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Agenda PacketCITY COUNCIL AGENDA Notice is hereby given that the City Council of the City of Paris shall meet in regular session at 5:00 p.m. on Tuesday, November 12, 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 https://paristexas.gov/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. A. Presentation of CPR Save Awards to City of Paris first responders from Paris EMS, Fire and Police Departments. B. Citizens' forum. (Persons desiring to address the Council must limit their presentation to no more than two minutes. Unless an item is posted on the Agenda, the Texas Open Meetings Act prohibits the Council from responding to any comments other than to refer the matter to a future agenda, to an existing policy, or to a staff person with specific factual information. Claims against the City, Council Members, or employees, as well as individual personal appeals are not appropriate for citizens' forum.) If necessary, the City Council may convene into Executive Session under Chapter 551 of the Texas Government Code regarding any item on this agenda. Consent Agenda Items on the Consent Agenda are approved by a single action of the Council, with such approval applicable to all items appearing on the Consent Agenda. A Council Member may request any item to be removed from the Consent Agenda and considered as a separate item. 5. Approve minutes from the meeting of October 28, 2024. 6. Receive reports and/or minutes from the following boards and commissions: a. Housing Authority of the City of Paris Board (6-18-2024, 7-30-2024 & 9-3-2024) b. Paris Visitors & Convention Council (9-16-2024) c. Board of Adjustment (10-1-2024) 7. Confirm re -appointment of Del Drake to serve on the Civil Service Commission. 8. Receive demolition and code enforcement monthly report. 9. Approve the Final Plat of the Buster Business Park Addition, Lot 1, Block A, LCAD 59490, 53676 and 53594, located in the 1500 Block of N.W. Loop 286. Regular Agenda 10. Convene into Executive Session pursuant to Section 551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, to -wit: related to new city manager search. 11. Reconvene into open session and possibly take action on those matters discussed in executive session. 12. Discuss, conduct a public hearing and act on the petition of RT Fitness LLC for a zoning change from an Office District (0) to a General Retail District (GR) in the Felts, Fort & Varner Addition, Block 3, Lot 3, LCAD 11342 located at 950 E. Austin. 13. Discuss and act on a Resolution approving and authorizing an Economic Development Agreement and Tax Abatement Agreement with Tower Guard Construction & Development, LLC pursuant to the 5 In 5 Housing Infill Development Program.. 14. Discuss and act on the method of calculating a Council Member's required attendance of 75% of City Council meetings as required by the City Charter. 15. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. 16. 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 5:00 p.m. on November 8, 2024. Janice Ellis, City Clerk S .aecial Accommodations This facility is wheelchair accessible and accessible parking spaces are available. Requests for special accommodations or interpretive services must be made forty-eight (48) hours prior to this meeting. Please contact Janice Ellis at (903) 784-9248 or jellis@paristexas.gov for assistance. Item No. 4 A Memorandum TO: City Council Rob Vine, Interim City Manager FROM: Thomas McMonigle, Fire Chief SUBJECT: Recognition of Emergency Service Personnel for CPR Save DATE: November 5, 2024 BACKGROUND: On August 6, 2024, Paris EMS Medic 3 and Paris Fire Department Engine 1 responded to an unresponsive person. On arrival, crews found a female patient to be unresponsive, pulseless and apneic. Crews began resuscitative efforts to include CPR, oxygen administration, cardiac monitoring, intraosseous access, medication administration and advanced airway placement. After approximately 12 minutes of resuscitation, the patient was noted to have a return of spontaneous circulation (ROSC). Post resuscitation care was initiated, and the patient was transported to the emergency department. STATUS OF ISSUE: The patient, who was in cardiac arrest, was successfully resuscitated and survived to be discharged from the hospital with no neurological deficits. BUDGET: No impact to budget. RECOMMENDATION: Recognize the following for their exemplary service to the citizens of Paris and Lamar County: • Paris EMS Paramedic Alan Garcia • Paris EMS PRN EMT Trevor Gilliam • Paris FD Driver/Engineer EMT Toby Keenum • Paris FD Firefighter EMT Caleb Michael • Paris FD Firefighter EMT Spur Norwood • Paris FD Firefighter EMT Colton Hale Item No. 4A.1 Memorandum TO: City Council Rob Vine, Interim City Manager FROM: Thomas McMonagle, Fire Chief SUBJECT: Recognition of Emergency Service Personnel for CPR Save DATE: November 5, 2024 BACKGROUND: On September 10, 2024, Paris EMS Medic 7, Paris Fire Department Quint 4 and Paris Police Department responded to a male patient not breathing. On arrival, crews found the patient to be unresponsive, pulseless and apneic. Crews began resuscitative efforts to include CPR, AED, oxygen administration, cardiac monitoring, manual defibrillation, intraosseous access, medication administration and advanced airway placement. After approximately 15 minutes of resuscitation, the patient was noted to have a return of spontaneous circulation (ROSC). Post resuscitation care was initiated, and the patient was transported to the emergency department. STATUS OF ISSUE: The patient, who was in cardiac arrest, was successfully resuscitated and survived to be discharged from the hospital with no neurological deficits. BUDGET: No impact to budget. RECOMMENDATION: Recognize the following for their exemplary service to the citizens of Paris and Lamar County: • Paris EMS Paramedic Captain Elijah Hubbard • Paris EMS Paramedic Georgianna Middleton • Paris FD Captain EMT James Dority • Paris FD Driver/Engineer EMT Dustin Huff • Paris FD Firefighter EMT Brian Ford • Paris FD Firefighter EMT Kobe Dixon • Paris PD Lt. Brian Ramirez Item No. 4A.2 I TO: City Council Rob Vine, Interim City Manager FROM: Thomas McMonigle, Fire Chief SUBJECT: Recognition of Emergency Service Personnel for CPR Save DATE: November 5, 2024 BACKGROUND: On October 17, 2024, Paris EMS Medic 2 and Paris Fire Department Quint 4 responded to a report of a male patient with CPR in progress. On arrival, crews found the patient to be unresponsive, pulseless and apneic. Crews began resuscitative efforts to include CPR, oxygen administration, cardiac monitoring, defibrillation, IV access, and medication administration. After approximately 10 minutes of resuscitation, the patient was noted to have a return of spontaneous circulation (ROSC). Post resuscitation care was initiated, and the patient was transported to the emergency department. STATUS OF ISSUE: The patient, who was in cardiac arrest, was successfully resuscitated and survived to be discharged from the hospital with no neurological deficits. BUDGET: No impact to budget. RECOMMENDATION: Recognize the following for their exemplary service to the citizens of Paris and Lamar County: • Paris EMS Paramedic Captain Justin Allen • Paris EMS Paramedic Brandi Skidmore • Paris EMS PRN Paramedic Tanner Smith • Paris FD Driver/Engineer EMT Josh May • Paris FD Driver Engineer EMT Toby Keenum • Paris FD Firefighter EMT Greg Janes • Paris FD Firefighter EMT Colton Hale Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS October 28, 2024 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, October 28, 2024, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Mihir Pankaj Mayor Pro -Tem: Gary Savage Council Members: Shatara Moore, Mickey Ellis, Rebecca Norment, Alix Putnam and Rudy Kessel City Staff: Rob Vine, Interim City Manager; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Rich Salter, Police Chief; M.A. Smith, Public Works Director; Osei Amo-Mensah, City Planner; Todd Mittge, City Engineer; Danny Rowell, Interim Utilities Director; and Clyde Crews, Fire Marshal Opening Agenda 1. Call meeting to order. Mayor Pankaj called the meeting to order at 5:30 p.m. 2. Invocation. Finance Director Gene Anderson gave the invocation. 3. United States Pledge of Allegiance & Texas Pledge of Allegiance. City Council led the United States Pledge of Allegiance and the Texas Pledge of Allegiance. 4. Citizens' Forum. Zion Torres 1905 Culbertson - he said he had 341 names on the survey for a new skate park and asked that lights be installed at the current skate park because only one worked. He also said he could not find out who was buried in the Lamar County Cemetery because no one had records. Consent A enda 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 Mayor Pro -Tem Savage and seconded by Council Member Putnam. Motion carried, 7 ayes — 0 nays. Regular Council Meeting Qctober 28, 2024 Page 2 5. Approve minutes from the meetings of October 14, 2024 (special & regular meetings). 6. Receive reports and/or minutes from the following boards and commissions: a. Love Civic Center Quarterly Reports b. VC&C Quarterly Reports c. Paris Economic Development Corporation (8-20-2024) d. Planning & Zoning Commission (9-12-2024) 7. Receive update on the 5 in 5 Infill Housing Program. 8. Approve the Final Plat of the Church Street Station Addition CB 159, Lot 1, Block B, LCAD 16584 & 16586, located at 833 Church and 818 S.E. 3ra 9. Approve the Final Plat of the Valley Feed Mill Addition CB 251, Lot 1, Block A, LCAD 53614, located on W. Center. 10. Approve the Final Plat of the Blake Moore Addition CB 2208, Block A, LCAD 17418, located at 2135 E. Price. 11. Approve the Final Plat of the Paris Pregnancy Maternity Home Addition, Lot 1, Block 1, LCAD 16967, located in the 500 Block of E. Houston. Regular Agenda 12. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2024-037: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE PROPERTY LOCATED IN THE CITY OF PARIS, BLOCK 319, LOT 2, A7 W ASKINS SURVEY AND A1003 H WILLIAMS SURVEY, LCAD #50167, LOCATED ON FM 195 AND COMPRISING .798 ACRES, AND OAK CREEK #1, BLOCK B, LOT PT OF 1, A7 W ASKINS SURVEY AND A1003 H WILLIAMS SURVEY, LCAD #104799, ALSO LOCATED ON FM 195 AND COMPRISING 1.122 ACRES FROM AN AGRICULTURAL (A) DISTRICT TO A GENERAL RETAIL (GR) DISTRICT; DIRECTING CHANGES ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Planning Director Osei Amo-Mensah said the applicants were proposing the use of the said residential dwelling as a medical office which was permitted under General Retail. He said the Planning and Zoning Commission recommended approval, as did City Staff. Regular Council Meeting October 28, 2024 Page 3 Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. A Motion to approve this item was made by Council Member Kessel and seconded by Council Member Ellis. Motion carried, 7 ayes — 0 nays. 13. Discuss, conduct a public hearing and act on ORDINANCE NO. 2024-038: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO APPROVE A SPECIFIC USE PERMIT (SUP) FOR A SINGLE-FAMILY HOME IN A NEIGHBORHOOD SERVICE DISTRICT (NS) FOR LOT 1, BLOCK A OF THE CULTIV8 ADDITION NO. 2 CITY BLOCK 32-13, LCAD #13832 LOCATED AT 116 N.E. 10TH STREET; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Amo-Mensah said the applicant was proposing to build a single-family home in a Neighborhood Service District, and to do so a Special Use Permit was required. Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. A Motion to approve this item was made by Mayor Pro -Tem Savage and seconded by Council Member Norment. Motion carried, 7 ayes — 0 nays. 14. Discuss, conduct a public hearing and act on ORDINANCE NO. 2024-039: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE PRIMROSE VILLAGE ADDITION BLOCK B, LOT 1, LCAD #106197, FROM A PLANNED DEVELOPMENT DISTRICT (PD) TO A COMMERCIAL DISTRICT (C); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Amo-Mensah said the applicant wanted to get the property re -zoned from Planned Development to Commercial and the future land use was guided for Retail, so this zoning action would be in accordance with the City's comprehensive plan. He said the applicant planned to combine this parcel by plat with the two adjacent parcels as part of the existing self -storage business. Regular Council Meeting October 28, 2024 Page 4 Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. Applicant Chris Kline spoke in support of this item. With no one else speaking, Mayor Pankaj closed the,public hearing. A Motion to approve this item was made by Council Member Ellis and seconded by Council Member Kessel. Motion carried, 7 ayes — 0 nays. 15. Discuss, conduct a public hearing and act on ORDINANCE NO. 2024-040: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ADOPTING REVISIONS TO THE COMPREHENSIVE PLAN AMENDMENT AND FUTURE LAND USE MAP FOR THE CITY OF PARIS FROM MANUFACTURED HOUSING AND LIGHT INDUSTRIAL DISTRICT TO HEAVY INDUSTRIAL IN THE CITY OF PARIS BLOCK 297, LOTS IA, 1-2-3-4, AND 15, LCAD #59490, 53676, 53594, LOCATED AT 1540-1590 N.W. LOOP 286 AND UNADDRESSED VACANT LOT. Mr. Amo-Mensah said the Planning and Zoning Commission recommended this zoning change, as did City Staff. Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. A Motion to approve this item was made by Council Member Kessel and seconded by Council Member Putnam. Motion carried, 7 ayes — 0 nays. 16. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2024-041: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE CITY OF PARIS, BLOCK 297, LOTS IA, 1-2-3-4, AND 15, LCAD #s 59490, 53676, 53954, LOCATED AT 1540-1590 NW LOOP 286 AND AN UNADDRESSED VACANT LOT, FROM AN AGRICULTURAL DISTRICT (AG) AND LIGHT INDUSTRIAL DISTRICT (LI) TO A HEAVY INDUSTRIAL DISTRICT (HI); PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Amo-Mensah said the applicant proposed use of the lots to construct offices, tracking maintenance, tracking storage and warehouse. He also said a projected future development addition may be a concrete batching plant. Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. Regular Council Meeting October 28, 2024 Page 5 Following additional discussion, a Motion to approve this item was made by Mayor Pro - Tem Savage and seconded by Council Member Norment. Motion carried, 7 ayes — 0 nays. 17.A. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2024-042: AN ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SEC. 8, "USE OF LAND AND BUILDINGS," TO PROVIDE DEFINITIONS FOR "RECYCLING PROCESS FACILITY," RECYCLING TRANSFER STATION,' AND "SHOOTING RANGE -INDOOR" AND TO DESIGNATE ZONING DISTRICTS IN WHICH SAME MAY BE LOCATED; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Mr. Amo-Mensah said in 2015, the City Council passed a resolution regarding a new and unlisted use described as a recycling transfer station. He also said Council was in favor of the new use category being allowed in Light Industrial and Heaving Industrial by Specific Use Permit but an omission occurred in the process, and an ordinance amendment was not prepared and brought forward. Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. A Motion to approve this item was made by Council Member Moore and seconded by Council Member Putnam. Motion carried, 7 ayes — 0 nays. 17.13. Discuss, conduct a public hearing, and act on an Ordinance regarding the petition of the City of Paris as to the classification for a new and unlisted use described as a Recycling Processing Facility. (This is included in the Ordinance with 17A above) Mr. Amo-Mensah explained the City met with a business owner who was proposing a Recycling Processing Facility but this was an unlisted use. He said the nature of the use for a recycling processing facility was more intense than that of a recycling transfer station, and a separate use and definition were warranted. Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. Mayor Pankaj inquired as to how soon this would be built. Mr. Amo-Mensah said the business was eager to start. Council Member Norment wanted to know if the company was CARDS and Mr. Amo-Mensah said he did not know. Council Member Putnam wanted to know about the site, and Mr. Amo-Mensah said it was near the fairgrounds. Mayor Pro -Tem Savage asked what would keep him from answering the question about CARDS, and Mr. Amo-Mensah said because he did not have any information. Council Member Putnam expressed concern about the site being close to Givens School. Mr. Amo-Mensah said a site had not been decided. Regular Council Meeting October 28, 2024 Page 6 A Motion to approve this item was made by Council Member Kessel and seconded by Council Member Putnam. Motion carried, 7 ayes — 0 nays. 17.C. Discuss, conduct a public hearing, and act on an Ordinance regarding the petition of the City of Paris as to the classification for a new or unlisted use described as an Indoor Shooting Range. (This is included in the Ordinance with 17A above) Mr. Amo-Mensah said that an indoor shooting range use currently was not defined in the City of Paris Codes. He said input was received from the Paris Police Department, that Planning and Zoning recommended approval, as did Staff. Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. A Motion to approve this item was made by Mayor Pro -Tem Savage and seconded by Council Member Ellis. Motion carried, 7 ayes — 0 nays. 18. Receive update on the Mill and Overlay Street Project. City Engineer Todd Mittge presented an update on the Mill and Overlay Street Project. He said on December 11, 2023, the City Council approved a list of streets to be included in this project. He identified the streets and said those streets would entail 5,478 miles and a project total cost of $2,487,265.00. Mayor Pro -Tem Savage verified that 6th and Stn Streets were not included in this project because the City was in litigation about these two streets. City Council emphasized that they did not want Collegiate shut down for repairs because it was one of the busiest streets and businesses could not be closed. Council Member Putnam said she would like future budgets to include repair and replacement of streets. Mayor Pro -Tem Savage asked if the lists of streets in the project could be placed on the City website and sent to media, to let the public know when the work would begin, the duration and when completed. Mr. Vine said staff would take care of it. Mr. Mittge said they would first get bids for the project and hoped that all twelve streets could get done. 19. Discuss Charter Article III Section 15, in regard to City Council Members attending at least seventy-five (75%) of meetings in any year of his or her term of office unless otherwise excused by the remaining members of the Council. Interim City Manager Rob Vine said in November of 2022, voters passed an amendment to City Charter Section 15, which included a requirement that members of the City Council must attend 75% of the Council's meetings. Mr. Vine also said that City Attorney Stephanie Harris recommended creation of a policy and gave them four options. Regular Council Meeting October 28, 2024 Page 7 Mayor Pankaj said he was going to give the floor to Mayor Pro -Tem Savage because he had requested this item. Mayor Pro -Tem Savage said he did not think they needed an official policy but keep this simple as to what constitutes an excused absence. Mayor Pankaj agreed. Following a brief discussion, it was a consensus that absences would pertain only to regular City Council meetings, and excused absences would include illness, family illness, work, and vacation. It was also a consensus the Council Member who was going to be absent would contact the City Clerk who would inform the Council, track absences and let the Council Member know when he or she had three unexcused absences. City Clerk Janice Ellis said staff would put an item on the next agenda and City Council could approve by a minute order, if they desired to do so. It was a consensus to do so. 20. Discuss and act on ORDINANCE NO. 2024-043: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER UNENCUMBERED FUNDS FROM VARIOUS DEPARTMENTS OR RESERVES TO OTHER DEPARTMENTS WHICH ARE EXPECTED TO OVER -EXPEND THEIR ORIGINAL BUDGET APPROPRIATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Finance Director Gene Anderson explained this was the annual year-end housekeeping ordinance where funds were transferred from various departments with unexpended funds to other departments that were over -expended. He said the total general fund budget did not increase. Following additional discussion, a Motion to approve this item was made by Council Member Kessel and seconded by Mayor Pro -Tem Savage. Motion carried, 7 ayes — 0 nays. 21. Convene into Executive Session pursuant to Section 551.071 of the Texas Government Code, consultation with attorney, to receive legal advice from the City Attorney about (1) pending or contemplated litigation and/or (2) on matters in which the duty of an attorney to her client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with this chapter, to -wit: CARDS liquidated damages. Mayor Pankaj said since the City Attorney was out sick, they needed to table both items 21 and 22 to the next meeting. A Motion to table items 21 and 22 was made by Council Member Norment and seconded by Council Member Moore. Motion carried, 7 ayes — 0 nays. 22. Reconvene into open session and possibly take action on those matters discussed in executive session. 23. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2024-081. Regular Council Meeting October 28, 2024 Page 8 Ms. Ellis reminded everyone that the next regular meeting was Tuesday, November 121", because November 11th was a holiday. 24. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Pro -Tem Savage and seconded by Council Member Norment. Motion carried, 7 ayes - 0 nays. Mayor Pankaj adjourned the meeting at 6:39 p.m. MIHIR PANKAJ, MAYOR JANICE ELLIS, CITY CLERK Item No. 6 MINUTES OF THE HOUSING AUTHORITY OF THE CITY OF PARIS, TEXAS BOARD OF COMMISSIONERS MEETING June 18, 2024 The Housing Authority of the City of Paris, Texas Board of Commissioners met for a REGULAR BOARD MEETING at 9:00 A.M. on Tuesday, June 18, 2024, at the Housing Authority of the City of Paris, Texas, 650 7f" SW — Office, Conference Room, Paris, Texas 75460. Present: Board Members: Jenny Wilson, Vice Chairman Steve Smith Beverly Johnson Derrick Hill City Representatives: None Housing Authority Employees: Other: Absent: Board Members: TK Haynes Stacia Waters Pam Adams Patricia Pridemore Alan Naul, Celebration Paris 1. Call Meeting to Order: Jenny Wilson, Vice Chairman of the Board of Commissioners, called the meeting to order at 9:00 a.m. 2. Establish Quorum: Quorum of members verified by Jenny Wilson, Vice Chairman. 3. Citizens' Forum: No one present or requested to speak. 4. Approve Minutes from the meeting of May 31, 2024. A Motion to approve this item was made by Board Member Steve Smith and seconded by Board Member Beverly Johnson. Motion carried, 4 ayes — 0 nays. 5. Celebration Paris Update: Alan Naul gave the BOC an update on the progress of Celebration Paris. Alan agreed to come back whenlif any new BOCs are appointed. 6. TML Rates: ED advised BOC of increases to Property Insurance in the amount of 24.2%. 7. Fee Accountant Quotes: ED presented quotes from Urlaub and Lindsey. After discussion the Board decided it was time to change Fee Accounts and decided to hire Lindsey who is also our Software provider which allows Lindsey to gather information easily with less PHA involvement. 8. Authorizing Signature of ED on Accounts: A Motion was made to approve changes to checking account signers at Liberty National Bank #0111369 & 0111377: Add Executive Director Stacia Waters: by Board Member Beverly Johnson and seconded by Board Member Derrick Hill. Motion carried, 4 ayes — 0 nays. 9. Personnel Policy: After discussion a Motion was made to amend the Personnel Policy by removing the provision under 6.13 Retirement Plan: Remove whereas the PHA would continue to pay Retiring Employees Health Insurance until they are 65 or received other insurance: by Board Member Derrick Hili and seconded by Board Member Steve Smith. Motion carried, 4 ayes — 0 nays. 10. Computer Quote: ED advised BOC that the computers and software that is being used at the PHA is the 2007 version and equipment needed for Zoom/Teams meeting is not available. After discussion a Motion was made to accept PBS's quote for new computers: by Board Member Beverly Johnson and seconded by Board Member Steve Smith. Motion carried, 4 ayes — 0 nays 11. Budget FYE 6-30-2025: ED advised that the budget was going to need to be amended due to the deficit it was currently showing. ED advised that she was evaluation services and expenses that could possibly be reduced or removed completely. BOC acknowledged the steps the ED would take. 12. THA Conference: ED presented the registration information for the THA Conference and the BOC agreed that this year there were not enough travel funds to allow staff to attend. Vice Chair Jenny Wilson asked ED if she could provide some training in the Fall and ED agreed to do so. 13. Executive Directors Report: ED presented Directors Report to the Board of Commissioners A. Occupancy Report: Waiting List and Vacancy information on Public Housing and Section 8 Vouchers. 15 vacancies in Public Housing and 297 vouchers utilized. B. Evictions Report: 2 Evictions Pending, 2 Eviction Request in Review C. Financial Report: Financial Information for May was mailed on 6-11-24 and was not available for review at the time of the Board Meeting. D. Capital Funds Report: 2024 CFP for $588,982.00 is not available for use yet. E. ED gave an update on the changed and updates she is working on. ED explained she still does not have access to HUD's VMS, EIV, or EPIC systems; therefore, she can not address the reports that HUD is asking for or the corrections that need to be made.. RESOLUTIONS: 2024-6-18-1 Authorizing Signature on Accounts 2024-6-18-2 Personnel Policy Amended 2024-6-18-3 Computer Purchase There being no further business, A Motion to adjourn was made by Board Member Beverly Johnson and seconded by Board Member Steve Smith. Motion carried, 4 ayes — 0 nays. Jenny Wilson, Vice Chairman adjourned the meeting at 10:20 a.m. NOTE: Certification of Secretary Attached w Js l �� Secretary Certification of Secretary !s/ iairman CERTIFICATE I, Stacia J. Waters, the duly appointed, qualified and acting Secretary of the Housing Authority of the City of Paris, Lamar County, Texas do hereby certify that the attached Extract from the Minutes of the Re afar meeting of the Commissioners of the said PHA, held on June 18, 2024, is a true and correct copy of the original Minutes of said meeting on file and of record insofar as said original minutes relate to the matters set forth in said attached Extract, and I do further certify that each Resolution appearing in said attached Extract is a true and correct copy of the same Resolution adopted at said meeting and on file and of record. IN TESTIMONY WHEREOF, I have hereto set my hand and the Seal of said PHA this 18th day of June, 2024. Y O'c Ty'� c `'SEAL " 1949 o� �CO• � 1 Secr ry MINUTES OF THE HOUSING AUTHORITY OF THE CITY OF PARIS, TEXAS BOARD OF COMMISSIONERS MEETING July 30, 2024 The Housing Authority of the City of Paris, Texas Board of Commissioners met for a REGULAR BOARD MEETING at 10:00 A.M. on Tuesday, July 30, 2024, at the Housing Authority of the City of Paris, Texas, 650 7th SW — Office, Conference Room, Paris, Texas 75460. Present: Board Members: Jenny Wilson, Vice Chairman Steve Smith Joseph Nelms Stacy Ladell Bill Harmon, Resident Commissioner City Representatives: Mihir Pankaj, Mayor Gary Savage, Mayor Pro -Tem Housing Authority Employees: Stacia Waters, Executive Director/Secretary Pam Adams, Financial Director Patricia Pridemore, Program Manager Other: None Absent: Board Members: None 1. Cali Meeting to Order: Jenny Wilson, Vice Chairman of the Board of Commissioners, called the meeting to order at 10:02 a.m. 2. Establish Quorum: Vice Chairman Wilson dispensed with the roil call and stated the sign -in sheet (Attachment #1) would be maintained as the official record of attendance for the meeting. The sign - in sheet reflects that the above Board Commissioners and community members were in attendance and that a quorum was present to conduct business. A Motion to approve the Sign -In Sheet was made by Commissioner Smith and seconded by Board Commissioner Nelms. Motion carried; 5 ayes — 0 nays. 3. Recognition of New Board Members: Stacy Ladell, Joseph Nelms, Bili Harmon 4. Hold Annual Meeting — Elect Officers: Commissioner Smith nominated Jenny Wilson as Chairman; Vote: 5 ayes — 0 nays. Chairman Wilson nominated Commissioner Smith for Vice -Chairman; Vote: 5 ayes — 0 nays. 5. Citizens' Forum: No one present or requested to speak. 6. Approve Minutes from the meeting of June 18, 2024. A Motion to approve this item was made by Vice Chairman Smith and seconded by Commissioner Ladell. Motion carried, 5 ayes — 0 nays. 7. A Motion to approve adding Lindsey/MRI Software Modules to our current portfolio was made by Vice Chairman Smith and seconded by Commissioner Harmon. Motion carried, ayes — 0 nays. Authorizing Signature of ED on Cell Phone Account: ED requested authorization to b's added to Cell Phone Account so that tablets could be purchase for Mobile Work Order Module. A Motion was made to approve authorization by Vice Chairman Smith and seconded by Commissioner Ladell. Motion carried, 5 ayes — 0 nays. 9. Quick Books Payroll for Direct Deposits: A Motion was made to approve purchasing Quico Books Payroll to facilitate Employee Direct Deposits by Vice Chairman Smith and secondej by Commissioner Harmon. Motion carried, 5 ayes — 0 nays. I 10. Authorizing Signature on People's Band CD: A Motion was made to approve signers to CD at People's Band: Add Chairman Jenny Wilson, Vice Chairman Steve Smith and Executive Director Stacia Waters: by Commissioner Nelms and seconded by Commissioner Ladell, Motion carried, 5 ayes — 0 nays, A. Occupancy Report: Waiting List and Vacancy information on Public Housing and Section 8 Vouchers. 15 vacancies in Public Housing and 297 vouchers utilized. I R111 i 5111111111 N! , 11111 � pill �111111q F fill III I 70MIMME, 1115! 111FIRT I PRE I ��11111 I � 111 1 1 E. ED gave an update on the changes and updates she is working on with policies, procedures etc. Discussed BTW Evictions and meeting with Police. ED explained she still does not have access to HUD's EPIC systems; therefore, she cannot address the IN, WINAMILOGN 2024-7-30-1 Lindsey -MRI Software 2024-7-30-2 Cell Phone Account Authorization 2024-7-30-3 Quick Books Pro Payroll 2024-7-30-4 People's Bank CD Authorization There being no further business, A Motion to adjourn was made by Vice Chairman Smith and seconded by Commissioner Ladell. NOTE: Certification of Secretary Attached Certification of Secretary Isl A.— secretary CERTIFICATE I, Stacia J. Waters, the duly appointed, qualified and acting Secretary of the Housing Authority of the City of Paris, Lamar County, Texas do hereby certify that the attached Extract from the Minutes of the Regular meeting of the Commissioners of the said PHA, held on July 30,, 2024, is a true and correct copy of the original Minutes of said meeting on file and of record insofar as said original minutes relate to the matters set forth in said attached Extract, and I do further certify that each Resolution appearing in said attached Extract is a true and correct copy of the same Resolution adopted at said meeting and on file and of record. IN TESTIMONY WHEREOF, I have hereto set my hand and the Seal of said PHA this 30th day of July, 2024. ecretary co�'SE� d MINUTES OF THE HOUSING AUTHORITY OF THE CITY OF PARIS, TEXAS BOARD OF COMMISSIONERS MEETING September 3, 2024 The Housing Authority of the City of Paris, Texas Board of Commissioners met for a REGULAR BOARD MEETING at 1:00 P.M. on Tuesday, September 3, 2024, at the Housing Authority of the City of Paris, Texas, 650 Ph SW — Office, Conference Room, Paris, Texas 75460. Present: Board Members: Jenny Wilson, Chairman Steve Smith, Vice -Chairman Joseph Nelms Stacy Ladell City Representatives: None Housing Authority Employees: Stacia Waters, Executive Director/Secretary Pam Adams, Financial Director Patricia Pridemore, Program Manager Other: None Absent: Board Members: Bill Harmon, Resident Commissioner Call Meeting to Order: Jenny Wilson, Chairman of the Board of Commissioners, called the meeting to order at 12:00 p.m. 2. Establish Quorum: Chairman Wilson dispensed with the roll call and stated the sign -in sheet (Attachment #1) would be maintained as the official record of attendance for the meeting. The sign - in sheet reflects that the above Board Commissioners and community members were in attendance and that a quorum was present to conduct business. A Motion to approve the Sign -in Sheet was made by Commissioner Smith and seconded by Board Commissioner Nelms. Motion carried; 4 ayes — 0 nays. 3. Citizens' Forum: No one present or requested to speak. 4. Approve Minutes from the meeting of July 30, 2024. A Motion to approve this item was made by Vice Chairman Smith and seconded by Commissioner Nelms. Motion carried, 4 ayes — 0 nays. 5. A Motion to approve the SEMAP Submission was made by Vice Chairman Smith and seconded by Commissioner Nelms. Motion carried, 4 ayes — 0 nays. 6. A Motion to approve the FDS Submission was made by Commissioner Nelms and seconded by Vice Chairman Smith. Motion carried, 4 ayes — 0 nays. 7. Retirement Account: Board discussed and agreed to get a proposal from HART to manage the Retirement Account instead of the current vendor. E.D. will call Kelly McGill with HART. 8. Annual Audit: Board discussed that Lori Ann Cannon, CAPA will be conducting the Audit again this year. They had accepted a 2 -Year proposal last year. A Motion was made by Vice Chairman Smith and seconded by Commissioner Ladell. Motion carried, 4 ayes — 0 nays. 9. Celebration Paris: A Motion was made to approve the resolution authorizing the authority to execute any and all documents or take any other action that is necessary or desirable to facilitate the development of the Celebration Paris project. A Motion to approve this item was made by Commissioner Nelms and seconded by Commissioner Ladell. Motion carried, 4 ayes — 0 nays. 10. Disposition: A request to dispose of (sale for scrap) unusable appliances was made. A Motion was made by Vice Chairman Smith and seconded by Commissioner Nelms. Motion carried, 4 ayes — 0 nays. 11. Executive Directors Report: ED presented Directors Report to the Board of Commissioners A. Occupancy Report: Waiting List and Vacancy information on Public Housing and Section 8 Vouchers. 15 vacancies in Public Housing and 294 vouchers utilized. B. Evictions Report: 4 Eviction Request in Review, 0 Evictions Pending, 2 Evictions C. Financial Report: Financial Information for June was presented. We are working with Lindsey to get new Fee Accountant services set up so that we can get our reports. D. Capital Funds Report: 2024 CFP for $588,982.00 is not available for use yet. E. ED advised the Board that we had been approached by a neighboring PHA that is converting units to PBV and wants us to manage them. We are gathering more information on this. RESOLUTIONS: 2024-9-3-1 Celebration Paris Resolution There being no further business, A Motion to adjourn was made by Vice Chairman Smith and seconded by Commissioner Ladell. Motion carried, 4 ayes — 0 nays. Jenny Wilson, Vice Chairman adjourned the meeting at 1:00 p.m. NOTE: Certification of Secretary Attached Certification of Secretary lsl µ Secretary CERTIFICATE I, Stacia J. Waters, the duly appointed, qualified and acting Secretary of the Housing Authority of the City of Paris, Lamar County, Texas do hereby certify that the attached Extract from the Minutes of the Regula meeting of the Commissioners of the said PHA, held on September 3 2024, is a true and correct copy of the original Minutes of said meeting on file and of record insofar as said original minutes relate to the matters set forth in said attached Extract, and I do further certify that each Resolution appearing in said attached Extract is a true and correct copy of the same Resolution adopted at said meeting and on file and of record. IN TESTIMONY WHEREOF, I have hereto set my hand and the Seal of said PHA this 3rd day of September, 2024. ``��►�tirrrrri�i 1949 o, 5 JWAj. Secretary MINUTES OF THE PARIS VISITORS AND CONVENTION COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 16, 2024 The Paris Visitors and Convention Council of the City of Paris met for a regular session at 4:00 p.m. on September 16, 2024, at the Lamar County Chamber of Commerce board room, 8 West Plaza, Paris, TX. Present: Board Members: Brandon Kellum, Ryan Whitaker, Russell Jackson, Sherrie Holbert, Bud Mistry, Trey Glascock, Bryan Hargis, Eric Guillot, Thomas McMonigle, Cody Head, Chadlee Johnston, Chris Kennedy, Lindsey Bounds and Monica Clement. City Representatives: none Absent: Board Members: Brittany Miller, Misty Halcomb and Bradley Hilliard. Call meeting to order. Paul Allen called the meeting to order at 4:00p.m. Citizens" Forum. Welcome new board members, Brandon Kellum, Lindsey Bounds and Chris Kennedy. 3. Approve minutes from the meeting of August 2024. A motion to approve was made by Bud Mistry seconded by Cody Head. Motion carried. 11 ayes, 0 nays. 4. Receive financial report from August 2024, by Paul Allen. A motion to approve was made by Eric Guillot seconded by Ryan Whitaker. Motion carried. 11 ayes. 0 nays. 5. Paul Allen stated that PJC Girls Basketball is bring a tournament here and would take the place of the Paris Basketball tournament. A motion to approve $5000 was made by Eric Guillot seconded by Cody Head. Motion carried. 11 ayes. 0 nays. 6. Paul Allen stated that the TMBRA financials were overviewed and $6940 should be paid to Barber Hills for repair and upgrades. A motion to approve $6940 was made by Thomas McMonigle, seconded by Eric Guillot. Motion carried. 11 ayes. 0 nays. 7. Becky Semple stated that the Balloon Fest was a success, and we had over 3000 people there. Paris Pair is September 20-21, 2024. 8. Adjournment. There being no further business, A Motion to adjourn was made by Board Member Ryan Whitaker, seconded by Board Member Eric Guillot. Motion carried, 11 ayes — 0 nays. Paul Allen, Chamber President adjourned the meeting at 4:25 p.m. Paul Allen, Chamber President Board of Adjustment Meeting October 1, 2024 Page 1 MINUTES OF THE BOARD OF ADJUSTMENT MEETING OF THE CITY OF PARIS, TEXAS OCTOBER 1, 2024 The Board of Adjustment of the City of Paris met for a regular session at 12 p.m. on October 1, 2024, at the City of Paris- City Hall, Council Chambers located at 107 E Kaufman St. Present: Board Members: David Hamilton, William Sanders, Harley Draven, Ben Vaughan and Richard Thompson. City Representative: Stephanie Harris, Absent: None The Board ofAdjustment meeting was called to order by Chairman David Hamilton, at 12: 00 p. m. 2. Approval of minutes from previous meeting. (September 3, 2024) Motion was made by William Sanders, seconded by Harley Draven to approve minutes for the September 3, 2024 meeting. Motion carried 5 ayes — 0 nays. 3, Public hearing to consider and take action on the petition of Robert Staples, on behalf of Cultiv8Community regarding a variance to the City of Paris Area Regulations, Section 9- 201(1), on Lot 1, Block A, of the Cultiv8Community Addition No], being located at 1337 E Houston Street. David Hamilton opened the public hearing. Permit Technician and Board Liaison, Paige Unger presented case to the board. Barbara Curtis of 1404 E Price St, spoke neither in favor or opposition of the request. No one else spoke in favor or opposition of the request. Public hearing was declared closed. There was discussion amongst the board and the staff whether the intention of the home was to be rented or sold. Motion was made by Ben Vaughan, seconded by William Sanders to approve the variance to the City of Paris Area Regulations, Section 9-201(1) based on the following findings. Motion carried 5 ayes - 0 nays. Board of Adjustment Meeting October 1, 2024 Page 2 Findings 1. The structure setbacks can and shall be met. 2. The lot is platted. 3. The request for variance is in harmony with the general purposes and intent of residential proposed structure size for regulations contained in the Zoning Ordinance 1710 Subsection 9-402.1 (2) "Residential structures in SF -3 shall be a minimum size of 1,000 square feet." Being the lowest structure size for Single Family Dwelling, the minimum Single -Family Dwelling size in 2F district shall follow same; and will protect the character of the immediate vicinity of the area. 4. Apart from the variance in the required lot width, there are no special and unique conditions of restricted area of lot width, that exist on the subject parcel of land, which are applicable to other parcels of land in the 2F Zoning District, and which cause unusual and practical difficulty or unnecessary hardship to the use of the property with site improvements permitted by the ordinance with the provision sought here to be varied. The residential lot is consistent with the adjoining residential lots. 5. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self- imposed or self-created), and (b) economic or financial "hardship." 6. The provision of the ordinance regulation that are sought to be varied, deprive the applicant of reasonable rights to use the property that are commonly enjoyed by other older residential properties in the 2F - Residential Zoning District which are required to comply with these same ordinance provisions. 4. Adjournment. APPROVED THE 5TH DAY OF NOVEMBER, 2024. m ; Chairperson Item No. 7 Memorandum TO: Mayor, Mayor Pro -Tem & City Council FROM: Robert Vine, Interim City Manager SUBJECT: CIVIL SERVICE COMMISSION APPOINTMENT DATE: November 12, 2024 BACKGROUND: Because our police and fire departments operate under a civil service system, we are required to have a local three-member civil service commission. Members' terms vary in length, so they do not expire all at one time. Pursuant to Local Government Code § 143.006(b), the City Manager is required to appoint commission members with the City Council confirming the appointments. The Civil Service Commission is tasked with maintaining local rules and regulations under the guidance laid out in Chapter 143. These rules spell out entry requirements, promotional requirements, disciplinary standards, appeal processes, etc. From all of this, their primary roles are to maintain the rules and regulations as well as hear appeals from civil service members as needed. STATUS OF ISSUE: On September 27, 2018, Del Drake was appointed to the serve the unexpired term of Sims Norment on the Civil Service, and that term expired December 31, 2020. Mr. Drake was re -appointed for a term of January 1, 2021 through December 31, 2024, and wishes to serve another term. Mr. Drake has been a deputy constable, has worked at the Paris Police Department for a number of years prior to joining the Texas Alcoholic Beverage Commission as an agent. After retiring from TABC, he worked in their Internal Affairs Department. Staff is recommending Del Drake be re -appointed to the Commission. BUDGET: NA. RECOMMENDATION: Confirm re -appointment of Del Drake to serve on the Civil Service Commission. Item No. 8 Building and Standards Report: October, 2024 There was no BSC meeting due to not having a quorum. 3 structures were demolished in October, 2024: 1431 & 1445 W Sherman 123 E Price October Code Report CASE TYPES INSPECTIONS OPENED ACTIVE CLOSED HIGH GRASS AND WEEDS 494 168 118 326 JUNK & RUBBISH 47 26 20 21 SWIMMING POOLS 1 1 0 1 BASKETBALL GOALS 1 1 1 0 LIMBS & BRUSH 10 6 S 4 OUTSIDE STORAGE 10 6 5 4 TRASH CANS 6 2 1 4 FRONT YARD PARKING 7' 3' 2 4' JUNK VEHICLES 16 10 7 6 SPECIAL VEHICLES 4 4 3 0 ADDRESS NOT ON PROPERTY 0 0 0 0 BUSINESS IN RESIDENTIAL 0 0 0 0 DEAD TREE/ TREE OBSTRUCTION 5 2 1 3 GARAGE SALE VIOLATION 0' 0 0 0 GRASS CLIPPING 0 0 0 0 ILLEGAL DUMP 20 13 8 7 PARKING ON VACANT LOT 2 2 0 0 ACCESSORY BUILDING - COM 0 0 0 0 ACCESSORY BUILDING - RES 0 0 0 0 DILAPIDATED STRUCTURES 10 7 7 3 ELECTRIC FENCES 0 0 0 0 FENCES 1 1 1 0 SIGNS 105 52 0 53 SUBSTANDARD STRUCTURES 6 2 UNSECURE STRUCTURES 0 0 1 0 4 0 TOTAL 744 306 180' 440 Item No. 9 Memorandum TO: Mayor, Mayor Pro -Tem & City Council FROM: Todd Mittge, City Engineer SUBJECT: Consideration of and action on the Final Plat of Buster Business Park Addition, Lot 1, Block A, LCAD 53594, 59490 and 53676, Located at 1590 Loop 286 NW. DATE: November 12, 2024 BACKGROUND The applicant requests approval of a Final Plat to build an Office, Repair Shop and Distribution center. RECOMMENDATION Staff recommends approval of the Final plat. VICINITY MAP ---------------------------- �4 . . . . . . . . . . . . . ------------------------------------------ -------------------- -- --- — ---------------------------------- ---------- ja� 4, --------- ---------------- -- ------------ ------- I------------- pt ice✓ J FINAL PLAT BUSTER BUSINESS PARK ...... -- ---- City of Paris, Lamar Comity, Texas 33.95 Acres (Less 0.3587 Acre ROW Dedication) Developer. 199 Owner I 5 INVESTMENT'S LLC 3737LAMAR AVENUE, STE 700 Phone: (903)317-2395 Item No. 13 TO: Mayor, Mayor Pro Tem and City Council Rob Vine, Interim City Manager FROM: Osei Amo-Mensah, AICP Director Planning & Community Development SUBJECT: Tower Guard Construction & Development, LLC - 5 In 5 Housing Infill Development Agreement in City of Paris, which Properties are within Reinvestment Zone No. 2020-1 and within the area set forth in the Program: LCAD- 16208, 345 W. Sherman, City of Paris Lot 3, Block 136 • LCAD-16209, 335 W. Sherman, City of Paris Lot 4, Block 136 LCAD-18832, 3050 W. Campbell, City of Paris Lot 1, Block 326 LCAD- 13041, 40 NW 31st, Mayer Addition Lots 3 and 4, Block 2 MTG. DATE: November 12, 2024 BACKGROUND & DISCUSSION Attached please find the draft agreement between the City and Tower Guard Construction & development for the construction of six (6) single family homes on the above-described property locations in the 5 In 5 Area. The agreement spells out all the requirements under 5 In 5 Infill development Program Guidelines. The applicant proposes to begin construction January 2025 and complete by December 2026. Kyle and Megan Towery of Tower Guard Construction & Development LLC plan to attend the meeting on Monday night and present their building plans under the agreement to the City Council. RECOMMENDATION Approve the Resolution authorizing an Economic Development Agreement and Tax Abatement with Tower Guard Construction & Development, LLC Page 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND AUTHORIZING AN ECONOMIC DEVELOPMENT AGREEMENT AND TAX ABATEMENT AGREEMENT WITH TOWER GUARD CONSTRUCTION & DEVELOPMENT, LLC PURSUANT TO THE 5 IN 5 HOUSING INFILL DEVELOPMENT PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on February 10, 2020, the City Council passed Ordinance No. 2020-005 creating Reinvestment Zone 2020-1, designating certain areas inside the city limits to be eligible for the Residential Tax Abatement Program; and WHEREAS, after a public hearing on January 10, 2022, the City Council of the City of Paris, Texas passed Resolution No. 2022-003 stating its intent to establish a 5 In 5 Housing In -Fill Development Program (hereinafter "the Program") including low cost land sales and residential tax abatements and adopting guidelines and criteria for the Program; and WHEREAS, by Resolution 2022-003, City Council designated an area within Reinvestment Zone 2020-1 as being eligible for the Program; and WHEREAS, on April 10, 2023, the City Council approved resolution 2023-018 re -authorizing the City to become eligible to participate in residential tax abatements and approving guidelines and criteria for the residential tax abatement program; and WHEREAS, the Program has additional criteria and guidelines for participation therein, including criteria and guidelines for eligibility for residential tax abatements; and WHEREAS, on August 26, 2024, City Council, by Resolution No. 2024-038, revised the guidelines and criteria for the Program; WHEREAS, Owner has submitted an application for a 5 In 5 Housing Infill Development project to construct six (6) single family homes on the properties described herein below in Paris, Texas (hereinafter "Improvements"); and WHEREAS, city staff has reviewed the application and the location of the above described residential Improvements and has determined that the properties are located within the boundaries of the defined geographic area and Reinvestment Zone 2020-1 and meet the requirements for Improvements set forth in the guidelines and criteria for the Program as set forth in City Resolution No. 2024-038. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved and are incorporated herein for all purposes. Section 2. That the terms of the Economic Development Agreement and Tax Abatement Agreement between the city and Tower Guard Construction & Development, LLC and the property the subject thereof meet the City's Guidelines and Criteria for Tax Abatement adopted by the City of Paris by Resolution No. 2024-002 and will lead to the economic development of the Program Area described in said Resolution No. 2024-038. Section 3. That the terms and conditions of the proposed Agreement attached hereto as Exhibit A and incorporated herein by reference, having been reviewed by the City Council of the City of Paris and found to be acceptable and in the best interests of the City of Paris and its citizens, be, and the same are hereby, in all things approved. Section 4. That the Mayor is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Paris substantially according to the terms and conditions set forth in the Agreement attached hereto as Exhibit A. Section 5. That the planned use of the property the subject of the tax abatement will not constitute a hazard to public safety, health, or morals. Section 6. That this approval and execution of the agreement on behalf of the City is not conditioned upon approval and execution of any other tax abatement agreement by any other taxing entity. PASSED AND APPROVED by the City Council of the City of Paris, Texas at its regular meeting on the 12th day of November, 2024. Mihir Pankaj, Mayor Pro -Tem ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney THE STATE OF TEXAS ) COUNTY OF LAMAR ECONOMIC DEVELOPMENT AND RESIDENTIAL TAX ABATEMENT AGREEMENT This Economic Development and Residential Tax Abatement Agreement (hereinafter the "Agreement") is entered into by and between the CITY OF PARIS, TEXAS, a home rule municipality situated in Lamar County, Texas, acting by and through its authorized officer whose signature appears below (hereinafter called "City"), and TOWER GUARD CONSTRUCTION & DEVELOPMENT, LLC (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, on February 10, 2020, the City Council passed Ordinance No. 2020-005 creating Reinvestment Zone 2020-1, designating certain areas inside the city limits to be eligible for the Residential Tax Abatement Program; and WHEREAS, after a public hearing on January 10, 2022, the City Council of the City of Paris, Texas passed Resolution No. 2022-003 stating its intent to establish a 5 In 5 Housing In -Fill Development Program (hereinafter "the Program") including low cost land sales and residential tax abatements and adopting guidelines and criteria for the Program; and WHEREAS, by Resolution 2022-003, City Council designated an area within Reinvestment Zone 2020-1 as being eligible for the Program; and WHEREAS, on April 10, 2023, the City Council approved resolution 2023-018 re- authorizing the City to become eligible to participate in residential tax abatements and approving guidelines and criteria for the residential tax abatement program; and WHEREAS, the Program has additional criteria and guidelines for participation therein, including criteria and guidelines for eligibility for residential tax abatements; and WHEREAS, on August 26, 2024, City Council, by Resolution No. 2024-038, revised the guidelines and criteria for the Program; WHEREAS, Owner has submitted an application for a 5 In 5 Housing Infill Development project to construct six (6) single family homes on the properties described herein below in Paris, Texas (hereinafter "Improvements"); and WHEREAS, city staff has reviewed the application and the location of the above described residential Improvements and has determined that the properties are located within the boundaries of the defined geographic area and Reinvestment Zone 2020-1 and meet the requirements for Improvements set forth in the guidelines and criteria for the Program as set forth in City Resolution No. 2024-038. NOW, THEREFORE, in consideration of the terms and conditions referenced herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City, and Owner (collectively referred to as "Parties"), hereby mutually agree as follows: I. Recitals 1.1 The Recitals set forth hereinabove are incorporated into this Agreement for all purposes. II. Component Parts 2.2 This Agreement comprises two component parts, including an economic development agreement pursuant to Texas Government Code Chapter 380 and a residential tax abatement agreement pursuant to Texas Tax Code Section 312. III. Terms Applicable to both the Economic Development Agreement and the Residential Tax Abatement Agreement: A. The Properties—Areas to be Improved 3.1 The Improvements defined in section III B below and made the subject of this Agreement shall be located on the Properties located in Paris, Lamar County, Texas more fully described in Exhibit 2 attached hereto and incorporated herein by reference, which Properties are within Reinvestment Zone No. 2020-1 and within the area set forth in the Program: • LCAD- 16208, 345 W. Sherman, City of Paris Lot 3, Block 136 • LCAD- 16209, 335 W. Sherman, City of Paris Lot 4, Block 136 • LCAD.- 18832, 3050 W. Campbell, City of Paris Lot 1, Block 326 • LCAD- 13041, 40 NW 31St, Mayer Addition Lots 3 and 4, Block 2 B. Consideration --Improvements 3.2 The Improvements to be completed consist of constructing six (6) single family homes on the above described Properties as more fully described in the application for the Program attached hereto and incorporated herein as Exhibit 1. Said Improvements must be completed within the term of the Economic Development Agreement, set herein to expire on November 11, 2029. 2 3.3 The total estimated value of the Improvements to be constructed on the above - referenced parcels is ONE MILLION ONE HUNDRED THIRTY-FOUR THOUSAND AND NO/100 ($1,134,000.00). 3.4 Owner shall obtain City approval for all necessary platting (if required) and plans, building permits, green tags, and Certificates of Completion from the City of Paris. 3.5 Owner shall allow city inspectors access to the Properties and Improvements throughout construction and completion of Improvements. 3.6 Owner agrees and covenants that it will diligently and faithfully construct each Improvement/dwelling referenced herein in a good and workmanlike manner within 12 months of obtaining building permits from City for each structure. Owner further covenants and agrees that construction of the Improvements will be in accordance with all applicable state and local laws, codes, and regulations or Owner will procure a valid waiver or variance thereof. Owner shall complete all Improvements required herein by November 11, 2029. 3.7 Owner shall contact City Building Official for final inspection as Improvements are completed and obtain a Certificate of Completion for each new residential dwelling as it is completed. 3.8 Owner shall notify the Lamar County Appraisal District upon completion of each Improvement and request an updated appraisal of the Improvement. 3.9 Owner shall provide City with appraised value of each Improvement upon receipt of same from Lamar County Appraisal District. 3.10 Owner may not use the parcels described in Section 3.1 for any other purpose other than to construct the Improvements set forth in this Article. Use of any parcel for any other purpose shall constitute a separate act of default of the Agreement and will trigger the default provisions and remedies set forth hereunder. IV. Terms Specific to the Economic Development Agreement— Texas Local Government Code Chapter 380 A. Term 4.1 The term of this Economic Development Agreement shall commence on November 12, 2024 and shall continue for a period of five (5) years ending on November 11, 2029. B. Land Conveyance 4.2 In consideration for Owner's construction and completion of the above -referenced Improvements, City agrees to convey the above -referenced parcels to Owner in exchange for payment in the amount of City's proportionate share of $1.00 per parcel in accordance with the Interlocal Agreement for establishing alternate manner of sale of land acquired by the City of Paris, Texas pursuant to Section 34.051 of the Texas Tax Code executed on or about January 14, 2022 by and between the City of Paris, Texas, Lamar County, Texas, Paris Independent School District, and Paris Junior College. 4.3 The conveyance of the property by the City to the Builder shall be tax sale deed without warranty with right of reversion. 4.4 City hereby transfers property in an "as is" condition and does not warrant or provide clear title with respect to the aforementioned Tax Foreclosure City Trustee status of the property. Owner assumes full responsibility for title insurance for the property and all new residential improvements thereto by Owner under the terms of this Agreement. C. Reduced Fees for Building Plan Review and Permitting 4.5 In consideration for Owner's construction and completion of the above -referenced Improvements, City agrees to waive all fees for building plan review and permit fees for each dwelling unit constructed pursuant to this Agreement. D. Reduced Fees for Water and Sewer Tap Labor 4.6 In further consideration for Owner's construction and completion of the above - referenced Improvements, City agrees to reduce rates for water and sewer tap labor fees by twenty- five percent (25%) where required by the City's Public Works Department. E. Local Purchasing 4.7 As further consideration for the incentives granted herein, where possible, Owner shall purchase building materials and fixtures from vendors located within the City of Paris. F. Default 4.8 It shall be an act of default of the Economic Development Agreement should Owner fail to construct and compete all of the Improvements specified herein within the five (5) year term set forth herein. Ownership of any single Property conveyed by this Agreement shall revert to the City of Paris, at its sole option without compensation to the Grantee, should any of the following events occur during the period in which the Grantee has an ownership interest in the Property and during the term of the 15 in 5' Program agreement between the City of Paris and Grantee or Grantee's successors (said agreement is hereby incorporated into this deed by reference as if written word-for-word herein): (1) failure to maintain the property as required by law, evidenced by any affidavit of violation being filed against the Property by the City of Paris (or any other governmental unit) in the deed records of Lamar County, Texas; (2) failure to comply with the requirements of the City of Paris' 15 in 5' Program as evidenced by any affidavit supporting said failure to comply being filed against the Property by the City of Paris in the deed records of Lamar County, Texas; (3) allowing any ad valorem tax on a Property to become delinquent as evidenced by an affidavit of such fact supported 4 by a delinquent tax statement issued by the Lamar County Appraisal District or other tax assessor -collector for the Grantors, and filed in the deed records of Lamar County, Texas; and (4) failure to pay any fee required to be paid by law, evidenced by an affidavit of such fact being filed in the deed records of Lamar County, Texas; before any affidavit relating to contingencies 1-4 above shall be filed in the deed records of Lamar County, Texas, the Grantee shall be given notice of the event causing the reverter and 10 business days to cure (the first day shall be the date the notice is presented to Grantee if hand delivered to the Grantee, otherwise the second business day after the notice is turned over to the United States Postal Service or other delivery service for delivery to the Grantee). V. Terms Specific to the Residential Tax Abatement Agreement—Texas Tax Code Chapter 312 A. Term 5.1 The term of this Tax Abatement Agreement shall commence on November 12, 2024. It is the intention of this Tax Abatement Agreement that Owner receive an abatement of taxes on each dwelling unit constructed as it is completed and issued a Certificate of Completion by City. Consequently, each dwelling unit constructed and completed shall have its own five (5) year abatement period. The abatement period for each constructed and completed dwelling unit shall commence on January 1 of the year following City's issuance of a Certificate of Completion on said dwelling unit and end on the fifth (5`'') anniversary of the commencement of the abatement period. This Tax Abatement Agreement shall terminate upon the expiration of the final abatement period granted herein unless otherwise terminated by default or agreement of the Parties. B. Abatement 5.2 Subject to the terms and conditions of this Economic Development Agreement and Tax Abatement Agreement, in further consideration for the construction and completion of the Improvements required herein and subject to the rights and holders of any outstanding bonds of the City, a portion of the maintenance and operations (M & O) ad valorem property taxes assessed upon each Improvement and otherwise owed to the City shall be abated for a period of five (5) years in an amount equal to one hundred percent (100%) per year of the taxes assessed upon the increased value of the Improvements made by Owner to the Properties described in Section 3.1 of this Agreement, over the value in the year by which this agreement is executed (the "Base Value"), in accordance with the terms of this Agreement and all applicable state and local regulations or valid waivers thereof; provided that the Owner shall have the right to protest or contest any assessment of the Properties and said abatement shall be applied to the amount of taxes finally determined to be due as a result of any such protest or contest. For the purposes of this Agreement, the Base Value of the existing real property shall be deemed to be the value as shown on the tax rolls of the Lamar County Appraisal District as of January 1, 2024. 5.3 This abatement is granted in accordance with the City's guidelines and criteria for the Program, a copy of which is attached hereto as Exhibit 3, provided, however, that in the event of any conflict between this Agreement Exhibit 3, this Agreement shall control. 5.4 Upon receipt of the documentation set forth in Article III and in Section 6.6 herein as to each constructed and completed dwelling unit, City will notify the Lamar County Appraisal District to begin the tax abatement as to said unit. C. Default 5.5 If (a) the Improvements (all six single family homes) for which an abatement has been granted are not completed in accordance with this Agreement (within five (5) years of the effective date hereof); or (b) Owner allows its taxes owed the City to become delinquent and fails to timely and properly follow the legal procedures for protest or contest of any such; or (c) Owner materially breaches any of the other terms, provisions or conditions of this Economic Development Agreement and Tax Abatement Agreement, including but not limited to the Mandatory Anti - Discrimination Provisions set forth herein, then owner shall be considered in default of this Agreement. In the event Owner defaults in its performance of either (a), (b), or (c) above, then City shall give Owner written notice of such default and if Owner has not cured such default within sixty (60) days of said written notice, this Tax Abatement Agreement may be terminated by the City. Notice of default shall be given in accordance with Article VI of this Agreement. 5.6 As damages in the event of default, and in accordance with the requirements of Section 312.205(a)(4) of the Tax Code of the State of Texas, all taxes which otherwise would have been paid to the City without the benefit of abatement, including taxes on those dwelling units constructed and completed according to the terms of this Agreement, together with interest to be charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Property Tax Code of the State of Texas, with all penalties and attorney's fees permitted by the Property Redevelopment and Tax Abatement Act and the Tax Code of the State of Texas, shall be recaptured and will become a debt to the City and shall be due, owing, and paid to the City within sixty (60) days of the expiration of the above-mentioned applicable cure period as the sole remedy of the City, subject to any and all lawful offsets, settlements, deductions, or credits to which Owner may be entitled. VI. Additional Terms applicable to both the Economic Development Agreement and the Tax Abatement Agreement A. No Conflict of Interest. 6.1 The Owner represents and warrants that neither the Properties nor the Improvements include any real or personal property that is owned or leased by a member of the Paris City Council or the Planning and Zoning Commission or any member thereof having responsibility for approval of this Agreement. no B. Conditions. 6.2 The terms and conditions of this Agreement are binding upon the parties hereto and their successors and assigns. 6.3 It is understood and agreed between the parties that the Owner, in performing its obligations hereunder, is acting independently, and the City assumes no responsibility or liability in connection therewith to third parties; and Owner agrees to release, indemnify and hold the City its elected officials, officers, employees and attorneys harmless from any claims, lawsuits, damages, costs or attorney's fees related to this Agreement. It is further understood and agreed among the parties that the City, in performing its obligations hereunder, is acting independently, and the Owner assumes no responsibility or liability in connection therewith to third parties. C. Compliance Provisions 6.4 The Owner agrees that the City, its agents and employees, shall have reasonable right of access to any and all records concerning Owner's investment in the Improvements for the purpose of conducting an audit of the Improvements. Any such audit shall be made only after giving the Owner notice at least fourteen (14) days in advance and will be conducted in such a manner as to not unreasonably interfere with Owner's property. Upon request, the Owner will provide the City with a detailed list of all Improvements, including a list of materials used and cost thereof. 6.5 The Owner further agrees that the City, its agents and employees, shall have reasonable right of access to the Property to inspect the Improvements in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations or valid waiver thereof. After completion of the Improvements, the City shall have the right to enter the Property and conduct an inspection of the completed Improvements. D. Initial and Annual Reporting. 6.6 The Owner further agrees that it will, within thirty (30) days of completion of each dwelling unit and issuance of a Certificate of Completion by the City, provide the City with a sworn report, written on Owner's letterhead and signed by a designated representative of Owner, which contains the following information: (a) A copy of the printout from the Lamar County Appraisal District showing the market value of the Property prior to the construction of the Improvements; (b) Detailed description of the Improvements; (c) A copy of or identification of plans and specifications of constructed improvements and the location of the same for inspection by City's Building Official; 7 (d) The actual cost of the specific capital Improvements; and, (e) The date of substantial completion of the specific Improvements as defined in paragraph 2.1 hereof, and (f) Receipts showing that the purchase of building materials and fixtures for the construction were made from vendors within the City of Paris, when possible. 6.7 Owner further agrees that it will provide City with an annual, sworn report which shall certify, in writing, that it is in compliance with each applicable term of this Agreement. Such annual report shall be furnished on the forms provided by the City. E. Authority to Contract. 6.8. This Agreement was authorized by resolution of the City Council at its regularly scheduled meeting on the 12th day of November 2024, authorizing the Mayor to execute the Agreement on behalf of the City. 6.9 This Agreement was entered into by Owner pursuant to the authority granted to the authorized official whose signature appears below. 6.10. This Agreement shall constitute a valid and binding Agreement between the City and Owner when executed in accordance herewith, regardless of whether any other taxing unit executes a similar agreement for tax abatement. F. Legal. 6.11 No officer, official or agent of the City has the power to amend, modify or alter this Agreement or waive any of its conditions or to bind the City by making any promise or representation not contained herein. 6.12 This Agreement, except by operation of law, shall not be assigned or transferred by Owner, without the prior written consent of City, which consent shall be at the sole discretion of the City. 6.13 Any written notice required or permitted under the terms of this Agreement shall be given and be deemed to have been duly served if either (1) delivered in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the United States mail, addressed to the designated representative of the respective parties which are designated as follows: OWNER: TOWER GUARD CONSTRUCTION & DEVELOPMENT, LLC Attn: Megan Towery 2144 CR 3040 Bonham, Texas 75418 CITY: CITY OF PARIS, TEXAS Attn: City Manager P. O. Box 9037 Paris, TX 75461-9037 With a con to: City Clerk, City of Paris, Texas (Address same as above) 6.14 If any term or provision of this Agreement shall be declared unconstitutional or void by any court of competent jurisdiction, the constitutionality and validity of the remainder of said Agreement shall not be affected thereby, and to this end the terms and provisions of this Agreement are declared to be severable. 6.15 This Agreement sets forth the entire understanding between the parties, and any other understandings or agreements shall be canceled and superseded by this Agreement upon the date of execution hereof. None of the terms of this Agreement shall be waived, discharged, altered or modified in any respect, except by an Agreement in writing signed by both parties and specifically referring to this Agreement. The captions in this Agreement are included for convenience only and shall not be taken into consideration in any construction or interpretation of this Agreement or any of its provisions. This Agreement is performable in Lamar County, Texas, and shall be governed by, construed and enforced in accordance with the laws of the State of Texas. The provisions of this Agreement shall apply to, bind and inure to the benefit of the City, Owner, and their respective successors, and permitted assigns, if any. 6.16 Venue for any actions arising under this Agreement shall lie exclusively in the courts of Lamar County, Texas, for any State Court action, and in the U.S. District Court for the Eastern District of Texas for any federal court action. 6.17 MANDATORY ANTI -BOYCOTT AND OTHER PROVISIONS. Owner, by executing this agreement, certifies the following: i. Pursuant to Section 2271.002 of the Texas Government Code, Owner certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Agreement. Owner acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. ii. Pursuant to SB 13, 87th Texas Legislature, Owner certifies that either (i) it meets an exemption criterion under SB 13, 87th Texas Legislature; or (ii) it does not boycott energy companies, as defined in Section 1 of SB 13, 87th Texas Legislature, and will not boycott energy companies during the term of the Agreement. Owner acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. E iii. Pursuant to SB 19, 87th Texas Legislature, Owner certifies that either (i) it meets an exemption criterion under SB 19, 87th Texas Legislature; or (ii) it does not discriminate against a firearm entity or firearm trade association, as defined in Section 1 of SB 19, 87th Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the term of the Agreement. Owner acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iv. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Owner certifies Consultant (1) is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Owner acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Signature page to follow: 10 WITNESS our hands this 12t' day of November, 2024. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney THE CITY OF PARIS, TEXAS Mihir Pankaj, Mayor TOWER GUARD CONSTRUCTION & DEVELOPMENT, LLC. Title: 11 STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared Mihir Pankaj, Mayor, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this III..--____,___ day of November, 2024. Notary Public, State of Texas STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared ............ , (title) of Tower Guard Construction & Development, LLC, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this day of November, 2024,. Notary Public, State of Texas 12 Exhibit 1--Aglication i 'S ' � �X S Where 'hwrm Reach Higher CITY OF PARIS, TEXAS PL -INFO -0007 (rev 08/24) APPLICATION FOR RESIDENTIAL TAX ABATEMENT (Sin 5) Applicant' _ f� Name.)� •.D6A-JILL Mailing Address: �.z,— - -, Tele hone #: r (_ ; ` Email <', : �� :mt� r ( t w"" Owner: Y' Name <I''�E: _. �m..._._ m... _..��_ _DBA f�'��..... ��r lc:�.,. �,/,I �?.;.i. m _..- Mailing Address b.wa s.�.: w. _ -.... ...- . _ .. Telephone #: <` , p � 11 �:.�,_ _ . Email �4faL Property Parcel(s) Proposed for Agreement: No, LCAD # Adress Lot Block Addition (I' �� � _ ,r�r r '4. I 3. r 4 (Fj • 3 i p/ y ((i .i� f { ., i1 ! K 5. Ad11 d additional sheets If necessary. Full Legal Description: Include as an attachment a full legal description with metes and bounds or a copy of the deed, if available, Improvements: Type improvements for new Construction (check one): �,SF 0 2F D Mf Total Number of Dwelling Units: Estimated Value of Improvements by type:,i� C� _ _.�......._. Estimated Start Date of Construction:.. Estimated Date of Completion of Project($) C' l '�'+" ........ e t Description of Project (attach site plan, floor plan, etc.: '! f, , „, , �..'i t (+ " F `e r( "'j Applicant's Signature• - Date . Owner's Signature: ' J ,.. Date r, 3 �... ..�..�..-... e � �� ..,Yi... __..._......eH. ,« p..�.�..,.{,.......�-.mow Paee7of7 ... .... . "P.O. Bdkq, •;r�IAF���, TX t154et-9'0,! ' � 903-708-71_r11`� FAX �i�0-77 -1619 •'`F?�F21� rEX�S.�aC�V,. (903) 5835522 September 12, 2024 RB: Jackson and Toweiy Family Investments, LLC Jeffrey K (Kyle) Towery and Megan J. Towery, Members To Whom It May Concern: This letter will serve as my introduction of Jackson and Toweiy Fancily Investments, LLC. This Limited Liability Company is a valued deposit and loan customer of Fannin Bank. Members Megan and Kyle Towery have combined their knowledge, experience and expertise in the real estate sales and construction business to form a profitable real estate investing business here in the Bonham area. Megan is a licensed real estate agent, and Kyle has a background in the construction industry. Our loan relationship began in 2021 with the financing of a purchase and improvement of a single family residence for resale. Since that time, five similar real estate transactions have been originated. All loans have been handled as agreed. Construction inspections have been satisfactory, and in accordance with the proposed budgets and completion dates. This is a letter of reference only. Any credit approval or pre -qualification would require an application along with current financial and collateral documentation that complies with bank lending policies. Sincerely may+lj Ol erricic- ecer Mortgage Loan Officer Unite Diane Smith i My comm Psion xglreo NOWY ID 4447833 . ® -Serving Fannin County Since 1921 - MAL HOUSING LENDER j % rd %r�rul Print -Heady Version: douse Plan #123-1116 10/7124,1:34 PM BEDROOM 3 COVERED ORCH — 6.4X 6R6 69X9.6 \ „ W-0" R 12.OX 11•D EfiP .,COVE3REO�pORCH �...'. ,�,j ,011 hltps:J/wNvw,theplancollection.conl/house-plans/home-plan-31786/print Page 14 of 17 LF11A f w KITCHENrDININO ; I ' 16.8X8.6 �64L r _H_� � Y M BEDROOM 2 GREAT ROOM MASTER BEDROOM S6.0 X 12.0 12-0 X 11-0 14.0 x 72.6 EfiP .,COVE3REO�pORCH �...'. ,�,j ,011 hltps:J/wNvw,theplancollection.conl/house-plans/home-plan-31786/print Page 14 of 17 Print -Ready VerAm House Plan #123-1116 . � - . .... Rim . w». .. ,pr« 1:34 PM Qom: _m+ar6egr.m/h _eNm+meA»,178szAt Ry 15¥ 17 Prini-Ready Version: House Plan #123-1116 1017/24, 1:34 PM hltps:/Jwww.theplancolleotion.com/house-plans/home-plan-31786/print Page 16 of 17 Print -Ready Version: House Plan #123-1116 1017/24, 1:34 PM hltps://wwNi.thaplancollection,com/house-plans/home-plan-31786/print Page 17 of 17 Print -Ready Version: Mouse Plan 11123-1116 1017/24, 1:34 PM haps://www.theplancollection.com/house-plans/home-plan-31786/print Page 12 of 17 Print -Ready Version: House Plan 4123-1116 1017124, 1:34 PM https://www.theplancollection.com/house-plans/home-plan-317£16/print Page 13 of 17 Prini-Ready Version: douse Plan #123-1116 .s A y 1017124,1:34 PM littps://www.theplancollection.com/house-plans/home-plan-31786/print Page 10 of 17 Print -Ready Version: House Plan #123-1116 1017/24, 1:34 PM https:)/www.thoplancollection.corn/liouse-plans/home-plan-31786/print Page 9 of 17 Print -Ready Version: House Plan #123-1116 10/7/24,1:34 PM https://www.theplancollection.com/house-plans/home-plan-31786/print Page 7 of 17 Print -Ready Version: House Plan It123-1116 10/7/24, 1:34 PM https://www.theplancollectlon.com/house-plans/home-plan-31786/print Page 6 of 17 Print -Ready Version: House Plan #123-1116 10/7/24,1:34 PM httpstll%vww.theplancolleclion.com/house-plans/home-plan-31786/print Page 3 of 17 I 1 ..... . .. ....... .... ..... ..... . . . ...... ...... . . I. raiZMWuaua IJ In3I Wv MILI ����� Exhibit 2 -Deed [To be provided.] Exhibit 3 Pro ram Guidelines RESOLUTION NO. 2024-038 ......... _...... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AMENDING THE GUIDELINES AND CRITERIA OF THE 5 IN 5 HOUSING_INFILL DEVELOPMENT PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on February 10, 2020, the City Council of the City of Paris, Texas passed Ordinance No. 2020-005 creating Reinvestment Zone 2020-1, designating certain areas inside the city limits to be eligible for the Residential Tax Abatement Program; and WHEREAS, after a public hearing on January 10, 2022, the City Council passed Resolution No. 2022-003 stating its intent to establish the 5 In 5 Housing Infill Development Program (hereinafter "the Program"), including such incentives as low cost land sales and residential tax abatements, and adopting guidelines and criteria for the Program; and WHEREAS, in Resolution No. 2022-003, City Council designated an area within Reinvestment Zone 2020-1 (the "Program Area") as being eligible for the Program; and WHEREAS, on July 25, 2022, the City Council approved Resolution No. 2022-055 expanding the Program to allow properties immediately adjacent to the Program Area to be eligible to participate; and WHEREAS, on August 28, 2023, Council approved an agreement with Catalyst Commercial, Inc. for a Housing Assessment to determine particular housing needs in the city; and WHEREAS, although the Program has been very successful, and the city has entered into agreements with several developers under the guidelines thereof, on March 11, 2024, staff requested, and City Council agreed to, a 90 day moratorium for new agreements under the Program so that staff could review existing guidelines and incentives in light of the results of the Housing Assessment, which results were expected to be delivered within the moratorium period; and WHEREAS, on June 10, 2024, staff requested, and City Council agreed to, extend the moratorium for an additional 60 days due to the final report on the Housing Assessment's not having been delivered until towards the end of the original 90 day period; and WHEREAS, having reviewed the results of the Housing Assessment and taking into consideration the city's experiences with the workings of the Program to date, staff has presented revised Program criteria and guidelines for Council's consideration; and WHEREAS, City Council has reviewed the proposed revised guidelines andcriteria for the Program and find said revisions to be in the best interest of the city and its residents; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The City hereby amends the guidelines and criteria of the 5 in 5 Residential Infill Development Program in conformance with Exhibit A, attached hereto and incorporated herein by reference. Section 3. This resolution shall become effective from and after the date of passage. PASSED AND APPROVED this 26th day of August, 2024. Mihir Panka', Mayor yor ATTEST: '21,mice Ellis, Deputy City Clerk 10 P' OVD AS TO FORM: Stephanie H. Harris, City Attorney Exhibit A Is 1?4MT1 E X A S PL -FORM -0007 (rev 08/24) Improvements: Type improvements for new Construction (check one): Ci SF 0 2F LD MF Total Number of Dwelling Units: Estimated Value of Improvements by type: Estimated Start Date of Construction: Estimated Date of Completion of Project(s) n�m„mm,m, e_, ___ Description of Project (attach site plan, floor plan, etc.: Applicant's Signature: Date: Owner's Signature:._- _ _ Date: PL -INFO -0007 (rev 08/24) l ff 5 IN 5 HOUSING INFILL DEVELOPMENT PROGRAM GUIDELINES, CRITERIA & APPLICATION FORM CITY OF PARIS, TEXAS Revised August 2024 I. GENERAL PURPOSE AND OBJECTIVES The City of Paris, working with our local government partners, is seeking to provide a series of builder incentives designed to encourage new home construction for the purpose of neighborhood revitalization and the provision of work force housing. New home construction within the existing interior of the community can have a positive effect towards reinvestment in our neighborhoods by providing stability and enhanced character, as well as a means to expand our community's local labor force. Focusing on the existing interior of the City allows the builder to utilize existing infrastructure rather than the extension of costly streets and utilities in undeveloped lands at or beyond the urban fringe To achieve this purpose, the City will offer a series of incentives: 1. Where applicable, the City will provide low-cost residential lots in the Program Area in tax foreclosure city receivership. If a builder obtains properties through other traditional means within the Program Area, other incentives within this policy may apply. 2. The City will offer a three (3) to five (5) year residential tax abatement of City property taxes depending on housing type. 3. The City will offer reduced rates on building plan review and permit fees. 4. The City will offer reduced rates on labor charges on water and sewer tap fees. The city staff will work with interested builders to identify parcels from a pool of tax sale lots in trustee status to develop a list of properties that will be suitable for the construction of new dwelling units. This may consist of single-family, two-family, medium density, or high-density residences. Prior to any construction occurring from which the builder is seeking incentives; the builder will enter into an Agreement to be approved by the City Council for the new construction of residential dwelling units on one (1) or more parcels. Each of the dwelling units subject to the Agreement must be constructed under the terms of the agreement within five (5) years from the date of the Agreement, unless such deadline is extended by subsequent approval of the City Council. All parcels under the Agreement must be built upon within five (5) years to satisfy the terms of the Agreement. Failure to achieve this goal will result in certain claw backs as provided in the Agreement. All applications shall be considered on a first come, first serve basis. There will be no income guidelines under this program for occupants of the dwelling units, whether owner or renter occupied. In the event the applicant constructs a new dwelling unit and sells said unit, the tax abatement shall lapse and be terminated as to that parcel unless the City Council approves an assignment of the tax abatement agreement to the new owner.. Page i of 7 PL -INFO -0007 (rev 08/24) In order to further encourage local development, employment, and enhancement of our economy, to be eligible for incentives in this policy, building materials and fixtures used in the construction of new dwelling units, where possible, must be purchased locally within the City of Paris. II. DEFINITION Of TERMS Act - The Property Redevelopment and Tax Abatement Act, Texas Tax Code Ann. 312.001 et. seq., as amended from time to time. Agreement - A contractual agreement between an applicant and the City of Paris for the purposes of a 5 In 5 Housing Infill Development Program to include an economic development agreement pursuant to Chapter 380 of the Texas Local Government Code and a residential tax abatement agreement pursuant to the Act. Applicant - An owner, proposed owner, builder or authorized agent of the owner of eligible property seeking an agreement under this policy. Base Year Value - The assessed value of eligible property on January 1, preceding the date of execution. Eligible Property - Property located in the defined Program Area and Immediately Adjacent thereto, whether foreclosed on due to taxes or not. Also, property located outside the Program Area if foreclosed on due to taxes. immediately Adjacent Property — Property which lies immediately next to the boundary of the Program Area, including property across a street or intersection or located diagonally therefrom. New Structure - Residential improvements made to a property previously undeveloped or a vacant parcel which is placed into use by means other than by expansion or modernization without full demolition of an existing substandard or condemned structure. Program Area - An area depicted in Exhibit B of the approved resolution for the 5 In 5 Housing Infill Development Program, which area is wholly within the boundaries of Reinvestment Zone 2020-1 for the purpose of residential tax abatements. Residential Improvements - The construction of new residential structures and all the appurtenances thereto. This term includes single family, duplexes and multi -family structures. Value of Improvements - The appraised value of the Residential Improvements as determined by the Lamar County Appraisal District and as described in the Agreement. Ill. EUGIgILITYANDGUIDEIINES Real property is determined eligible under this policy as provided in the Definitions. If property is eligible, an Applicant may apply for an Agreement to receive incentives provided for in this policy. For tax foreclosed properties, all taxing jurisdictions shall be required to sign off on the low-cost land sale according to the provisions of State Law prior to transfer of the property to the applicant. Page 2 of 7 i S� m d T E X Ar S PL -INFO -0007 (rev 08/24) Where Texans Reach Mgher Minimum investment - To be eligible for residential tax abatement, an Applicant must construct a new structure or structures on the property parcel(s) identified In an Agreement between the applicant and the City. IV. Limitations: 1. Maximum of 10 dwelling units per agreement. 2. All projects must be at 80% completion prior to consideration of a new infill housing agreement. 3. Pre -Approved building pians may be accepted. 4. No zoning change unless there is a substantial change in neighborhood or compatible with the future land use map. Incentives Fater/Sewer tap fees Page 3 of 7 Inc,orithie liable Incentives mily duplex in le Fam inti-Famil 1! . ....._._.. ow -Cost Residential Lots '5 -' 3 Decreasing ax Abatement -year 100% 3 -year 100% -Year Year 1: 100% Year 2: 75% Fear 3: 50% used Building SOO 1009for sprnkled "100% Plan e ,uilding OR- �i0% non -sprinkled building Permit "100% forsprinkled 25% educed 100% Fees building ,OR - 50% non -sprinkled building educed rates on 25% 25%� 25% Fater/Sewer tap fees Page 3 of 7 PL -INFO -0007 (rev 08/24) ' I X ASS Where Texans Reach Higher Low -Cost Sale of Foreclosed Properties - As part of their agreement, an applicant may choose to purchase eligible properties that are in a state of tax foreclosure. These properties are strictly first come, first serve and the City makes no warranty on having available properties for this incentive. The City will work with the Lamar County, Paris Independent School District, and Paris Junior College to seek a low-cost sale of the foreclosed property, but the City can only guarantee a low cost of its share. Tax Abatement - An Applicant who has satisfied all the criteria and guidelines for the low-cost property sale and residential tax abatement as set out herein, will be eligible for a tax abatement on each parcel on which a dwelling unit or units are constructed and completed. The abatement will become effective on January 1st of the year following issuance of a Certificate of Completion following final construction inspection. As provided in the Act, a tax abatement may only be granted for the value of the Residential improvements which exceed the base year value of the property and which are listed in an Agreement between the City of Paris and the applicant, subject to such limitations as the City of Paris may require. The base value will be set as of January 1:t the year in which the Agreement is executed. Upon completion of construction, the Applicant shall provide a copy of all material and fixture purchase invoices to prove that those materials and fixtures were purchased locally within the City of Paris when possible. The tax abatement is available only for improvements made after the execution of the Agreement. The Agreement may not be approved by the City Council until at least thirty (30) days after notice of the consideration and possible action on the Agreement has been posted. Reduced Fees for Building Pian Review and Permitting - The Applicant will be entitled to reduced rates for building plan review and permit fees as referenced in the Incentive Table for all new dwelling units under agreement with the City. Reduced Fees for Water & Sewer Tap -The Applicant will be entitled to reduced rates for water and sewer tap fees, where required by the Public Works Department, as referenced in the Incentive Table for all new dwelling units under agreement with the City. Claw Back Provision - The Applicant who enters into an Agreement with the City of Paris shall construct new housing dwelling units on one (1) or more parcels within five (5) years from the effective date of the Agreement, or the City shall have the right to automatically take back any undeveloped parcel under the terms of the agreement and transfer of the property by all taxing entities. This shall be recorded with or as a part of the deed as a right of reversion for all uncompleted construction lots deeded under this agreement against the property. The Applicant may request approval of an extension for such failure to construct a new residential dwelling unit(s), based upon reasonable circumstances, as may be approved by the City Council under a subsequent revised agreement. Parcels under the agreement cannot be sold or assigned to another individual except by prior approval and re -assignment of the parcel(s) and approval of a new agreement by the City Council. Failure to meet the requirements of constructingthe agreed upon new dwelling -units within the five (5) year period will result in a reversion of all parcels upon which Residential Improvements have not been constructed and completed to the City and will result in the Applicant being ineligible to participate in this program in the future. As a further claw back provision, and in accordance with Texas Tax Code Sec. 312.205, the Agreement shall provide for recapturing property tax revenue lost as a result of the agreement if the owner of the Page 4 of 7 �8 "IXAS bNhere Texans Reach Higher PL -INFO -0007 (rev 08/24) property fails to make all the Residential improvements as provided in the Agreement regardless of how many dwelling units applicant builds. Compliance with all other City Requirements - The Applicant shall be fully responsible for compliance with all zoning, subdivision platting, and building code requirements as may specifically pertain to the subject parcel(s) under the approved Agreement. The applicant shall be fully responsible for all such costs which may include, but not be limited to: Zoning Changes, Special Use Permits, Variances, Platting and Surveying Costs, Plan Preparation, and Building Permit Fees. V. APPLICATION PROCEDURES Applications for an Agreement with the City shall be reviewed for completeness. incomplete Applications shall not be processed. City Staff shall determine whether the application satisfies guidelines and criteria, and Staff may request additional information or documents from Applicant. City Staff will make final recommendations on each application to the City Council. Any Applicant desiring approval of an Agreement shall comply with the following procedural guidelines. All applications shall be evaluated on their own merits within the parameters of these Guidelines and Criteria. 1. Preliminary Application Steps A. Applicant shall work with City Staff to identify eligible City Trustee or other parcels within the defined geographic area. City staff will provide a list and corresponding map from which City Trustee parcels may be reviewed. B. A notarized pre -approval letter must be attached to the application from Applicant's financial institution stating that the Applicant will have financial capital available to complete all new dwelling unit construction under the five (5) year Agreement with the City. Verification of such financial capability will be reviewed over the course of the Agreement. C. A complete legal description shall be provided with a copy of the current deed of the land, unless the parcel(s) are being transferred by deed without warranty by the City of Paris. D. Applicant shall complete all forms and information detailed above and submit all forms to the City of Paris Director of Planning and Community Development. 2. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. If necessary, applicant will meet with City staff to discuss details of the application and to prepare presentation of the application to the City Council. 3. The application shall designate whether the dwelling(s) to be constructed are to be retained for ownership or sold to another owner upon completion of construction. The applicant shall also provide an estimate of the value of improvements. 4. If an application for the 5 In 5 Housing Infill Development Agreement is to be recommended for approval by staff, then an Agreement as defined herein with the City of Paris will be prepared by the City Attorney for approval by the City Council. 5. if the Applicant's property is not found to be eligible, the application will be rejected. 6. The City Council reserves the right to amend these policies and guidelines as needed. Page 5 of 7 PL -INFO -0D07 (rev 08/24) VL LEGAL bOCUMENTATION PREPARATION The Director of Planning and Community Development and the City Attorney will be responsible for drafting the required Agreement in accordance with state law and this Policy. The legal document will include the following: 1. Estimated value of new structure or residential improvements to be constructed. 2. Total amount of value to be abated depending on the terms of the Agreement. 3. Effective date and the termination date of abatement. 4. Description of the Residential Improvements, schedule of completion, property description, all required City approval requirements and a platted lot site plan or sketch of the parcel(s) to be platted and developed. 5. Applicant agrees to make the new structure or residential improvements available for inspection by City of Paris, or its authorized representatives, and Lamar County Appraisal District (LCAD) during construction and upon completion of the project. 6. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture and administration. 7. A signed and notarized statement as an attachment to the application agreeing to construct the new dwelling units on one (1) or more parcels within five (5) years from the date of City Council approval of an Agreement, unless extended by the City Council, or consenting to allow the Cityto automatically take back the parcel(s) under the initial terms of an approved agreement. Page 6 of 7 PL -INFO -0007 (rev 08/24) IS TEXAS Where Texans Reath Higher 3. 4. _.. Description: Include as an attachment a full legal description Add additions! sheets d necessary. Full Legal or a cop iption with metes and y of the deed, if available. Improvements: Type improvements for new Construction (check one): ❑ SF ❑ 2F ❑ MF Total Number of Dwelling Units: Estimated Value of improvements by type .•--- Estimated Start Date of Construction:-•-•�•- Estimated Date of Completion of Project(s) Description of Project (attach site plan, floor plan, etc.):. _,_..............-.-.- Applicant's Signature: owner's Signature: Page 7 of 7 Date: Date: Item No. 14 Memorandum TO: Mayor, Mayor Pro -Tem & City Council FROM: Janice Ellis, City Clerk SUBJECT: ATTENDANCE OF CITY COUNCIL MEMBERS AT COUNCIL MEETINGS DATE: November 12, 2024 BACKGROUND: At the request of Mayor Pro -Tem Savage, an item was placed on the October 28 City Council agenda pertaining to attendance of City Council Members at Council meetings. Pursuant to Section 15 of the City Charter, Mayor Pro -Tem Savage specifically inquired as to interpretation of the attendance requirement because it was not defined. STATUS OF ISSUE: City Staff presented to City Council several options they could consider for creation of a policy. Following discussion, it was a consensus of City Council to not create a formal policy but to define "excused absences" and do so by a minute order. It was a consensus of City Council that: 1. Absences would pertain only to regular City Council meetings 2. Excused absences included being absent due to illness, family illness, work, and vacation 3. Council Members are to notify the City Clerk's Office when they are going to be absent, the City Clerk will notify the entire City Council and keep track of all absences and the reason. When a Council Member has three unexcused absences, the City Clerk's Office shall notify the Council Member. BUDGET: N/A RECOMMENDATION: Approve as written or make changes to items 1-3 above.