However, such
facilities as a sink, bathroom, or associated features to provide for periodic temporary overnight
stays or social uses within a portion of the hangar shall be permitted.
24. No commercial activity is authorized unless it is first approved by the Lessor.
25. LESSEE shall at no time use or permit the use of leased premises in a manner contrary to
federal, state, or local laws, ordinances, rules, or regulations.
26. LESSOR possesses the right to periodically inspect improvements and in no case less often than
annually, accompanied by LESSEE, to ensure all use requirements, including those relating to use,
are being met.
27. LESSEE shall be responsible for all taxes, if any, including without limit sales, use and excise
taxes, ad valorem taxes or other similar taxes, taxes on personal property, and other charges of every
description which are levied on or assigned against the leased premises, which may be assessed upon
the hangar and other improvements, or any other equipment or property associated with the hangar.
28. LESSEE may, at any time and from time to time, encumber the leasehold interest, by deed of
trust, mortgage or other security instrument, without obtaining the consent of LESSOR, but no such
encumbrance shall constitute a lien on the fee title of LESSOR, and the indebtedness secured thereby
shall at all times be and remain inferior and subordinate to all the conditions, covenants and
obligations of this lease and to all of the rights of the LESSOR hereunder.
INDEMNITY & INSURANCE:
29. LESSEE COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS
FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS)
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF LESSEE, ITS
AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN CONNECTION WITH THE
DESIGN, CONSTRUCTION OR INSTALLATION OF THE IMPROVEMENTS, INCLUDING
BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY
SHALL SURVIVE THE TERM OF THIS AGREEMENT. THERE IS NO JOINT ENTERPRISE
BETWEEN LESSOR AND LESSEE.
30. During the period of construction of any building or other improvement on the leased premises
and at all times thereafter during the lease term, LESSEE shall keep the improvements insured
against loss or damage by fire, with extended coverage endorsement or its equivalent, in such
responsible insurance companies as LESSEE shall select and LESSOR shall approve, and in
amounts not less than 80% of the fair insurable value of the buildings and other improvements.
31. In the event any building or improvement constructed on the leased premises is damaged by fire
or any other casualty, regardless of the extent of such damage or destruction, LESSEE shall within
one year from the date of such damage or destruction commence the work of repair, reconstruction
or replacement of damage or destroyed building or improvement and prosecute the same with
reasonable diligence so that the building, to the extent originally constructed by LESSEE, shall be
restored to substantially the condition it was in prior to the happening of the casualty, provided,
however, that if the commencement, construction or completion of said repair, reconstruction or
replacement work shall be prevented or delayed by reason or war, civil commotion, acts of God,
strikes governmental restrictions or regulations, or interferences, fire or other casualty, or any other
reason enumerated or not, the time for commencing or completing, or both, of the construction of
said building, as the case may be, shall automatically be extended for the period of each such delay.
32. LESSEE shall maintain, during the life of AGREEMENT, general liability coverage with
minimum limits for damages resulting from bodily injury or death of $250,000 per person and
$500,000 per occurrence, and $100,000 per occurrence for property damage, or a combined single
limit of $500,000, or in such other amounts mutually agreed upon to fully and reasonably protect
both LESSEE ad LESSOR. LESSOR shall be named as an additional insured with a waiver of
subrogation in favor of LESSOR. All costs of such insurance shall be borne by LESSEE. Such
insurance policy or policies must be issued by a reputable provider licensed to write such policies in
the State of Texas.
DEFAULT & TERMINATION:
33. Should LESSEE default in the performance of any covenant or condition in AGREEMENT, and
such default is not corrected within thirty (30) days after receipt of written notice from LESSOR to
LESSEE, LESSOR may declare AGREEMENT, and all rights and interest created by it, to be
terminated. Upon LESSOR electing to terminate, AGREEMENT shall cease and come to an end as
if that were the day originally fixed herein for the expiration of the term hereof. LESSOR, its agent
or attorney, may resume possession of the premises and release LESSEE of all liability or relet the
same for the remainder of the term at the best rent LESSOR, its agent or attorney may obtain for the
account of LESSEE, who shall make good any deficiency
34. Any termination of this lease as herein provided shall not relieve LESSEE from the payment of
any sum or sums that shall then be due and payable to LESSOR hereunder, or any claim or damages
then or theretofore accruing against LESSEE hereunder, and any such termination shall not prevent
LESSOR from enforcing the payment of any such sum or sums or claim damages by any remedy
provided for by law or from recovering damages from LESSEE for any default thereunder. No
termination shall relieve LESSEE of the obligation to deliver and perform on all outstanding
obligations and requirements prior to the effective date of the termination.
35. In the event of the failure on the part of LESSEE upon termination of AGREEMENT to
immediately remove from the leased premises all property owned by it, LESSOR may effect such
removal and store such property at LESSEE's expense.
36. LESEE shall pay and discharge all reasonable costs, attorney's fees, and expenses that maybe
incurred by LESSOR in enforcing the covenants and conditions of AGREEMENT.
37. Notwithstanding the foregoing, no failure to perform or delay in performance which is
caused by any war, civil disorder, or other national emergency or which is due to an intervening act
of God shall be deemed an event of default during the pending force majeure event.
38. Tenants of hangars which are built by LESSEE as consideration for a long-term ground lease
shall be given the right -of -first -refusal for the lease of such hangar upon the termination or
expiration of the initial lease, the rental rate for such hangars to be determined as set out herein.
RESERVED TO LESSOR:
39. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive
right except as to the premises leased herein.
40. LESSOR reserves the right to further develop or improve the landing area of the airport as it
sees fit, regardless of the desires or view of LESSEE, including the temporary closing of the airport,
and the granting of an exclusive right.
41. The parties agree that LESSOR has not waived its sovereign immunity by entering into and
performing its obligations under this AGREEMENT.
42. LESSOR will maintain and keep in repair the landing area of the airport and all publicly owned
facilities of the airport, together with the right to direct and control all activities of LESSEE in this
regard.
43. During a time of war or national emergency, LESSOR shall have the right to lease the landing
area or any part thereof to the United States Government for military use, and, if such lease is
executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the
lease to the Government shall be suspended.
44. LESSOR reserves the right to take any action it considers necessary to protect the aerial
approaches of the airport against obstruction, together with the right to prevent LESSEE from
erecting, or permitting to be erected, any building or other structure on or adjacent to the airport
which, in the opinion of the LESSOR, would limit the usefulness of the airport or constitute a hazard
to aircraft.
45. During the final 180 days of the term of AGREEMENT, LES SSOR shall have the right to erect
and maintain on or about the leased premises customary signs advertising the premises for sale or
lease.
46. This lease shall be subordinate to the provisions of any existing or future agreement between
LESSOR and the United States, relative to the operation or maintenance of the airport, the execution
of which has been or may be required as a condition precedent to the expenditure of Federal funds
for the development of the airport.
47. Holding over by LESSEE of the airport premises after the expiration of this Agreement shall
operate and be construed as a tenancy from day to day at a rental rate computed from the rental rate
then prevailing under this lease.
48. LESSOR may, at its option, and following a ninety (90) day written notice period, terminate
AGREEMENT as to the land, the hangar building, or any parts thereof, which may be necessary in
the event LESSOR desires to use the property, or any portion thereof, for any governmental purpose
as determined by LESSOR, such as but not limited to, extension of runways or taxiways, utility or
drainage improvements, or the expansion of existing buildings or the erection of other airport
facilities. If LESSOR so terminates all or a portion of AGREEMENT, LESSOR shall pay to
LESSEE 2.5% of the total construction costs of all improvements multiplied by the number of years
remaining in the lease term.
49. Nothing herein contained shall be construed to deny the LESSOR its right to condemn the
leased property through its power of eminent domain. In the event of condemnation of all or any
portion of the leased premises, the leasehold interest of LESSEE shall be deemed to include all rights
under this lease including, but not limited to, the right to occupy the improvements placed on the
leased premises.
MISCELLANEOUS
50. The undersigned officers and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this AGREEMENT on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions or other acts extending such
authority have been duly passed and are now in full force and effect.
51. This Agreement represents the entire and integrated agreement between LESSOR and LESSEE
and supersedes all prior negotiations, representations and/or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both LESSOR and LESSEE.
52. If any clause, paragraph, section or portion of this AGREEMENT shall be found to be illegal,
unlawful, unconstitutional or void for any reason, the balance of the AGREEMENT shall remain in
full force and effect and the parties shall be deemed to have contracted as if said clause, section,
paragraph or portion had not been in the Agreement initially.
53. This AGREEMENT is executed by the parties hereto without coercion or duress and for
substantial consideration, the sufficiency of which is hereby acknowledged.
54. Waiver by either party or any breach of this AGREEMENT, or the failure of either party to
enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or
waive such party's right thereafter to enforce and compel strict compliance of the AGREEMENT.
55. This AGREEMENT shall be drafted equally by all parties hereto. The language of all parts of
this AGREEMENT shall be construed as a whole according to its fair meaning, and any presumption
or principle that the language herein is to be construed against any party shall not apply. Headings in
this AGREEMENT are for the convenience of the parties and are not intended to be used in
construing this document.
56. This AGREEMENT maybe executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes.
57. This AGREEMENT shall not be assigned without the written consent of LESSOR, which shall
not be unreasonably withheld, conditioned or delayed. Any amendment to this AGREEMENT shall
be in writing and signed by all parties to the AGREEMENT.
58. The rights and remedies provided by the AGREEMENT are cumulative, and the use of anyone
right or remedy by LESSOR shall not preclude or waive any right to use any or all other remedies.
59. Where the terms of this AGREEMENT require that notice in writing be provided, such notice
shall be deemed delivered three (3) days following the deposit of the notice in the United States
mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed as
follows:
Lessor: City of Paris
Lessee:
P. O. Box 9037
Paris, TX 75461-9037
Texas
Email:
60. This AGREEMENT shall be binding upon, and inure to the benefit of, the parties of this Lease
and their respective heirs, executors, administrators, legal representatives, successors, and assigns
when permitted by this Agreement.
61. This AGREEMENT shall be construed under, and in accordance with the laws of the State of
Texas, and all obligations of the parties created by this Lease are performable in Lamar County,
Texas.
EXECUTED on this day of
THE CITY OF PARIS, TEXAS
Interim City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF TEXAS
COUNTY OF LAMAR
2024, to be effective - — - - ------ —""120—.
LESSEE
LT Wings
This instrument was acknowledged before me on the day of _ , 20, by
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on the day of , 20by
Notary Public, State of Texas
HANGAR 2
AIRPORT GROUND LEASE AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LAMAR
This Lease Agreement (AGREEMENT) is made by and between the City of Paris, Texas, a home
rule municipal corporation (LESSOR) and LT Wings (LESSEE).
For and in consideration of the construction of a new 80' x 80" airplane hangar (Hangar 2) and
related improvements, as further described herein, and for the payment of monthly ground lease
rental to LESSOR, LESSOR does hereby lease, rent, and let unto LESEE that portion of Cox Field
real property as described in Exhibit A, attached hereto and made a part hereof.
LESSEE hereby leases said real property from LESSOR subject to the terms, covenants, and
conditions state below, and shall have the right and privilege to construct and maintain certain
improvements of said property. LESSEE accepts property "as is."
Except to the extent provided herein and subject to the provisions hereof, LESSEE shall have and
hold the leased premises, together with all rights, privileges, easements, appurtenances, and
immunities belonging to or in any way appertaining to said leased premises, including, but not
limited to, any and all easements, rights, title and privileges of LESSOR now or hereafter existing in,
to, or under said leased premises, and additionally LESSEE shall be permitted to use in common
with others all streets and other rights of ingress and egress and all runways, taxiways and designated
aprons which are or may hereafter be provided at the Airport.
LEASE TERMS:
1. Subject to the provisions contained herein, LESSEE shall pay to LESSOR an annual ground
lease payment of $0.25 per square foot ($1,600.00 per year), to be paid in advance, beginning on the
commencement date of this lease and continuing regularly thereafter during the term of this lease
and any extensions thereof. At its sole option, LESSEE may prepay any of the rental installments.
2. Rental rates may be adjusted by LESSOR at the end of each five-year lease period, computed
according to the Consumer Price Index (CPI) for Dallas -Fort Worth, Texas, or other rates prevailing
in the Paris area for similar facilities.
3. Should LESSEE fail to make payments in a timely manner, a late penalty of 10% shall be
assessed beginning on the tenth calendar day after the due date. Should payments remain past due
for more than thirty (30) days, AGREEMENT is in default and may be terminated, as provided
herein below.
4. In order to encourage development of the Airport by providing sufficient time for investors to
amortize their investments, the term of this AGREEMENT shall be forty (40) years.
IMPROVEMENTS:
5. LESSEE shall have the right at any time and from time to time during the term of this lease, to
erect, maintain, alter, remodel, reconstruct, rebuild and replace buildings and other improvements on
the leased premises, and correct and change the contour of the leased premises as necessary.
6. The full expense of any such construction, reconstruction, demolition, or any change, alteration
or improvements shall be borne and paid by LESSEE.
7. No new structure or other improvement, nor any material addition to, or alteration of, any
building or structure shall be commenced unless and until plans, specifications, and proposed
location(s) have been submitted to and approved by LESSOR. Said plans and specifications shall be
prepared by LESSEE, at its own expense, at least thirty (30) days prior to the planned
commencement of such project.
S. LESSOR shall, in a timely manner, review and approve the plans or note in writing any required
changes or corrections that must be made to the plans. Any required changes or corrections must be
made and the plans resubmitted to LESSOR within thirty (30) days after the corrections or changes
have been noted. Failure of LESSOR to object to such resubmitted plans and specifications within
thirty (30) days shall constitute LESSOR's approval of the changes.
9. Minor changes in work or materials not affecting the general character of the building project,
minor repairs and alterations as may be necessary to continue the structures and improvements
already placed in a useful state of operation, and changes and alterations that may be required by an
authorized public official having authority or jurisdiction over such structures or improvements in
order to comply with legal requirements, shall not require submission to and approval by LESSOR
of plans and specifications.
10. The approval by LESSOR of any plans and specifications refers only to the conformity of such
plans and specifications to the general architectural plan for the leased premises and compliance with
all applicable codes and ordinances, and such approval shall not be withheld unreasonably. Such
plans and specifications are not approved for architectural or engineering design, and by approving
such plans and specifications LESSOR assumes no liability or responsibility therefor or for any
defect in any structure constructed from such plans or specifications.
11. Construction of improvements shall be conducted in full conformance with the City's Building
Codes and other pertinent ordinances, including the payment of all building inspection fees or other
fees associated with construction, and with Federal Aviation Administration and Texas Department
of Transportation standards and requirements.
12. Any and all improvements constructed shall be consistent with the purposes provided for in this
AGREEMENT and contribute to furthering the City of Paris's Airport Master Plan or airport
development objectives.
13. LESSEE shall require all contractors and sub -contractors to maintain general commercial
liability and workers' compensation insurance, or in lieu thereof provide such coverage itself.
14. All improvements shall be substantially complete within eighteen (18) months of execution of
AGREEMENT. Failure to timely complete construction of the hangar shall be considered a breach
of the lease agreement and subject the tenant to all customary remedies for such breach, including
termination. In the event that construction has commenced, but will not be completed in a timely
manner, LESSEE may apply to LESSOR for an extension of time, said application to include an
approved construction timing plan. LESSOR is under no obligation to grant the extension in the
absence of the valid excuse, but such extension will not be unreasonably withheld.
15. LESSEE shall provide as -built plans to LESSOR for all improvements made during the term of
this AGREEMENT.
16. LESSEE shall not erect, paint upon, attach, exhibit or display in, on, or about said leased
premises any sign without the prior written consent of LESSOR.
17. All permanent building and improvements placed upon the leased premises by LESSEE shall
become the ad property of LESSEE, and will be classified for ad valorem tax purposes as property
belonging to LESSEE; provided, however, that LESSOR shall not have the right to alter or destroy
any of such improvements except through authorized condemnation procedures, and LESSEE shall
have the full and peaceful use and enjoyment thereof during the primary term of this lease. All
permanent improvements shall become the property of LESSOR upon the termination of the initial
forty (40) year period of AGREEMENT, without compensation to LESSEE.
MAINTENANCE & USE
18. LESSEE shall, at its own cost and expense at all times during the term of AGREEMENT, to
keep and maintain property and facilities in good condition and repair, reasonable wear and tear
alone excepted, complying with all fire, building, and property maintenance codes and zoning
regulations now in force, or that may be hereafter enacted with regard to the use of the airport
premises, maintaining roofs and walls free from leaks and damage, painting as necessary to prevent
and retard rusting and to enhance appearance as the original finishes deteriorate, and maintaining
property clear of clutter, junk, weeds and high grass.
19. LESSEE shall conduct its operation and maintain the leasehold in such a manner as to be free of
environmental contamination, and shall store neither fuel nor defuel any aircraft inside any hangar.
20. LESSEE shall not cause or permit any use or activity that would create a hazardous condition
for aircraft operating at the airport.
21. LESSEE shall pay or cause to be paid all charges for water, gas, electricity, sewer, cable, and
any and all other utilities used on the leased premises throughout the term of AGREEMENT,
including connection fees.
22. The primary purpose for which the leased premises have been leased is for the development and
construction of an airplane hangar to be used for the storage of airplanes and related aeronautical
equipment and other items of personal property pertaining to that use and owned by the LESSEE. In
addition to the provisions and limitations set forth below, LESSEE shall have the right to use the
leased premises for lawful purposes of private use only which are related to aviation or the aviation
industry, in conformance with the requirements of the City's master plan, and in such a manner so as
not to materially and adversely affect the development and improvement, operation, or maintenance
of the airport.
23. No hangar shall be used as a residence or shall be used for residential purposes. However, such
facilities as a sink, bathroom, or associated features to provide for periodic temporary overnight
stays or social uses within a portion of the hangar shall be permitted.
24. No commercial activity is authorized unless it is first approved by the Lessor.
25. LESSEE shall at no time use or permit the use of leased premises in a manner contrary to
federal, state, or local laws, ordinances, rules, or regulations.
26. LESSOR possesses the right to periodically inspect improvements and in no case less often than
annually, accompanied by LESSEE, to ensure all use requirements, including those relating to use,
are being met.
27. LESSEE shall be responsible for all taxes, if any, including without limit sales, use and excise
taxes, ad valorem taxes or other similar taxes, taxes on personal property, and other charges of every
description which are levied on or assigned against the leased premises, which may be assessed upon
the hangar and other improvements, or any other equipment or property associated with the hangar.
28. LESSEE may, at any time and from time to time, encumber the leasehold interest, by deed of
trust, mortgage or other security instrument, without obtaining the consent of LESSOR, but no such
encumbrance shall constitute a lien on the fee title of LESSOR, and the indebtedness secured thereby
shall at all times be and remain inferior and subordinate to all the conditions, covenants and
obligations of this lease and to all of the rights of the LESSOR hereunder.
INDEMNITY & INSURANCE:
29. LESSEE COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS
FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS)
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF LESSEE, ITS
AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN CONNECTION WITH THE
DESIGN, CONSTRUCTION OR INSTALLATION OF THE IMPROVEMENTS, INCLUDING
BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY
SHALL SURVIVE THE TERM OF THIS AGREEMENT. THERE IS NO JOINT ENTERPRISE
BETWEEN LESSOR AND LESSEE.
30. During the period of construction of any building or other improvement on the leased premises
and at all times thereafter during the lease term, LESSEE shall keep the improvements insured
against loss or damage by fire, with extended coverage endorsement or its equivalent, in such
responsible insurance companies as LESSEE shall select and LESSOR shall approve, and in
amounts not less than 80% of the fair insurable value of the buildings and other improvements.
31. In the event any building or improvement constructed on the leased premises is damaged by fire
or any other casualty, regardless of the extent of such damage or destruction, LESSEE shall within
one year from the date of such damage or destruction commence the work of repair, reconstruction
or replacement of damage or destroyed building or improvement and prosecute the same with
reasonable diligence so that the building, to the extent originally constructed by LESSEE, shall be
restored to substantially the condition it was in prior to the happening of the casualty, provided,
however, that if the commencement, construction or completion of said repair, reconstruction or
replacement work shall be prevented or delayed by reason or war, civil commotion, acts of God,
strikes governmental restrictions or regulations, or interferences, fire or other casualty, or any other
reason enumerated or not, the time for commencing or completing, or both, of the construction of
said building, as the case may be, shall automatically be extended for the period of each such delay.
32. LESSEE shall maintain, during the life of AGREEMENT, general liability coverage with
minimum limits for damages resulting from bodily injury or death of $250,000 per person and
$500,000 per occurrence, and $100,000 per occurrence for property damage, or a combined single
limit of $500,000, or in such other amounts mutually agreed upon to fully and reasonably protect
both LESSEE ad LESSOR. LESSOR shall be named as an additional insured with a waiver of
subrogation in favor of LESSOR. All costs of such insurance shall be borne by LESSEE. Such
insurance policy or policies must be issued by a reputable provider licensed to write such policies in
the State of Texas.
DEFAULT & TERMINATION:
33. Should LESSEE default in the performance of any covenant or condition in AGREEMENT, and
such default is not corrected within thirty (30) days after receipt of written notice from LESSOR to
LESSEE, LESSOR may declare AGREEMENT, and all rights and interest created by it, to be
terminated. Upon LESSOR electing to terminate, AGREEMENT shall cease and come to an end as
if that were the day originally fixed herein for the expiration of the term hereof. LESSOR, its agent
or attorney, may resume possession of the premises and release LESSEE of all liability or relet the
same for the remainder of the term at the best rent LESSOR, its agent or attorney may obtain for the
account of LESSEE, who shall make good any deficiency
34. Any termination of this lease as herein provided shall not relieve LESSEE from the payment of
any sum or sums that shall then be due and payable to LESSOR hereunder, or any claim or damages
then or theretofore accruing against LESSEE hereunder, and any such termination shall not prevent
LESSOR from enforcing the payment of any such sum or sums or claim damages by any remedy
provided for by law or from recovering damages from LESSEE for any default thereunder. No
termination shall relieve LESSEE of the obligation to deliver and perform on all outstanding
obligations and requirements prior to the effective date of the termination.
35. In the event of the failure on the part of LESSEE upon termination of AGREEMENT to
immediately remove from the leased premises all property owned by it, LESSOR may effect such
removal and store such property at LESSEE's expense.
36. LESEE shall pay and discharge all reasonable costs, attorney's fees, and expenses that maybe
incurred by LESSOR in enforcing the covenants and conditions of AGREEMENT.
37. Notwithstanding the foregoing, no failure to perform or delay in performance which is caused
by any war, civil disorder, or other national emergency or which is due to an intervening act of God
shall be deemed an event of default during the pending force majeure event.
38. Tenants of hangars which are built by LESSEE as consideration for a long-term ground lease
shall be given the right -of -first -refusal for the lease of such hangar upon the termination or
expiration of the initial lease, the rental rate for such hangars to be determined as set out herein.
RESERVED TO LESSOR:
39. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive
right except as to the premises leased herein.
40. LESSOR reserves the right to further develop or improve the landing area of the airport as it
sees fit, regardless of the desires or view of LESSEE, including the temporary closing of the airport,
and the granting of an exclusive right.
41. The parties agree that LESSOR has not waived its sovereign immunity by entering into and
performing its obligations under this AGREEMENT.
42. LESSOR will maintain and keep in repair the landing area of the airport and all publicly owned
facilities of the airport, together with the right to direct and control all activities of LESSEE in this
regard.
43. During a time of war or national emergency, LESSOR shall have the right to lease the landing
area or any part thereof to the United States Government for military use, and, if such lease is
executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the
lease to the Government shall be suspended.
44. LESSOR reserves the right to take any action it considers necessary to protect the aerial
approaches of the airport against obstruction, together with the right to prevent LESSEE from
erecting, or permitting to be erected, any building or other structure on or adjacent to the airport
which, in the opinion of the LESSOR, would limit the usefulness of the airport or constitute a hazard
to aircraft.
45. During the final 180 days of the term of AGREEMENT, LES SSOR shall have the right to erect
and maintain on or about the leased premises customary signs advertising the premises for sale or
lease.
46. This lease shall be subordinate to the provisions of any existing or future agreement between
LESSOR and the United States, relative to the operation or maintenance of the airport, the execution
of which has been or may be required as a condition precedent to the expenditure of Federal funds
for the development of the airport.
47. Holding over by LESSEE of the airport premises after the expiration of this Agreement shall
operate and be construed as a tenancy from day to day at a rental rate computed from the rental rate
then prevailing under this lease.
48. LESSOR may, at its option, and following a ninety (90) day written notice period, terminate
AGREEMENT as to the land, the hangar building, or any parts thereof, which may be necessary in
the event LESSOR desires to use the property, or any portion thereof, for any governmental purpose
as determined by LESSOR, such as but not limited to, extension of runways or taxiways, utility or
drainage improvements, or the expansion of existing buildings or the erection of other airport
facilities. If LESSOR so terminates all or a portion of AGREEMENT, LESSOR shall pay to
LESSEE 2.5% of the total construction costs of all improvements multiplied by the number of years
remaining in the lease term.
49. Nothing herein contained shall be construed to deny the LESSOR its right to condemn the
leased property through its power of eminent domain. In the event of condemnation of all or any
portion of the leased premises, the leasehold interest of LESSEE shall be deemed to include all rights
under this lease including, but not limited to, the right to occupy the improvements placed on the
leased premises.
MISCELLANEOUS
50. The undersigned officers and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this AGREEMENT on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions or other acts extending such
authority have been duly passed and are now in full force and effect.
51. This Agreement represents the entire and integrated agreement between LESSOR and LESSEE
and supersedes all prior negotiations, representations and/or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both LESSOR and LESSEE.
52. If any clause, paragraph, section or portion of this AGREEMENT shall be found to be illegal,
unlawful, unconstitutional or void for any reason, the balance of the AGREEMENT shall remain in
full force and effect and the parties shall be deemed to have contracted as if said clause, section,
paragraph or portion had not been in the Agreement initially.
53. This AGREEMENT is executed by the parties hereto without coercion or duress and for
substantial consideration, the sufficiency of which is hereby acknowledged.
54. Waiver by either party or any breach of this AGREEMENT, or the failure of either party to
enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or
waive such party's right thereafter to enforce and compel strict compliance of the AGREEMENT.
55. This AGREEMENT shall be drafted equally by all parties hereto. The language of all parts of
this AGREEMENT shall be construed as a whole according to its fair meaning, and any presumption
or principle that the language herein is to be construed against any parry shall not apply. Headings in
this AGREEMENT are for the convenience of the parties and are not intended to be used in
construing this document.
56. This AGREEMENT may be executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes.
57. This AGREEMENT shall not be assigned without the written consent of LESSOR, which shall
not be unreasonably withheld, conditioned or delayed. Any amendment to this AGREEMENT shall
be in writing and signed by all parties to the AGREEMENT.
58. The rights and remedies provided by the AGREEMENT are cumulative, and the use of anyone
right or remedy by LESSOR shall not preclude or waive any right to use any or all other remedies.
59. Where the terms of this AGREEMENT require that notice in writing be provided, such notice
shall be deemed delivered three (3) days following the deposit of the notice in the United States
mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed as
follows:
Lessor: City of Paris
Lessee:
P. O. Box 9037
Paris, TX 75461-9037
, Texas
Email:
60. This AGREEMENT shall be binding upon, and inure to the benefit of, the parties of this Lease
and their respective heirs, executors, administrators, legal representatives, successors, and assigns
when permitted by this Agreement.
61. This AGREEMENT shall be construed under, and in accordance with the laws of the State of
Texas, and all obligations of the parties created by this Lease are performable in Lamar County,
Texas.
EXECUTED on this day of
THE CITY OF PARIS, TEXAS
Interim City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF TEXAS
COUNTY OF LAMAR
2024, to be effective _.. , 20_.
LESSEE
LT Wings
This instrument was acknowledged before me on the day of m mm m m w, 20, by
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on the day of , 20, by
Notary Public, State of Texas
HANGAR 3
AIRPORT GROUND LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LAMAR §
KNOW ALL MEN BY THESE PRESENTS
This Lease Agreement (AGREEMENT) is made by and between the City of Paris, Texas, a home
rule municipal corporation (LESSOR) and LT Wings (LESSEE).
For and in consideration of the construction of a new 80' x 80" airplane hangar (Hangar 3) and
related improvements, as further described herein, and for the payment of monthly ground lease
rental to LESSOR, LESSOR does hereby lease, rent, and let unto LESEE that portion of Cox Field
real property as described in Exhibit A, attached hereto and made a part hereof.
LESSEE hereby leases said real property from LESSOR subject to the terms, covenants, and
conditions state below, and shall have the right and privilege to construct and maintain certain
improvements of said property. LESSEE accepts property "as is."
Except to the extent provided herein and subject to the provisions hereof, LESSEE shall have and
hold the leased premises, together with all rights, privileges, easements, appurtenances, and
immunities belonging to or in any way appertaining to said leased premises, including, but not
limited to, any and all easements, rights, title and privileges of LESSOR now or hereafter existing in,
to, or under said leased premises, and additionally LESSEE shall be permitted to use in common
with others all streets and other rights of ingress and egress and all runways, taxiways and designated
aprons which are or may hereafter be provided at the Airport.
LEASE TERMS:
1. Subject to the provisions contained herein, LESSEE shall pay to LESSOR an annual ground
lease payment of $0.25 per square foot ($1,600.00 per year), to be paid in advance, beginning on the
commencement date of this lease and continuing regularly thereafter during the term of this lease
and any extensions thereof. At its sole option, LESSEE may prepay any of the rental installments.
2. Rental rates may be adjusted by LESSOR at the end of each five-year lease period, computed
according to the Consumer Price Index (CPI) for Dallas -Fort Worth, Texas, or other rates prevailing
in the Paris area for similar facilities.
3. Should LESSEE fail to make payments in a timely manner, a late penalty of 10% shall be
assessed beginning on the tenth calendar day after the due date. Should payments remain past due
for more than thirty (30) days, AGREEMENT is in default and may be terminated, as provided
herein below.
4. In order to encourage development of the Airport by providing sufficient time for investors to
amortize their investments, the term of this AGREEMENT shall be forty (40) years.
IMPROVEMENTS:
5. LESSEE shall have the right at any time and from time to time during the term of this lease, to
erect, maintain, alter, remodel, reconstruct, rebuild and replace buildings and other improvements on
the leased premises, and correct and change the contour of the leased premises as necessary.
6. The full expense of any such construction, reconstruction, demolition, or any change, alteration
or improvements shall be borne and paid by LESSEE.
7. No new structure or other improvement, nor any material addition to, or alteration of, any
building or structure shall be commenced unless and until plans, specifications, and proposed
location(s) have been submitted to and approved by LESSOR. Said plans and specifications shall be
prepared by LESSEE, at its own expense, at least thirty (30) days prior to the planned
commencement of such project.
8. LESSOR shall, in a timely manner, review and approve the plans or note in writing any required
changes or corrections that must be made to the plans. Any required changes or corrections must be
made and the plans resubmitted to LESSOR within thirty (30) days after the corrections or changes
have been noted. Failure of LESSOR to object to such resubmitted plans and specifications within
thirty (30) days shall constitute LESSOR's approval of the changes.
9. Minor changes in work or materials not affecting the general character of the building project,
minor repairs and alterations as may be necessary to continue the structures and improvements
already placed in a useful state of operation, and changes and alterations that may be required by an
authorized public official having authority or jurisdiction over such structures or improvements in
order to comply with legal requirements, shall not require submission to and approval by LESSOR
of plans and specifications.
10. The approval by LESSOR of any plans and specifications refers only to the conformity of such
plans and specifications to the general architectural plan for the leased premises and compliance with
all applicable codes and ordinances, and such approval shall not be withheld unreasonably. Such
plans and specifications are not approved for architectural or engineering design, and by approving
such plans and specifications LESSOR assumes no liability or responsibility therefor or for any
defect in any structure constructed from such plans or specifications.
11. Construction of improvements shall be conducted in full conformance with the City's Building
Codes and other pertinent ordinances, including the payment of all building inspection fees or other
fees associated with construction, and with Federal Aviation Administration and Texas Department
of Transportation standards and requirements.
12. Any and all improvements constructed shall be consistent with the purposes provided for in this
AGREEMENT and contribute to furthering the City of Paris's Airport Master Plan or airport
development objectives.
13. LESSEE shall require all contractors and sub -contractors to maintain general commercial
liability and workers' compensation insurance, or in lieu thereof provide such coverage itself.
14. All improvements shall be substantially complete within eighteen (18) months of execution of
AGREEMENT. Failure to timely complete construction of the hangar shall be considered a breach
of the lease agreement and subject the tenant to all customary remedies for such breach, including
termination. In the event that construction has commenced, but will not be completed in a timely
manner, LESSEE may apply to LESSOR for an extension of time, said application to include an
approved construction timing plan. LESSOR is under no obligation to grant the extension in the
absence of the valid excuse, but such extension will not be unreasonably withheld.
15. LESSEE shall provide as -built plans to LESSOR for all improvements made during the term of
this AGREEMENT.
16. LESSEE shall not erect, paint upon, attach, exhibit or display in, on, or about said leased
premises any sign without the prior written consent of LESSOR.
17. All permanent building and improvements placed upon the leased premises by LESSEE shall
become the ad property of LESSEE, and will be classified for ad valorem tax purposes as property
belonging to LESSEE; provided, however, that LESSOR shall not have the right to alter or destroy
any of such improvements except through authorized condemnation procedures, and LESSEE shall
have the full and peaceful use and enjoyment thereof during the primary term of this lease. All
permanent improvements shall become the property of LESSOR upon the termination of the initial
forty (40) year period of AGREEMENT, without compensation to LESSEE.
MAINTENANCE & USE
18. LESSEE shall, at its own cost and expense at all times during the term of AGREEMENT, to
keep and maintain property and facilities in good condition and repair, reasonable wear and tear
alone excepted, complying with all fire, building, and property maintenance codes and zoning
regulations now in force, or that may be hereafter enacted with regard to the use of the airport
premises, maintaining roofs and walls free from leaks and damage, painting as necessary to prevent
and retard rusting and to enhance appearance as the original finishes deteriorate, and maintaining
property clear of clutter, junk, weeds and high grass.
19. LESSEE shall conduct its operation and maintain the leasehold in such amanner as to be free of
environmental contamination, and shall store neither fuel nor defuel any aircraft inside any hangar.
20. LESSEE shall not cause or permit any use or activity that would create a hazardous condition
for aircraft operating at the airport.
21. LESSEE shall pay or cause to be paid all charges for water, gas, electricity, sewer, cable, and
any and all other utilities used on the leased premises throughout the term of AGREEMENT,
including connection fees.
22. The primary purpose for which the leased premises have been leased is for the development and
construction of an airplane hangar to be used for the storage of airplanes and related aeronautical
equipment and other items of personal property pertaining to that use and owned by the LES SEE. In
addition to the provisions and limitations set forth below, LESSEE shall have the right to use the
leased premises for lawful purposes of private use only which are related to aviation or the aviation
industry, in conformance with the requirements of the City's master plan, and in such a manner so as
not to materially and adversely affect the development and improvement, operation, or maintenance
of the airport.
23. No hangar shall be used as a residence or shall be used for residential purposes. However, such
facilities as a sink, bathroom, or associated features to provide for periodic temporary overnight
stays or social uses within a portion of the hangar shall be permitted.
24. No commercial activity is authorized unless it is first approved by the Lessor.
25. LESSEE shall at no time use or permit the use of leased premises in a manner contrary to
federal, state, or local laws, ordinances, rules, or regulations.
26. LESSOR possesses the right to periodically inspect improvements and in no case less often than
annually, accompanied by LESSEE, to ensure all use requirements, including those relating to use,
are being met.
27. LESSEE shall be responsible for all taxes, if any, including without limit sales, use and excise
taxes, ad valorem taxes or other similar taxes, taxes on personal property, and other charges of every
description which are levied on or assigned against the leased premises, which may be assessed upon
the hangar and other improvements, or any other equipment or property associated with the hangar.
28. LESSEE may, at any time and from time to time, encumber the leasehold interest, by deed of
trust, mortgage or other security instrument, without obtaining the consent of LESSOR, but no such
encumbrance shall constitute a lien on the fee title of LESSOR, and the indebtedness secured thereby
shall at all times be and remain inferior and subordinate to all the conditions, covenants and
obligations of this lease and to all of the rights of the LESSOR hereunder.
INDEMNITY & INSURANCE:
29. LESSEE COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS
FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS)
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF LESSEE, ITS
AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN CONNECTION WITH THE
DESIGN, CONSTRUCTION OR INSTALLATION OF THE IMPROVEMENTS, INCLUDING
BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY
SHALL SURVIVE THE TERM OF THIS AGREEMENT. THERE IS NO JOINT ENTERPRISE
BETWEEN LESSOR AND LESSEE.
30. During the period of construction of any building or other improvement on the leased premises
and at all times thereafter during the lease term, LESSEE shall keep the improvements insured
against loss or damage by fire, with extended coverage endorsement or its equivalent, in such
responsible insurance companies as LESSEE shall select and LESSOR shall approve, and in
amounts not less than 80% of the fair insurable value of the buildings and other improvements.
31. In the event any building or improvement constructed on the leased premises is damaged by fire
or any other casualty, regardless of the extent of such damage or destruction, LESSEE shall within
one year from the date of such damage or destruction commence the work of repair, reconstruction
or replacement of damage or destroyed building or improvement and prosecute the same with
reasonable diligence so that the building, to the extent originally constructed by LESSEE, shall be
restored to substantially the condition it was in prior to the happening of the casualty, provided,
however, that if the commencement, construction or completion of said repair, reconstruction or
replacement work shall be prevented or delayed by reason or war, civil commotion, acts of God,
strikes governmental restrictions or regulations, or interferences, fire or other casualty, or any other
reason enumerated or not, the time for commencing or completing, or both, of the construction of
said building, as the case may be, shall automatically be extended for the period of each such delay.
32. LESSEE shall maintain, during the life of AGREEMENT, general liability coverage with
minimum limits for damages resulting from bodily injury or death of $250,000 per person and
$500,000 per occurrence, and $100,000 per occurrence for property damage, or a combined single
limit of $500,000, or in such other amounts mutually agreed upon to fully and reasonably protect
both LESSEE ad LESSOR. LESSOR shall be named as an additional insured with a waiver of
subrogation in favor of LESSOR. All costs of such insurance shall be borne by LESSEE. Such
insurance policy or policies must be issued by a reputable provider licensed to write such policies in
the State of Texas.
DEFAULT & TERMINATION:
33. Should LESSEE default in the performance of any covenant or condition in AGREEMENT, and
such default is not corrected within thirty (30) days after receipt of written notice from LESSOR to
LESSEE, LESSOR may declare AGREEMENT, and all rights and interest created by it, to be
terminated. Upon LESSOR electing to terminate, AGREEMENT shall cease and come to an end as
if that were the day originally fixed herein for the expiration of the term hereof. LESSOR, its agent
or attorney, may resume possession of the premises and release LESSEE of all liability or relet the
same for the remainder of the term at the best rent LESSOR, its agent or attorney may obtain for the
account of LESSEE, who shall make good any deficiency
34. Any termination of this lease as herein provided shall not relieve LESSEE from the payment of
any sum or sums that shall then be due and payable to LESSOR hereunder, or any claim or damages
then or theretofore accruing against LESSEE hereunder, and any such termination shall not prevent
LESSOR from enforcing the payment of any such sum or sums or claim damages by any remedy
provided for by law or from recovering damages from LESSEE for any default thereunder. No
termination shall relieve LESSEE of the obligation to deliver and perform on all outstanding
obligations and requirements prior to the effective date of the termination.
35. In the event of the failure on the part of LESSEE upon termination of AGREEMENT to
immediately remove from the leased premises all property owned by it, LESSOR may effect such
removal and store such property at LESSEE's expense.
36. LESEE shall pay and discharge all reasonable costs, attorney's fees, and expenses that maybe
incurred by LESSOR in enforcing the covenants and conditions of AGREEMENT.
37. Notwithstanding the foregoing, no failure to perform or delay in performance which is caused
by any war, civil disorder, or other national emergency or which is due to an intervening act of God
shall be deemed an event of default during the pending force majeure event.
38. Tenants of hangars which are built by LESSEE as consideration for a long-term ground lease
shall be given the right -of -first -refusal for the lease of such hangar upon the termination or
expiration of the initial lease, the rental rate for such hangars to be determined as set out herein.
RESERVED TO LESSOR:
39. Nothing herein contained shall be construed to grantor authorize the granting of an exclusive
right except as to the premises leased herein.
40. LESSOR reserves the right to further develop or improve the landing area of the airport as it
sees fit, regardless of the desires or view of LESSEE, including the temporary closing of the airport,
and the granting of an exclusive right.
41. The parties agree that LESSOR has not waived its sovereign immunity by entering into and
performing its obligations under this AGREEMENT.
42. LESSOR will maintain and keep in repair the landing area of the airport and all publicly owned
facilities of the airport, together with the right to direct and control all activities of LESSEE in this
regard.
43. During a time of war or national emergency, LESSOR shall have the right to lease the landing
area or any part thereof to the United States Government for military use, and, if such lease is
executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the
lease to the Government shall be suspended.
44. LESSOR reserves the right to take any action it considers necessary to protect the aerial
approaches of the airport against obstruction, together with the right to prevent LESSEE from
erecting, or permitting to be erected, any building or other structure on or adjacent to the airport
which, in the opinion of the LESSOR, would limit the usefulness of the airport or constitute a hazard
to aircraft.
45. During the final 180 days of the term of AGREEMENT, LESS SOR shall have the right to erect
and maintain on or about the leased premises customary signs advertising the premises for sale or
lease.
46. This lease shall be subordinate to the provisions of any existing or future agreement between
LESSOR and the United States, relative to the operation or maintenance of the airport, the execution
of which has been or may be required as a condition precedent to the expenditure of Federal funds
for the development of the airport.
47. Holding over by LESSEE of the airport premises after the expiration of this Agreement shall
operate and be construed as a tenancy from day to day at a rental rate computed from the rental rate
then prevailing under this lease.
48. LESSOR may, at its option, and following a ninety (90) day written notice period, terminate
AGREEMENT as to the land, the hangar building, or any parts thereof, which may be necessary in
the event LESSOR desires to use the property, or any portion thereof, for any governmental purpose
as determined by LESSOR, such as but not limited to, extension of runways or taxiways, utility or
drainage improvements, or the expansion of existing buildings or the erection of other airport
facilities. If LESSOR so terminates all or a portion of AGREEMENT, LESSOR shall pay to
LESSEE 2.5% of the total construction costs of all improvements multiplied by the number of years
remaining in the lease term.
49. Nothing herein contained shall be construed to deny the LESSOR its right to condemn the
leased property through its power of eminent domain. In the event of condemnation of all or any
portion of the leased premises, the leasehold interest of LESSEE shall be deemed to include all rights
under this lease including, but not limited to, the right to occupy the improvements placed on the
leased premises.
MISCELLANEOUS
50. The undersigned officers and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this AGREEMENT on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions or other acts extending such
authority have been duly passed and are now in full force and effect.
51. This Agreement represents the entire and integrated agreement between LESSOR and LESSEE
and supersedes all prior negotiations, representations and/or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both LESSOR and LESSEE.
52. If any clause, paragraph, section or portion of this AGREEMENT shall be found to be illegal,
unlawful, unconstitutional or void for any reason, the balance of the AGREEMENT shall remain in
full force and effect and the parties shall be deemed to have contracted as if said clause, section,
paragraph or portion had not been in the Agreement initially.
53. This AGREEMENT is executed by the parties hereto without coercion or duress and for
substantial consideration, the sufficiency of which is hereby acknowledged.
54. Waiver by either party or any breach of this AGREEMENT, or the failure of either party to
enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or
waive such party's right thereafter to enforce and compel strict compliance of the AGREEMENT.
55. This AGREEMENT shall be drafted equally by all parties hereto. The language of all parts of
this AGREEMENT shall be construed as a whole according to its fair meaning, and any presumption
or principle that the language herein is to be construed against any party shall not apply. Headings in
this AGREEMENT are for the convenience of the parties and are not intended to be used in
construing this document.
56. This AGREEMENT maybe executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes.
57. This AGREEMENT shall not be assigned without the written consent of LESSOR, which shall
not be unreasonably withheld, conditioned or delayed. Any amendment to this AGREEMENT shall
be in writing and signed by all parties to the AGREEMENT.
58. The rights and remedies provided by the AGREEMENT are cumulative, and the use of anyone
right or remedy by LESSOR shall not preclude or waive any right to use any or all other remedies.
59. Where the terms of this AGREEMENT require that notice in writing be provided, such notice
shall be deemed delivered three (3) days following the deposit of the notice in the United States
mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed as
follows:
Lessor: City of Paris
Lessee:
P. O. Box 9037
Paris, TX 75461-9037
Texas
Email:
60. This AGREEMENT shall be binding upon, and inure to the benefit of, the parties of this Lease
and their respective heirs, executors, administrators, legal representatives, successors, and assigns
when permitted by this Agreement.
61. This AGREEMENT shall be construed under, and in accordance with the laws of the State of
Texas, and all obligations of the parties created by this Lease are performable in Lamar County,
Texas.
EXECUTED on this day of
THE CITY OF PARIS, TEXAS
Interim City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF TEXAS
COUNTY OF LAMAR
2024, to be effective . ---- ..........................m.____.... 20_.
LESSEE
LT Wings
This instrument was acknowledged before me on the day of .,,, 20, by
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on the day of..._..... n , 20_, by
Notary Public, State of Texas
HANGAR 4
AIRPORT GROUND LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LAMAR §
KNOW ALL MEN BY THESE PRESENTS
This Lease Agreement (AGREEMENT) is made by and between the City of Paris, Texas, a home
rule municipal corporation (LESSOR) and LT Wings (LESSEE).
For and in consideration of the construction of a new 80' x 80" airplane hangar (Hangar 4) and
related improvements, as further described herein, and for the payment of monthly ground lease
rental to LESSOR, LESSOR does hereby lease, rent, and let unto LESEE that portion of Cox Field
real property as described in Exhibit A, attached hereto and made a part hereof.
LESSEE hereby leases said real property from LESSOR subject to the terms, covenants, and
conditions state below, and shall have the right and privilege to construct and maintain certain
improvements of said property. LESSEE accepts property "as is."
Except to the extent provided herein and subject to the provisions hereof, LESSEE shall have and
hold the leased premises, together with all rights, privileges, easements, appurtenances, and
immunities belonging to or in any way appertaining to said leased premises, including, but not
limited to, any and all easements, rights, title and privileges of LESSOR now or hereafter existing in,
to, or under said leased premises, and additionally LESSEE shall be permitted to use in common
with others all streets and other rights of ingress and egress and all runways, taxiways and designated
aprons which are or may hereafter be provided at the Airport.
LEASE TERMS:
1. Subject to the provisions contained herein, LESSEE shall pay to LESSOR an annual ground
lease payment of $0.25 per square foot ($1,600.00 per year), to be paid in advance, beginning on the
commencement date of this lease and continuing regularly thereafter during the term of this lease
and any extensions thereof. At its sole option, LESSEE may prepay any of the rental installments.
2. Rental rates may be adjusted by LESSOR at the end of each five-year lease period, computed
according to the Consumer Price Index (CPI) for Dallas -Fort Worth, Texas, or other rates prevailing
in the Paris area for similar facilities.
3. Should LESSEE fail to make payments in a timely manner, a late penalty of 10% shall be
assessed beginning on the tenth calendar day after the due date. Should payments remain past due
1
for more than thirty (30) days, AGREEMENT is in default and may be terminated, as provided
herein below.
4. In order to encourage development of the Airport by providing sufficient time for investors to
amortize their investments, the term of this AGREEMENT shall be forty (40) years.
IMPROVEMENTS:
5. LESSEE shall have the right at anytime and from time to time during the term of this lease, to
erect, maintain, alter, remodel, reconstruct, rebuild and replace buildings and other improvements on
the leased premises, and correct and change the contour of the leased premises as necessary.
6. The full expense of any such construction, reconstruction, demolition, or any change, alteration
or improvements shall be borne and paid by LESSEE.
7. No new structure or other improvement, nor any material addition to, or alteration of, any
building or structure shall be commenced unless and until plans, specifications, and proposed
location(s) have been submitted to and approved by LESSOR. Said plans and specifications shall be
prepared by LESSEE, at its own expense, at least thirty (30) days prior to the planned
commencement of such project.
S. LESSOR shall, in a timely manner, review and approve the plans or note in writing any required
changes or corrections that must be made to the plans. Any required changes or corrections must be
made and the plans resubmitted to LESSOR within thirty (30) days after the corrections or changes
have been noted. Failure of LESSOR to object to such resubmitted plans and specifications within
thirty (30) days shall constitute LESSOR's approval of the changes.
9. Minor changes in work or materials not affecting the general character of the building project,
minor repairs and alterations as may be necessary to continue the structures and improvements
already placed in a useful state of operation, and changes and alterations that may be required by an
authorized public official having authority or jurisdiction over such structures or improvements in
order to comply with legal requirements, shall not require submission to and approval by LESSOR
of plans and specifications.
10. The approval by LESSOR of any plans and specifications refers only to the conformity of such
plans and specifications to the general architectural plan for the leased premises and compliance with
all applicable codes and ordinances, and such approval shall not be withheld unreasonably. Such
plans and specifications are not approved for architectural or engineering design, and by approving
such plans and specifications LESSOR assumes no liability or responsibility therefor or for any
defect in any structure constructed from such plans or specifications.
11. Construction of improvements shall be conducted in full conformance with the City's Building
Codes and other pertinent ordinances, including the payment of all building inspection fees or other
fees associated with construction, and with Federal Aviation Administration and Texas Department
of Transportation standards and requirements.
12. Any and all improvements constructed shall be consistent with the purposes provided for in this
AGREEMENT and contribute to furthering the City of Paris's Airport Master Plan or airport
development objectives.
13. LESSEE shall require all contractors and sub -contractors to maintain general commercial
liability and workers' compensation insurance, or in lieu thereof provide such coverage itself.
14. All improvements shall be substantially complete within eighteen (18) months of execution of
AGREEMENT. Failure to timely complete construction of the hangar shall be considered a breach
of the lease agreement and subject the tenant to all customary remedies for such breach, including
termination. In the event that construction has commenced, but will not be completed in a timely
manner, LESSEE may apply to LESSOR for an extension of time, said application to include an
approved construction timing plan. LESSOR is under no obligation to grant the extension in the
absence of the valid excuse, but such extension will not be unreasonably withheld.
15. LESSEE shall provide as -built plans to LESSOR for all improvements made during the term of
this AGREEMENT.
16. LESSEE shall not erect, paint upon, attach, exhibit or display in, on, or about said leased
premises any sign without the prior written consent of LESSOR.
17. All permanent building and improvements placed upon the leased premises by LESSEE shall
become the ad property of LESSEE, and will be classified for ad valorem tax purposes as property
belonging to LESSEE; provided, however, that LESSOR shall not have the right to alter or destroy
any of such improvements except through authorized condemnation procedures, and LESSEE shall
have the full and peaceful use and enjoyment thereof during the primary term of this lease. All
permanent improvements shall become the property of LESSOR upon the termination of the initial
forty (40) year period of AGREEMENT, without compensation to LESSEE.
MAINTENANCE & USE
18. LESSEE shall, at its own cost and expense at all times during the term of AGREEMENT, to
keep and maintain property and facilities in good condition and repair, reasonable wear and tear
alone excepted, complying with all fire, building, and property maintenance codes and zoning
regulations now in force, or that may be hereafter enacted with regard to the use of the airport
premises, maintaining roofs and walls free from leaks and damage, painting as necessary to prevent
and retard rusting and to enhance appearance as the original finishes deteriorate, and maintaining
property clear of clutter, junk, weeds and high grass.
19. LESSEE shall conduct its operation and maintain the leasehold in such a manner as to be free of
environmental contamination, and shall store neither fuel nor defuel any aircraft inside any hangar.
20. LESSEE shall not cause or permit any use or activity that would create a hazardous condition
for aircraft operating at the airport.
21. LESSEE shall pay or cause to be paid all charges for water, gas, electricity, sewer, cable, and
any and all other utilities used on the leased premises throughout the term of AGREEMENT,
including connection fees.
22. The primary purpose for which the leased premises have been leased is for the development and
construction of an airplane hangar to be used for the storage of airplanes and related aeronautical
equipment and other items of personal property pertaining to that use and owned by the LES SEE. In
addition to the provisions and limitations set forth below, LESSEE shall have the right to use the
leased premises for lawful purposes of private use only which are related to aviation or the aviation
industry, in conformance with the requirements of the City's master plan, and in such a manner so as
not to materially and adversely affect the development and improvement, operation, or maintenance
of the airport.
23. No hangar shall be used as a residence or shall be used for residential purposes. However, such
facilities as a sink, bathroom, or associated features to provide for periodic temporary overnight
stays or social uses within a portion of the hangar shall be permitted.
24. No commercial activity is authorized unless it is first approved by the Lessor.
25. LESSEE shall at no time use or permit the use of leased premises in a manner contrary to
federal, state, or local laws, ordinances, rules, or regulations.
26. LESSOR possesses the right to periodically inspect improvements and in no case less often than
annually, accompanied by LESSEE, to ensure all use requirements, including those relating to use,
are being met.
27. LESSEE shall be responsible for all taxes, if any, including without limit sales, use and excise
taxes, ad valorem taxes or other similar taxes, taxes on personal property, and other charges of every
description which are levied on or assigned against the leased premises, which may be assessed upon
the hangar and other improvements, or any other equipment or property associated with the hangar.
28. LESSEE may, at any time and from time to time, encumber the leasehold interest, by deed of
trust, mortgage or other security instrument, without obtaining the consent of LESSOR, but no such
encumbrance shall constitute a lien on the fee title of LESSOR, and the indebtedness secured thereby
shall at all times be and remain inferior and subordinate to all the conditions, covenants and
obligations of this lease and to all of the rights of the LESSOR hereunder.
INDEMNITY & INSURANCE:
29. LESSEE COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS
FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS)
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF LESSEE, ITS
AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN CONNECTION WITH THE
DESIGN, CONSTRUCTION OR INSTALLATION OF THE IMPROVEMENTS, INCLUDING
BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY
SHALL SURVIVE THE TERM OF THIS AGREEMENT. THERE IS NO JOINT ENTERPRISE
BETWEEN LESSOR AND LESSEE.
30. During the period of construction of any building or other improvement on the leased premises
and at all times thereafter during the lease term, LESSEE shall keep the improvements insured
against loss or damage by fire, with extended coverage endorsement or its equivalent, in such
responsible insurance companies as LESSEE shall select and LESSOR shall approve, and in
amounts not less than 80% of the fair insurable value of the buildings and other improvements.
31. In the event any building or improvement constructed on the leased premises is damaged by fire
or any other casualty, regardless of the extent of such damage or destruction, LESSEE shall within
one year from the date of such damage or destruction commence the work of repair, reconstruction
or replacement of damage or destroyed building or improvement and prosecute the same with
reasonable diligence so that the building, to the extent originally constructed by LESSEE, shall be
restored to substantially the condition it was in prior to the happening of the casualty, provided,
however, that if the commencement, construction or completion of said repair, reconstruction or
replacement work shall be prevented or delayed by reason or war, civil commotion, acts of God,
strikes governmental restrictions or regulations, or interferences, fire or other casualty, or any other
reason enumerated or not, the time for commencing or completing, or both, of the construction of
said building, as the case may be, shall automatically be extended for the period of each such delay.
32. LESSEE shall maintain, during the life of AGREEMENT, general liability coverage with
minimum limits for damages resulting from bodily injury or death of $250,000 per person and
$500,000 per occurrence, and $100,000 per occurrence for property damage, or a combined single
limit of $500,000, or in such other amounts mutually agreed upon to fully and reasonably protect
both LESSEE ad LESSOR. LESSOR shall be named as an additional insured with a waiver of
subrogation in favor of LESSOR. All costs of such insurance shall be borne by LESSEE. Such
insurance policy or policies must be issued by a reputable provider licensed to write such policies in
the State of Texas.
DEFAULT & TERMINATION:
33. Should LESSEE default in the performance of any covenant or condition in AGREEMENT, and
such default is not corrected within thirty (30) days after receipt of written notice from LESSOR to
LESSEE, LESSOR may declare AGREEMENT, and all rights and interest created by it, to be
terminated. Upon LESSOR electing to terminate, AGREEMENT shall cease and come to an end as
if that were the day originally fixed herein for the expiration of the term hereof. LESSOR, its agent
or attorney, may resume possession of the premises and release LESSEE of all liability or relet the
same for the remainder of the term at the best rent LESSOR, its agent or attorney may obtain for the
account of LESSEE, who shall make good any deficiency
34. Any termination of this lease as herein provided shall not relieve LESSEE from the payment of
any sum or sums that shall then be due and payable to LESSOR hereunder, or any claim or damages
then or theretofore accruing against LESSEE hereunder, and any such termination shall not prevent
LESSOR from enforcing the payment of any such sum or sums or claim damages by any remedy
provided for by law or from recovering damages from LESSEE for any default thereunder. No
termination shall relieve LESSEE of the obligation to deliver and perform on all outstanding
obligations and requirements prior to the effective date of the termination.
35. In the event of the failure on the part of LESSEE upon termination of AGREEMENT to
immediately remove from the leased premises all property owned by it, LESSOR may effect such
removal and store such property at LESSEE's expense.
36. LESEE shall pay and discharge all reasonable costs, attorney's fees, and expenses that maybe
incurred by LESSOR in enforcing the covenants and conditions of AGREEMENT.
37. Notwithstanding the foregoing, no failure to perform or delay in performance which is caused
by any war, civil disorder, or other national emergency or which is due to an intervening act of God
shall be deemed an event of default during the pending force majeure event.
38. Tenants of hangars which are built by LESSEE as consideration for a long-term ground lease
shall be given the right -of -first -refusal for the lease of such hangar upon the termination or
expiration of the initial lease, the rental rate for such hangars to be determined as set out herein.
RESERVED TO LESSOR:
39. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive
right except as to the premises leased herein.
40. LESSOR reserves the right to further develop or improve the landing area of the airport as it
sees fit, regardless of the desires or view of LESSEE, including the temporary closing of the airport,
and the granting of an exclusive right.
41. The parties agree that LESSOR has not waived its sovereign immunity by entering into and
performing its obligations under this AGREEMENT.
42. LESSOR will maintain and keep in repair the landing area of the airport and all publicly owned
facilities of the airport, together with the right to direct and control all activities of LESSEE in this
regard.
43. During a time of war or national emergency, LESSOR shall have the right to lease the landing
area or any part thereof to the United States Government for military use, and, if such lease is
executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the
lease to the Government shall be suspended.
44. LESSOR reserves the right to take any action it considers necessary to protect the aerial
approaches of the airport against obstruction, together with the right to prevent LESSEE from
erecting, or permitting to be erected, any building or other structure on or adjacent to the airport
which, in the opinion of the LESSOR, would limit the usefulness of the airport or constitute a hazard
to aircraft.
45. During the final 180 days of the term of AGREEMENT, LESSSOR shall have the right to erect
and maintain on or about the leased premises customary signs advertising the premises for sale or
lease.
46. This lease shall be subordinate to the provisions of any existing or future agreement between
LESSOR and the United States, relative to the operation or maintenance of the airport, the execution
of which has been or may be required as a condition precedent to the expenditure of Federal funds
for the development of the airport.
47. Holding over by LESSEE of the airport premises after the expiration of this Agreement shall
operate and be construed as a tenancy from day to day at a rental rate computed from the rental rate
then prevailing under this lease.
48. LESSOR may, at its option, and following a ninety (90) day written notice period, terminate
AGREEMENT as to the land, the hangar building, or any parts thereof, which may be necessary in
the event LESSOR desires to use the property, or any portion thereof, for any governmental purpose
as determined by LESSOR, such as but not limited to, extension of runways or taxiways, utility or
drainage improvements, or the expansion of existing buildings or the erection of other airport
facilities. If LESSOR so terminates all or a portion of AGREEMENT, LESSOR shall pay to
LESSEE 2.5% of the total construction costs of all improvements multiplied by the number of years
remaining in the lease term.
49. Nothing herein contained shall be construed to deny the LESSOR its right to condemn the
leased property through its power of eminent domain. In the event of condemnation of all or any
portion of the leased premises, the leasehold interest of LESSEE shall be deemed to include all rights
under this lease including, but not limited to, the right to occupy the improvements placed on the
leased premises.
MISCELLANEOUS
50. The undersigned officers and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this AGREEMENT on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions or other acts extending such
authority have been duly passed and are now in full force and effect.
51. This Agreement represents the entire and integrated agreement between LESSOR and LESSEE
and supersedes all prior negotiations, representations and/or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both LESSOR and LESSEE.
52. If any clause, paragraph, section or portion of this AGREEMENT shall be found to be illegal,
unlawful, unconstitutional or void for any reason, the balance of the AGREEMENT shall remain in
full force and effect and the parties shall be deemed to have contracted as if said clause, section,
paragraph or portion had not been in the Agreement initially.
53. This AGREEMENT is executed by the parties hereto without coercion or duress and for
substantial consideration, the sufficiency of which is hereby acknowledged.
54. Waiver by either party or any breach of this AGREEMENT, or the failure of either party to
enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or
waive such party's right thereafter to enforce and compel strict compliance of the AGREEMENT.
55. This AGREEMENT shall be drafted equally by all parties hereto. The language of all parts of
this AGREEMENT shall be construed as a whole according to its fair meaning, and any presumption
or principle that the language herein is to be construed against any party shall not apply. Headings in
this AGREEMENT are for the convenience of the parties and are not intended to be used in
construing this document.
56. This AGREEMENT maybe executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes.
57. This AGREEMENT shall not be assigned without the written consent of LESSOR, which shall
not be unreasonably withheld, conditioned or delayed. Any amendment to this AGREEMENT shall
be in writing and signed by all parties to the AGREEMENT.
58. The rights and remedies provided by the AGREEMENT are cumulative, and the use of anyone
right or remedy by LESSOR shall not preclude or waive any right to use any or all other remedies.
59. Where the terms of this AGREEMENT require that notice in writing be provided, such notice
shall be deemed delivered three (3) days following the deposit of the notice in the United States
mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed as
follows:
Lessor: City of Paris
Lessee:
P. O. Box 9037
Paris, TX 75461-9037
Texas
Email:
60. This AGREEMENT shall be binding upon, and inure to the benefit of, the parties of this Lease
and their respective heirs, executors, administrators, legal representatives, successors, and assigns
when permitted by this Agreement.
61. This AGREEMENT shall be construed under, and in accordance with the laws of the State of
Texas, and all obligations of the parties created by this Lease are performable in Lamar County,
Texas.
EXECUTED on this day of
THE CITY OF PARIS, TEXAS
Interim City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF TEXAS
COUNTY OF LAMAR
2024, to be effective , 20®
LESSEE
LT Wings
This instrument was acknowledged before me on the day of , 20, by
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on the day of ___ 20, by
Notary Public, State of Texas
HANGAR 5
AIRPORT GROUND LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LAMAR §
KNOW ALL MEN BY THESE PRESENTS
This Lease Agreement (AGREEMENT) is made by and between the City of Paris, Texas, a home
rule municipal corporation (LESSOR) and LT Wings (LESSEE).
For and in consideration of the construction of a new 80' x 80" airplane hangar (Hangar 5) and
related improvements, as further described herein, and for the payment of monthly ground lease
rental to LESSOR, LESSOR does hereby lease, rent, and let unto LESEE that portion of Cox Field
real property as described in Exhibit A, attached hereto and made a part hereof.
LESSEE hereby leases said real property from LESSOR subject to the terms, covenants, and
conditions state below, and shall have the right and privilege to construct and maintain certain
improvements of said property. LESSEE accepts property "as is."
Except to the extent provided herein and subject to the provisions hereof, LESSEE shall have and
hold the leased premises, together with all rights, privileges, easements, appurtenances, and
immunities belonging to or in any way appertaining to said leased premises, including, but not
limited to, any and all easements, rights, title and privileges of LESSOR now or hereafter existing in,
to, or under said leased premises, and additionally LESSEE shall be permitted to use in common
with others all streets and other rights of ingress and egress and all runways, taxiways and designated
aprons which are or may hereafter be provided at the Airport.
LEASE TERMS:
1. Subject to the provisions contained herein, LESSEE shall pay to LESSOR an annual ground
lease payment of $0.25 per square foot ($1,600.00 per year), to be paid in advance, beginning on the
commencement date of this lease and continuing regularly thereafter during the term of this lease
and any extensions thereof. At its sole option, LESSEE may prepay any of the rental installments.
2. Rental rates maybe adjusted by LESSOR at the end of each five-year lease period, computed
according to the Consumer Price Index (CPI) for Dallas -Fort Worth, Texas, or other rates prevailing
in the Paris area for similar facilities.
3. Should LESSEE fail to make payments in a timely manner, a late penalty of 10% shall be
assessed beginning on the tenth calendar day after the due date. Should payments remain past due
for more than thirty (30) days, AGREEMENT is in default and may be terminated, as provided
herein below.
4. In order to encourage development of the Airport by providing sufficient time for investors to
amortize their investments, the term of this AGREEMENT shall be forty (40) years.
IMPROVEMENTS:
5. LESSEE shall have the right at anytime and from time to time during the term of this lease, to
erect, maintain, alter, remodel, reconstruct, rebuild and replace buildings and other improvements on
the leased premises, and correct and change the contour of the leased premises as necessary.
6. The full expense of any such construction, reconstruction, demolition, or any change, alteration
or improvements shall be borne and paid by LESSEE.
7. No new structure or other improvement, nor any material addition to, or alteration of, any
building or structure shall be commenced unless and until plans, specifications, and proposed
location(s) have been submitted to and approved by LESSOR. Said plans and specifications shall be
prepared by LESSEE, at its own expense, at least thirty (30) days prior to the planned
commencement of such project.
8. LESSOR shall, in a timely manner, review and approve the plans or note in writing any required
changes or corrections that must be made to the plans. Any required changes or corrections must be
made and the plans resubmitted to LESSOR within thirty (3 0) days after the corrections or changes
have been noted. Failure of LESSOR to object to such resubmitted plans and specifications within
thirty (30) days shall constitute LESSOR's approval of the changes.
9. Minor changes in work or materials not affecting the general character of the building project,
minor repairs and alterations as may be necessary to continue the structures and improvements
already placed in a useful state of operation, and changes and alterations that may be required by an
authorized public official having authority or jurisdiction over such structures or improvements in
order to comply with legal requirements, shall not require submission to and approval by LESSOR
of plans and specifications.
10. The approval by LESSOR of any plans and specifications refers only to the conformity of such
plans and specifications to the general architectural plan for the leased premises and compliance with
all applicable codes and ordinances, and such approval shall not be withheld unreasonably. Such
plans and specifications are not approved for architectural or engineering design, and by approving
such plans and specifications LESSOR assumes no liability or responsibility therefor or for any
defect in any structure constructed from such plans or specifications.
11. Construction of improvements shall be conducted in full conformance with the City's Building
Codes and other pertinent ordinances, including the payment of all building inspection fees or other
fees associated with construction, and with Federal Aviation Administration and Texas Department
of Transportation standards and requirements.
12. Any and all improvements constructed shall be consistent with the purposes provided for in this
AGREEMENT and contribute to furthering the City of Paris's Airport Master Plan or airport
development objectives.
13. LESSEE shall require all contractors and sub -contractors to maintain general commercial
liability and workers' compensation insurance, or in lieu thereof provide such coverage itself.
14. All improvements shall be substantially complete within eighteen (18) months of execution of
AGREEMENT. Failure to timely complete construction of the hangar shall be considered a breach
of the lease agreement and subject the tenant to all customary remedies for such breach, including
termination. In the event that construction has commenced, but will not be completed in a timely
manner, LESSEE may apply to LESSOR for an extension of time, said application to include an
approved construction timing plan. LESSOR is under no obligation to grant the extension in the
absence of the valid excuse, but such extension will not be unreasonably withheld.
15. LESSEE shall provide as -built plans to LESSOR for all improvements made during the term of
this AGREEMENT.
16. LESSEE shall not erect, paint upon, attach, exhibit or display in, on, or about said leased
premises any sign without the prior written consent of LESSOR.
17. All permanent building and improvements placed upon the leased premises by LESSEE shall
become the ad property of LESSEE, and will be classified for ad valorem tax purposes as property
belonging to LESSEE; provided, however, that LESSOR shall not have the right to alter or destroy
any of such improvements except through authorized condemnation procedures, and LESSEE shall
have the full and peaceful use and enjoyment thereof during the primary term of this lease. All
permanent improvements shall become the property of LESSOR upon the termination of the initial
forty (40) year period of AGREEMENT, without compensation to LESSEE.
MAINTENANCE & USE
18. LESSEE shall, at its own cost and expense at all times during the term of AGREEMENT, to
keep and maintain property and facilities in good condition and repair, reasonable wear and tear
alone excepted, complying with all fire, building, and property maintenance codes and zoning
regulations now in force, or that may be hereafter enacted with regard to the use of the airport
premises, maintaining roofs and walls free from leaks and damage, painting as necessary to prevent
and retard rusting and to enhance appearance as the original finishes deteriorate, and maintaining
property clear of clutter, junk, weeds and high grass.
19. LESSEE shall conduct its operation and maintain the leasehold in such amanner as to be free of
environmental contamination, and shall store neither fuel nor defuel any aircraft inside any hangar.
20. LESSEE shall not cause or permit any use or activity that would create a hazardous condition
for aircraft operating at the airport.
21. LESSEE shall pay or cause to be paid all charges for water, gas, electricity, sewer, cable, and
any and all other utilities used on the leased premises throughout the term of AGREEMENT,
including connection fees.
22. The primary purpose for which the leased premises have been leased is for the development and
construction of an airplane hangar to be used for the storage of airplanes and related aeronautical
equipment and other items of personal property pertaining to that use and owned by the LESSEE. In
addition to the provisions and limitations set forth below, LESSEE shall have the right to use the
leased premises for lawful purposes of private use only which are related to aviation or the aviation
industry, in conformance with the requirements of the City's master plan, and in such a manner so as
not to materially and adversely affect the development and improvement, operation, or maintenance
of the airport.
23. No hangar shall be used as a residence or shall be used for residential purposes. However, such
facilities as a sink, bathroom, or associated features to provide for periodic temporary overnight
stays or social uses within a portion of the hangar shall be permitted.
24. No commercial activity is authorized unless it is first approved by the Lessor.
25. LESSEE shall at no time use or permit the use of leased premises in a manner contrary to
federal, state, or local laws, ordinances, rules, or regulations.
26. LESSOR possesses the right to periodically inspect improvements and in no case less often than
annually, accompanied by LESSEE, to ensure all use requirements, including those relating to use,
are being met.
27. LESSEE shall be responsible for all taxes, if any, including without limit sales, use and excise
taxes, ad valorem taxes or other similar taxes, taxes on personal property, and other charges of every
description which are levied on or assigned against the leased premises, which may be assessed upon
the hangar and other improvements, or any other equipment or property associated with the hangar.
28. LESSEE may, at any time and from time to time, encumber the leasehold interest, by deed of
trust, mortgage or other security instrument, without obtaining the consent of LESSOR, but no such
encumbrance shall constitute a lien on the fee title of LESSOR, and the indebtedness secured thereby
shall at all times be and remain inferior and subordinate to all the conditions, covenants and
obligations of this lease and to all of the rights of the LESSOR hereunder.
INDEMNITY & INSURANCE:
29. LESSEE COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS
FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS)
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF LESSEE, ITS
AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN CONNECTION WITH THE
DESIGN, CONSTRUCTION OR INSTALLATION OF THE IMPROVEMENTS, INCLUDING
BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY
SHALL SURVIVE THE TERM OF THIS AGREEMENT. THERE IS NO JOINT ENTERPRISE
BETWEEN LESSOR AND LESSEE.
30. During the period of construction of any building or other improvement on the leased premises
and at all times thereafter during the lease term, LESSEE shall keep the improvements insured
against loss or damage by fire, with extended coverage endorsement or its equivalent, in such
responsible insurance companies as LESSEE shall select and LESSOR shall approve, and in
amounts not less than 80% of the fair insurable value of the buildings and other improvements.
31. In the event any building or improvement constructed on the leased premises is damaged by fire
or any other casualty, regardless of the extent of such damage or destruction, LESSEE shall within
one year from the date of such damage or destruction commence the work of repair, reconstruction
or replacement of damage or destroyed building or improvement and prosecute the same with
reasonable diligence so that the building, to the extent originally constructed by LESSEE, shall be
restored to substantially the condition it was in prior to the happening of the casualty, provided,
however, that if the commencement, construction or completion of said repair, reconstruction or
replacement work shall be prevented or delayed by reason or war, civil commotion, acts of God,
strikes governmental restrictions or regulations, or interferences, fire or other casualty, or any other
reason enumerated or not, the time for commencing or completing, or both, of the construction of
said building, as the case may be, shall automatically be extended for the period of each such delay.
32. LESSEE shall maintain, during the life of AGREEMENT, general liability coverage with
minimum limits for damages resulting from bodily injury or death of $250,000 per person and
$500,000 per occurrence, and $100,000 per occurrence for property damage, or a combined single
limit of $500,000, or in such other amounts mutually agreed upon to fully and reasonably protect
both LESSEE ad LESSOR. LESSOR shall be named as an additional insured with a waiver of
subrogation in favor of LESSOR. All costs of such insurance shall be borne by LESSEE. Such
insurance policy or policies must be issued by a reputable provider licensed to write such policies in
the State of Texas.
DEFAULT & TERMINATION:
33. Should LESSEE default in the performance of any covenant or condition in AGREEMENT, and
such default is not corrected within thirty (30) days after receipt of written notice from LESSOR to
LESSEE, LESSOR may declare AGREEMENT, and all rights and interest created by it, to be
terminated. Upon LESSOR electing to terminate, AGREEMENT shall cease and come to an end as
if that were the day originally fixed herein for the expiration of the term hereof. LESSOR, its agent
or attorney, may resume possession of the premises and release LESSEE of all liability or relet the
same for the remainder of the term at the best rent LESSOR, its agent or attorney may obtain for the
account of LESSEE, who shall make good any deficiency
34. Any termination of this lease as herein provided shall not relieve LESSEE from the payment of
any sum or sums that shall then be due and payable to LESSOR hereunder, or any claim or damages
then or theretofore accruing against LESSEE hereunder, and any such termination shall not prevent
LESSOR from enforcing the payment of any such sum or sums or claim damages by any remedy
provided for by law or from recovering damages from LESSEE for any default thereunder. No
termination shall relieve LESSEE of the obligation to deliver and perform on all outstanding
obligations and requirements prior to the effective date of the termination.
35. In the event of the failure on the part of LESSEE upon termination of AGREEMENT to
immediately remove from the leased premises all property owned by it, LESSOR may effect such
removal and store such property at LESSEE's expense.
36. LESEE shall pay and discharge all reasonable costs, attorney's fees, and expenses that maybe
incurred by LESSOR in enforcing the covenants and conditions of AGREEMENT.
37. Notwithstanding the foregoing, no failure to perform or delay in performance which is caused
by any war, civil disorder, or other national emergency or which is due to an intervening act of God
shall be deemed an event of default during the pending force majeure event.
38. Tenants of hangars which are built by LESSEE as consideration for a long-term ground lease
shall be given the right -of -first -refusal for the lease of such hangar upon the termination or
expiration of the initial lease, the rental rate for such hangars to be determined as set out herein.
RESERVED TO LESSOR:
39. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive
right except as to the premises leased herein.
40. LESSOR reserves the right to further develop or improve the landing area of the airport as it
sees fit, regardless of the desires or view of LESSEE, including the temporary closing of the airport,
and the granting of an exclusive right.
41. The parties agree that LESSOR has not waived its sovereign immunity by entering into and
performing its obligations under this AGREEMENT.
42. LESSOR will maintain and keep in repair the landing area of the airport and all publicly owned
facilities of the airport, together with the right to direct and control all activities of LESSEE in this
regard.
43. During a time of war or national emergency, LESSOR shall have the right to lease the landing
area or any part thereof to the United States Government for military use, and, if such lease is
executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the
lease to the Government shall be suspended.
44. LESSOR reserves the right to take any action it considers necessary to protect the aerial
approaches of the airport against obstruction, together with the right to prevent LESSEE from
erecting, or permitting to be erected, any building or other structure on or adjacent to the airport
which, in the opinion of the LESSOR, would limit the usefulness of the airport or constitute a hazard
to aircraft.
45. During the final 180 days of the term of AGREEMENT, LESSSOR shall have the right to erect
and maintain on or about the leased premises customary signs advertising the premises for sale or
lease.
46. This lease shall be subordinate to the provisions of any existing or future agreement between
LESSOR and the United States, relative to the operation or maintenance of the airport, the execution
of which has been or may be required as a condition precedent to the expenditure of Federal funds
for the development of the airport.
47. Holding over by LESSEE of the airport premises after the expiration of this Agreement shall
operate and be construed as a tenancy from day to day at a rental rate computed from the rental rate
then prevailing under this lease.
48. LESSOR may, at its option, and following a ninety (90) day written notice period, terminate
AGREEMENT as to the land, the hangar building, or any parts thereof, which may be necessary in
the event LESSOR desires to use the property, or any portion thereof, for any governmental purpose
as determined by LESSOR, such as but not limited to, extension of runways or taxiways, utility or
drainage improvements, or the expansion of existing buildings or the erection of other airport
facilities. If LESSOR so terminates all or a portion of AGREEMENT, LESSOR shall pay to
LESSEE 2.5% of the total construction costs of all improvements multiplied by the number of years
remaining in the lease term.
49. Nothing herein contained shall be construed to deny the LESSOR its right to condemn the
leased property through its power of eminent domain. In the event of condemnation of all or any
portion of the leased premises, the leasehold interest of LESSEE shall be deemed to include all rights
under this lease including, but not limited to, the right to occupy the improvements placed on the
leased premises.
MISCELLANEOUS
50. The undersigned officers and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this AGREEMENT on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions or other acts extending such
authority have been duly passed and are now in full force and effect.
51. This Agreement represents the entire and integrated agreement between LESSOR and LESSEE
and supersedes all prior negotiations, representations and/or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both LESSOR and LESSEE.
52. If any clause, paragraph, section or portion of this AGREEMENT shall be found to be illegal,
unlawful, unconstitutional or void for any reason, the balance of the AGREEMENT shall remain in
full force and effect and the parties shall be deemed to have contracted as if said clause, section,
paragraph or portion had not been in the Agreement initially.
53. This AGREEMENT is executed by the parties hereto without coercion or duress and for
substantial consideration, the sufficiency of which is hereby acknowledged.
54. Waiver by either party or any breach of this AGREEMENT, or the failure of either party to
enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or
waive such party's right thereafter to enforce and compel strict compliance of the AGREEMENT.
55. This AGREEMENT shall be drafted equally by all parties hereto. The language of all parts of
this AGREEMENT shall be construed as a whole according to its fair meaning, and any presumption
or principle that the language herein is to be construed against any party shall not apply. Headings in
this AGREEMENT are for the convenience of the parties and are not intended to be used in
construing this document.
56. This AGREEMENT may be executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes.
57. This AGREEMENT shall not be assigned without the written consent of LESSOR, which shall
not be unreasonably withheld, conditioned or delayed. Any amendment to this AGREEMENT shall
be in writing and signed by all parties to the AGREEMENT.
58. The rights and remedies provided by the AGREEMENT are cumulative, and the use of anyone
right or remedy by LESSOR shall not preclude or waive any right to use any or all other remedies.
59. Where the terms of this AGREEMENT require that notice in writing be provided, such notice
shall be deemed delivered three (3) days following the deposit of the notice in the United States
mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed as
follows:
Lessor: City of Paris
P. O. Box 9037
Lessee:
Paris, TX 75461-9037
, Texas
Email:
60. This AGREEMENT shall be binding upon, and inure to the benefit of, the parties of this Lease
and their respective heirs, executors, administrators, legal representatives, successors, and assigns
when permitted by this Agreement.
61. This AGREEMENT shall be construed under, and in accordance with the laws of the State of
Texas, and all obligations of the parties created by this Lease are performable in Lamar County,
Texas.
EXECUTED on this day of
THE CITY OF PARIS, TEXAS
Interim City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF TEXAS
COUNTY OF LAMAR
2024, to be effective 20 .
LESSEE
LT Wings
This instrument was acknowledged before me on the day of _....m, 20, by
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on the day of _www., 20 , by
Notary Public, State of Texas
HANGAR 6
AIRPORT GROUND LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LAMAR
This Lease Agreement (AGREEMENT) is made by and between the City of Paris, Texas, a home
rule municipal corporation (LESSOR) and LT Wings (LESSEE).
For and in consideration of the construction of a new 80' x 80" airplane hangar (Hangar 6) and
related improvements, as further described herein, and for the payment of monthly ground lease
rental to LESSOR, LESSOR does hereby lease, rent, and let unto LESEE that portion of Cox Field
real property as described in Exhibit A, attached hereto and made a part hereof.
LESSEE hereby leases said real property from LESSOR subject to the terms, covenants, and
conditions state below, and shall have the right and privilege to construct and maintain certain
improvements of said property. LESSEE accepts property "as is."
Except to the extent provided herein and subject to the provisions hereof, LESSEE shall have and
hold the leased premises, together with all rights, privileges, easements, appurtenances, and
immunities belonging to or in any way appertaining to said leased premises, including, but not
limited to, any and all easements, rights, title and privileges of LESSOR now or hereafter existing in,
to, or under said leased premises, and additionally LESSEE shall be permitted to use in common
with others all streets and other rights of ingress and egress and all runways, taxiways and designated
aprons which are or may hereafter be provided at the Airport.
LEASE TERMS:
1. Subject to the provisions contained herein, LESSEE shall pay to LESSOR an annual ground
lease payment of $0.25 per square foot ($1,600.00 per year), to be paid in advance, beginning on the
commencement date of this lease and continuing regularly thereafter during the term of this lease
and any extensions thereof. At its sole option, LESSEE may prepay any of the rental installments.
2. Rental rates may be adjusted by LESSOR at the end of each five-year lease period, computed
according to the Consumer Price Index (CPI) for Dallas -Fort Worth, Texas, or other rates prevailing
in the Paris area for similar facilities.
3. Should LESSEE fail to make payments in a timely manner, a late penalty of 10% shall be
assessed beginning on the tenth calendar day after the due date. Should payments remain past due
for more than thirty (30) days, AGREEMENT is in default and may be terminated, as provided
herein below.
4. In order to encourage development of the Airport by providing sufficient time for investors to
amortize their investments, the term of this AGREEMENT shall be forty (40) years.
IMPROVEMENTS:
5. LESSEE shall have the right at any time and from time to time during the term of this lease, to
erect, maintain, alter, remodel, reconstruct, rebuild and replace buildings and other improvements on
the leased premises, and correct and change the contour of the leased premises as necessary.
6. The full expense of any such construction, reconstruction, demolition, or any change, alteration
or improvements shall be borne and paid by LESSEE.
7. No new structure or other improvement, nor any material addition to, or alteration of, any
building or structure shall be commenced unless and until plans, specifications, and proposed
location(s) have been submitted to and approved by LESSOR. Said plans and specifications shall be
prepared by LESSEE, at its own expense, at least thirty (30) days prior to the planned
commencement of such project.
8. LESSOR shall, in a timely manner, review and approve the plans or note in writing any required
changes or corrections that must be made to the plans. Any required changes or corrections must be
made and the plans resubmitted to LESSOR within thirty (30) days after the corrections or changes
have been noted. Failure of LESSOR to object to such resubmitted plans and specifications within
thirty (30) days shall constitute LESSOR's approval of the changes.
9. Minor changes in work or materials not affecting the general character of the building project,
minor repairs and alterations as may be necessary to continue the structures and improvements
already placed in a useful state of operation, and changes and alterations that may be required by an
authorized public official having authority or jurisdiction over such structures or improvements in
order to comply with legal requirements, shall not require submission to and approval by LESSOR
of plans and specifications.
10. The approval by LESSOR of any plans and specifications refers only to the conformity of such
plans and specifications to the general architectural plan for the leased premises and compliance with
all applicable codes and ordinances, and such approval shall not be withheld unreasonably. Such
plans and specifications are not approved for architectural or engineering design, and by approving
such plans and specifications LESSOR assumes no liability or responsibility therefor or for any
defect in any structure constructed from such plans or specifications.
11. Construction of improvements shall be conducted in full conformance with the City's Building
Codes and other pertinent ordinances, including the payment of all building inspection fees or other
fees associated with construction, and with Federal Aviation Administration and Texas Department
of Transportation standards and requirements.
12. Any and all improvements constructed shall be consistent with the purposes provided for in this
AGREEMENT and contribute to furthering the City of Paris's Airport Master Plan or airport
development objectives.
13. LESSEE shall require all contractors and sub -contractors to maintain general commercial
liability and workers' compensation insurance, or in lieu thereof provide such coverage itself.
14. All improvements shall be substantially complete within eighteen (18) months of execution of
AGREEMENT. Failure to timely complete construction of the hangar shall be considered a breach
of the lease agreement and subject the tenant to all customary remedies for such breach, including
termination. In the event that construction has commenced, but will not be completed in a timely
manner, LESSEE may apply to LESSOR for an extension of time, said application to include an
approved construction timing plan. LESSOR is under no obligation to grant the extension in the
absence of the valid excuse, but such extension will not be unreasonably withheld.
15. LESSEE shall provide as -built plans to LESSOR for all improvements made during the term of
this AGREEMENT.
16. LESSEE shall not erect, paint upon, attach, exhibit or display in, on, or about said leased
premises any sign without the prior written consent of LESSOR.
17. All permanent building and improvements placed upon the leased premises by LESSEE shall
become the ad property of LESSEE, and will be classified for ad valorem tax purposes as property
belonging to LESSEE; provided, however, that LESSOR shall not have the right to alter or destroy
any of such improvements except through authorized condemnation procedures, and LESSEE shall
have the full and peaceful use and enjoyment thereof during the primary term of this lease. All
permanent improvements shall become the property of LESSOR upon the termination of the initial
forty (40) year period of AGREEMENT, without compensation to LESSEE.
MAINTENANCE & USE
18. LESSEE shall, at its own cost and expense at all times during the term of AGREEMENT, to
keep and maintain property and facilities in good condition and repair, reasonable wear and tear
alone excepted, complying with all fire, building, and property maintenance codes and zoning
regulations now in force, or that may be hereafter enacted with regard to the use of the airport
premises, maintaining roofs and walls free from leaks and damage, painting as necessary to prevent
and retard rusting and to enhance appearance as the original finishes deteriorate, and maintaining
property clear of clutter, junk, weeds and high grass.
19. LESSEE shall conduct its operation and maintain the leasehold in such a manner as to be free of
environmental contamination, and shall store neither fuel nor defuel any aircraft inside any hangar.
20. LESSEE shall not cause or permit any use or activity that would create a hazardous condition
for aircraft operating at the airport.
21. LESSEE shall pay or cause to be paid all charges for water, gas, electricity, sewer, cable, and
any and all other utilities used on the leased premises throughout the term of AGREEMENT,
including connection fees.
22. The primary purpose for which the leased premises have been leased is for the development and
construction of an airplane hangar to be used for the storage of airplanes and related aeronautical
equipment and other items of personal property pertaining to that use and owned by the LESSEE. In
addition to the provisions and limitations set forth below, LESSEE shall have the right to use the
leased premises for lawful purposes of private use only which are related to aviation or the aviation
industry, in conformance with the requirements of the City's master plan, and in such a manner so as
not to materially and adversely affect the development and improvement, operation, or maintenance
of the airport.
23. No hangar shall be used as a residence or shall be used for residential purposes. However, such
facilities as a sink, bathroom, or associated features to provide for periodic temporary overnight
stays or social uses within a portion of the hangar shall be permitted.
24. No commercial activity is authorized unless it is first approved by the Lessor.
25. LESSEE shall at no time use or permit the use of leased premises in a manner contrary to
federal, state, or local laws, ordinances, rules, or regulations.
26. LESSOR possesses the right to periodically inspect improvements and in no case less often than
annually, accompanied by LESSEE, to ensure all use requirements, including those relating to use,
are being met.
27. LESSEE shall be responsible for all taxes, if any, including without limit sales, use and excise
taxes, ad valorem taxes or other similar taxes, taxes on personal property, and other charges of every
description which are levied on or assigned against the leased premises, which may be assessed upon
the hangar and other improvements, or any other equipment or property associated with the hangar.
28. LESSEE may, at any time and from time to time, encumber the leasehold interest, by deed of
trust, mortgage or other security instrument, without obtaining the consent of LESSOR, but no such
encumbrance shall constitute a lien on the fee title of LESSOR, and the indebtedness secured thereby
shall at all times be and remain inferior and subordinate to all the conditions, covenants and
obligations of this lease and to all of the rights of the LESSOR hereunder.
INDEMNITY & INSURANCE:
29. LESSEE COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS
FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS)
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF LESSEE, ITS
AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN CONNECTION WITH THE
DESIGN, CONSTRUCTION OR INSTALLATION OF THE IMPROVEMENTS, INCLUDING
BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY
SHALL SURVIVE THE TERM OF THIS AGREEMENT. THERE IS NO JOINT ENTERPRISE
BETWEEN LESSOR AND LESSEE.
30. During the period of construction of any building or other improvement on the leased premises
and at all times thereafter during the lease term, LESSEE shall keep the improvements insured
against loss or damage by fire, with extended coverage endorsement or its equivalent, in such
responsible insurance companies as LESSEE shall select and LESSOR shall approve, and in
amounts not less than 80% of the fair insurable value of the buildings and other improvements.
31. In the event any building or improvement constructed on the leased premises is damaged by fire
or any other casualty, regardless of the extent of such damage or destruction, LESSEE shall within
one year from the date of such damage or destruction commence the work of repair, reconstruction
or replacement of damage or destroyed building or improvement and prosecute the same with
reasonable diligence so that the building, to the extent originally constructed by LESSEE, shall be
restored to substantially the condition it was in prior to the happening of the casualty, provided,
however, that if the commencement, construction or completion of said repair, reconstruction or
replacement work shall be prevented or delayed by reason or war, civil commotion, acts of God,
strikes governmental restrictions or regulations, or interferences, fire or other casualty, or any other
reason enumerated or not, the time for commencing or completing, or both, of the construction of
said building, as the case may be, shall automatically be extended for the period of each such delay.
32. LESSEE shall maintain, during the life of AGREEMENT, general liability coverage with
minimum limits for damages resulting from bodily injury or death of $250,000 per person and
$500,000 per occurrence, and $100,000 per occurrence for property damage, or a combined single
limit of $500,000, or in such other amounts mutually agreed upon to fully and reasonably protect
both LESSEE ad LESSOR. LESSOR shall be named as an additional insured with a waiver of
subrogation in favor of LESSOR. All costs of such insurance shall be borne by LESSEE. Such
insurance policy or policies must be issued by a reputable provider licensed to write such policies in
the State of Texas.
DEFAULT & TERMINATION:
33. Should LESSEE default in the performance of any covenant or condition in AGREEMENT, and
such default is not corrected within thirty (30) days after receipt of written notice from LESSOR to
LESSEE, LESSOR may declare AGREEMENT, and all rights and interest created by it, to be
terminated. Upon LESSOR electing to terminate, AGREEMENT shall cease and come to an end as
if that were the day originally fixed herein for the expiration of the term hereof. LESSOR, its agent
or attorney, may resume possession of the premises and release LESSEE of all liability or relet the
same for the remainder of the term at the best rent LESSOR, its agent or attorney may obtain for the
account of LESSEE, who shall make good any deficiency
34. Any termination of this lease as herein provided shall not relieve LESSEE from the payment of
any sum or sums that shall then be due and payable to LESSOR hereunder, or any claim or damages
then or theretofore accruing against LESSEE hereunder, and any such termination shall not prevent
LESSOR from enforcing the payment of any such sum or sums or claim damages by any remedy
provided for by law or from recovering damages from LESSEE for any default thereunder. No
termination shall relieve LESSEE of the obligation to deliver and perform on all outstanding
obligations and requirements prior to the effective date of the termination.
35. In the event of the failure on the part of LESSEE upon termination of AGREEMENT to
immediately remove from the leased premises all property owned by it, LESSOR may effect such
removal and store such property at LESSEE's expense.
36. LESEE shall pay and discharge all reasonable costs, attorney's fees, and expenses that maybe
incurred by LESSOR in enforcing the covenants and conditions of AGREEMENT.
37. Notwithstanding the foregoing, no failure to perform or delay in performance which is caused
by any war, civil disorder, or other national emergency or which is due to an intervening act of God
shall be deemed an event of default during the pending force majeure event.
38. Tenants of hangars which are built by LESSEE as consideration for a long-term ground lease
shall be given the right -of -first -refusal for the lease of such hangar upon the termination or
expiration of the initial lease, the rental rate for such hangars to be determined as set out herein.
RESERVED TO LESSOR:
39. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive
right except as to the premises leased herein.
40. LESSOR reserves the right to further develop or improve the landing area of the airport as it
sees fit, regardless of the desires or view of LESSEE, including the temporary closing of the airport,
and the granting of an exclusive right.
41. The parties agree that LESSOR has not waived its sovereign immunity by entering into and
performing its obligations under this AGREEMENT.
42. LESSOR will maintain and keep in repair the landing area of the airport and all publicly owned
facilities of the airport, together with the right to direct and control all activities of LESSEE in this
regard.
43. During a time of war or national emergency, LESSOR shall have the right to lease the landing
area or any part thereof to the United States Government for military use, and, if such lease is
executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the
lease to the Government shall be suspended.
44. LESSOR reserves the right to take any action it considers necessary to protect the aerial
approaches of the airport against obstruction, together with the right to prevent LESSEE from
erecting, or permitting to be erected, any building or other structure on or adjacent to the airport
which, in the opinion of the LESSOR, would limit the usefulness of the airport or constitute a hazard
to aircraft.
45. During the final 180 days of the term of AGREEMENT, LESSSOR shall have the right to erect
and maintain on or about the leased premises customary signs advertising the premises for sale or
lease.
46. This lease shall be subordinate to the provisions of any existing or future agreement between
LESSOR and the United States, relative to the operation or maintenance of the airport, the execution
of which has been or may be required as a condition precedent to the expenditure of Federal funds
for the development of the airport.
47. Holding over by LESSEE of the airport premises after the expiration of this Agreement shall
operate and be construed as a tenancy from day to day at a rental rate computed from the rental rate
then prevailing under this lease.
48. LESSOR may, at its option, and following a ninety (90) day written notice period, terminate
AGREEMENT as to the land, the hangar building, or any parts thereof, which may be necessary in
the event LESSOR desires to use the property, or any portion thereof, for any governmental purpose
as determined by LESSOR, such as but not limited to, extension of runways or taxiways, utility or
drainage improvements, or the expansion of existing buildings or the erection of other airport
facilities. If LESSOR so terminates all or a portion of AGREEMENT, LESSOR shall pay to
LESSEE 2.5% of the total construction costs of all improvements multiplied by the number of years
remaining in the lease term.
49. Nothing herein contained shall be construed to deny the LESSOR its right to condemn the
leased property through its power of eminent domain. In the event of condemnation of all or any
portion of the leased premises, the leasehold interest of LESSEE shall be deemed to include all rights
under this lease including, but not limited to, the right to occupy the improvements placed on the
leased premises.
MISCELLANEOUS
50. The undersigned officers and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this AGREEMENT on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions or other acts extending such
authority have been duly passed and are now in full force and effect.
51. This Agreement represents the entire and integrated agreement between LESSOR and LESSEE
and supersedes all prior negotiations, representations and/or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both LESSOR and LESSEE.
52. If any clause, paragraph, section or portion of this AGREEMENT shall be found to be illegal,
unlawful, unconstitutional or void for any reason, the balance of the AGREEMENT shall remain in
full force and effect and the parties shall be deemed to have contracted as if said clause, section,
paragraph or portion had not been in the Agreement initially.
53. This AGREEMENT is executed by the parties hereto without coercion or duress and for
substantial consideration, the sufficiency of which is hereby acknowledged.
54. Waiver by either party or any breach of this AGREEMENT, or the failure of either party to
enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or
waive such party's right thereafter to enforce and compel strict compliance of the AGREEMENT.
55. This AGREEMENT shall be drafted equally by all parties hereto. The language of all parts of
this AGREEMENT shall be construed as a whole according to its fair meaning, and any presumption
or principle that the language herein is to be construed against any party shall not apply. Headings in
this AGREEMENT are for the convenience of the parties and are not intended to be used in
construing this document.
56. This AGREEMENT maybe executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes.
57. This AGREEMENT shall not be assigned without the written consent of LESSOR, which shall
not be unreasonably withheld, conditioned or delayed. Any amendment to this AGREEMENT shall
be in writing and signed by all parties to the AGREEMENT.
58. The rights and remedies provided by the AGREEMENT are cumulative, and the use of anyone
right or remedy by LESSOR shall not preclude or waive any right to use any or all other remedies.
59. Where the terms of this AGREEMENT require that notice in writing be provided, such notice
shall be deemed delivered three (3) days following the deposit of the notice in the United States
mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed as
follows:
Lessor: City of Paris
P. O. Box 9037
Lessee:
Paris, TX 75461-9037
Texas
Email:
60. This AGREEMENT shall be binding upon, and inure to the benefit of, the parties of this Lease
and their respective heirs, executors, administrators, legal representatives, successors, and assigns
when permitted by this Agreement.
61. This AGREEMENT shall be construed under, and in accordance with the laws of the State of
Texas, and all obligations of the parties created by this Lease are performable in Lamar County,
Texas.
EXECUTED on this day of
THE CITY OF PARIS, TEXAS
Interim City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF TEXAS
COUNTY OF LAMAR
2024, to be effective , 20_.
LESSEE
LT Wings
This instrument was acknowledged before me on the day of , 20 , by
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on the day of, 20, by
Notary Public, State of Texas
HANGAR 7
AIRPORT GROUND LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LAMAR
This Lease Agreement (AGREEMENT) is made by and between the City of Paris, Texas, a home
rule municipal corporation (LESSOR) and LT Wings (LESSEE).
For and in consideration of the construction of a new 80' x 80" airplane hangar (Hangar 7) and
related improvements, as further described herein, and for the payment of monthly ground lease
rental to LESSOR, LESSOR does hereby lease, rent, and let unto LESEE that portion of Cox Field
real property as described in Exhibit A, attached hereto and made a part hereof.
LESSEE hereby leases said real property from LESSOR subject to the terms, covenants, and
conditions state below, and shall have the right and privilege to construct and maintain certain
improvements of said property. LESSEE accepts property "as is."
Except to the extent provided herein and subject to the provisions hereof, LESSEE shall have and
hold the leased premises, together with all rights, privileges, easements, appurtenances, and
immunities belonging to or in any way appertaining to said leased premises, including, but not
limited to, any and all easements, rights, title and privileges of LESSOR now or hereafter existing in,
to, or under said leased premises, and additionally LESSEE shall be permitted to use in common
with others all streets and other rights of ingress and egress and all runways, taxiways and designated
aprons which are or may hereafter be provided at the Airport.
LEASE TERMS:
1. Subject to the provisions contained herein, LESSEE shall pay to LESSOR an annual ground
lease payment of $0.25 per square foot ($1,600.00 per year), to be paid in advance, beginning on the
commencement date of this lease and continuing regularly thereafter during the term of this lease
and any extensions thereof. At its sole option, LESSEE may prepay any of the rental installments.
2. Rental rates may be adjusted by LESSOR at the end of each five-year lease period, computed
according to the Consumer Price Index (CPI) for Dallas -Fort Worth, Texas, or other rates prevailing
in the Paris area for similar facilities.
3. Should LESSEE fail to make payments in a timely manner, a late penalty of 10% shall be
assessed beginning on the tenth calendar day after the due date. Should payments remain past due
for more than thirty (30) days, AGREEMENT is in default and may be terminated, as provided
herein below.
4. In order to encourage development of the Airport by providing sufficient time for investors to
amortize their investments, the term of this AGREEMENT shall be forty (40) years.
IMPROVEMENTS:
5. LESSEE shall have the right at any time and from time to time during the term of this lease, to
erect, maintain, alter, remodel, reconstruct, rebuild and replace buildings and other improvements on
the leased premises, and correct and change the contour of the leased premises as necessary.
6. The full expense of any such construction, reconstruction, demolition, or any change, alteration
or improvements shall be borne and paid by LESSEE.
7. No new structure or other improvement, nor any material addition to, or alteration of, any
building or structure shall be commenced unless and until plans, specifications, and proposed
location(s) have been submitted to and approved by LESSOR. Said plans and specifications shall be
prepared by LESSEE, at its own expense, at least thirty (30) days prior to the planned
commencement of such project.
8. LESSOR shall, in a timely manner, review and approve the plans or note in writing any required
changes or corrections that must be made to the plans. Any required changes or corrections must be
made and the plans resubmitted to LESSOR within thirty (30) days after the corrections or changes
have been noted. Failure of LESSOR to object to such resubmitted plans and specifications within
thirty (30) days shall constitute LESSOR's approval of the changes.
9. Minor changes in work or materials not affecting the general character of the building project,
minor repairs and alterations as may be necessary to continue the structures and improvements
already placed in a useful state of operation, and changes and alterations that may be required by an
authorized public official having authority or jurisdiction over such structures or improvements in
order to comply with legal requirements, shall not require submission to and approval by LESSOR
of plans and specifications.
10. The approval by LESSOR of any plans and specifications refers only to the conformity of such
plans and specifications to the general architectural plan for the leased premises and compliance with
all applicable codes and ordinances, and such approval shall not be withheld unreasonably. Such
plans and specifications are not approved for architectural or engineering design, and by approving
such plans and specifications LESSOR assumes no liability or responsibility therefor or for any
defect in any structure constructed from such plans or specifications.
11. Construction of improvements shall be conducted in full conformance with the City's Building
Codes and other pertinent ordinances, including the payment of all building inspection fees or other
fees associated with construction, and with Federal Aviation Administration and Texas Department
of Transportation standards and requirements.
12. Any and all improvements constructed shall be consistent with the purposes provided for in this
AGREEMENT and contribute to furthering the City of Paris's Airport Master Plan or airport
development objectives.
13. LESSEE shall require all contractors and sub -contractors to maintain general commercial
liability and workers' compensation insurance, or in lieu thereof provide such coverage itself.
14. All improvements shall be substantially complete within eighteen (18) months of execution of
AGREEMENT. Failure to timely complete construction of the hangar shall be considered a breach
of the lease agreement and subject the tenant to all customary remedies for such breach, including
termination. In the event that construction has commenced, but will not be completed in a timely
manner, LESSEE may apply to LESSOR for an extension of time, said application to include an
approved construction timing plan. LESSOR is under no obligation to grant the extension in the
absence of the valid excuse, but such extension will not be unreasonably withheld.
15. LESSEE shall provide as -built plans to LESSOR for all improvements made during the term of
this AGREEMENT.
16. LESSEE shall not erect, paint upon, attach, exhibit or display in, on, or about said leased
premises any sign without the prior written consent of LESSOR.
17. All permanent building and improvements placed upon the leased premises by LESSEE shall
become the ad property of LESSEE, and will be classified for ad valorem tax purposes as property
belonging to LESSEE; provided, however, that LESSOR shall not have the right to alter or destroy
any of such improvements except through authorized condemnation procedures, and LESSEE shall
have the full and peaceful use and enjoyment thereof during the primary term of this lease. All
permanent improvements shall become the property of LESSOR upon the termination of the initial
forty (40) year period of AGREEMENT, without compensation to LESSEE.
MAINTENANCE & USE
18. LESSEE shall, at its own cost and expense at all times during the term of AGREEMENT, to
keep and maintain property and facilities in good condition and repair, reasonable wear and tear
alone excepted, complying with all fire, building, and property maintenance codes and zoning
regulations now in force, or that may be hereafter enacted with regard to the use of the airport
premises, maintaining roofs and walls free from leaks and damage, painting as necessary to prevent
and retard rusting and to enhance appearance as the original finishes deteriorate, and maintaining
property clear of clutter, junk, weeds and high grass.
19. LESSEE shall conduct its operation and maintain the leasehold in such a manner as to be free of
environmental contamination, and shall store neither fuel nor defuel any aircraft inside any hangar.
20. LESSEE shall not cause or permit any use or activity that would create a hazardous condition
for aircraft operating at the airport.
21. LESSEE shall pay or cause to be paid all charges for water, gas, electricity, sewer, cable, and
any and all other utilities used on the leased premises throughout the term of AGREEMENT,
including connection fees.
22. The primary purpose for which the leased premises have been leased is for the development and
construction of an airplane hangar to be used for the storage of airplanes and related aeronautical
equipment and other items of personal property pertaining to that use and owned by the LESSEE. In
addition to the provisions and limitations set forth below, LESSEE shall have the right to use the
leased premises for lawful purposes of private use only which are related to aviation or the aviation
industry, in conformance with the requirements of the City's master plan, and in such a manner so as
not to materially and adversely affect the development and improvement, operation, or maintenance
of the airport.
23. No hangar shall be used as a residence or shall be used for residential purposes. However, such
facilities as a sink, bathroom, or associated features to provide for periodic temporary overnight
stays or social uses within a portion of the hangar shall be permitted.
24. No commercial activity is authorized unless it is first approved by the Lessor.
25. LESSEE shall at no time use or permit the use of leased premises in a manner contrary to
federal, state, or local laws, ordinances, rules, or regulations.
26. LESSOR possesses the right to periodically inspect improvements and in no case less often than
annually, accompanied by LESSEE, to ensure all use requirements, including those relating to use,
are being met.
27. LESSEE shall be responsible for all taxes, if any, including without limit sales, use and excise
taxes, ad valorem taxes or other similar taxes, taxes on personal property, and other charges of every
description which are levied on or assigned against the leased premises, which may be assessed upon
the hangar and other improvements, or any other equipment or property associated with the hangar.
28. LESSEE may, at any time and from time to time, encumber the leasehold interest, by deed of
trust, mortgage or other security instrument, without obtaining the consent of LESSOR, but no such
encumbrance shall constitute a lien on the fee title of LESSOR, and the indebtedness secured thereby
shall at all times be and remain inferior and subordinate to all the conditions, covenants and
obligations of this lease and to all of the rights of the LESSOR hereunder.
INDEMNITY & INSURANCE:
29. LESSEE COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS
FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS)
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF LESSEE, ITS
AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN CONNECTION WITH THE
DESIGN, CONSTRUCTION OR INSTALLATION OF THE IMPROVEMENTS, INCLUDING
BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY
SHALL SURVIVE THE TERM OF THIS AGREEMENT. THERE IS NO JOINT ENTERPRISE
BETWEEN LESSOR AND LESSEE.
30. During the period of construction of any building or other improvement on the leased premises
and at all times thereafter during the lease term, LESSEE shall keep the improvements insured
against loss or damage by fire, with extended coverage endorsement or its equivalent, in such
responsible insurance companies as LESSEE shall select and LESSOR shall approve, and in
amounts not less than 80% of the fair insurable value of the buildings and other improvements.
31. In the event any building or improvement constructed on the leased premises is damaged by fire
or any other casualty, regardless of the extent of such damage or destruction, LESSEE shall within
one year from the date of such damage or destruction commence the work of repair, reconstruction
or replacement of damage or destroyed building or improvement and prosecute the same with
reasonable diligence so that the building, to the extent originally constructed by LESSEE, shall be
restored to substantially the condition it was in prior to the happening of the casualty, provided,
however, that if the commencement, construction or completion of said repair, reconstruction or
replacement work shall be prevented or delayed by reason or war, civil commotion, acts of God,
strikes governmental restrictions or regulations, or interferences, fire or other casualty, or any other
reason enumerated or not, the time for commencing or completing, or both, of the construction of
said building, as the case may be, shall automatically be extended for the period of each such delay.
32. LESSEE shall maintain, during the life of AGREEMENT, general liability coverage with
minimum limits for damages resulting from bodily injury or death of $250,000 per person and
$500,000 per occurrence, and $100,000 per occurrence for property damage, or a combined single
limit of $500,000, or in such other amounts mutually agreed upon to fully and reasonably protect
both LESSEE ad LESSOR. LESSOR shall be named as an additional insured with a waiver of
subrogation in favor of LESSOR. All costs of such insurance shall be borne by LESSEE. Such
insurance policy or policies must be issued by a reputable provider licensed to write such policies in
the State of Texas.
DEFAULT & TERMINATION:
33. Should LESSEE default in the performance of any covenant or condition in AGREEMENT, and
such default is not corrected within thirty (30) days after receipt of written notice from LESSOR to
LESSEE, LESSOR may declare AGREEMENT, and all rights and interest created by it, to be
terminated. Upon LESSOR electing to terminate, AGREEMENT shall cease and come to an end as
if that were the day originally fixed herein for the expiration of the term hereof. LESSOR, its agent
or attorney, may resume possession of the premises and release LESSEE of all liability or relet the
same for the remainder of the term at the best rent LESSOR, its agent or attorney may obtain for the
account of LESSEE, who shall make good any deficiency
34. Any termination of this lease as herein provided shall not relieve LESSEE from the payment of
any sum or sums that shall then be due and payable to LESSOR hereunder, or any claim or damages
then or theretofore accruing against LESSEE hereunder, and any such termination shall not prevent
LESSOR from enforcing the payment of any such sum or sums or claim damages by any remedy
provided for by law or from recovering damages from LESSEE for any default thereunder. No
termination shall relieve LESSEE of the obligation to deliver and perform on all outstanding
obligations and requirements prior to the effective date of the termination.
35. In the event of the failure on the part of LESSEE upon termination of AGREEMENT to
immediately remove from the leased premises all property owned by it, LESSOR may effect such
removal and store such property at LESSEE's expense.
36. LESEE shall pay and discharge all reasonable costs, attorney's fees, and expenses that maybe
incurred by LESSOR in enforcing the covenants and conditions of AGREEMENT.
37. Notwithstanding the foregoing, no failure to perform or delay in performance which is caused
by any war, civil disorder, or other national emergency or which is due to an intervening act of God
shall be deemed an event of default during the pending force majeure event.
38. Tenants of hangars which are built by LESSEE as consideration for a long-term ground lease
shall be given the right -of -first -refusal for the lease of such hangar upon the termination or
expiration of the initial lease, the rental rate for such hangars to be determined as set out herein.
RESERVED TO LESSOR:
39. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive
right except as to the premises leased herein.
40. LESSOR reserves the right to further develop or improve the landing area of the airport as it
sees fit, regardless of the desires or view of LESSEE, including the temporary closing of the airport,
and the granting of an exclusive right.
41. The parties agree that LESSOR has not waived its sovereign immunity by entering into and
performing its obligations under this AGREEMENT.
42. LESSOR will maintain and keep in repair the landing area of the airport and all publicly owned
facilities of the airport, together with the right to direct and control all activities of LESSEE in this
regard.
43. During a time of war or national emergency, LESSOR shall have the right to lease the landing
area or any part thereof to the United States Government for military use, and, if such lease is
executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the
lease to the Government shall be suspended.
44. LESSOR reserves the right to take any action it considers necessary to protect the aerial
approaches of the airport against obstruction, together with the right to prevent LESSEE from
erecting, or permitting to be erected, any building or other structure on or adjacent to the airport
which, in the opinion of the LESSOR, would limit the usefulness of the airport or constitute a hazard
to aircraft.
45. During the final 180 days of the term of AGREEMENT, LESS SOR shall have the right to erect
and maintain on or about the leased premises customary signs advertising the premises for sale or
lease.
46. This lease shall be subordinate to the provisions of any existing or future agreement between
LESSOR and the United States, relative to the operation or maintenance of the airport, the execution
of which has been or may be required as a condition precedent to the expenditure of Federal funds
for the development of the airport.
47. Holding over by LESSEE of the airport premises after the expiration of this Agreement shall
operate and be construed as a tenancy from day to day at a rental rate computed from the rental rate
then prevailing under this lease.
48. LESSOR may, at its option, and following a ninety (90) day written notice period, terminate
AGREEMENT as to the land, the hangar building, or any parts thereof, which may be necessary in
the event LESSOR desires to use the property, or any portion thereof, for any governmental purpose
as determined by LESSOR, such as but not limited to, extension of runways or taxiways, utility or
drainage improvements, or the expansion of existing buildings or the erection of other airport
facilities. If LESSOR so terminates all or a portion of AGREEMENT, LESSOR shall pay to
LESSEE 2.5% of the total construction costs of all improvements multiplied by the number of years
remaining in the lease term.
49. Nothing herein contained shall be construed to deny the LESSOR its right to condemn the
leased property through its power of eminent domain. In the event of condemnation of all or any
portion of the leased premises, the leasehold interest of LESSEE shall be deemed to include all rights
under this lease including, but not limited to, the right to occupy the improvements placed on the
leased premises.
MISCELLANEOUS
50. The undersigned officers and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this AGREEMENT on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions or other acts extending such
authority have been duly passed and are now in full force and effect.
51. This Agreement represents the entire and integrated agreement between LESSOR and LESSEE
and supersedes all prior negotiations, representations and/or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both LESSOR and LESSEE.
52. If any clause, paragraph, section or portion of this AGREEMENT shall be found to be illegal,
unlawful, unconstitutional or void for any reason, the balance of the AGREEMENT shall remain in
full force and effect and the parties shall be deemed to have contracted as if said clause, section,
paragraph or portion had not been in the Agreement initially.
53. This AGREEMENT is executed by the parties hereto without coercion or duress and for
substantial consideration, the sufficiency of which is hereby acknowledged.
54. Waiver by either party or any breach of this AGREEMENT, or the failure of either party to
enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or
waive such party's right thereafter to enforce and compel strict compliance of the AGREEMENT.
55. This AGREEMENT shall be drafted equally by all parties hereto. The language of all parts of
this AGREEMENT shall be construed as a whole according to its fair meaning, and any presumption
or principle that the language herein is to be construed against any party shall not apply. Headings in
this AGREEMENT are for the convenience of the parties and are not intended to be used in
construing this document.
56. This AGREEMENT may be executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes.
57. This AGREEMENT shall not be assigned without the written consent of LESSOR, which shall
not be unreasonably withheld, conditioned or delayed. Any amendment to this AGREEMENT shall
be in writing and signed by all parties to the AGREEMENT.
58. The rights and remedies provided by the AGREEMENT are cumulative, and the use of anyone
right or remedy by LESSOR shall not preclude or waive any right to use any or all other remedies.
59. Where the terms of this AGREEMENT require that notice in writing be provided, such notice
shall be deemed delivered three (3) days following the deposit of the notice in the United States
mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed as
follows:
Lessor: City of Paris
P. O. Box 9037
Lessee:
Paris, TX 75461-9037
Texas
Email:
60. This AGREEMENT shall be binding upon, and inure to the benefit of, the parties of this Lease
and their respective heirs, executors, administrators, legal representatives, successors, and assigns
when permitted by this Agreement.
61. This AGREEMENT shall be construed under, and in accordance with the laws of the State of
Texas, and all obligations of the parties created by this Lease are performable in Lamar County,
Texas.
EXECUTED on this day of
THE CITY OF PARIS, TEXAS
Interim City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF TEXAS
COUNTY OF LAMAR
2024, to be effective ,, 20
LESSEE
LT Wings
This instrument was acknowledged before me on the day of , 20_, by
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on the day of _,, , 20, by
Notary Public, State of Texas
HANGAR 8
AIRPORT GROUND LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LAMAR §
KNOW ALL MEN BY THESE PRESENTS
This Lease Agreement (AGREEMENT) is made by and between the City of Paris, Texas, a home
rule municipal corporation (LESSOR) and LT Wings (LESSEE).
For and in consideration of the construction of a new 100' x 80" airplane hangar (Hangar 8) and
related improvements, as further described herein, and for the payment of monthly ground lease
rental to LESSOR, LESSOR does hereby lease, rent, and let unto LESEE that portion of Cox Field
real property as described in Exhibit A, attached hereto and made a part hereof.
LESSEE hereby leases said real property from LESSOR subject to the terms, covenants, and
conditions state below, and shall have the right and privilege to construct and maintain certain
improvements of said property. LESSEE accepts property "as is."
Except to the extent provided herein and subject to the provisions hereof, LESSEE shall have and
hold the leased premises, together with all rights, privileges, easements, appurtenances, and
immunities belonging to or in any way appertaining to said leased premises, including, but not
limited to, any and all easements, rights, title and privileges of LESSOR now or hereafter existing in,
to, or under said leased premises, and additionally LESSEE shall be permitted to use in common
with others all streets and other rights of ingress and egress and all runways, taxiways and designated
aprons which are or may hereafter be provided at the Airport.
LEASE TERMS:
1. Subject to the provisions contained herein, LESSEE shall pay to LESSOR an annual ground
lease payment of $0.25 per square foot ($2,000.00 per year), to be paid in advance, beginning on the
commencement date of this lease and continuing regularly thereafter during the term of this lease
and any extensions thereof. At its sole option, LESSEE may prepay any of the rental installments.
2. Rental rates may be adjusted by LESSOR at the end of each five-year lease period, computed
according to the Consumer Price Index (CPI) for Dallas -Fort Worth, Texas, or other rates prevailing
in the Paris area for similar facilities.
3. Should LESSEE fail to make payments in a timely manner, a late penalty of 10% shall be
assessed beginning on the tenth calendar day after the due date. Should payments remain past due
for more than thirty (30) days, AGREEMENT is in default and may be terminated, as provided
herein below.
4. In order to encourage development of the Airport by providing sufficient time for investors to
amortize their investments, the term of this AGREEMENT shall be forty (40) years.
IMPROVEMENTS:
5. LESSEE shall have the right at anytime and from time to time during the term of this lease, to
erect, maintain, alter, remodel, reconstruct, rebuild and replace buildings and other improvements on
the leased premises, and correct and change the contour of the leased premises as necessary.
6. The full expense of any such construction, reconstruction, demolition, or any change, alteration
or improvements shall be borne and paid by LESSEE.
7. No new structure or other improvement, nor any material addition to, or alteration of, any
building or structure shall be commenced unless and until plans, specifications, and proposed
location(s) have been submitted to and approved by LESSOR. Said plans and specifications shall be
prepared by LESSEE, at its own expense, at least thirty (30) days prior to the planned
commencement of such project.
8. LESSOR shall, in a timely manner, review and approve the plans or note in writing any required
changes or corrections that must be made to the plans. Any required changes or corrections must be
made and the plans resubmitted to LESSOR within thirty (30) days after the corrections or changes
have been noted. Failure of LESSOR to object to such resubmitted plans and specifications within
thirty (30) days shall constitute LESSOR's approval of the changes.
9. Minor changes in work or materials not affecting the general character of the building project,
minor repairs and alterations as may be necessary to continue the structures and improvements
already placed in a useful state of operation, and changes and alterations that may be required by an
authorized public official having authority or jurisdiction over such structures or improvements in
order to comply with legal requirements, shall not require submission to and approval by LESSOR
of plans and specifications.
10. The approval by LESSOR of any plans and specifications refers only to the conformity of such
plans and specifications to the general architectural plan for the leased premises and compliance with
all applicable codes and ordinances, and such approval shall not be withheld unreasonably. Such
plans and specifications are not approved for architectural or engineering design, and by approving
such plans and specifications LESSOR assumes no liability or responsibility therefor or for any
defect in any structure constructed from such plans or specifications.
11. Construction of improvements shall be conducted in full conformance with the City's Building
Codes and other pertinent ordinances, including the payment of all building inspection fees or other
fees associated with construction, and with Federal Aviation Administration and Texas Department
of Transportation standards and requirements.
12. Any and all improvements constructed shall be consistent with the purposes provided for in this
AGREEMENT and contribute to furthering the City of Paris's Airport Master Plan or airport
development objectives.
13. LESSEE shall require all contractors and sub -contractors to maintain general commercial
liability and workers' compensation insurance, or in lieu thereof provide such coverage itself.
14. All improvements shall be substantially complete within eighteen (18) months of execution of
AGREEMENT. Failure to timely complete construction of the hangar shall be considered a breach
of the lease agreement and subject the tenant to all customary remedies for such breach, including
termination. In the event that construction has commenced, but will not be completed in a timely
manner, LESSEE may apply to LESSOR for an extension of time, said application to include an
approved construction timing plan. LESSOR is under no obligation to grant the extension in the
absence of the valid excuse, but such extension will not be unreasonably withheld.
15. LESSEE shall provide as -built plans to LESSOR for all improvements made during the term of
this AGREEMENT.
16. LESSEE shall not erect, paint upon, attach, exhibit or display in, on, or about said leased
premises any sign without the prior written consent of LESSOR.
17. All permanent building and improvements placed upon the leased premises by LESSEE shall
become the ad property of LESSEE, and will be classified for ad valorem tax purposes as property
belonging to LESSEE; provided, however, that LESSOR shall not have the right to alter or destroy
any of such improvements except through authorized condemnation procedures, and LESSEE shall
have the full and peaceful use and enjoyment thereof during the primary term of this lease. All
permanent improvements shall become the property of LESSOR upon the termination of the initial
forty (40) year period of AGREEMENT, without compensation to LESSEE.
MAINTENANCE & USE
18. LESSEE shall, at its own cost and expense at all times during the term of AGREEMENT, to
keep and maintain property and facilities in good condition and repair, reasonable wear and tear
alone excepted, complying with all fire, building, and property maintenance codes and zoning
regulations now in force, or that may be hereafter enacted with regard to the use of the airport
premises, maintaining roofs and walls free from leaks and damage, painting as necessary to prevent
and retard rusting and to enhance appearance as the original finishes deteriorate, and maintaining
property clear of clutter, junk, weeds and high grass.
19. LESSEE shall conduct its operation and maintain the leasehold in such a manner as to be free of
environmental contamination, and shall store neither fuel nor defuel any aircraft inside any hangar.
20. LESSEE shall not cause or permit any use or activity that would create a hazardous condition
for aircraft operating at the airport.
21. LESSEE shall pay or cause to be paid all charges for water, gas, electricity, sewer, cable, and
any and all other utilities used on the leased premises throughout the term of AGREEMENT,
including connection fees.
22. The primary purpose for which the leased premises have been leased is for the development and
construction of an airplane hangar to be used for the storage of airplanes and related aeronautical
equipment and other items of personal property pertaining to that use and owned by the LESSEE. In
addition to the provisions and limitations set forth below, LESSEE shall have the right to use the
leased premises for lawful purposes of private use only which are related to aviation or the aviation
industry, in conformance with the requirements of the City's master plan, and in such a manner so as
not to materially and adversely affect the development and improvement, operation, or maintenance
of the airport.
23. No hangar shall be used as a residence or shall be used for residential purposes. However, such
facilities as a sink, bathroom, or associated features to provide for periodic temporary overnight
stays or social uses within a portion of the hangar shall be permitted.
24. No commercial activity is authorized unless it is first approved by the Lessor.
25. LESSEE shall at no time use or permit the use of leased premises in a manner contrary to
federal, state, or local laws, ordinances, rules, or regulations.
26. LESSOR possesses the right to periodically inspect improvements and in no case less often than
annually, accompanied by LESSEE, to ensure all use requirements, including those relating to use,
are being met.
27. LESSEE shall be responsible for all taxes, if any, including without limit sales, use and excise
taxes, ad valorem taxes or other similar taxes, taxes on personal property, and other charges of every
description which are levied on or assigned against the leased premises, which may be assessed upon
the hangar and other improvements, or any other equipment or property associated with the hangar.
28. LESSEE may, at any time and from time to time, encumber the leasehold interest, by deed of
trust, mortgage or other security instrument, without obtaining the consent of LESSOR, but no such
encumbrance shall constitute a lien on the fee title of LESSOR, and the indebtedness secured thereby
shall at all times be and remain inferior and subordinate to all the conditions, covenants and
obligations of this lease and to all of the rights of the LESSOR hereunder.
INDEMNITY & INSURANCE:
29. LESSEE COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS
FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS)
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF LESSEE, ITS
AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN CONNECTION WITH THE
DESIGN, CONSTRUCTION OR INSTALLATION OF THE IMPROVEMENTS, INCLUDING
BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY
SHALL SURVIVE THE TERM OF THIS AGREEMENT. THERE IS NO JOINT ENTERPRISE
BETWEEN LESSOR AND LESSEE.
30. During the period of construction of any building or other improvement on the leased premises
and at all times thereafter during the lease term, LESSEE shall keep the improvements insured
against loss or damage by fire, with extended coverage endorsement or its equivalent, in such
responsible insurance companies as LESSEE shall select and LESSOR shall approve, and in
amounts not less than 80% of the fair insurable value of the buildings and other improvements.
31. In the event any building or improvement constructed on the leased premises is damaged by fire
or any other casualty, regardless of the extent of such damage or destruction, LESSEE shall within
one year from the date of such damage or destruction commence the work of repair, reconstruction
or replacement of damage or destroyed building or improvement and prosecute the same with
reasonable diligence so that the building, to the extent originally constructed by LESSEE, shall be
restored to substantially the condition it was in prior to the happening of the casualty, provided,
however, that if the commencement, construction or completion of said repair, reconstruction or
replacement work shall be prevented or delayed by reason or war, civil commotion, acts of God,
strikes governmental restrictions or regulations, or interferences, fire or other casualty, or any other
reason enumerated or not, the time for commencing or completing, or both, of the construction of
said building, as the case may be, shall automatically be extended for the period of each such delay.
32. LESSEE shall maintain, during the life of AGREEMENT, general liability coverage with
minimum limits for damages resulting from bodily injury or death of $250,000 per person and
$500,000 per occurrence, and $100,000 per occurrence for property damage, or a combined single
limit of $500,000, or in such other amounts mutually agreed upon to fully and reasonably protect
both LESSEE ad LESSOR. LESSOR shall be named as an additional insured with a waiver of
subrogation in favor of LESSOR. All costs of such insurance shall be borne by LESSEE. Such
insurance policy or policies must be issued by a reputable provider licensed to write such policies in
the State of Texas.
DEFAULT & TERMINATION:
33. Should LESSEE default in the performance of any covenant or condition in AGREEMENT, and
such default is not corrected within thirty (30) days after receipt of written notice from LESSOR to
LESSEE, LESSOR may declare AGREEMENT, and all rights and interest created by it, to be
terminated. Upon LESSOR electing to terminate, AGREEMENT shall cease and come to an end as
if that were the day originally fixed herein for the expiration of the term hereof. LESSOR, its agent
or attorney, may resume possession of the premises and release LESSEE of all liability or relet the
same for the remainder of the term at the best rent LESSOR, its agent or attorney may obtain for the
account of LESSEE, who shall make good any deficiency
34. Any termination of this lease as herein provided shall not relieve LESSEE from the payment of
any sum or sums that shall then be due and payable to LESSOR hereunder, or any claim or damages
then or theretofore accruing against LESSEE hereunder, and any such termination shall not prevent
LESSOR from enforcing the payment of any such sum or sums or claim damages by any remedy
provided for by law or from recovering damages from LESSEE for any default thereunder. No
termination shall relieve LESSEE of the obligation to deliver and perform on all outstanding
obligations and requirements prior to the effective date of the termination.
35. In the event of the failure on the part of LESSEE upon termination of AGREEMENT to
immediately remove from the leased premises all property owned by it, LESSOR may effect such
removal and store such property at LESSEE's expense.
36. LESEE shall pay and discharge all reasonable costs, attorney's fees, and expenses that maybe
incurred by LESSOR in enforcing the covenants and conditions of AGREEMENT.
37. Notwithstanding the foregoing, no failure to perform or delay in performance which is caused
by any war, civil disorder, or other national emergency or which is due to an intervening act of God
shall be deemed an event of default during the pending force majeure event.
38. Tenants of hangars which are built by LESSEE as consideration for a long-term ground lease
shall be given the right -of -first -refusal for the lease of such hangar upon the termination or
expiration of the initial lease, the rental rate for such hangars to be determined as set out herein.
RESERVED TO LESSOR:
39. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive
right except as to the premises leased herein.
40. LESSOR reserves the right to further develop or improve the landing area of the airport as it
sees fit, regardless of the desires or view of LESSEE, including the temporary closing of the airport,
and the granting of an exclusive right.
41. The parties agree that LESSOR has not waived its sovereign immunity by entering into and
performing its obligations under this AGREEMENT.
42. LESSOR will maintain and keep in repair the landing area of the airport and all publicly owned
facilities of the airport, together with the right to direct and control all activities of LESSEE in this
regard.
43. During a time of war or national emergency, LESSOR shall have the right to lease the landing
area or any part thereof to the United States Government for military use, and, if such lease is
executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the
lease to the Government shall be suspended.
44. LESSOR reserves the right to take any action it considers necessary to protect the aerial
approaches of the airport against obstruction, together with the right to prevent LESSEE from
erecting, or permitting to be erected, any building or other structure on or adjacent to the airport
which, in the opinion of the LESSOR, would limit the usefulness of the airport or constitute a hazard
to aircraft.
45. During the final 180 days of the term of AGREEMENT, LESS SOR shall have the right to erect
and maintain on or about the leased premises customary signs advertising the premises for sale or
lease.
46. This lease shall be subordinate to the provisions of any existing or future agreement between
LESSOR and the United States, relative to the operation or maintenance of the airport, the execution
of which has been or may be required as a condition precedent to the expenditure of Federal funds
for the development of the airport.
47. Holding over by LESSEE of the airport premises after the expiration of this Agreement shall
operate and be construed as a tenancy from day to day at a rental rate computed from the rental rate
then prevailing under this lease.
48. LESSOR may, at its option, and following a ninety (90) day written notice period, terminate
AGREEMENT as to the land, the hangar building, or any parts thereof, which may be necessary in
the event LESSOR desires to use the property, or any portion thereof, for any governmental purpose
as determined by LESSOR, such as but not limited to, extension of runways or taxiways, utility or
drainage improvements, or the expansion of existing buildings or the erection of other airport
facilities. If LESSOR so terminates all or a portion of AGREEMENT, LESSOR shall pay to
LESSEE 2.5% of the total construction costs of all improvements multiplied by the number of years
remaining in the lease term.
49. Nothing herein contained shall be construed to deny the LESSOR its right to condemn the
leased property through its power of eminent domain. In the event of condemnation of all or any
portion of the leased premises, the leasehold interest of LESSEE shall be deemed to include all rights
under this lease including, but not limited to, the right to occupy the improvements placed on the
leased premises.
MISCELLANEOUS
50. The undersigned officers and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this AGREEMENT on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions or other acts extending such
authority have been duly passed and are now in full force and effect.
51. This Agreement represents the entire and integrated agreement between LESSOR and LESSEE
and supersedes all prior negotiations, representations and/or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both LESSOR and LESSEE.
52. If any clause, paragraph, section or portion of this AGREEMENT shall be found to be illegal,
unlawful, unconstitutional or void for any reason, the balance of the AGREEMENT shall remain in
full force and effect and the parties shall be deemed to have contracted as if said clause, section,
paragraph or portion had not been in the Agreement initially.
53. This AGREEMENT is executed by the parties hereto without coercion or duress and for
substantial consideration, the sufficiency of which is hereby acknowledged.
54. Waiver by either party or any breach of this AGREEMENT, or the failure of either party to
enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or
waive such party's right thereafter to enforce and compel strict compliance of the AGREEMENT.
55. This AGREEMENT shall be drafted equally by all parties hereto. The language of all parts of
this AGREEMENT shall be construed as a whole according to its fair meaning, and any presumption
or principle that the language herein is to be construed against any party shall not apply. Headings in
this AGREEMENT are for the convenience of the parties and are not intended to be used in
construing this document.
56. This AGREEMENT may be executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes.
57. This AGREEMENT shall not be assigned without the written consent of LESSOR, which shall
not be unreasonably withheld, conditioned or delayed. Any amendment to this AGREEMENT shall
be in writing and signed by all parties to the AGREEMENT.
58. The rights and remedies provided by the AGREEMENT are cumulative, and the use of anyone
right or remedy by LESSOR shall not preclude or waive any right to use any or all other remedies.
59. Where the terms of this AGREEMENT require that notice in writing be provided, such notice
shall be deemed delivered three (3) days following the deposit of the notice in the United States
mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed as
follows:
Lessor: City of Paris
P. O. Box 9037
Lessee:
Paris, TX 75461-9037
Texas
Email:
60. This AGREEMENT shall be binding upon, and inure to the benefit of, the parties of this Lease
and their respective heirs, executors, administrators, legal representatives, successors, and assigns
when permitted by this Agreement.
61. This AGREEMENT shall be construed under, and in accordance with the laws of the State of
Texas, and all obligations of the parties created by this Lease are performable in Lamar County,
Texas.
EXECUTED on this day of
THE CITY OF PARIS, TEXAS
Interim City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF TEXAS
COUNTY OF LAMAR
2024, to be effective .. .... ............ -.----520—
LESSEE ,20
LESSEE
LT Wings
This instrument was acknowledged before me on the day of mm , 20_, by
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on the day of _ , 20, by
Notary Public, State of Texas
HANGARS
AIRPORT GROUND LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LAMAR
This Lease Agreement (AGREEMENT) is made by and between the City of Paris, Texas, a home
rule municipal corporation (LESSOR) and LT Wings (LESSEE).
For and in consideration of the construction of a new 120' x 100" airplane hangar (Hangar 9) and
related improvements, as further described herein, and for the payment of monthly ground lease
rental to LESSOR, LESSOR does hereby lease, rent, and let unto LESEE that portion of Cox Field
real property as described in Exhibit A, attached hereto and made a part hereof.
LESSEE hereby leases said real property from LESSOR subject to the terms, covenants, and
conditions state below, and shall have the right and privilege to construct and maintain certain
improvements of said property. LESSEE accepts property "as is."
Except to the extent provided herein and subject to the provisions hereof, LESSEE shall have and
hold the leased premises, together with all rights, privileges, easements, appurtenances, and
immunities belonging to or in any way appertaining to said leased premises, including, but not
limited to, any and all easements, rights, title and privileges of LESSOR now or hereafter existing in,
to, or under said leased premises, and additionally LESSEE shall be permitted to use in common
with others all streets and other rights of ingress and egress and all runways, taxiways and designated
aprons which are or may hereafter be provided at the Airport.
LEASE TERMS:
1. Subject to the provisions contained herein, LESSEE shall pay to LESSOR an annual ground
lease payment of $0.25 per square foot ($3,000.00 per year), to be paid in advance, beginning on the
commencement date of this lease and continuing regularly thereafter during the term of this lease
and any extensions thereof. At its sole option, LESSEE may prepay any of the rental installments.
2. Rental rates may be adjusted by LESSOR at the end of each five-year lease period, computed
according to the Consumer Price Index (CPI) for Dallas -Fort Worth, Texas, or other rates prevailing
in the Paris area for similar facilities.
3. Should LESSEE fail to make payments in a timely manner, a late penalty of 10% shall be
assessed beginning on the tenth calendar day after the due date. Should payments remain past due
for more than thirty (30) days, AGREEMENT is in default and may be terminated, as provided
herein below.
4. In order to encourage development of the Airport by providing sufficient time for investors to
amortize their investments, the term of this AGREEMENT shall be forty (40) years.
IMPROVEMENTS:
5. LESSEE shall have the right at any time and from time to time during the term of this lease, to
erect, maintain, alter, remodel, reconstruct, rebuild and replace buildings and other improvements on
the leased premises, and correct and change the contour of the leased premises as necessary.
6. The full expense of any such construction, reconstruction, demolition, or any change, alteration
or improvements shall be borne and paid by LESSEE.
7. No new structure or other improvement, nor any material addition to, or alteration of, any
building or structure shall be commenced unless and until plans, specifications, and proposed
location(s) have been submitted to and approved by LESSOR. Said plans and specifications shall be
prepared by LESSEE, at its own expense, at least thirty (30) days prior to the planned
commencement of such project.
8. LESSOR shall, in a timely manner, review and approve the plans or note in writing any required
changes or corrections that must be made to the plans. Any required changes or corrections must be
made and the plans resubmitted to LESSOR within thirty (30) days after the corrections or changes
have been noted. Failure of LESSOR to object to such resubmitted plans and specifications within
thirty (30) days shall constitute LESSOR's approval of the changes.
9. Minor changes in work or materials not affecting the general character of the building project,
minor repairs and alterations as may be necessary to continue the structures and improvements
already placed in a useful state of operation, and changes and alterations that may be required by an
authorized public official having authority or jurisdiction over such structures or improvements in
order to comply with legal requirements, shall not require submission to and approval by LESSOR
of plans and specifications.
10. The approval by LESSOR of any plans and specifications refers only to the conformity of such
plans and specifications to the general architectural plan for the leased premises and compliance with
all applicable codes and ordinances, and such approval shall not be withheld unreasonably. Such
plans and specifications are not approved for architectural or engineering design, and by approving
such plans and specifications LESSOR assumes no liability or responsibility therefor or for any
defect in any structure constructed from such plans or specifications.
11. Construction of improvements shall be conducted in full conformance with the City's Building
Codes and other pertinent ordinances, including the payment of all building inspection fees or other
fees associated with construction, and with Federal Aviation Administration and Texas Department
of Transportation standards and requirements.
12. Any and all improvements constructed shall be consistent with the purposes provided for in this
AGREEMENT and contribute to furthering the City of Paris's Airport Master Plan or airport
development objectives.
13. LESSEE shall require all contractors and sub -contractors to maintain general commercial
liability and workers' compensation insurance, or in lieu thereof provide such coverage itself.
14. All improvements shall be substantially complete within eighteen (18) months of execution of
AGREEMENT. Failure to timely complete construction of the hangar shall be considered a breach
of the lease agreement and subject the tenant to all customary remedies for such breach, including
termination. In the event that construction has commenced, but will not be completed in a timely
manner, LESSEE may apply to LESSOR for an extension of time, said application to include an
approved construction timing plan. LESSOR is under no obligation to grant the extension in the
absence of the valid excuse, but such extension will not be unreasonably withheld.
15. LESSEE shall provide as -built plans to LESSOR for all improvements made during the term of
this AGREEMENT.
16. LESSEE shall not erect, paint upon, attach, exhibit or display in, on, or about said leased
premises any sign without the prior written consent of LESSOR.
17. All permanent building and improvements placed upon the leased premises by LESSEE shall
become the ad property of LESSEE, and will be classified for ad valorem tax purposes as property
belonging to LESSEE; provided, however, that LESSOR shall not have the right to alter or destroy
any of such improvements except through authorized condemnation procedures, and LESSEE shall
have the full and peaceful use and enjoyment thereof during the primary term of this lease. All
permanent improvements shall become the property of LESSOR upon the termination of the initial
forty (40) year period of AGREEMENT, without compensation to LESSEE.
MAINTENANCE & USE
18. LESSEE shall, at its own cost and expense at all times during the term of AGREEMENT, to
keep and maintain property and facilities in good condition and repair, reasonable wear and tear
alone excepted, complying with all fire, building, and property maintenance codes and zoning
regulations now in force, or that may be hereafter enacted with regard to the use of the airport
premises, maintaining roofs and walls free from leaks and damage, painting as necessary to prevent
and retard rusting and to enhance appearance as the original finishes deteriorate, and maintaining
property clear of clutter, junk, weeds and high grass.
19. LESSEE shall conduct its operation and maintain the leasehold in such a manner as to be free of
environmental contamination, and shall store neither fuel nor defuel any aircraft inside any hangar.
20. LESSEE shall not cause or permit any use or activity that would create a hazardous condition
for aircraft operating at the airport.
21. LESSEE shall pay or cause to be paid all charges for water, gas, electricity, sewer, cable, and
any and all other utilities used on the leased premises throughout the term of AGREEMENT,
including connection fees.
22. The primary purpose for which the leased premises have been leased is for the development and
construction of an airplane hangar to be used for the storage of airplanes and related aeronautical
equipment and other items of personal property pertaining to that use and owned by the LESSEE. In
addition to the provisions and limitations set forth below, LESSEE shall have the right to use the
leased premises for lawful purposes of private use only which are related to aviation or the aviation
industry, in conformance with the requirements of the City's master plan, and in such a manner so as
not to materially and adversely affect the development and improvement, operation, or maintenance
of the airport.
23. No hangar shall be used as a residence or shall be used for residential purposes. However, such
facilities as a sink, bathroom, or associated features to provide for periodic temporary overnight
stays or social uses within a portion of the hangar shall be permitted.
24. No commercial activity is authorized unless it is first approved by the Lessor.
25. LESSEE shall at no time use or permit the use of leased premises in a manner contrary to
federal, state, or local laws, ordinances, rules, or regulations.
26. LESSOR possesses the right to periodically inspect improvements and in no case less often than
annually, accompanied by LESSEE, to ensure all use requirements, including those relating to use,
are being met.
27. LESSEE shall be responsible for all taxes, if any, including without limit sales, use and excise
taxes, ad valorem taxes or other similar taxes, taxes on personal property, and other charges of every
description which are levied on or assigned against the leased premises, which may be assessed upon
the hangar and other improvements, or any other equipment or property associated with the hangar.
28. LESSEE may, at any time and from time to time, encumber the leasehold interest, by deed of
trust, mortgage or other security instrument, without obtaining the consent of LESSOR, but no such
encumbrance shall constitute a lien on the fee title of LESSOR, and the indebtedness secured thereby
shall at all times be and remain inferior and subordinate to all the conditions, covenants and
obligations of this lease and to all of the rights of the LESSOR hereunder.
INDEMNITY & INSURANCE:
29. LESSEE COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS
FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS)
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF LESSEE, ITS
AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN CONNECTION WITH THE
DESIGN, CONSTRUCTION OR INSTALLATION OF THE IMPROVEMENTS, INCLUDING
BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY
SHALL SURVIVE THE TERM OF THIS AGREEMENT. THERE IS NO JOINT ENTERPRISE
BETWEEN LESSOR AND LESSEE.
30. During the period of construction of any building or other improvement on the leased premises
and at all times thereafter during the lease term, LESSEE shall keep the improvements insured
against loss or damage by fire, with extended coverage endorsement or its equivalent, in such
responsible insurance companies as LESSEE shall select and LESSOR shall approve, and in
amounts not less than 80% of the fair insurable value of the buildings and other improvements.
31. In the event any building or improvement constructed on the leased premises is damaged by fire
or any other casualty, regardless of the extent of such damage or destruction, LESSEE shall within
one year from the date of such damage or destruction commence the work of repair, reconstruction
or replacement of damage or destroyed building or improvement and prosecute the same with
reasonable diligence so that the building, to the extent originally constructed by LESSEE, shall be
restored to substantially the condition it was in prior to the happening of the casualty, provided,
however, that if the commencement, construction or completion of said repair, reconstruction or
replacement work shall be prevented or delayed by reason or war, civil commotion, acts of God,
strikes governmental restrictions or regulations, or interferences, fire or other casualty, or any other
reason enumerated or not, the time for commencing or completing, or both, of the construction of
said building, as the case may be, shall automatically be extended for the period of each such delay.
32. LESSEE shall maintain, during the life of AGREEMENT, general liability coverage with
minimum limits for damages resulting from bodily injury or death of $250,000 per person and
$500,000 per occurrence, and $100,000 per occurrence for property damage, or a combined single
limit of $500,000, or in such other amounts mutually agreed upon to fully and reasonably protect
both LESSEE ad LESSOR. LESSOR shall be named as an additional insured with a waiver of
subrogation in favor of LESSOR. All costs of such insurance shall be borne by LESSEE. Such
insurance policy or policies must be issued by a reputable provider licensed to write such policies in
the State of Texas.
DEFAULT & TERMINATION:
33. Should LESSEE default in the performance of any covenant or condition in AGREEMENT, and
such default is not corrected within thirty (30) days after receipt of written notice from LESSOR to
LESSEE, LESSOR may declare AGREEMENT, and all rights and interest created by it, to be
terminated. Upon LESSOR electing to terminate, AGREEMENT shall cease and come to an end as
if that were the day originally fixed herein for the expiration of the term hereof. LESSOR, its agent
or attorney, may resume possession of the premises and release LESSEE of all liability or relet the
same for the remainder of the term at the best rent LESSOR, its agent or attorney may obtain for the
account of LESSEE, who shall make good any deficiency
34. Any termination of this lease as herein provided shall not relieve LESSEE from the payment of
any sum or sums that shall then be due and payable to LESSOR hereunder, or any claim or damages
then or theretofore accruing against LESSEE hereunder, and any such termination shall not prevent
LESSOR from enforcing the payment of any such sum or sums or claim damages by any remedy
provided for by law or from recovering damages from LESSEE for any default thereunder. No
termination shall relieve LESSEE of the obligation to deliver and perform on all outstanding
obligations and requirements prior to the effective date of the termination.
35. In the event of the failure on the part of LESSEE upon termination of AGREEMENT to
immediately remove from the leased premises all property owned by it, LESSOR may effect such
removal and store such property at LESSEE's expense.
36. LESEE shall pay and discharge all reasonable costs, attorney's fees, and expenses that maybe
incurred by LESSOR in enforcing the covenants and conditions of AGREEMENT.
37. Notwithstanding the foregoing, no failure to perform or delay in performance which is caused
by any war, civil disorder, or other national emergency or which is due to an intervening act of God
shall be deemed an event of default during the pending force maj eure event.
38. Tenants of hangars which are built by LESSEE as consideration for a long-term ground lease
shall be given the right -of -first -refusal for the lease of such hangar upon the termination or
expiration of the initial lease, the rental rate for such hangars to be determined as set out herein.
RESERVED TO LESSOR:
39. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive
right except as to the premises leased herein.
40. LESSOR reserves the right to further develop or improve the landing area of the airport as it
sees fit, regardless of the desires or view of LESSEE, including the temporary closing of the airport,
and the granting of an exclusive right.
41. The parties agree that LESSOR has not waived its sovereign immunity by entering into and
performing its obligations under this AGREEMENT.
42. LESSOR will maintain and keep in repair the landing area of the airport and all publicly owned
facilities of the airport, together with the right to direct and control all activities of LESSEE in this
regard.
43. During a time of war or national emergency, LESSOR shall have the right to lease the landing
area or any part thereof to the United States Government for military use, and, if such lease is
executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the
lease to the Government shall be suspended.
44. LESSOR reserves the right to take any action it considers necessary to protect the aerial
approaches of the airport against obstruction, together with the right to prevent LESSEE from
erecting, or permitting to be erected, any building or other structure on or adjacent to the airport
which, in the opinion of the LESSOR, would limit the usefulness of the airport or constitute a hazard
to aircraft.
45. During the final 180 days of the term of AGREEMENT, LESS SOR shall have the right to erect
and maintain on or about the leased premises customary signs advertising the premises for sale or
lease.
46. This lease shall be subordinate to the provisions of any existing or future agreement between
LESSOR and the United States, relative to the operation or maintenance of the airport, the execution
of which has been or may be required as a condition precedent to the expenditure of Federal funds
for the development of the airport.
47. Holding over by LESSEE of the airport premises after the expiration of this Agreement shall
operate and be construed as a tenancy from day to day at a rental rate computed from the rental rate
then prevailing under this lease.
48. LESSOR may, at its option, and following a ninety (90) day written notice period, terminate
AGREEMENT as to the land, the hangar building, or any parts thereof, which may be necessary in
the event LESSOR desires to use the property, or any portion thereof, for any governmental purpose
as determined by LESSOR, such as but not limited to, extension of runways or taxiways, utility or
drainage improvements, or the expansion of existing buildings or the erection of other airport
facilities. If LESSOR so terminates all or a portion of AGREEMENT, LESSOR shall pay to
LESSEE 2.5% of the total construction costs of all improvements multiplied by the number of years
remaining in the lease term.
49. Nothing herein contained shall be construed to deny the LESSOR its right to condemn the
leased property through its power of eminent domain. In the event of condemnation of all or any
portion of the leased premises, the leasehold interest of LESSEE shall be deemed to include all rights
under this lease including, but not limited to, the right to occupy the improvements placed on the
leased premises.
MISCELLANEOUS
50. The undersigned officers and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this AGREEMENT on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions or other acts extending such
authority have been duly passed and are now in full force and effect.
51. This Agreement represents the entire and integrated agreement between LESSOR and LESSEE
and supersedes all prior negotiations, representations and/or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both LESSOR and LESSEE.
52. If any clause, paragraph, section or portion of this AGREEMENT shall be found to be illegal,
unlawful, unconstitutional or void for any reason, the balance of the AGREEMENT shall remain in
full force and effect and the parties shall be deemed to have contracted as if said clause, section,
paragraph or portion had not been in the Agreement initially.
53. This AGREEMENT is executed by the parties hereto without coercion or duress and for
substantial consideration, the sufficiency of which is hereby acknowledged.
54. Waiver by either party or any breach of this AGREEMENT, or the failure of either party to
enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or
waive such party's right thereafter to enforce and compel strict compliance of the AGREEMENT.
55. This AGREEMENT shall be drafted equally by all parties hereto. The language of all parts of
this AGREEMENT shall be construed as a whole according to its fair meaning, and any presumption
or principle that the language herein is to be construed against any party shall not apply. Headings in
this AGREEMENT are for the convenience of the parties and are not intended to be used in
construing this document.
56. This AGREEMENT maybe executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes.
57. This AGREEMENT shall not be assigned without the written consent of LESSOR, which shall
not be unreasonably withheld, conditioned or delayed. Any amendment to this AGREEMENT shall
be in writing and signed by all parties to the AGREEMENT.
58. The rights and remedies provided by the AGREEMENT are cumulative, and the use of anyone
right or remedy by LESSOR shall not preclude or waive any right to use any or all other remedies.
59. Where the terms of this AGREEMENT require that notice in writing be provided, such notice
shall be deemed delivered three (3) days following the deposit of the notice in the United States
mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed as
follows:
Lessor: City of Paris
Lessee:
P. O. Box 9037
Paris, TX 75461-9037
Texas
Email:
60. This AGREEMENT shall be binding upon, and inure to the benefit of, the parties of this Lease
and their respective heirs, executors, administrators, legal representatives, successors, and assigns
when permitted by this Agreement.
61. This AGREEMENT shall be construed under, and in accordance with the laws of the State of
Texas, and all obligations of the parties created by this Lease are performable in Lamar County,
Texas.
EXECUTED on this day of
THE CITY OF PARIS, TEXAS
Interim City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF TEXAS
COUNTY OF LAMAR
2024, to be effective _ ..... ....mm, 20_.
LESSEE
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This instrument was acknowledged before me on the day of ww , 20_, by
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on the day of ,,,, 20, by
Notary Public, State of Texas
Item No. 30
COUNCIL MEMBER AGENDA ITEM REQUEST
Please complete this form to have an item placed on the agenda for the Council's consideration.
The deadline for requesting an item on an agenda will be the Wednesday before the council
meeting takes place. This time is necessary so that staff can research the matter and prepare/review
an ordinance, resolution, or other document such as a contract. In order for your fellow Council
Members to fully understand your item, have productive discussion, ensure efficient council
meetings, and for staff to be able to assist you as completely as possible, it is important that you
describe the item with as much detail as possible and include any supporting documentation so
that it may be included in the Council's meeting packets. Please return this completed form to the
City Manager's office or the City Clerk's office.
Council member making request:
❑ Shatara Moore ❑ Rebecca Norment
❑ Mickey Ellis ❑ Alix Putnam
❑ Gary Savage ❑ Rudy Kessel
® Mihir Pankaj
Presentation/4iscuss erI2 the services o� f a brant writer for lobbing on behalf
of the City of Paris
Are additional sheets or supporting materials attached? ❑ Yes ® No
I request that this item be placed on the agenda for the:
❑ City Council meeting on this date:, 10-14-24
❑ Sometime in the next 2 meetings
❑ No specific time in mind —just keep it on a list of pending issues
Signature: s/Mihir„Panka'_ _ ,,. Date: 10-08-24
City of Paris Revised 06/2025
Item No. 25
Memorandum
TO: Mayor, Mayor Pro -Tem & City Council
FROM: Robert Vine, Interim City Manager
SUBJECT: AMENDMENT TO ARTICLE 12.04, "SOLID WASTE," OF CHAPTER 12,
"UTILITIES."
DATE: October 14, 2024
BACKGROUND: For many years, Council has been granting permits to individuals who are in
the business of solid waste collection via individual Ordinance. Currently, there are twelve
individuals/businesses who operate roll -off carts inside the City limits. The roll -off carts are used
temporarily during construction of new structures and remodeling of structures.
On March 11, 2024, City Council repealed Article 12.04 "Solid Waste," of Chapter 12, Utilities
of the Code of Ordinances and replaced same with a new Article 12.04, "Solid Waste," and
approved Ordinance No. 2024-011. That Ordinance contracted collection of solid waste for
residential customers that began on February 5, 2024 and commercial solid waste collection by a
third -party which began on September 1, 2024 inside the City limits.
STATUS OF ISSUE: City Staff did not account for the fact that roll off customers and local taxing
entities were not affected by the switchover, so it is necessary to readopt Division 2 with
amendments. Staff proposes that the requirements in Division 2 be readopted for roll -off receptacle
vendors with an amendment that would provide for administrative issuance of permits rather than
the passage of individual ordinances for each vendor.
BUDGET: N/A
RECOMMENDATION: Approve the Ordinance amending Article 12.04, "Solid Waste," of
Chapter 12, "Utilities."
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ARTICLE 12.04, "SOLID WASTE," OF CHAPTER 12,
"UTILITIES," OF THE CITY OF PARIS CODE OF ORDINANCES; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, for many years, the City Council has granted permits to individuals who
are in the business of solid waste collection via individual ordinances;
WHEREAS, currently there are twelve individuals/businesses who operate roll -off
carts inside the city limits for use temporarily during construction of new structures and
remodeling of structures;
WHEREAS, on March 11, 2024, by Ordinance No. 2024-011, City Council repealed and
replaced Article 12.04, "Solid Waste," to take into consideration the city's contracting with a
third party vendor for the collection of solid waste; and
WHEREAS, said Ordinance provided that Article 12.04, Division 2, "Collection of
Commercial and Industrial Waste," would be effective only through August 31, 2024 to
account for the third party waste hauler's assumption of all commercial solid waste
collection beginning on September 1, 2024; and
WHEREAS, in repealing Division 2 in its entirety as of 11:59 p.m. on August 31, 2024,
said Ordinance failed to take into account that the city's contract with the third party vendor
does not extend to roll off receptacles or apply to local taxing entities; and
WHEREAS, said Division 2 must be readopted with certain amendments to allow
vendors providing roll of receptacle services to operate in the city; and
WHEREAS, city staff proposes that the requirements in Division 2 be so readopted
for roll of receptacle vendors with an amendment that would provide for administrative
issuance of permits rather than the passage of individual ordinances for each vendor; and
WHEREAS, the City Council has found that the amendments set forth herein are in
the best interest of the citizens of the city;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved and are incorporated herein by reference for all purposes.
1
Section 2. That Division 2 of Article 12.04, "Solid Waste," of Chapter 12, "Utilities,"
is hereby adopted as set forth in Exhibit A hereto, which is incorporated by reference as if
fully set forth herein.
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance, are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above -enumerated sections shall constitute and be
deemed a separate offense.
Section 7. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this 14th day of October, 2024.
Mihir Pankaj, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
EXHIBIT A
Division 2
Collection of Commercial and Industrial Waste—T-hrough August 31, 202 Industrial Roll
Off Customers Tem or r Roll Off Custom r and Local Taxin Unit
§ 12.04.041 Permit required.
(a) This Divi i n 2 a plies to providers„ of industrial roll off service Droviders,temporary
roll off service rovidersu and commercial solid wa5tg haulers serving local taxin
entitig5, including Lamar Count . Pri unior Colle e and all indeenlent school
districts in the citv.
(ba) No person, firm, corporation, or other entity, excluding the city, shall be granted the
privilege to use the public streets, alleys, or thoroughfares within the corporate limits
of the city for the purpose of engaging in the business of collecting or transporting solid
waste from commercial and industrial units within the city without first having
obtained a solid waste collection permit from the city.
(cb) If any person engages in the business of collecting or transporting solid waste without
a permit as required by this section, such act shall constitute a misdemeanor and subject
such person to a fine as provided in section 1.01.009 of this code. Each and every act
shall constitute a separate offense.
§ 12.04.042 Application for permit; issuance; expiration; transfer.
(a) To obtain a solid waste collection permit, a person must submit an application on a form
provided by the city manager or the city manager's designee. The applicant must be the
person who will own, control, or operate the proposed solid waste collection service.
(b) The permit application shall include the following information:
(1) The applicant's name, address, and verified signature;
(2) The form of business of the applicant, and, if the business is a corporation or association,
evidence of the authority of the person signing the application to represent the business;
(3) A description of all vehicles to be used by the applicant, including the vehicle type,
capacity, vehicle identification number, and license number;
(4) A certificate of insurance or other evidence establishing that the applicant has motor
vehicle liability insurance or other proof of financial responsibility as required by law;
(5) A certificate of insurance or other evidence establishing that the applicant has acquired,
and shall during the terms of any permit issued hereunder, and any extensions thereof,
keep and maintain in full force and effect a policy or policies of insurance, providing at
least $1,000,000.00 per person and $1,000,000.00 for any single occurrence for bodily
4
injury to or death and $1,000,000.00 for any single occurrence for injury to or
destruction of property (or greater coverage if required by state law), indemnifying all
persons for any and all damages, personal injuries or property damages sustained as
the result of the negligence of permittee, his invitees, agents, servants, or employees,
and shall pay all premiums due thereon when due. It is expressly provided that such
insurance policy or policies shall and must be written and issued by a reputable
insurance company or companies, with the city as an additional insured, subject to
approval by the city attorney, and the applicant or his insurance carrier or carriers shall
deliver a copy of any such policies to the city clerk, 150 1st Street S.E., Paris, Texas
75460, or furnish to the city clerk a current letter or certificate from such company or
companies, evidencing the fact that such insurance is in full force and effect at all times
during any permit period and any extension thereof and specifically noting thereon that
the city is an additional insured. All such policies shall be written so that the city will be
notified of cancellation or of any restrictive amendment of the policies at least thirty
(30) days prior to the effective date of such cancellation or amendment. Notice shall be
by certified mail, return receipt requested, "Attention City Clerk."
(6) A statement of the disposition to be made of the solid waste collected, including the
site(s) where the solid waste will be deposited.
(7) A statement and accompanying documentation in support of the public necessity and
convenience for the issuance of the permit.
(c) Each application for a permit shall be accompanied by a nonrefundable application fee
as set forth in the fee schedule in appendix A of this code.
(d) Upon a finding of rr bl'r necessity and convenience feF is suanee of the perand
µnthe
adoptionf n dinanee passed by a two-thirds (2/3) vote of the
rfco council approving the
c1m�A=d-Frmi*
shall �,^ i��,.^a U : on r ceit of an a li i n and findin of -public
necessi and convenient for the issuance o h aermit the Cit Mana ` er or his designee
shall issue the permit following the current application - cess assuring the same insurance
requirementrequirement5 met. Fees are to be collected by the Finance_De, art�i n and staff will be
allowed to revoke a permit for non-compliance.
liance.
(e) Each solid waste collection permit shall expire September 30 of each year, and may be
renewed by making application as provided in this section.
(f) The permit required by this section shall not be transferable.
5
§ 12.04.043 Inspection of books and records.
The books and records of the permit holder shall be open at reasonable times for inspection
by the city manager, or designee, in accordance with the terms of this article.
§ 12.04.044 Marking of vehicles and containers.
The permit holder shall identify all vehicles and solid waste containers with its name in
letters at least four (4) inches tall.
§ 12.04.045 Permissible vehicles.
Vehicles used by permittees under this division shall be of the standard packer and/or
dumpster type designed for garbage and refuse collection and transportation service, or
shall be a vehicle which has a solid bottom and solid sides, and is equipped with a top of
wood, metal, or canvas, so that the same may be easily opened and closed when picking up
garbage or refuse and will contain garbage or refuse within said vehicle. It shall be a violation
of the permit to operate a vehicle in a manner that allows solid waste to leak or otherwise
escape from the vehicle. A packer -type vehicle shall not be moved on the streets of the city
unless the contents thereof are compacted.
§ 12.04.046 Revocation of permit.
The city manager or designee may revoke a solid waste collection permit for failure of the
holder to provide required information, for failure to maintain adequate insurance, for
failure to pay fees, for making false statements on the application or monthly report, or
failure to comply with this article. The revocation may be appealed to the city council if
written notice of a request for hearing is given to the city manager within ten (10) days of
the receipt of the revocation order. The order of the city council approving or disapproving
the order of the city manager shall be final.
§ 12.04.047 Street use fee.
(a) Each holder of a permit issued under section 12.04.042 shall pay the city a street use fee
for the privilege of operating on the city streets, alleys, and thoroughfares as set forth in
the fee schedule in appendix A of this code. The permit holder shall keep records of all
gross receipts for all revenues and income collected from any source derived from the
permit holder's operation of solid waste collection within the city limits.
(b) Street use fees are due and shall be paid monthly no later than the 15th day of the month
following the month of collection. Anyone who fails to pay the fee imposed by this
section within the time required shall pay a penalty as set forth in the fee schedule in
appendix A of this code, which penalty shall be in addition to the usual fee imposed by
this section.
2
Chapter 12, Article 12.04.042(7)(d)
(d) Upon receipt of an application and finding of public necessity and convenience for the
issuance of the permit, the City Manager or his designee shall issue the permit following the
current application process, assuring the same insurance requirements be met. Fees are
to be collected by the Finance Department and staff will be allowed to revoke a permit for
non-compliance.
Item No. 26
UF?AT"#Tfflffl=
TO: Mayor, Mayor Pro -Tem & City Council
Rob Vine, Acting City Manager
FROM: Richard Salter, Chief of Police
SUBJECT: Repeal of Resolution 2023-013 authorizing the Police Department to Pay a Hiring
Incentive of $10,000.00 to Newly Hired Paris Police Officers.
DATE: October 14, 2024
BACKGROUND: Over the past several years the City of Paris has struggled with recruitment and
retention of police officers. In an effort to incentivize recruitment of police officer applicants, the City
passed Resolution No. 2023-013, implementing a $10,000.00 signing bonus for all applicants who
successfully complete their academic and field training programs. The bonus is paid in three installments
with the third disbursement made upon the successful completion of the Field Training Program. Because
recruitment and retention of police officers is an ongoing nationwide struggle, combined with the fact that
most regional law enforcement agencies offer competitive signing bonuses, the $10,000.00 bonus did not
have the desired effect.
STATUS OF ISSUE: In an effort to increase hiring and retention of police officers, the City Council
approved, as a part of the Fiscal Year 2024-2025 budget, an annual salary increase for entry level police
officers from $56,000.00 to $70,000.00. On July 29, 2024, a Police Officer "Notice of Entrance
Examination," was posted in accordance with Section 143.024 of the City of Paris Civil Service
Commission Rules and Regulations. This exam is scheduled for 10-15-2024. The eligibility list of
applicants generated from this exam will be in affect until exhausted. The applicants for this exam applied
for employment under the City of Paris "Employment Opportunities" website announcement that includes
the $10,000.00 hiring bonus. Therefore in order to maintain the integrity of the City's current published
employment vacancy announcement, the City is obligated to honor the hiring bonus until the forthcoming
eligibility list is exhausted. Due to this obligation, the recommended repeal of the $10,000.00 hiring bonus
should take effect contemporaneous with the next Notice of Entrance Examination.
BUDGET: There is a positive budgetary impact to the City of Paris.
RECOMMENDATION: That the City Council repeal the $10,000.00 hiring incentive approved in
Resolution No. 2023-013 at a time contemporaneous with the next Civil Service Notice of Entrance
Examination and/or following the closing of the forthcoming eligibility list of applicants.
RESOLUTION NO. 2024-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
REPEALING RESOLUTION NOS. 2023-013 WHICH AUTHORIZED THE PARIS
POLICE DEPARTMENT TO PAY A HIRING INCENTIVE OF $10,000.00 TO
NEWLY HIRED PARIS POLICE OFFICERS; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, it is in the best interest of the citizens of Paris to have and maintain a fully
staffed Police Department; and
WHEREAS, by Resolution No. 2018-017, City Council, in recognition of chronic
staffing shortages at the Paris Police Department ("the Department") authorized the
Department to pay a hiring incentive of $5,000.00 to newly hired officers who are already
certified as peace officers by the Texas Commission of Law Enforcement ("TCOLE"); and
WHEREAS, in February of 2023, the City Council approved Resolution No. 2023-013
authorizing an increase in the hiring incentive to $10,000.00 and extended to all new hires;
and
WHEREAS, since that time, the Department has continued to experience chronic and
long-term staffing declines; and
WHEREAS, other nationwide recruiting efforts have proven insufficient to achieve
full staffing within the Department; and
WHEREAS, to increase hiring and retention of police officers, the City Council
approved, as a part of the Fiscal Year 2024-2025 budget, a substantial increase from
$56,000.00 to $70,000.00 in starting pay for new officers; and
WHEREAS, given that the salary increase is greater than the current signing bonus,
that it is an ongoing benefit rather than a one-time payment, and that it is accompanied by
an increase in service credits related to the Texas Municipal Retirement System, the City
Council finds that it is in the best interest of the citizens of Paris to repeal the $10,000.00
hiring incentive approved in Resolution No. 2023-013.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. That the findings set out in the preamble to this resolution are hereby in
all things approved and are incorporated herein by reference.
Section 2. That the City Council of the City of Paris hereby repeals Resolution No.
2023-013.
Section 3. This Resolution shall be effective following the expiration of the Civil
Service Eligibility List of applicants established as a result of the applicant entrance exam to
be administered on October 15, 2024.
PASSED AND APPROVED this 14th day of October, 2024.
Mihir Pankaj, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item No. 27
Memorandum
TO: Mayor, Mayor Pro -Tem & City Council
Robert Vine, Interim City Manager
FROM: Randy Tuttle, Assistant Chief of Police
SUBJECT: SCHOOL SPEED ZONES
DATE: October 14, 2024
BACKGROUND: Prior to the end of the 2023-24 school year, Paris, North Lamar, and Chisum
Independent School Districts voted to change their instructional schedule to four days a week. This
requires the instructional day to be extended for each campus. Because of this, the times for each
school speed zone needs to be changed to reflect the new start and dismissal times. Trinity
Christian Academy has no change in their school speed zone.
STATUS OF ISSUE: On July 08, 2024, the City of Paris Traffic Commission considered this
issue and voted 4-0 to recommend the City Council consider changing times on the school zones
in each district along with adding a school speed zone at the new North Lamar Intermediate School
located at 310 North Lamar Parkway. After City Council approved the new school speed zones
and they were implemented, Paris Independent School District realized they had not allowed
enough time in the school zones before school and after school dismissal. The corrected times of
the school speed zones were brought before the Traffic Commission at the October 01, 2024
meeting. Traffic Commission voted to recommend Council approve an ordinance to recommend
amending the Traffic Control Map changing the times of school speed zones in PISD as outlined
in the attached Exhibit A.
BUDGET: Anticipated $100.00 impact on 2023-24 budget
RECOMMENDATION: Approve ordinance amending the Traffic Control Map changing the
times of school speed zones in Paris Independent School District.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS ESTABLISHING SCHOOL ZONE SPEED LIMITS ON CERTAIN
PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC
PLACES IN THE CITY OF PARIS; AMENDING TRAFFIC SCHOOL ZONE
SPEEDS IN CHAPTER 11.02.005; ESTABLISHING DAYS AND TIMES
WHEN SCHOOL ZONE SPEED LIMITS WILL BE IN EFFECT; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER
FINDINGS OF FACT AND PROVISIONS RELATED TO THE SUBJECT;
PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there presently exist in the City of Paris, Texas, certain school zone speed
limits on city streets and highways, which school zone speed limits were duly adopted by
ordinance of the City Council, and which have been amended from time to time, also by
ordinance; and
WHEREAS, prior to the beginning of the 2024-2025 academic year, Paris
Independent School District, North Lamar Independent School District, and Chisum
Independent School District in the City of Paris, have adjusted the school week from five to
four days a week and have accordingly adjusted starting and dismissal times of the school
day at their various campuses; and
WHEREAS, on July 22, 2024, the City Council passed Ordinance No. 2024-024
revising adjusting the times of operation of school zone speed limits at such school zones in
accordance with said schedule changes; and
WHEREAS, the Paris Independent School District has requested additional changes
to the schedule set forth in Ordinance No. 2024-024; and
WHEREAS, the City of Paris Traffic Commission is charged with the responsibility to
study and evaluate reasonable rates of speed on City streets and roadways; and
WHEREAS, the Traffic Commission, at its regular meeting of October 1, 2024,
considered and evaluated a request to adjust the times of operation of school zone speed
limits at such school zones throughout the city due to the change in schedule of days and
hours of start and dismissal times as attached in Exhibit A; and
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 for all purposes.
Section 2. That the following maximum, reasonable prudent rates of speed as
attached in Exhibit A, shall be established in the area of schools on those portions of public
streets hereinafter described therein.
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 4. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 5. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1.01.009 of Chapter One of the City of Paris Code of Ordinances, and each
and every day's continuance of any violation of the above -enumerated sections shall
constitute and be deemed a separate offense.
Section 7. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this 14th day of October, 2024.
Mihir Pankaj, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
EXHIMTA
PARIS INDEPENDENT SCHOOL DISTRICT ZONE BOUNDARIES
TG Givens Elementary School
On Martin Luther King Jr. Drive beginning 36 feet east of 5th NE and continuing east on
Martin Luther King Jr. Drive to 147 feet west of 8 th NE, a speed limit of (20) twenty miles
per hour will be effective on school days during following hours:
7:OOam — 8:OOam
3:30pm — 4.00pm
On 61h NE beginning 192 feet south of Martin Luther King Jr. Drive and continuing north on
61h NE to 70 feet north of Williams Street, a speed limit of (20) twenty miles per hour will be
effective on school days during following hours:
7:OOam — 8:00am
3:30pm — 4:OOpm
Justiss Elementary School
On Graham Street beginning 85 feet east of 18 th NW and continuing west on Graham Street
to 150 feet west of 19th NW, a speed limit of (20) twenty miles per hour will be effective on
school days during following hours:
7:OOam — 8:OOam
3:40pm — 4:15pm
On 18 th NW beginning 573 feet south of Shiloh Street and continuing south on 18th NW to
60 feet north of Graham Street, a speed limit of (20) twenty miles per hour will be effective
on school days during following hours:
11MM:_ 1 1. P
3 :40pm — 4:15pm
On 19 th NW beginning at intersection of Shiloh Street and continuing south on 19th NW to
125 feet south of Graham Street, a speed limit of (20) twenty miles per hour will be
effective on school days during following hours:
7:00am — 8:OOain
3:40pm — 4:15pm
Aiken Elementary School
On Pine Mill Road beginning 188 feet east of Medalist and continuing east on Pine Mill Road
to 207 feet west of 32nd NE, a speed limit of (20) twenty miles per hour will be effective on
school days during following hours:
7:00am — 8:00am
3:40pm — 4:15pm
On Aiken Drive beginning 445 feet east of 30 th NE and continuing east on Aiken Drive 514
feet, a speed limit of (20) twenty miles per hour will be effective on school days during
following hours:
7:00am - 8:OOam
3:40pin - 4:15pm
On E. Houston Street beginning 293 feet west of 32nd NE and continuing west on E. Houston
St. to 102 feet east of 31st NE, a speed limit of (20) twenty miles per hour will be effective on
school days during following hours:
7:00am - 8:00am
3:40pm - 4:15pm
On Lamar Avenue beginning 76 feet east of 31St NE and continuing west on Lamar Avenue
to 283 feet east of 30th NE, a speed limit of (30) thirty miles per hour will be effective on
school days during following hours:
7:00am - 8:00am
3:40pm - 4:15pm
Crockett MiddleSchool
On S. Collegiate Drive beginning 200 feet north of Simpson Street continuing south on S.
Collegiate 75 feet south from its intersection with Clark Lane: and 225 feet south on 28th SE
from its intersection with Clark Lane, a speed limit of (20) twenty miles per hour will be
effective on school days during following hours:
7:O0am— 8:OOatn
4:10pin-4:45pm
On Clark Lane beginning 59 feet east of S. Collegiate Drive and continuing east on Clark
Lane to 404 feet west of Johnson Woods Drive, a speed limit of (20) twenty miles per hour
will be effective on school days during following hours:
7:OOam— 8:OOanz
4:10pm — 4:45pm
On Johnson Woods Drive beginning 105 feet north of Clark Lane and continuing north on
Johnson Woods Drive to 421 feet south of Hubbard Street, a speed limit of (20) twenty miles
per hour will be effective on school days during following hours:
7:OOam — 8:OOam
4: l Opin — 4:45pm
Travis High School of Choice/ PASS
On Graham Street beginning 155 feet from west boundary line of 31 st NW and continuing
west on Graham Street to 35 feet east of 34th NW, a speed limit of (20) twenty miles per hour
will be effective on school days during following hours:
7:OOam — 8:OOam
2:OOpm 2:20pm
2:45pm—3:15pm
Paris Junior High School
On Jefferson Road beginning 425 feet east of 241h SE and continuing west on Jefferson Road
to 521 feet west of 24th SE, a speed limit of (30) thirty miles per hour will be effective on
school days during following hours:
7:OOam - 8:O0am
4:10pm - 4:45pm
Paris High School
That on Loop 286 easterly to northeasterly from the intersection of State Highway 19 /24 with
Loop 286 to where US Highway 271 and Loop 286 merge; a speed limit of (65) sixty five
miles per hour at all times as authorized by Transportation Commission Minute
112291; except that a school speed limit of (55) fifty-five miles per hour from
approximate highway mile point 21.176 to mile point 21.376, (35) thirty-five miles
per hour from mile point 21.376 to mile point 21.551, (55) miles per hour from
approximate highway mile point 21.176 to mile point 21.376 (35) thirty-five miles
per hour from approximate highway mile point 21.551 to mile point 21.751 will be
effective only during the following hours on school days and only at the school
crossing zone:
7:00am — 8:00am
4:1 Opm — 4:45pm
On Jefferson Road beginning 600 feet east of S. Collegiate Drive and continuing east
on Jefferson Road to 7280 feet north and west of Loop 286, a speed limit of (35)
thirty-five miles per hour will be effective on school days during following hours:
7:00am — 8:OOam
4:1 Opm — 4:45pm
On S. Collegiate Drive beginning 825 feet south of Jefferson Road and continuing
south on S. Collegiate Drive to 270 feet north of Loop 286; a speed limit of (30) thirty
miles per hour will be effective on school days during followinghours:
7:OOam - 8:OOam
4:1Opm - 4:45pm
Item No. 28
TO: Mayor, Mayor Pro -Tem & City Council
Rob Vine, Interim City Manager
FROM: Janice Ellis, City Clerk
SUBJECT: APPOINTMENT TO THE LIBRARY ADVISORY BOARD
DATE: October 14, 2024
BACKGROUND: Policies and Procedures for Boards & Commissions adopted by City Council
require that appointments be made at the second regular City Council meeting in June. In 2023,
Kelvin Hicks was appointed to the Library Advisory Board.
STATUS OF ISSUE: On September 18, Mr. Hicks resigned from the Library Advisory Board,
leaving one vacant position. Staff reviewed applications from the most recent appointments and
determined that Ms. Abigail Frank had applied to serve on the Library Advisory Board. Staff
contacted Ms. Frank, who is very much still interested in serving on the Library Advisory Board.
BUDGET: N/A
RECOMMENDATION: Appoint Abigail Frank to serve the unexpired term of Kelvin Hicks
(expires 6-30-2026).
Item No. 29
Memorandum
TO: Mayor, Mayor Pro -Tem & City Council
Robert Vine, Interim City Manager
FROM: Janice Ellis, City Clerk
SUBJECT: CITY COUNCIL LIAISON APPOINTMENT
TO MAIN STREET ADVISORY BOARD
DATE: July 8, 2024
BACKGROUND: Policies and Procedures allow for Council Members to serve as liaisons to
Boards and Commissions, should Council feel it necessary.
At the July 8, 2024, City Council Members volunteered to serve as liaisons to City Boards and
Commissions.
STATUS OF ISSUE: Council Member Ellis volunteered to serve as Council Liaison to the Main
Street Advisory Board. Although Council Member Ellis would like to continue to serve in this
capacity, his schedule conflicts with the meeting date and time making it necessary to appoint a
different City Council Member liaison to the Main Street Advisory Board.
BUDGET: N/A
RECOMMENDATION: Appoint one City Council Member liaison to the Main Street Advisory
Board.
Item No. 30
COUNCIL MEMBER AGENDA ITEM REQUEST
Please complete this form to have an item placed on the agenda for the Council's consideration.
The deadline for requesting an item on an agenda will be the Wednesday before the council
meeting takes place. This time is necessary so that staff can research the matter and prepare/review
an ordinance, resolution, or other document such as a contract. In order for your fellow Council
Members to fully understand your item, have productive discussion, ensure efficient council
meetings, and for staff to be able to assist you as completely as possible, it is important that you
describe the item with as much detail as possible and include any supporting documentation so
that it may be included in the Council's meeting packets. Please return this completed form to the
City Manager's office or the City Clerk's office.
Council member making request:
❑ Shatara Moore ❑ Rebecca Norment
❑ Mickey Ellis ❑ Alix Putnam
❑ Gary Savage ❑ Rudy Kessel
® Mihir Pankaj
Presentation/4iscuss erI2 the services o� f a brant writer for lobbing on behalf
of the City of Paris
Are additional sheets or supporting materials attached? ❑ Yes ® No
I request that this item be placed on the agenda for the:
❑ City Council meeting on this date:, 10-14-24
❑ Sometime in the next 2 meetings
❑ No specific time in mind —just keep it on a list of pending issues
Signature: s/Mihir„Panka'_ _ ,,. Date: 10-08-24
City of Paris Revised 06/2025