04-28-2025 Agenda PacketCITY COUNCIL AGENDA
Notice is hereby given that the City Council of the City of Paris shall meet in regular session
at 5:30 p.m. on Monday, April 28, 2025. 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 by audio and/or video conference, but the feed will be available to the
public during the meeting. If the meeting is live streamed, it will be available 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. Proclamation proclaiming the week of May 4, 2025, as Municipal Clerks Week.
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 meetings of April 14, 2025, and April 21, 2025 (special).
6. Receive reports and/or minutes from the following boards and commissions:
a. Paris Economic Development Corporation (3-18-2025)
b. Planning & Zoning Commission (3-3-2025)
c. Main Street Advisory Board (3-11-2025)
d. Tax Increment Reinvestment Zone (3-13-2025)
7. Receive March drainage report.
8. Receive demolition and code enforcement activity reports.
9. Approve a Drag Boat Race Event Agreement with Southern Drag Boat Association, LLC.
10. Approve a Drag Boat Race Event Agreement with Smoke on the Water, LLC.
11. Approve a Personal Watercraft Race Events Agreement with Nauti Water Racing.
12. Award the bid and approve an Agreement for Concrete Demolition and Construction
services with Richard Drake Construction in the amount of $333,650.00; and authorize the
City Manager to execute all necessary documents.
13. Approve a Resolution approving a Cost Sharing Agreement with Fikes Wholesale, LLC.
for street improvements to a portion of 7th Southwest Street.
Regular Agenda
14. Receive an update about the Loop Expansion Program.
15. Discuss, conduct a public hearing and act on a petition of Don Wilson on behalf of the
Evergreen Cemetery Association, Inc. for a zoning change from Agricultural (A) to
Commercial (C) in the City of Paris, Block 167, Part of Lot 1 (2.06 acres), LCAD 70476,
located in the 2100 Block S.E. 3`d Street.
16. Discuss, conduct a public hearing and act on a petition of Chance Floyd on behalf of APS
Rentals LLC for a zoning change from a One -Family Dwelling District No. 2 (SF2) to
Neighborhood Service (NS) in the City of Paris, Block 193, Lots 3-7, LCAD 17123, 17124,
17125, 17126 and 17127, located in the 1900 Block of Graham at N.W. 19th Street.
17. Discussion and consideration of a Resolution approving the form and authorizing the
Mayor to execute the "Reimbursement Agreement — Forestbrook Public Improvement
District No. 1" between the City of Paris, Texas and Lone Star Planned Developments,
LLC.
18. Receive presentation by the Fire Chief regarding the purchase of fire trucks and equipment
and possible financing options to facilitate the purchase and other matters related thereto.
19. Discuss, conduct a public hearing and act on a petition of Zachary Bergenholtz for a text
amendment to Exhibit 9B Zoning Ordinance 8-301 Planned Development (PD) District
Uses Permitted (10) (Applicant has withdrawn application).
20. Discuss, conduct a public hearing and act on a petition of Zachary Bergenholtz on behalf
of Linda and Johnny Miles for a Comprehensive Plan Amendment from Low Density
Residential (LDR) to Medium Density Residential (MDR) in the J.C. Miles Subdivision,
Block A, Lots 1-13 (5.139 acres) LCAD 129326, 129327, 17005, 129233, 129234,129236,
129237, 129238, 129239, 129240, 129241, 129242 and 129243 in the 1400 Block of S.E.
6`h at Sycamore Street (Applicant has withdrawn application).
21. Discuss, conduct a public hearing and act on a petition regarding the petition of Zachary
Bergenholtz on behalf of Linda and Johnny Miles for a zoning change from Two -Family
Dwelling District (2F) to a Planned Development (PD) in the J.C. Miles Subdivision, Block
A, Lots 1-13 (5.139 acres) LCAD 129326, 129327, 17005, 129233, 129234, 129236,
129237, 129238, 12939, 129240, 129241, 129242, and 129243 in the 1400 Block of S.E.
6th at Sycamore Street (Applicant has withdrawn application).
22. Discuss and act on a Resolution approving and authorizing an Economic Development
Agreement and Tax Abatement Agreement with Todd Stephens, pursuant to the 5 in 5
Housing Infill Development Program.
23. Receive quarterly demolition report from Code Enforcement.
24. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
25. Adjournment.
Certification
I certify that the above notice of meeting was posted on the bulletin board in the City Hall Annex, 150 First
St. SE, Paris, Texas and on the City's website at www.paristexas.gov, no later than 5:30 p.m. on April 25,
2025.
Janice Ellis, City Clerk
Special Accommodations
This facility is wheelchair accessible and accessible parking spaces are available. Requests for special
accommodations or interpretive services must be made forty-eight (48) hours prior to this meeting. Please
contact Janice Ellis at (903) 784-9248 orjellis@paristexas.gov for assistance.
Item No. 5
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
April 14, 2025
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
April 14, 2025, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas.
Present: Mayor: Mihir Pankaj
Mayor Pro -Tem: Gary Savage
Council Members: Shatara Moore, Mickey Ellis, Rebecca Nonnent,
Alix Putnam and Rudy Kessel
City Staff: Rose Beverly, City Manager; Rob Vine, Deputy
City Manager; Stephanie Harris, City Attorney;
Skylar Unger, Deputy City Clerk; Gene Anderson,
Finance Director; Randy Tuttle, Assistant Police
Chief; Osei Amo-Mensah, Director of Planning &
Community Development; Todd Mittge, City
Engineer; M.A. Smith, Director of Public Works;
Thomas McMonigle, Fire Chief, 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. A. Proclamation declaring the month of April as National Child Abuse Prevention Month.
Mayor Pankaj read the proclamation and presented it to representatives of the Child
Advocacy Center.
B. Recognition of firefighters and presentation of new badges to newly promoted officers.
Officers recognized and promoted were Captain Josey Francis, Captain Austin Bush,
Driver Engineer Logan Lane, and Driver Engineer Caleb Michael.
Regular Council Meeting
April 14, 2025
Page 2
C. Citizens' forum.
No one spoke during citizens' forum.
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 Council Member Norment and seconded by Council Member Moore. Motion carried,
7 ayes — 0 nays.
5. Approve minutes from the meetings of March 24, 2025, and April 8, 2025 (Special).
6. Receive reports and/or minutes from the following boards and commissions:
a. Paris Economic Development Corporation (1-21-2025)
b. Paris Visitors & Convention Council (2-24-2025)
c. Board of Adjustment (3-18-2025)
7. Ratify a Professional Services Agreement with Gene Anderson for accounting services.
8. Receipt of the February 2025 & March 2025 Financial Reports.
9. Approve RESOLUTION NO. 2025-017: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, AMENDING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PARIS AND THE COUNTY OF HOPKINS
CONCERNING THE NORTHEAST TEXAS AUTO THEFT TASK FORCE TO
ALLOW HOPKINS COUNTY SHERIFF'S DEPARTMENT TO FILL THE POSITION
VACATED BY THE NEW BOSTON POLICE DEPARTMENT; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING
AN EFFECTIVE DATE.
Regular Agenda
10. Conduct the first public hearing on the City's intent to disannex approximately 71.20
acres of land forming a portion of the current Southeastern boundary of the City located
along South of State Highway 271 South.
Ms. Harris explained that this was the first of two required hearings, and the next hearing
was published for a special meeting on April 21, 2025.
11. Conduct a public hearing, discuss and act on RESOLUTION NO. 2025-018: A
RESOLUTION OF THE CITY COUNCIL OF PARIS, TEXAS, APPROVING THE
SUBMISSION OF AN APPLICATION FOR AN EXTENSION OF A MOTOR
VEHICLE CRIME PREVENTION AUTHORITY (MVCPA) GRANT FOR
Regular Council Meeting
April 14, 2025
Page 3
CONTINUATION OF THE NORTHEAST TEXAS AUTO THEFT TASK FORCE;
APPROVING A CASH MATCH FROM THE CITY OF PARIS IN CONNECTION
WITH SAID GRANT EXTENSION; AUTHORIZING THE EXECUTION OF ANY
AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND
IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
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.
Assistant Police Chief Tuttle explained this was a continuation of the Motor Vehicle
Crime Prevention Grant for FY -2026. Council Member Putnam inquired the amount of the cash
match. Detective Cody Logsdon said the City's match was 2%.
A Motion to approve this item was made by Mayor Pro -Tem Savage and seconded by
Council Member Kessel. Motion carried, 7 ayes — 0 nays.
12. Discuss and act on cancelling or rescheduling of the May 26 City Council meeting.
Deputy City Clerk Skylar Unger said that the second meeting in May is sometimes
cancelled due to a holiday. She explained that May 26 was a holiday and inquired if Council
wanted to cancel the meeting (option 1) or reschedule the meeting to another day (option 2).
A Motion to cancel the meeting (option 1) was made by Mayor Pro -Tem Savage and
seconded by Council Member Ellis. Motion carried, 7 ayes — 0 nays.
13. Discuss Neighborhood Uniformity as it relates to the 5 -In -5 Housing Program; and
provide direction to Staff.
Director of Planning & Community Development Osei Amo-Mensah gave a short
presentation reviewing the current program guidelines, and said the guidelines of the program
did not currently address Neighborhood Uniformity. He explained this was a concept that
applied to infill programs to create an orderly character of each zoning district to present a unique
appearance.
Council Member Putnam expressed concern about not constructing homes that were in
design conformance with other homes in the neighborhood.
City Attorney Stephanie Harris said the simplest way to accomplish this was to make
minor changes to the existing 5 -in -5 program because it would be difficult to come up with
design standards for all to comply. Council Member Putnam said they needed to come up with
something but maybe not as rigid as HPC. Building Official Duke McGee said the construction
materials would be easier than the look of a house. Mayor Pro -Tem Savage said this was not the
spirit of the program and that allowing duplexes changed the neighborhoods. Council Member
Norment said these guidelines would protect the neighborhoods with integrity. Council Member
Regular Council Meeting
April 14, 2025
Page 4
Kessel agreed with Mayor Pro -Tem Savage. Mayor Pro -Tem Savage said they needed to do
something because he saw one 5 -in -5 structure that looked like a shed. Council Member Putnam
said that is the one that made her bring this up and that lots were being sold for $1.00. Council
discussed square footage requirements, pitch of roofs, flat roofs, landscaping and getting with
developers. Mayor Pro -Tem Savage it would be great if Staff could figure something out and
bring back to Council Ms. Harris said she could revise the guidelines.
14. Discuss a city-wide Rental Home Inspection Program; and provide direction to staff.
Building Official Duke McGee said there was currently no enforcement mechanism or
standard policy for city wide rentals. He reviewed key reasons as to why inspections were
important and stated that a large percentage of complaints received were about life safety issues
or substandard living conditions in rental units.
Mayor Pankaj suggested they look at other communities and come up with a solution.
City Council discussed frequency of inspections, who would be responsible for paying the
inspection fee, the time it would take for staff to do this, and targeting rentals as opposed to every
house. Council Member Norment said a person who owned their own home was not going to
live in a sub -standard home. Mayor Pro -Tem Savage questioned whether or not they wanted to
insert themselves in private matters.
City Manager Rose Beverly said good landlords would not mind a program like this
because it helps them, and that she would prefer to use a third -party inspector. Mayor Pro -Tem
Savage said they could ramp up code enforcement on sub -standard homes but perhaps only on a
complaint basis. Mr. McGee said it was complaint based at this time. Mayor Pankaj suggested
staff look at other cities and come back with pros and cons.
15. Receive update on special projects to be funded out of the $400,000.00 received from the
Solar Farm Disannexation Project.
Deputy City Manager Rob Vine said after the March 24 City Council meeting, Staff
narrowed the list but believed that they could narrow the list more if allowed to bring this back
in May.
Council Member Putnam inquired if the HOT funds had been identified, specifically the
use for a parks and recreation plan such as a design company to look at existing parks. Mr. Vine
said it would cost around $120,000.00 and asked if she wanted it added to the list. Council
Member Putnam answered in the affirmative. Council Member Moore inquired if anything on
the list was on the west side of town. Mr. Vine said they purposely picked amenities and not
areas. Council Member Moore wanted to know if they could add something. Mayor Pankaj said
if anyone knew of anything to let Staff know. Council Member Norment wanted to know how
much HOT money was brought in each year. Mr. Vine said approximately $49,000.00 annually.
Council Member Norment inquired about the amount in reserves. Mr. Vine said approximately
$515,000.00. City Attorney Stephanie Harris said HOT funds must be used for certain things,
like "heads in beds." Council Member Putnam said she got asked all the time if Paris would
Regular Council Meeting
April 14, 2025
Page 5
ever host any large sporting events. Mayor Pro -Tem Savage said they should use the funds on
the fuel farm. It was a consensus for Staff to bring back an updated list on May 12th
16. Discuss the status and plans for sanitation trucks previously operated in the City's
sanitation services department.
Public Works Director Michael Smith said Mayor Pro -Tem Savage requested this item.
He reviewed the eight sanitation trucks, including model, make and condition of each truck. He
recommended that the City keep the 2023, 2020 and 2018, and the remainder be sent to auction.
Mr. Smith said each truck should average $10,000 to $15,000 each.
Mayor Pro -Tem Savage said he was glad they still had value, and the City should auction
them as recommended.
17. Discuss and act on RESOLUTION NO. 2025-019: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING DAMON ANDERSON
AS THE COX FIELD AIRPORT MANAGER/FIXED BASED OPERATOR AS
RECOMMENDED BY THE CITY MANAGER IN CONFORMANCE WITH
SECTION 10.04.003 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS,
TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
City Manager Rose Beverly said Airport Manager Paul Strahan's last day was April 4th,
and that City Staff interviewed three qualified applicants for the position. Ms. Beverly introduced
Damon Anderson and asked that City Council confirm Mr. Anderson's appointment as airport
manager/fixed based operator. Mayor Pro -Tem Savage inquired about the pay and Ms. Harris
said his position was on the adopted pay scale.
A Motion to confirm the appointment of Damon Anderson was made by Council Member
Kessel and seconded by Council Member Norment. Motion carried, 7 ayes — 0 nays.
18. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
Mayor Pankaj said The City of Paris EMS was hosting Kids Safe Saturday, from 9:00 a.m. to
1:00 p.m. on May 3rd at the Love Civic Center. He said for a full list of events happening in Paris, please
get online and plug into VisitParisTexas.
Mayor Pro -Tem Savage said he would like to see a short-term rental presentation on Air
B -n -Bs. Council Member Putnam asked that Council receive a presentation on the TxDOT Loop
Expansion Project. City Manager Rose Beverly reminded everyone of the April 28 workshop.
19. Adjournment.
There being no further business, a Motion to adjourn was made by Mayor Pro -Tem
Savage and seconded by Council Member Putnam. Motion carried, 7 ayes - 0 nays. Mayor
Pankaj adjourned the meeting at 7:17 p.m.
Regular Council Meeting
April 14, 2025
Page 6
MIHIR PANKAJ, MAYOR
SKYLAR UNGER, DEPUTY CITY CLERK
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
April 21, 2025
The City Council of the City of Paris met for a special session at 5:30 p.m. on Monday,
April 21, 2025, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present: Mayor
Mayor Pro -Tem:
Council Members
Mihir Pankaj
Gary Savage
Mickey Ellis and Alix Putnam
City Staff: Rose Beverly, City Manager; Rob Vine, Deputy
City Manager; Stephanie Harris, City Attorney;
and Janice Ellis, City Clerk
Absent: Council Members: Shatara Moore, Rebecca Norment and Rudy
Kessel
Call meeting to order.
Mayor Pankaj called the meeting to order at 5:30 p.m.
2. Citizens' Forum.
No one spoke during citizens' forum.
3. Conduct the second public hearing on the City's intent to disannex approximately 71.20
acres of land forming a portion of the current Southeastern boundary of the City located
along and South of State Highway 271 South.
City Attorney Stephanie Harris explained that this was the second of two required public
hearings. She said an ordinance would be on the Council's agenda for May 12 to consider the
applicants' request for disannextion.
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.
4. Adjournment.
There being no further business, a Motion to adjourn was made by Mayor Pro -Tem
Savage and seconded by Council Member Ellis. Motion carried, 4 ayes - 0 nays. Mayor Pankaj
adjourned the meeting at 5:33 p.m.
MIHIR PANKAJ, MAYOR
JANICE ELLIS, CITY CLERK
Item No. 6
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PARIS ECONOMIC DEVELOPMENT CORPORATION
MONTHLY MEETING
Paris City Council Chambers
107 East Kaufman St.
Paris, Texas 75460
Tuesday, March 38, 2025
5:30 P.M.
MINUTES
Board Members Present:
Josh Bray, Chairman
Curtis Fendley, Vice Chairman
Chase Coleman, Secretary/Treasurer
Dr A.J. Hashmi
Erik Roddy
Mark Homer
Stephen Terrell
Ex -Officio Members Present:
Rebecca Norment, City Council Liaison
Staff Present:
Maureen Hammond, Executive Director
Adam Cawthon, Executive Assistant
Sarah Moore, Project Coordinator
Legal Council:
Casey Gain, PEDCAttorney
Guest(s) Present:
Rob Vine, Deputy City Manager
Osei Amo-Mensah, Director of Planning &
Community Development
Brittany Martin, McClanahan & Holmes
Wesley Woodard, McClanahan & Holmes
Dan Perry, TxDOT
Call to Order
Chairman Josh Bray called the monthly board meeting of the Paris Economic Development Corporation
to order at 5:30 p.m. on Tuesday, March 18, 2025.
Invocation
Mr. Roddy gave the invocation.
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Welcome and Opening Remarks
Chairman Bray opened by expressing appreciation to everyone in attendance. He noted that the Board
would need to adjust the order of the agenda items throughout the meeting.
Citizens' Input,
Chairman Bray invited those present to speak during the Citizens' Input. No one came forward, and
Chairman Bray closed citizens' input.
Chairman Bray took a motion to move agenda item 10, Convene into Executive Session, to the next
agenda item for discussion. Mr. Coleman made a motion to adjust the agenda as noted. Dr. Hashmi
seconded the motion. Vote 7 -ayes to 0 -nays
Convene into Executive Session:
Pursuant to Section 551.087 of the Texas Government Code to
1) discuss or deliberate regarding commercial or financial information that the governmental
body has received from a business prospect that the governmental body seeks to have to
locate, stay, or expand in or near the territory of the governmental body and with which
the governmental body is conducting economic development negotiations; or
2) to deliberate the offer of a financial or another incentive to a business prospect described
by Subdivision (1), to wit:
a) Project Blue Fire
b) Project Fancy Dirt
c) Project Bright lights
Pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the
purchase, exchange, lease, or value of real property.
Chairman Bray convened the Board into Executive Session at 5:32 p.m.
Reconvene into Oven Session and Consider Action on Item(sJ Discussed in the Executive Session
Chairman Bray reconvened the Board into an Open Session at 6:01 p.m.
Mr. Fendley made a motion to authorize Ms. Hammond to enter into discussions and execute a 120 -Day
Option Agreement with the land owner discussed in Executive Session. Dr. Hashmi seconded the
motion. Vote 7 -ayes to 0 -nays
Mr. Coleman and Dr. Hashmi exited the meeting at 6:02 p.m.
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Chairman Bray took a motion to move agenda item 7, Discuss and Consider Approval of the 2023-2024
Audit Report as Presented by Brittany Martin, CPA of McClanahan and Holmes, to the next agenda item
for discussion. Mr. Homer made a motion to adjust the agenda as noted. Mr. Roddy seconded the
motion. Vote 5 -ayes to 0 -nays
Discuss and Consider A royal of the 2023-2024 Audit Re ort as Presented b Brittan Martin„ CPA of
McClanahan & Holmes
McClanahan & Holmes CPA Brittany Martin presented the 2023-2024 Audit Report to the PEDC Board.
As of September 30, 2024, total assets came to $10,784,381. The total liabilities amounted to
$1,063,251. The total net position was $7,629,256. Following Ms. Martin's presentation, Mr. Bray
opened the floor to questions. Mr. Roddy asked a question regarding the PEDC's available cash funding
for use. Ms. Martin noted that the PEDC's total available cash was not directly reflected on her report
and that she could provide this total at a later date.
Mr. Bray took a motion to accept the report. Mr. Roddy made a motion to accept the 2023-2024 Audit
Report as presented. Mr. Terrell seconded the motion.
Vote: 5 -ayes to 0 -nays
Chairman Bray took a motion to move agenda item 8, Presentation on Planned and Proposed
Transportation Projects for Paris and Lamar County by Dan Perry, Director of Transportation Planning
and Development for the Paris District of TxDOT, to the next agenda item for discussion. Mr. Homer
made a motion to adjust the agenda as noted. Mr. Terrell seconded the motion. Vote 5 -ayes to 0 -nays
Presentation on Planned and Propose Trans ortation Pro'ects for Paris and Lamar Count b Dan,
Perry, Director of Transportation Plannin and Develo ment for the Paris District of TxDOT
Dan Perry, Director of Transportation Planning and Development for the Paris District of TOOT, began
his presentation on planned and proposed transportation projects for Paris and Lamar County by
reporting on traffic safety concerns. He elaborated on the contributing factors related to traffic
fatalities, noting speeding and DUls to be the primary cause of accidents in the Lamar County area. Mr.
Homer asked a question regarding the percentage of recent DUI related fatalities compared to prior
years. Mr. Perry provided response, noting that the percentage of DUI related accidents has steadily
increased since 2018.
Mr. Perry continued his presentation with a detailed explanation of current traffic projects that are
being considered for Loop 286 and the surrounding highways connected to Paris. These projects are as
follows:
Expansion of Loop 286
Expansion of Highway 82 West
Expansion of Highway 271 South
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Mr. Perry noted that detailed explanations of all projects are available on the Texas Department of
Transportation website.
Mr. Perry opened the floor to questions regarding his presentation. Mr. Roddy asked a question
regarding the funding of the expansion of Highway 82 West and Highway 271 South. Mr. Perry noted
that the Highway 82 West project is approximately $30 million short of being funded and the Highway
271 South project is approximately $80 million short of being funded.
Mr. Bray asked Mr. Perry to elaborate on the projected timelines for each project. Mr. Perry provided
response, noting that the Northeast Loop 286 and Highway 82 West projects are projected to start in
year 2027 and that the Highway 271 South project is projected to start in year 2028.
Mr. Homer asked a question regarding the trucking traffic counts for Highway 82 West compared to
Highway 271 South. Mr. Perry noted that the percentage of trucking traffic for Highway 271 South is
approximately 33% and the percentage of trucking traffic for Highway 82 West is approximately 30%.
Mr. Homer asked a follow-up question regarding the projected trucking traffic within 10 years. Mr. Perry
noted that projections for future trucking traffic in the Lamar County area are largely contingent on
improvements to Highway 271 leaving Tyler, Texas. He expressed that if improvements to Highway 271
are made, trucking traffic into Lamar County is projected to increase.
Mr. Roddy asked a question regarding the timeline for resurfacing Lamar Avenue. Mr. Perry noted that
he did not have access to the timeline of the project and that this information could be provided to the
Board at a later date. There were no further questions.
Mr. Perry concluded his report on the planned and proposed transportation projects for Paris and Lamar
County by thanking the Board for the opportunity to present. Mr. Bray thanked Mr. Perry for his time
and the update to the Board.
Discuss and Consider Approval of the Januar 21 2025 Meetin Minutes
Chairman Bray presented the January 21, 2025, meeting minutes for review and discussion.
Mr. Homer made a motion to approve the minutes as presented. Mr. Roddy seconded the motion.
Vote: 5 -ayes to 0 -nays
Discuss and Consider A , roval of the Janua and Februa 2025 Financial Statements
Executive Director Maureen Hammond presented financial reports ending January 31, 2025. Total assets
were reported to be $10,144,435. Total liabilities were reported to be $2,061,641, leaving the PEDC with
a total net position of $8,082,794. She elaborated on the PEDC's assets, reporting that the total cash had
been adjusted to reflect a reimbursement from the Treasury Department on the EDA Grant account of
approximately $588,000. Ms. Hammond continued with the income statement for the month, citing the
reported total revenue as $180,726. She concluded the financial report for the month of January by
presenting total expenditures and net income for the month.
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Ms. Hammond continued her report by presenting financial reports ending February 28, 2025. Total
assets were reported to be $10,249,302. Total liabilities were reported to be $2,051,333, leaving the
PEDC with a total net position of $8,197,969. Ms. Hammond continued with the income statement for
the month, citing the reported total revenue as $248,967. She concluded the financial report for the
month of February by presenting total expenditures and net income for the month.
Ms. Hammond concluded her financial report by noting that year-to-date incentive payments had been
released to Universal Fabricating and Rodgers Wade. She opened the floor to questions regarding the
January and February financial reports. There were no questions.
Mr. Fendley made a motion to approve the financial statements as presented. Mr. Roddy seconded the
motion.
Vote: 5 -ayes to 0 -nays
Discuss and Consider Action on Stratg is Planning
Executive Director Maureen Hammond reminded the Board of past conversations involving developing a
5 -to -10 -year strategic plan. She noted that over the last couple of months, that idea has gained
momentum. Ms. Hammond stated that during recent discussions with Council Members, Chairman Bray
introduced the concept of the PEDC and City holding a joint planning session. Mayor Pankaj has
broadened that idea and reached out to several key entities, including the PEDC, PJC, Visit Paris, and the
County, regarding the possibility of participating in a joint community -wide strategic plan. Ms.
Hammond stated that the goal would be to establish a unified framework that aligns our vision for the
next 5 to 10 years and highlights areas of collaboration.
At this point, Ms. Hammond provided examples, noting that past conversations have involved updating
entryway signs into Paris and the potential collaboration on infrastructure updates to the Cox Field
Airport. Hammond stated that while these conversations were beneficial, they often did not progress
beyond the point of conversation. She expressed that a strategic and implementation plan would allow
critical community entities to come together, identify areas of collaboration, and establish clear
accountability on projects. She noted that the financial commitment to develop a community -wide
strategic plan would include shared costs.
Ms. Hammond continued adding that the PEDC has already adopted a 2 -year Plan of Work outlining
both short-term and long-term goals. She stated that a community -wide strategy seems to be a natural
extension of this plan, especially since the PEDC's success is deeply intertwined with key factors outside
of its control such as housing, education and workforce training, quality of life initiatives, infrastructure,
and more.
Ms. Hammond concluded her report by indicated that the Mayor has suggested Summer 2025 as a
potential time to hold the strategic planning meeting between all entities. She opened the floor to
discussion regarding the strategic planning meeting.
Page 5 of 6
sir
6� ISTEXAS
There was general consensus to move forward and participate in a community -wide strategic planning
process. Mr. Fendley suggested the selection of representatives for each entity to participate in the
meeting. Mr. Bray noted that it would be beneficial to schedule a meeting of the PEDC Board to discuss
the PEDC's two-year Plan of Work prior to scheduling the strategic planning meeting. Mr. Fendley
suggested May as a potential option for scheduling. Ms. Hammond closed discussion regarding the
strategic plan by stating that the PEDC office would consider dates during the month of May for
scheduling.
Discuss Future Aizenda Items
Chairman Bray opened the floor to discuss future agenda items. No items were brought forward for
discussion.
Closing Remarks
None
Adiourn
Mr. Fendley made a motion to adjourn the meeting. Mr. Homer seconded the motion.
Vote: 5 -ayes to 0 -nays
Chairman Bray declared the meeting adjourned.
The meeting was adjourned at 6.45 p.m.
Respectfully submitted,
Adam Cawthon
Executive Assistant
Paris Economic Development Corporation
Page 6 of 6
MINUTES OF THE PLANNING & ZONING COMMISSION MEETING
OF THE CITY OF PARIS, TEXAS
MARCH 03, 2025
The Planning & Zoning Commission of the City of Paris held a regular meeting at 5:30 p.m. in the
City Hall, Council Chambers, 107 East Kaufman, Paris, Texas.
Board Members Present: Adam Bolton, Chance Abbott, Clifton Fendley, Paula
Portugal, Larry Walker, Robert Spain, Chad Lindsey
City Representatives: Osei Amo-Mensah, Director Planning & Community
Development; Triniti Frazier, Planning Technician; Todd
Mittge, City Engineer; Clyde Crews, Fire Marshal;
Stephanie Harris, City Attorney; Rose Beverly, City
Manager; Rudy Kessel, Council Liaison
Board Member(s) Absent: NIA
1. Chairman Clifton Fendley called the meeting to order at 5:30 p.m.
2. Citizens' forum.
(Persons desiring to address the Planning and Zoning Commission must limit their presentation to no more than two
minutes. Unless an item is posted on the Agenda, the Texas Open Meetings Act prohibits the Commission from
responding to any comments other than to refer the matter to a future agenda, to an existing policy, or to a staff person
with specific factual information. Claims against the City, Council Members, or employees, as well as individual personal
appeals are not appropriate for the citizens' forum.)
The citizens forum was declared open. Andrew Mack, Planning Consultant for Zachary
and Stephen Bergenholtz/Invest Lamar LLC distributed a handout to the commissioners
regarding the JC Miles tract in SE Paris off Sycamore Street for a compact development.
Mack states that unfortunately this is a one-way dialogue of the citizens forum but would
like to share their plans of a single-family subdivision consisting of forty-one homes.
Mack further states they will be seeking a variance from the Board of Adjustment in April
and then come back to P&Z to ask for rezoning. The project does not meet the current
ordinance so they will apply for a text amendment and Planned Development. With no one
else speaking the forum was declared closed.
3. Approve minutes from the meeting of February 03, 2025.
A motion to approve the minutes was made by Board member Chance Abbott and seconded
by Board Member Adam Bolton. Motion carried, 7 ayes — 0 nays.
4. Consideration of and action on the Preliminary Plat of the Brakes Plus Addition, Lot 1,
Block A, LCAD 13289, located at 4225 Lamar Ave.
Todd Mittge this is a plat is for an auto brake facility directly adjacent to the Paris
Celebration site on Lamar. Staff recommends approval with light conditions.
A motion to approve the preliminary plat with conditions was made by Board member
Chad Lindsey and seconded by Board Member Larry Walker. Motion carried, 7 ayes -- 0
nays.
Consideration of and action on the Preliminary Plat of the Shine in Paris Addition, Lots 1
& 2, LCAD 17943, 17944, 102125 located in the 2500 Block of Lamar Ave.
Todd Mittge states this is a preliminary plat to build a restaurant and future mixed-use
structures. Staff recommends approval with conditions. Paula Portugal asked which side
of the road this site is located. Mittge states this is on the south side of the road next to
the fire station across from Dairy Queen, Robert Spain asked if this is the site where
drainage issues have been discussed. Mittge states this will be in two phases with the
restaurant being in the first phase with a retention pond. The second phase will drain to
the south and that is not designed yet.
A motion to approve the preliminary plat with conditions was made by Board member
Chance Abbott and seconded by Board Member Adam Bolton. Motion carried, 7 ayes —
0 nays.
6. Consideration of and action on the Final Plat of the Shine in Paris Addition, Lot 1, PT of
LCAD 17943 and 17944, located in the 2500 Block of Lamar Ave.
Todd Mittge states there is nothing additional on this other than signatures blocks as a
condition.
A motion to approve the final plat with conditions was made by Board member Adam
Bolton and seconded by Board Member Paula Portugal. Motion carried, 7 ayes -- 0 nays.
7. Consideration of and action on the Preliminary Plat of the Magnolia Corner Addition,
Lots 6R & 7R, Block 115, LCAD 400174, 15888, 15887, located in the 400 Block of SE
8th Street.
Todd Mittge states this preliminary plat is for construction of three duplexes. Staff
recommends approval with conditions including ensuring that 50 feet of right-of-way is
present on Sherman and 8' Street SE. Adam Bolton was recused from this item.
A motion to approve the preliminary plat with conditions was made by Board member
Chad Lindsey and seconded by Board Member Chance Abbott. Motion carried, 6 ayes —
0 nays with 1 recused.
8. Consideration of and action on the Final Plat of the Magnolia Corner Addition, Lots 6R
& 7R, Block 115, LCAD 400174, 15888,15887, located in the 400 Block of SE 8th
Street.
Todd Mittge states there is nothing further on this and staff is recommending approval
with conditions. Adam Bolton was recused from this item.
A motion to approve the final plat with conditions was made by Board member Chad
Lindsey and seconded by Board Member Larry Walker. Motion carried, 6 ayes — 0 nays
with 1 recused.
9. Consideration of and action on the Preliminary Plat of the Paris Star Properties Addition
CB 319, Lots 1 and 2, Block A, LCAD 50167 and 104799, located in the 1900 Block of
FM 195.
Todd Mittge states this is a plat to build a doctor's office facility from an existing
residential structure that is zoned General Retail. The zoning is appropriate for a doctor's
office. Staff recommends approval with noted condition.
A motion to approve the preliminary plat with conditions was made by Board member
Chad Lindsey and seconded by Board Member Adam Bolton. Motion carried, 7 ayes — 0
nays.
10. Consideration of and action on the Final Plat of the Paris Star Properties Addition CB
319, Lots 1 and 2, Block A, LCAD 50167 and 104799, located in the 1900 Block of FM
195
Todd Mittge states Staff recommends approval with condition that the finish floor
elevation of the existing residential structure be shown on the final plat.
A motion to approve the final plat with conditions was made by Board member Chad
Lindsey and seconded by Board Member Larry Walker. Motion carried, 7 ayes — 0 nays.
IL Consideration of and action on the Final Plat of the Henderson Place Addition CB 98,
Lots 1-7, Block A, LCAD 15470, located at NW 7th & Henderson Street.
Todd Mittge states staff recommends approval of the final plat with one condition that all
conditions of the preliminary plat be fulfilled.
A motion to approve the final plat with conditions was made by Board member Chad
Lindsey and seconded by Board Member Larry Walker. Motion carried, 7 ayes — 0 nays.
12. Request items for future agendas.
No items requested at this time.
13. Adjournment.
There being no further business, the meeting was adjourned at 5:44 p.m.
APPROVED THE 7t" DAY OF APRIL 2025, l „
Chairperson
�.
MINUTES OF THE MAIN STREET ADVISORY BOARD
PARIS CITY COUNCIL CHAMBERS 107 E. KAUFMAN PARIS TEXAS 75460
TUESDAY March 11 2025
Present: Board Members: Glee Emmite, Will Walker, Melissa Jones, Kim Kalina, Mary
Hart, Kevin Moore, Tyrone Hayden, Alix Putnam (city council)
City Representatives: Cheri Bedford, Main Street Manager
Rose Beverly, City Manager
Rob Vine, Deputy City Manager
Chairman Emmite called the meeting to order at 4:32pm by reading the board's vision and mission
statements.
1. Citizen forum: none.
2. Review minutes from the February meeting:
A motion was made to approve the February meeting minutes by Moore. Motion was seconded by
Walker. 7 ayes, 0 nays. Motion passes.
3. Committee Reports
a. Walker reported that the District App is shutting down.
b. Kalina reported that she has diligently made social media posts regarding Paris Winefest.
c. Hart reported Paris Arts Movement committee will meet again this month to discuss progress. The
Paris Poetry Society will begin meeting monthly (first Monday) on April 7, 2025 at 7:30pm at the
Plaza Art Gallery. Three Murals to be installed in the burnout across from Rosewood Eatery are
underway. As well, five artists have been secured to display and do live demos during Winefest.
Nine additional murals will be installed at the new Art Parc by the Art Alliance on May 3rd.
d. Moore has been working on the Winefest VIP Event venue, and is lining out the details using Greg
Kee's notes and Emmite's talking points from last year's successful event.
e. Jones reported that 6 musicians have been secured for strategic Winefest walking zones.
f. Hayden reported that all 10 food vendors have been confirmed.
g. Emmite reported that 10 wineries have been secured. In regards to PDA, as 2 businesses are
leaving and 3 new businesses are joining (One More Chapter, Rocking E Moving, and Hydrangea
Home) membership fees are currently due. She stated that she is working with M. Gorley to create
an updated downtown map (for hotels, etc.) and will seek financial help from PDA and LCCC.
Also suggested, next year, the winery information form needs to request social media handles, in
order to correctly tag them in posts. Putt Putt Golf will be in downtown businesses this weekend.
h. Chamber representative, Dougherty, was unable to attend but sent a note to report that Paris Rio
Fest and Archers for Christ Archery Shoot Out are the March events.
4. Brief Overview of the 2018 Comprehensive Plan as it relates to down.
a. Bedford showed the board how to access Attachment A (Traffic management, Art Parc, Mural
Updates) and Attachment B (Streets, Parking and Traffic). She then stated a long list of what they
have already accomplished including, but not limited to, providing parallel parking, expansion
around the fountain, narrowing streets, stop sign study and sidewalk repair. A 1 st Street redesign
project is in the works. There has been discussion around the benefits/costs of a Farmers Market
concept including 2 -way streets with a bike lane connecting to the Trail de Paris.
5. Coordinators Report
a. Farmers Market: All forms have been updated. A new vendor meeting was held discussing rules
and regulations. The beautiful pavilion is complete. Thank you to Traffic Dept. for delivering
mural boards and greens for golf event. Parks Dept. is doing a great job maintaining the Plaza.
Plans to add colorful flowers to Plaza this spring. Thanks to Walker for getting drama students to
canvas downtown businesses for updated information to update the DowntownTX site. Imagine the
Possibilities tour will be held May 17, 2025 showcasing two properties for sale. 26 NE 2nd
(American Legion) and 4 N. Plaza (Remember When). Much has been done for Paris Winefest in
the way of promotion. 75 tickets have been sold to date. Mural designs to be installed in the
historical district will be reviewed by HPC for approval tomorrow.
6. Kalina made a motion to adjourn the meeting. Hart seconded. Motion passed. Board adjourned at 5:28
p.m.
Next meeting will be April 8, 2025.
µ
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Chairman
MINUTES OF THE REGULAR MEETING FOR
TAX INCREMENT REINVESTMENT ZONE `TIRZ, BOARD
PARIS TEXAS
CITY COUNCIL CHAMBER 107 E. KAUFMAN ST PARIS TEXAS
THURSDAY MARCH 13,202
4:00 O'CLOCK P.M.
Members present: Cody Head, Chairman; Miles Mathieu, Vice -Chairman; Thomas
McMonigle, Secretary; Maureen Hammond, Reeves Hayter, Pam
Norwood, and Dillon Cecil
City Staff: Rose Beverly, City Manager; Rob Vine, Deputy City Manager; Osei
Amo-Mensah, Director of Planning and Community Development;
Stephanie Harris, City Attorney; Skylar Unger, Deputy City Clerk;
and Cheri Bedford, Main Street Coordinator
1. Call meeting to order.
Chairman Head called the meeting to order at 4:02 P.M.
2. Citizens' input.
No one came forward during citizens' input.
3. Approve minutes from the Special meeting on February 12, 2025.
A Motion to approve the minutes as presented was made by Mr. Mathieu and seconded by Mr.
McMonigle. Motion carried 7 ayes — 0 nays.
4. Approval and Ratification of 2022 Lionshead Paris, LLC Tax Abatement and 2024 Amendment thereto.
Ms. Hammond stated that due to her position and employment with the PEDC, she would be abstaining
from voting on this item.
City Attorney Stephanie Harris explained that The City Council created Tax Increment Reinvestment
Zone Number One (TIRZ No. 1) to benefit development in the downtown area of the city. Texas Tax
Code Section 311.0125 requires that any tax abatement agreement granted within the Zone must be
approved by both the governing body and the TIRZ board of directors. Ms. Harris also stated that in 2022,
the City Council granted Lionshead Paris, LLC a tax abatement agreement for the construction of its new
wheel and tire assembly plant. In September of 2024, the City Council granted Lionshead an amendment
which moved the start date of the abatement period forward due to construction delays caused by the
Covid-19 pandemic and related supply chain issues. Neither the original agreement nor the amendment
was brought before the TIRZ board for approval. She explained that it is advisable that the board do so
now to complete the approval process required by statute.
Mr. Hayter asked for clarification on when the first year of collection would be on the abatement with the
amendment. Ms. Harris stated that year one would start in January 1, 2025 if construction was completed
in 2024.
A Motion to Approve and Ratify the 2022 Lionshead Paris, LLC Tax Abatement and the 2024 Amendment
Page l of 3
thereto was made by Mr. Hayter and seconded by Mr. Mathieu. Motion carried 6 ayes — 0 nays with Ms.
Hammond abstaining.
5. Discuss and approve the FY 2023-2024 Annual Report for TIRZ No.l.
Ms. Harris stated that Texas Tax Code Section 311.016 requires that the governing body of a taxing entity
creating or participating in a TIRZ must file an annual report with the Texas Comptroller's office. She
said the attached report reflects revenues in the fund as of September 30, 2024, and it is her understanding
that the fund has received its tax revenues for 2024/2025, but those are not reflected in this report as they
were received after the end of the fiscal year. Should the board approve the annual report, Ms. Harris will
submit it to the City Council for approval, and once approved by City Council, she will submit it to the
Comptroller's Office through the online reporting portal.
Chairman Head inquired whether the report had been filed previously, and Ms. Harris confirmed that it
had. Ms. Norwood raised a question regarding a numerical discrepancy in the fiscal year portion of the
"introductory paragraph. Ms. Harris acknowledged the error and stated she would correct it to read "ending
September 30, 2024." Mr. Mathieu also identified an extra zero in a figure, and Ms. Harris confirmed she
would make the necessary correction. Mr. Hayter requested clarification on the phrase, "the captured
appraised value shared by the municipality and other taxing units." Ms. Harris responded that she would
verify the amounts with Finance Director Gene Anderson and stated that if the board preferred to wait
until all corrections were made before approving the report, she had no objections.
Following further discussion, a Motion to approve the FY 2023-2024 Annual Report for TIRZ No.l
subject to the amendments mentioned was made by Ms. Hammond and seconded by Ms. Norwood.
Motion carried 7 ayes — 0 nays.
6. Discuss the current Finance Plan.
Director of Planning and Community Development, Osei Amo-Mensah, requested that the board review
the current Finance Plan and notify staff of any revisions or updates they would like to see. Chairman
Head noted that under Item 6, "Total Project Cost," the figure listed is based on 2020 data and may need
to be updated. Ms. Hammond asked for clarification regarding what action was being requested of the
board. In response, Ms. Harris explained that the purpose of the discussion was to gauge the board's
direction in preparation for future revisions. Ms. Hammond also inquired whether the "Downtown Plan"
and the "Toole Plan" were the same. Ms. Harris clarified that while the City has adopted the Toole Plan,
funds used for projects so far have not come from the TIRZ fund. Ms. Harris added that staff is prepared
to provide an update on the Downtown Plan, including what has already been accomplished. This will
give the board a clearer understanding of the remaining priorities, which can help guide decisions when
revising the project plan and determining which items to set aside. Following further discussion, Chairman
Head moved on to the next item.
7. Discuss the current Project Plan.
Main Street Coordinator Cheri Bedford provided a comprehensive update on current and completed
downtown development projects. She began by listing several partially completed initiatives, including
the Plaza expansion, improvements to parking facilities, enhancements to the Farmers Market, and
various traffic modifications and transit improvements. Ms. Bedford then provided background on the
Toole Design Group plan, originally adopted by City Council in the 2018 Comprehensive Plan update.
She noted that while some elements have been fully implemented, others remain in progress or under
evaluation. The First Street Renovation Project is one such active project. It is moving forward with
funding support from a Texas Capital Fund grant in the amount of $500,000, along with a $75,000 city
match. Ms. Bedford acknowledged that while the project has faced some challenges, it is scheduled to
begin by the end of the summer.
Page 2 of 3
She then discussed further details of the Plaza Expansion, which included ADA compliance upgrades,
installation of flush streets, brick pavers, a terrace around the fountain, and traffic revisions such as
bump -outs and the reversion to two-way traffic with stop signs. Ms. Bedford mentioned that although a
stop sign study was conducted, it was not done correctly. Additionally, approximately half an acre of
grass was added to the area surrounding the fountain to improve aesthetics and accessibility in alignment
with the Toole Plan goals.
Moving to the Farmers Market redevelopment and expansion, Ms. Bedford highlighted the city's
intention to better integrate the space with Bywaters Park and the Paris Public Library, creating a natural
and accessible "flow" between the three locations. This is aimed at accommodating larger events and
improving the overall layout. She noted consistent growth in market attendance and vendor
participation, making the need for expansion increasingly necessary. Recent improvements to the site
include the addition of public restrooms and a pavilion, the latter partially funded through a private
donation.
Ms. Norwood inquired about the location of the skate park. Ms. Bedford responded that the city has
discussed removing the current facility or relocating it to the Sports Complex, now that a pump track has
been installed at the Civic Center. Mr. Hayer asked whether the Toole Design Plan included parking lot
provisions. Ms. Bedford clarified that it did not, but the city is currently evaluating potential solutions to
increase parking availability. Ms. Hammond thanked Ms. Bedford for her presentation and requested a
list of outstanding items under each of the main catalyst projects. Mr. Amo-Mensah confirmed that staff
would provide that information.
Following further discussion, Chairman Head concluded the agenda item by thanking Ms. Bedford for
her thorough presentation and updates.
8. Discuss process for reviewing and possible revision of Project and Finance Plans.
Chairman Head emphasized the importance of obtaining stakeholder input before the board proceeds too
far with revisions. To ensure full transparency, the board decided to wait for more detailed financial
projections from city staff before holding any meetings with stakeholders.
9. Request future agenda items.
Chairman Head stated the next meeting would be for training on the financial projection tool and suggested
to wait until the May meeting to receive the updated financial projections.
Mr. Amo-Mensah stated that Deputy City Manager, Rob Vine, would be taking his place as the TIRZ
board liaison. Chairman Head thanked Mr. Amo-Mensah for his support and assistance to the board during
his time.
10. Adjournment.
There being no further business, a Motion to adjourn was made by Mr. McMonigle and seconded by Ms.
Norwood. Motion carried, 7 ayes — 0 nays. Chairman Head adjourned the meeting at 5:31 P.M.
Page 3 of 3
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Item No. 8
Building and Standards Report: March, 2025
6 properties were presented to the Commission in March, 2025:
935 E Polk City Block 133, Lot A
2095 W Walker 820 Clarksville
2740 W Campbell 317 SE 16th
3 structure was demolished in March, 2025:
925 E Grove
1124 Church
1969 Culbertson
March Code Report
CASE TYPES
INSPECTIONS
OPENED
ACTIVE
CLOSED
HIGH GRASS AND WEEDS
421
31
24
11
JUNK & RUBBISH
101
62
34
39
SWIMMING POOLS
1
1
2
0'
BASKETBALL GOALS
4
2
1
2
LIMBS & BRUSH
66
48
24
18'
OUTSIDE STORAGE
131
76
37
55
TRASH CANS
66
5
27
61'.
FRONT YARD PARKING
49
29
11
2011
JUNK VEHICLES
49
40
24
9''
SPECIAL VEHICLES
27
15
2
12
TAX SALE PROPERTIES
881
88
88
0
BUSINESS IN RESIDENTIAL
0
0
0
0
DEAD TREE/ TREE OBSTRUCTION
17
10
6
7
GARAGE SALE VIOLATION
0
0
0
0
GRASS CLIPPING
0
0
0
0
ILLEGAL DUMP
26
24
18
2
PARKING ON VACANT LOT
2
0
2
2
ACCESSORY BUILDING - COM
0
0
0
0
ACCESSORY BUILDING - RES
0
0
0
0
DILAPIDATED STRUCTURES
0
0
0
0
ELECTRIC FENCES
1
1
1
0
FENCES
8
7
2
1
SIGNS
48
24
0
24
SUBSTANDARD STRUCTURES
29
18''
6
11
UNSECURE STRUCTURES
5
3'
1
2
TOTAL
760'
484
310
276
Memorandum
Item Nos. 9-11
TO: Mayor, Mayor Pro -Tem & City Council
Rose Beverly, City Manager
FROM: Rob Vine, Deputy City Manager
SUBJECT: Agreements for various boating and jet ski races at Lake Crook
DATE: April 28, 2025
BACKGROUND: For the past several years, the City, in conjunction with the Lamar County
Chamber of Commerce and the VCC have hosted various boating and jet ski races at Lake Crook.
This year, the scheduled races are:
Southern Drag Boat Association, LLC — drag boat race to be conducted on May 16-18,
2025.
• Smoke on the Water, LLC — drag boat race to be conducted on September 24-28, 2025.
• Nauti Water Racing —jet ski races to be conducted on May 24-25 and August 2-3, 2025.
These events bring out of town visitors to Paris for several days, each benefiting local hotels,
restaurants, and other businesses and bring in additional sales and hotel occupancy tax (HOT)
revenues for the City.
STATUS OF ISSUE: The attached agreements set out the obligations of the associations, the VCC
and the City. The City's contributions are primarily in kind. The VCC is making cash
contributions funded from its portion of HOT revenues. The associations will pay the City for
ambulances and will pay for off duty personnel to man them as well as provide potable toilets and
other items necessary to conduct the events.
BUDGET: Budgetary impacts are negligible as the City's contributions are minimal and in kind.
RECOMMENDATION: Approve the Agreements with Southern Drag Boat Association, LLC,
Smoke on the Water, LLC, and Nauti Water Racing.
DRAG BOAT RACE EVENT AGREEMENT
BY AND BETWEEN
THE CITY OF PARIS
AND
SOUTHERN DRAG BOAT ASSOCIATION LLC
THIS AGREEMENT (the "Agreement") is made effective as of ._... _____............... 2025, (the
"Effective Date"), by and between the following Parties: SOUTHERN DRAG BOAT ASSOCIATION
LLC, a Texas limited liability company, whose mailing address is 1146 Doris Court, Nemo Tx
76070 ("SDBA") and the City of Paris, Lamar County Chamber of Commerce and the Paris VCC
(collectively referred to as "City" unless otherwise specified herein). SDBA and City may each
be referred to herein as a "Party" and collectively as the "Parties". The Parties hereby agree as
follows:
1. Description of Services. In connection with a drag boat race (the "Event") to be
conducted on May 16-18, 2025 at Lake Crook, Paris, Texas, SDBA shall provide the
services specified in Schedule A.
Consideration. Inconsideration of the Services rendered by SDBA, SDBA shall receive
the following: SDBA shall be entitled to receive and retain as its sole and exclusive
property, all registration fees, vendor fees, spectator gate fees, sponsorship fees and
profits from the sale of SDBA T-shirts and the Event T-shirts, souvenirs and other
merchandise. SDBA shall have no interest in the proceeds from sales of otherT-shirts
at the Event by third parties or the City. SDBA's right to sell T-shirts, etc., at the Event
is non-exclusive to SDBA unless specified otherwise in Schedule A which said terms
in Schedule A shall control.
3. Obligations of City. In consideration of the Services to be rendered by SDBA, City
agrees to perform the obligations and supply such goods and services as specified in
Schedule A.
4. Cancellation of the Race. In the event of inclement weather or bad/rough water
conditions, the SDBA Director, or his designated representative, may cancel the Event
no later than 24 hours prior to the start of the Event.
5. Governance of the Race. SDBA is exclusively responsible for and has the paramount
authority for regulating it personnel and membership, including drivers and their
crews, team owners, and the composition of race boats.
6. Rules and Regulations. SDBA agrees to conduct the Event in accordance with the
SDBA Race Rules and Regulations. In the event of any conflict between the terms of
this Agreement and the provisions of such Rules and Regulations, the terms of the
Agreement shall control.
7. Warranties. SDBA shall provide the Services and meet its obligations under this
Agreement in a timely and workmanlike manner which meets generally acceptable
standards in the race boat industry and region and shall provide a standard of care
and quality equal to, or superior to, the care and quality used by service providers
similar to SDBA at similar events.
8. Term and Option. This agreement shall begin on the Effective Date and shall run for
a one year term, expiring on the first anniversary of the signing of this Agreement.
The SDBA shall have the option to extend this Agreement for an additional year for
an Event occurring in the calendar year following the year in which this Agreement
was signed, for the same consideration as provided herein, by giving written notice
to the City no later than 30 days prior to the expiration of the term of this Agreement.
9. Default. The occurrence of any of the following shall constitute a material default
under this Agreement: A) The failure of either Party to make a required payment
when due (if payment is applicable to this Agreement); B) The insolvency or
bankruptcy of either Party; C) The subjection of any or either Party's property to any
levy, seizure, general assignment for the benefit of creditors, application or sale for
or by any creditor or government agency; D) The failure to make available or deliver
the services or perform the obligations specified in Schedule A, in the time and
manner provided for in this Agreement.
10. Remedies on Default. In addition to any other rights a Party may have available
under applicable laws, if a Party defaults by failing to timely perform any provision,
term or condition of the Agreement (including without limitation the failure to make
a monetary payment when due, if applicable to this Agreement), the other Party may
terminate this Agreement by providing written notice to the defaulting Party. This
notice shall describe with sufficient detail the nature of the default. The Party
receiving such notice shall have one (1) day from the effective date of such notice to
cure the default(s), provided that the time for the performance of services and
obligations as specified herein (and specified in Schedule A) has not passed. Unless
waived by a Party providing notice, failure to cure the default(s) within such time
period shall result in the termination of this Agreement at the option of the non -
defaulting party. Time is of the essence as to the obligation of both Parties under the
terms of this Agreement.
11. Indemnification of the City. SDBA DOES HEREBY AGREE TO WAIVE ALL CLAIMS,
RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY TOGETHER WITH
ITS MAYOR AND CITY COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS,
ATTORNEYS, AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES,
FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES,
DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS,
OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION
AND/OR SETTLEMENT, COURT COSTS, AND ATTORNEYS' FEES WHICH MAY ARISE
BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOS OF, DAMAGE
TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION,
NELIGENT, OR WILLFUL ACT OF SDBA, ITS SUBCONTRACTORS, ANY OFFICERS,
AGENTS OR EMPLOYEES OF SDBA OR ANY SUBCONTRACTORS, INVITEES, AND ANY
OTHER THIRD PARTIES OR PERSONS FOR WHOM OR FOR WHICH SDBA IS LEGALLY
RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR
IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND SDBA WILL
AT ITS OWN COST AND EXPENSE DEFEND AND PROTECT CITY FROM ANY AND ALL
SUCH CLAIMS AND DEMANDS.
SDBA DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND
AND HOLD HARMLESS THE CITY TOGETHER WITH ITS MAYOR AND CITY COUNCIL
AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, ATTORNEYS, AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES,
DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS
OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION
AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY'S FEES FOR INJURY OR
DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY
PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF
THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS,
CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY,
LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART
FROM THE NEGLIGENCE OF THE CITY, ITS MAYOR AND CITY COUNCIL, OFFICERS, OR
CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE
CITY, ITS MAYOR AND CITY COUNCIL, OFFICERS, OFFICIALS, AGENTS, ATTORNEYS,
OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY SDBA TO
INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF
THE INJURY, DEATH OR DAMAGE.
IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY
EMPLOYEE OF THE SDBA, ANY SUB -CONTRACTOR, ANYONE DIRECTLY OR
INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF
THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED
SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE
OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE SDBA OR
ANY SUB -CONTRACTOR UNDER WORKERS COMPENSATION OR OTHER EMPLOYEE
BENEFIT ACTS.
INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS,
AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY
EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN
INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS
INDEMNITY.
12. INDEMNIFICATION BY THE SDBA. SDBA SHALL INDEMNIFY, HOLD HARMLESS AND
DEFEND CITY OF PARIS, LAMAR COUNTY CHAMBER OF COMMERCE, AND THE CITY
OF PARIS VISITORS AND CONVENTION CENTER AND ITS EMPLOYEES, OFFICERS,
DIRECTORS, MEMBERS, AGENTS, ATTORNEYS, AND REPRESENTATIVES, FROM AND
AGAINST ANY ACTION, CLAIM, DEMAND OR LIABILITY, INCLUDING REASONABLE
ATTORNEYS' FEES, TO THE EXTENT SUCH CLAIM ARISES OUT OF OR IS BASED UPON
THE SOLE AND EXCLUSIVE ACTIONS OR OMISSIONS OF SDBA OR ITS EMPLOYEES,
OFFICERS, DIRECTORS, MEMBERS, AGENTS AND REPRESENTATIVES, IN
PERFORMING UNDER THIS AGREEMENT. CITY SHALL HAVE THE RIGHT TO
PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM THROUGH COUNSEL OF ITS
CHOOSING.
13. Confidentiality. SDBA, and its employees, agents, or representatives shall not at
any time or in any manner, either directly or indirectly, use the personal benefit of
SDBA, or divulge, or disclose, or communicate in any manner, any information that
is proprietary to City. SDBA and its employees, agents, and representatives shall
protect such proprietary information and treat it as strictly confidential. This
provision shall continue to be effective after the termination of the Agreement.
14. Third Party Agreements. SDBA shall have all rights and interest in proceeds payable
by third Parties under SDBA's agreements with third parties.
15. Name, Logos and Trademarks of City. SDBA may use, directly or indirectly, the
name, logos or trademarks of the named Parties, in any form whatsoever for
purposes of the Event, written consent of the named Parties being given with the
signing of this Agreement.
16. Name, Logos and Trademarks of SDBA. City may use, directly or indirectly, the
name, logos or trademarks of the SDBA, in any form whatsoever for purposes of
the Event, written consent of the SDBA being given with the signing of this
Agreement.
17. Assignment. Any assignment of the Agreement or any of the rights hereunder by
either Party, either voluntarily or by operation of law, shall be void without the prior
written consent of the other Party.
18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the Parties hereto and their respective Successors and permitted assigns.
19. Notice. Any notices, requests or other communications hereunder shall be deemed
duly given if made in writing and delivered by hand personally, via courier, by
overnight delivery service, or by other manner of personal delivery, effective as of
the date received mailed by registered or certified mail, effective three (3) days
after mailing or by fax or by email, effective upon the receipt by sender of a written
confirmation of the completion of a successful transmission, to the addresses
specified on Schedule A.
20. Entire Content. This Agreement contains the entire agreement of the Parties
regarding the subject matter of the Agreement, and there are no promises or
conditions in any other agreement whether oral or written. This Agreement
supersedes any prior written or oral agreements between the Parties.
21. Amendment. This Agreement may be modified or amended only if the amendment
is made in writing and signed by both Parties.
22. Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid
and enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed to be written, and enforced as so
limited.
23. Waiver of Contractual Rights. The failure of any occasion of either Party to enforce
any provision of this Agreement shall not be construed as a waiver or limitation of
the Party's right to subsequently enforce and compel strict compliance with that
provision, or any other provision, of this Agreement.
24. Independent Contractor. SDBA shall perform its obligations under this Agreement as
an independent contractor. Except with the prior written consent of City, SDBA shall
have no authority to enter into any agreement or commitment on behalf of City. This
Agreement shall not be deemed or construed to create any agency relationship,
partnership, employment, or joint venture between SDBA and City.
24. Force Majeure. Cancellation of the Event by the City, due to fire, flood, storms,
riots, strikes, weather, hurricanes, unavailability of utility services, war, conflict,
epidemics, terrorism, hazardous materials spill or any similar farce shall be
considered "Force Majeure" and neither SDBA nor City, shall have any further
obligation under this Agreement, and neither Party shall be liable to the other for
consequential damages including but not limited to expenses, travel costs, supplies,
lost profits or loss of goodwill.
25. Applicable Law. This Agreement shall be governed by the laws of the State of Texas.
Any action brought to enforce or interpret this Agreement shall be brought in any
court having jurisdiction over the subject matter thereof located in Lamar County,
Texas and the Parties hereto hereby consent to the personal jurisdiction of such
court.
26. Attorney's Fees. Should either SDBA or City employ an attorney or attorneys to
institute a legal proceeding against the other Party for the purpose of enforcing any
of the provisions hereof or protecting its interest in any manner arising under this
Agreement, the non -prevailing Party in any action pursued in a court of competent
jurisdiction [the finality of which is not legally contested] shall pay to the prevailing
Party all reasonable costs, damages and expenses, including reasonable attorneys'
fees, expended or incurred by the prevailing Party in connection with such
proceeding.
SIGNED, on this day of 2025.
SOUTHERN DRAG BOAT ASSOCIATION, LLC
By: ._
Print Name:
Title:
CITY
By:
Print Name:
Title:
LAMAR COUNTY CHAMBER OF COMMERCE
By
Print Name:
Title:
PARIS VCC
By:
Print Name:
Title:
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SCHEDULE A
Location of Event: Lake Crook Paris, Texas
Dates of Event: May 16-18, 2025
OBLIGATIONS OF THE SDBA:
A. SDBA agrees to set up, operate and conduct a "Drag Boat Race" of a
quality meeting or exceeding the standard of the industry, including
providing, in a timely manner, all the following services at its own
expense:
1. Set up and tear down the racecourse.
2. Provide and man tow boats.
3. Provide announcer.
4. Provide and man adequate rescue boats.
5. Provide SDBA officials who will control qualifying procedures, the
lineup of the boats, the start of the race, the control of boats t
through the race, the election to stop or delay a race. control "pit"
activity, flagging, the position of the boats, the assessment of
penalties and the completion of the race.
6. SDBA will be responsible for pitting all boats starting Wednesday
May 14tH
7. SDBA will receive all "Racer Entry Fees" for their race packets and
all extra crew bands.
8. Pay the cost of one commercial dumpster.
9. Provide oil reclamation barrels.
10. Pay $750 for use of electricity at pavilion and vendor corner as
well as use of the RV spots.
11. Provide 12 porta potties and 2 wash stations.
B. SDBA further agrees to obtain the following insurance coverage, at
its own expense and to provide copies of said policies to City at least
30 days prior to the event:
1. Spectator liability coverage in the amount of $1,000,000 per
occurrence, $5,000,000 in the aggregate. Drivers' medical
insurance (secondary only)
2. Accidental Death and Dismemberment coverage for the
participants of $1,000,000 per occurrence, $5,000,000 in the
aggregate.
3. SDBA agrees to name the city as an additional insured under the
policy referenced above.
4. SDBA further agrees to furnish City with proof of insurance for all
the Above required policies.
OBLIGATIONS OF THE CITY:.
A. City agrees to provide the following for the event:
1. Provide one ambulance on site with a 2 paramedic minimum at
the rate of $80.00 per hour for the ambulance and $50.00 per
hour for each paramedic during the time period during which
racing is taking place. The rate will not be prorated for
incomplete hours worked. The hourly rate for the ambulance
shall be paid to the city, and the hourly rate for personnel shall be
paid directly to the paramedics.
2. Provide police patrols through the areas subject to officer
availability.
3. Provide barricades and/or cones for traffic control as needed.
4. Provide up to 40 trash cans and trash bag liners (industrial
strength)
B. City Agrees to perform the following services:
1. Clear and mow pit area.
2. Clear brush and small shrubs to facilitate spectator viewing.
C. Paris VCC agrees to give SDBA $5,000.00.
DRAG BOAT RACE EVENT AGREEMENT
BY AND BETWEEN
THE CITY OF PARIS
AND
SMOKE ON THE WATER, LLC
THIS AGREEMENT (the "Agreement") is made effective as of ........ 2025, (the
"Effective Date"), by and between the following Parties: SMOKE ON THE WATER, LLC, an
Oklahoma limited liability company, whose mailing address is 2500 Ridgecrest Dr., EI Reno, OK
73036 ("SOTW") and the City of Paris, Lamar County Chamber of Commerce and the Paris VCC
(collectively referred to as "City" unless otherwise specified herein). SOTW and City may each
be referred to herein as a "Party" and collectively as the "Parties". The Parties hereby agree as
follows:
1. Description of Services. In connection with a drag boat race (the "Event") to be
conducted on September 24-28, 2025 at Lake Crook, Paris, Texas, SOTW shall provide
the services specified in Schedule A.
2. Consideration. In consideration of the Services rendered by SOTW, SOTW shall
receive the following: SOTW shall be entitled to receive and retain as its sole and
exclusive property, all registration fees, vendor fees, spectator gate fees, sponsorship
fees and profits from the sale of SOTW T-shirts and the Event T-shirts, souvenirs and
other merchandise. SOTW shall have no interest in the proceeds from sales of other
T-shirts at the Event by third parties or the City. SOTW's right to sell T-shirts, etc., at
the Event is non-exclusive to SOTW unless specified otherwise in Schedule A which
said terms in Schedule A shall control.
3. Obligations of City. In consideration of the Services to be rendered by SOTW, City
agrees to perform the obligations and supply such goods and services as specified in
Schedule A.
4. Cancellation of the Race. In the event of inclement weather or bad/rough water
conditions, the SOTW Director, or his designated representative, may cancel the
Event no later than 24 hours prior to the start of the Event.
5. Governance of the Race. SOTW is exclusively responsible for and has the paramount
authority for regulating it personnel and membership, including drivers and their
crews, team owners, and the composition of race boats.
6. Rules and Regulations. SOTW agrees to conduct the Event in accordance with the
SOTW Race Rules and Regulations. In the event of any conflict between the terms of
this Agreement and the provisions of such Rules and Regulations, the terms of the
Agreement shall control.
7. Warranties. SOTW shall provide the Services and meet its obligations under this
Agreement in a timely and workmanlike manner which meets generally acceptable
standards in the race boat industry and region and shall provide a standard of care
and quality equal to, or superior to, the care and quality used by service providers
similar to SOTW at similar events.
8. Term and Option. This agreement shall begin on the Effective Date and shall run for
a one year term, expiring on the first anniversary of the signing of this Agreement.
The SOTW shall have the option to extend this Agreement for an additional year for
an Event occurring in the calendar year following the year in which this Agreement
was signed, for the same consideration as provided herein, by giving written notice
to the City no later than 30 days prior to the expiration of the term of this Agreement.
9. Default. The occurrence of any of the following shall constitute a material default
under this Agreement: A) The failure of either Party to make a required payment
when due (if payment is applicable to this Agreement); B) The insolvency or
bankruptcy of either Party; C) The subjection of any or either Party's property to any
levy, seizure, general assignment for the benefit of creditors, application or sale for
or by any creditor or government agency; D) The failure to make available or deliver
the services or perform the obligations specified in Schedule A, in the time and
manner provided for in this Agreement.
10. Remedies on Default. In addition to any other rights a Party may have available
under applicable laws, if a Party defaults by failing to timely perform any provision,
term or condition of the Agreement (including without limitation the failure to make
a monetary payment when due, if applicable to this Agreement), the other Party may
terminate this Agreement by providing written notice to the defaulting Party. This
notice shall describe with sufficient detail the nature of the default. The Party
receiving such notice shall have one (1) day from the effective date of such notice to
cure the default(s), provided that the time for the performance of services and
obligations as specified herein (and specified in Schedule A) has not passed. Unless
waived by a Party providing notice, failure to cure the default(s) within such time
period shall result in the termination of this Agreement at the option of the non -
defaulting party. Time is of the essence as to the obligation of both Parties under the
terms of this Agreement.
11. Indemnification of the City. SOTW DOES HEREBY AGREE TO WAIVE ALL CLAIMS,
RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY TOGETHER WITH
ITS MAYOR AND CITY COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS,
ATTORNEYS, AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES,
FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES,
DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS,
OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION
AND/OR SETTLEMENT, COURT COSTS, AND ATTORNEYS' FEES WHICH MAY ARISE
BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOS OF, DAMAGE
TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION,
NELIGENT, OR WILLFUL ACT OF SOTW, ITS SUBCONTRACTORS, ANY OFFICERS,
AGENTS OR EMPLOYEES OF SOTW OR ANY SUBCONTRACTORS, INVITEES, AND ANY
OTHER THIRD PARTIES OR PERSONS FOR WHOM OR FOR WHICH SOTW IS LEGALLY
RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR
IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND SOTW WILL
AT ITS OWN COST AND EXPENSE DEFEND AND PROTECT CITY FROM ANY AND ALL
SUCH CLAIMS AND DEMANDS.
SOTW DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND
AND HOLD HARMLESS THE CITY TOGETHER WITH ITS MAYOR AND CITY COUNCIL
AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, ATTORNEYS, AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES,
DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS
OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION
AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY'S FEES FOR INJURY OR
DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY
PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF
THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS,
CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY,
LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART
FROM THE NEGLIGENCE OF THE CITY, ITS MAYOR AND CITY COUNCIL, OFFICERS, OR
CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE
CITY, ITS MAYOR AND CITY COUNCIL, OFFICERS, OFFICIALS, AGENTS, ATTORNEYS,
OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY SOTW TO
INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF
THE INJURY, DEATH OR DAMAGE.
IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY
EMPLOYEE OF THE SOTW, ANY SUB -CONTRACTOR, ANYONE DIRECTLY OR
INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF
THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED
SHALL NOT BE LIMITED IN ANYWAY BY ANY LIMITATION ON THE AMOUNT OR TYPE
OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE SOTW OR
ANY SUB -CONTRACTOR UNDER WORKERS COMPENSATION OR OTHER EMPLOYEE
BENEFIT ACTS.
INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS,
AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY
EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN
INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS
INDEMNITY.
12. INDEMNIFICATION BY THE SOTW. SOTW SHALL INDEMNIFY, HOLD HARMLESS AND
DEFEND CITY OF PARIS, LAMAR COUNTY CHAMBER OF COMMERCE, AND THE CITY
OF PARIS VISITORS AND CONVENTION CENTER AND ITS EMPLOYEES, OFFICERS,
DIRECTORS, MEMBERS, AGENTS, ATTORNEYS, AND REPRESENTATIVES, FROM AND
AGAINST ANY ACTION, CLAIM, DEMAND OR LIABILITY, INCLUDING REASONABLE
ATTORNEYS' FEES, TO THE EXTENT SUCH CLAIM ARISES OUT OF OR IS BASED UPON
THE SOLE AND EXCLUSIVE ACTIONS OR OMISSIONS OF SOTW OR ITS EMPLOYEES,
OFFICERS, DIRECTORS, MEMBERS, AGENTS AND REPRESENTATIVES, IN
PERFORMING UNDER THIS AGREEMENT. CITY SHALL HAVE THE RIGHT TO
PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM THROUGH COUNSEL OF ITS
CHOOSING.
13. Confidentiality. SOTW, and its employees, agents, or representatives shall not at
any time or in any manner, either directly or indirectly, use the personal benefit of
SOTW, or divulge, or disclose, or communicate in any manner, any information that
is proprietary to City. SOTW and its employees, agents, and representatives shall
protect such proprietary information and treat it as strictly confidential. This
provision shall continue to be effective after the termination of the Agreement.
14. Third Party Agreements. SOTW shall have all rights and interest in proceeds
payable by third Parties under SOTW's agreements with third parties.
15. Name, Logos and Trademarks of City. SOTW may use, directly or indirectly, the
name, logos or trademarks of the named Parties, in any form whatsoever for
purposes of the Event, written consent of the named Parties being given with the
signing of this Agreement.
16. Name, Logos and Trademarks of SOTW. City may use, directly or indirectly, the
name, logos or trademarks of the SOTW, in any form whatsoever for purposes of
the Event, written consent of the SOTW being given with the signing of this
Agreement.
17.. Assignment. Any assignment of the Agreement or any of the rights hereunder by
either Party, either voluntarily or by operation of law, shall be void without the prior
written consent of the other Party.
18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the Parties hereto and their respective Successors and permitted assigns.
19. Notice. Any notices, requests or other communications hereunder shall be deemed
duly given if made in writing and delivered by hand personally, via courier, by
overnight delivery service, or by other manner of personal delivery, effective as of
the date received mailed by registered or certified mail, effective three (3) days
after mailing or by fax or by email, effective upon the receipt by sender of a written
confirmation of the completion of a successful transmission, to the addresses
specified on Schedule A.
20. Entire Content. This Agreement contains the entire agreement of the Parties
regarding the subject matter of the Agreement, and there are no promises or
conditions in any other agreement whether oral or written. This Agreement
supersedes any prior written or oral agreements between the Parties.
21. Amendment. This Agreement may be modified or amended only if the amendment
is made in writing and signed by both Parties.
22. Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid
and enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed to be written, and enforced as so
limited.
23. Waiver of Contractual Rights. The failure of any occasion of either Party to enforce
any provision of this Agreement shall not be construed as a waiver or limitation of
the Party's right to subsequently enforce and compel strict compliance with that
provision, or any other provision, of this Agreement.
24. Independent Contractor. SOTW shall perform its obligations under this Agreement as
an independent contractor. Except with the prior written consent of City, SOTW shall
have no authority to enter into any agreement or commitment on behalf of City. This
Agreement shall not be deemed or construed to create any agency relationship,
partnership, employment, or joint venture between SOTW and City.
24, Force Maieure. Cancellation of the Event by the City, due to fire, flood, storms,
riots, strikes, weather, hurricanes, unavailability of utility services, war, conflict,
epidemics, terrorism, hazardous materials spill or any similar farce shall be
considered "Force Majeure" and neither SOTW nor City, shall have any further
obligation under this Agreement, and neither Party shall be liable to the other for
consequential damages including but not limited to expenses, travel costs, supplies,
lost profits or loss of goodwill.
25. Applicable Law. This Agreement shall be governed by the laws of the State of Texas.
Any action brought to enforce or interpret this Agreement shall be brought in any
court having jurisdiction over the subject matter thereof located in Lamar County,
Texas and the Parties hereto hereby consent to the personal jurisdiction of such
court.
26. Attorney's Fees. Should either SOTW or City employ an attorney or attorneys to
institute a legal proceeding against the other Party for the purpose of enforcing any
of the provisions hereof or protecting its interest in any manner arising under this
Agreement, the non -prevailing Party in any action pursued in a court of competent
jurisdiction [the finality of which is not legally contested] shall pay to the prevailing
Party all reasonable costs, damages and expenses, including reasonable attorneys'
fees, expended or incurred by the prevailing Party in connection with such
proceeding.
SIGNED, on this day of ..- 2025.
SMOKE ON THE WATER, LLC
By:
Print Name:
Title:
CITY
By:
Print Name:
Title:
LAMAR COUNTY CHAMBER OF COMMERCE
Print Name:
Title:
PARIS VCC
BY:
Print Name:
Title:
SCHEDULE A
Location of Event: Lake Crook Paris, Texas
Dates of Event: September 24-28, 2025
OBLIGATIONS OF THE SOTW:
A. SOTW agrees to set up, operate and conduct a "Drag Boat Race" of a
quality meeting or exceeding the standard of the industry, including
providing, in a timely manner, all the following services at its own
expense:
1. Set up and tear down the racecourse.
2. Provide and man tow boats.
3. Provide announcer.
4. Provide and man adequate rescue boats.
5. Provide SOTW officials who will control qualifying procedures, the
lineup of the boats, the start of the race, the control of boats t
through the race, the election to stop or delay a race. control "pit"
activity, flagging, the position of the boats, the assessment of
penalties and the completion of the race.
6. SOTW will be responsible for pitting all boats starting Wednesday
May 14tH
7. SOTW will receive all "Racer Entry Fees" for their race packets and
all extra crew bands.
8. Pay the cost of one commercial dumpster.
9. Provide oil reclamation barrels.
10. Pay $750 for use of electricity at pavilion and vendor corner as
well as use of the RV spots.
11. Provide 12 porta potties and 2 wash stations.
B. SOTW further agrees to obtain the following insurance coverage, at
its own expense and to provide copies of said policies to City at least
30 days prior to the event:
1. Spectator liability coverage in the amount of $1,000,000 per
occurrence, $5,000,000 in the aggregate. Drivers' medical
insurance (secondary only)
2. Accidental Death and Dismemberment coverage for the
participants of $1,000,000 per occurrence, $5,000,000 in the
aggregate.
3. SOTW agrees to name the city as an additional insured under the
policy referenced above.
4. SOTW further agrees to furnish City with proof of insurance for all
the Above required policies.
OBLIGATIONS OF THE CITY:
A. City agrees to provide the following for the event:
1. Provide one ambulance on site with a 2 paramedic minimum at
the rate of $80.00 per hour for the ambulance and $50.00 per
hour for each paramedic during the time period during which
racing is taking place. The rate will not be prorated for
incomplete hours worked. The hourly rate for the ambulance
shall be paid to the city, and the hourly rate for personnel shall be
paid directly to the paramedics.
2. Provide police patrols through the areas subject to officer
availability.
3. Provide barricades and/or cones for traffic control as needed.
4. Provide up to 40 trash cans and trash bag liners (industrial
strength)
B. City Agrees to perform the following services:
1. Clear and mow pit area.
2. Clear brush and small shrubs to facilitate spectator viewing.
PERSONAL WATERCRAFT RACE EVENTS AGREEMENT
BY AND BETWEEN
THE CITY OF PARIS
AND
NAUTI WATER RACING
THIS AGREEMENT (the "Agreement") is made effective as of ......1M em 2025, (the
"Effective Date"), by and between the following Parties: NAUTI WATER RACING, hereafter
referred to as "Nauti", whose mailing address is 705 North Broadway, Wichita, KS 67214
("NAUTI") and the City of Paris, Lamar County Chamber of Commerce and the Paris VCC
(collectively referred to as "City" unless otherwise specified herein). Nauti and City may each
be referred to herein as a "Party" and collectively as the "Parties". The Parties hereby agree as
follows:
1. Description of Services. In connection with jetski races (the "Events") to be
conducted on May 24-25, 2025 and August 2-3, 2025 at Lake Crook, Paris, Texas,
NAUTI shall provide the services specified in Schedule A.
2. Consideration. In consideration of the Services rendered by NAUTI, NAUTI shall
receive the following: NAUTI shall be entitled to receive and retain as its sole and
exclusive property, all registration fees, vendor fees, spectator gate fees, sponsorship
fees and profits from the sale of NAUTI T-shirts and the Events T-shirts, souvenirs and
other merchandise. NAUTI shall have no interest in the proceeds from sales of other
T-shirts at the Events by third parties or the City. NAUTI's right to sell T-shirts, etc., at
the Events is non-exclusive to NAUTI unless specified otherwise in Schedule A which
said terms in Schedule A shall control.
3. Obligations of City. In consideration of the Services to be rendered by NAUTI, City
agrees to perform the obligations and supply such goods and services as specified in
Schedule A.
4. Cancellation of the Race. In the Events of inclement weather or bad/rough water
conditions, the NAUTI Director, or his designated representative, may cancel the
Events no later than 24 hours prior to the start of the Events.
5. Governance of the Race. NAUTI is exclusively responsible for and has the paramount
authority for regulating it personnel and membership, including pilots and their
crews, team owners, and the composition of personal watercraft.
6. Rules and Regulations. NAUTI agrees to conduct the Events in accordance with the
NAUTI Race Rules and Regulations. In the Events of any conflict between the terms
of this Agreement and the provisions of such Rules and Regulations, the terms of the
Agreement shall control.
7. Warranties. NAUTI shall provide the Services and meet its obligations under this
Agreement in a timely and workmanlike manner which meets generally acceptable
standards in the personal watercraft industry and region and shall provide a standard
of care and quality equal to, or superior to, the care and quality used by service
providers similar to NAUTI at similar Events.
8. Term and Option. This agreement shall begin on the Effective Date and shall run for
a one year term, expiring on the first anniversary of the signing of this Agreement.
NAUTI shall have the option to extend this Agreement for an additional year for an
Events occurring in the calendar year following the year in which this Agreement was
signed, for the same consideration as provided herein, by giving written notice to the
City no later than 30 days prior to the expiration of the term of this Agreement.
9. Default. The occurrence of any of the following shall constitute a material default
under this Agreement: A) The failure of either Party to make a required payment
when due (if payment is applicable to this Agreement); B) The insolvency or
bankruptcy of either Party; C) The subjection of any or either Party's property to any
levy, seizure, general assignment for the benefit of creditors, application or sale for
or by any creditor or government agency; D) The failure to make available or deliver
the services or perform the obligations specified in Schedule A, in the time and
manner provided for in this Agreement.
10. Remedies on Default. In addition to any other rights a Party may have available
under applicable laws, if a Party defaults by failing to timely perform any provision,
term or condition of the Agreement (including without limitation the failure to make
a monetary payment when due, if applicable to this Agreement), the other Party may
terminate this Agreement by providing written notice to the defaulting Party. This
notice shall describe with sufficient detail the nature of the default. The Party
receiving such notice shall have one (1) day from the effective date of such notice to
cure the default(s), provided that the time for the performance of services and
obligations as specified herein (and specified in Schedule A) has not passed. Unless
waived by a Party providing notice, failure to cure the default(s) within such time
period shall result in the termination of this Agreement at the option of the non -
defaulting party. Time is of the essence as to the obligation of both Parties under the
terms of this Agreement.
11. Indemnification of the City. NAUTI DOES HEREBY AGREE TO WAIVE ALL CLAIMS,
RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY TOGETHER WITH
ITS MAYOR AND CITY COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS,
ATTORNEYS, AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES,
FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES,
DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS,
OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION
AND/OR SETTLEMENT, COURT COSTS, AND ATTORNEYS' FEES WHICH MAY ARISE
BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOS OF, DAMAGE
TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION,
NELIGENT, OR WILLFUL ACT OF NAUTI, ITS SUBCONTRACTORS, ANY OFFICERS,
AGENTS OR EMPLOYEES OF NAUTI OR ANY SUBCONTRACTORS, INVITEES, AND ANY
OTHER THIRD PARTIES OR PERSONS FOR WHOM OR FOR WHICH NAUTI IS LEGALLY
RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR
IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND NAUTI WILL
AT ITS OWN COST AND EXPENSE DEFEND AND PROTECT CITY FROM ANY AND ALL
SUCH CLAIMS AND DEMANDS.
NAUTI DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND
AND HOLD HARMLESS THE CITY TOGETHER WITH ITS MAYOR AND CITY COUNCIL
AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, ATTORNEYS, AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES,
DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS
OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION
AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY'S FEES FOR INJURY OR
DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY
PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF
THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS,
CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY,
LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART
FROM THE NEGLIGENCE OF THE CITY, ITS MAYOR AND CITY COUNCIL, OFFICERS, OR
CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE
CITY, ITS MAYOR AND CITY COUNCIL, OFFICERS, OFFICIALS, AGENTS, ATTORNEYS,
OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY NAUTI TO
INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF
THE INJURY, DEATH OR DAMAGE.
IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY
EMPLOYEE OF THE NAUTI, ANY SUB -CONTRACTOR, ANYONE DIRECTLY OR
INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF
THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED
SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE
OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE NAUTI OR
ANY SUB -CONTRACTOR UNDER WORKERS COMPENSATION OR OTHER EMPLOYEE
BENEFIT ACTS.
INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS,
AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY
EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN
INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS
INDEMNITY.
12. INDEMNIFICATION BY THE NAUTI. NAUTI SHALL INDEMNIFY, HOLD HARMLESS AND
DEFEND CITY OF PARIS, LAMAR COUNTY CHAMBER OF COMMERCE, AND THE CITY
OF PARIS VISITORS AND CONVENTION CENTER AND ITS EMPLOYEES, OFFICERS,
DIRECTORS, MEMBERS, AGENTS, ATTORNEYS, AND REPRESENTATIVES, FROM AND
AGAINST ANY ACTION, CLAIM, DEMAND OR LIABILITY, INCLUDING REASONABLE
ATTORNEYS' FEES, TO THE EXTENT SUCH CLAIM ARISES OUT OF OR IS BASED UPON
THE SOLE AND EXCLUSIVE ACTIONS OR OMISSIONS OF NAUTI OR ITS EMPLOYEES,
OFFICERS, DIRECTORS, MEMBERS, AGENTS AND REPRESENTATIVES, IN
PERFORMING UNDER THIS AGREEMENT. CITY SHALL HAVE THE RIGHT TO
PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM THROUGH COUNSEL OF ITS
CHOOSING.
13. Confidentiality. NAUTI, and its employees, agents, or representatives shall not at
any time or in any manner, either directly or indirectly, use the personal benefit of
NAUTI, or divulge, or disclose, or communicate in any manner, any information that
is proprietary to City. NAUTI and its employees, agents, and representatives shall
protect such proprietary information and treat it as strictly confidential. This
provision shall continue to be effective after the termination of the Agreement.
14. Third Party Agreements. NAUTI shall have all rights and interest in proceeds
payable by third Parties under NAUTI's agreements with third parties.
15. Name, Logos and Trademarks of City. NAUTI may use, directly or indirectly, the
name, logos or trademarks of the named Parties, in any form whatsoever for
purposes of the Events, written consent of the named Parties being given with the
signing of this Agreement.
16. Name, Logos and Trademarks of NAUTI. City may use, directly or indirectly, the
name, logos or trademarks of the NAUTI, in any form whatsoever for purposes of
the Events, written consent of the NAUTI being given with the signing of this
Agreement.
17. Assignment. Any assignment of the Agreement or any of the rights hereunder by
either Party, either voluntarily or by operation of law, shall be void without the prior
written consent of the other Party.
18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the Parties hereto and their respective Successors and permitted assigns.
19. Notice. Any notices, requests or other communications hereunder shall be deemed
duly given if made in writing and delivered by hand personally, via courier, by
overnight delivery service, or by other manner of personal delivery, effective as of
the date received mailed by registered or certified mail, effective three (3) days
after mailing or by fax or by email, effective upon the receipt by sender of a written
confirmation of the completion of a successful transmission, to the addresses
specified on Schedule A.
20. Entire Content. This Agreement contains the entire agreement of the Parties
regarding the subject matter of the Agreement, and there are no promises or
conditions in any other agreement whether oral or written. This Agreement
supersedes any prior written or oral agreements between the Parties.
21. Amendment. This Agreement may be modified or amended only if the amendment
is made in writing and signed by both Parties.
22. Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid
and enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed to be written, and enforced as so
limited.
23. Waiver of Contractual Rights. The failure of any occasion of either Party to enforce
any provision of this Agreement shall not be construed as a waiver or limitation of
the Party's right to subsequently enforce and compel strict compliance with that
provision, or any other provision, of this Agreement.
24. Independent Contractor. NAUTI shall perform its obligations under this Agreement
as an independent contractor. Except with the prior written consent of City, NAUTI
shall have no authority to enter into any agreement or commitment on behalf of City.
This Agreement shall not be deemed or construed to create any agency relationship,
partnership, employment, or joint venture between NAUTI and City.
24. Force Majeure. Cancellation of the Events by the City, due to fire, flood, storms,
riots, strikes, weather, hurricanes, unavailability of utility services, war, conflict,
epidemics, terrorism, hazardous materials spill or any similar farce shall be
considered "Force Majeure" and neither NAUTI nor City, shall have any further
obligation under this Agreement, and neither Party shall be liable to the other for
consequential damages including but not limited to expenses, travel costs, supplies,
lost profits or loss of goodwill.
25. Applicable Law. This Agreement shall be governed by the laws of the State of Texas.
Any action brought to enforce or interpret this Agreement shall be brought in any
court having jurisdiction over the subject matter thereof located in Lamar County,
Texas and the Parties hereto hereby consent to the personal jurisdiction of such
court.
26. Attorney's Fees. Should either NAUTI or City employ an attorney or attorneys to
institute a legal proceeding against the other Party for the purpose of enforcing any
of the provisions hereof or protecting its interest in any manner arising under this
Agreement, the non -prevailing Party in any action pursued in a court of competent
jurisdiction [the finality of which is not legally contested] shall pay to the prevailing
Party all reasonable costs, damages and expenses, including reasonable attorneys'
fees, expended or incurred by the prevailing Party in connection with such
proceeding.
SIGNED, on this day of 2025.
NAUTI WATER RACING
By.
Print Name:
Title:
CITY
By:
Print Name:
Title:
LAMAR COUNTY CHAMBER OF COMMERCE
By
Print Name:
Title:
PARIS VCC
By
Print Name:
Title:
SCHEDULE A
Location of Events: Lake Crook Paris, Texas
Dates of Events: May 24-25, 2025 and August 2-3, 2025
OBLIGATIONS OF THE NAUTI:
A. NAUTI agrees to set up, operate and conduct a "Personal Watercraft"
race of a quality meeting or exceeding the standard of the industry,
including providing, in a timely manner, all the following services at
its own expense:
1. Set up and tear down the racecourse.
2. Provide and man course Marshal boats.
3. Provide announcer.
4. Provide and man adequate rescue boats.
5. Provide NAUTI officials who will control qualifying procedures, the
lineup of Personal Watercraft, the start of the race, the control of
personal watercraft throughout the race, the election to stop or
delay a race, control "pit" activity, flagging, the position of the
Personal Watercraft, the assessment of penalties and the
completion of the race.
6. NAUTI will be responsible for pitting all Personal Watercraft
starting Wednesday May 21 and July 30, 2025.
7. NAUTI will receive all "Racer Entry Fees" for their race packets and
all extra crew bands.
8. Pay the cost of one commercial dumpster.
9. Provide oil reclamation barrels.
10. Pay $0 for use of electricity at pavilion and vendor corner as well
as use of the RV spots.
11. Provide 8 porta potties, including a handicap accessible porta
potty, and one wash station.
B. NAUTI further agrees to obtain the following insurance coverage, at
its own expense and to provide copies of said policies to City at least
30 days prior to the Events:
1. Spectator liability coverage in the amount of $1,000,000 per
occurrence, $5,000,000 in the aggregate. Drivers' medical
insurance (secondary only)
2. Accidental Death and Dismemberment coverage for the
participants of $1,000,000 per occurrence, $5,000,000 in the
aggregate.
3. NAUTI agrees to name the city as an additional insured under the
policy referenced above.
4. NAUTI further agrees to furnish City with proof of insurance for all
the Above required policies.
OBLIGATIONS OF THE CITY:
A. City agrees to provide the following for the Events:
1. Provide one side by side ambulance on site with a 2 paramedic
minimum at the rate of $20.00 per hour for the side by side
ambulance and $50.00 per hour for each paramedic during the
time period during which racing is taking place. The rate will not
be prorated for incomplete hours worked. The hourly rate for the
ambulance shall be paid to the city, and the hourly rate for
personnel shall be paid directly to the paramedics.
2. Provide police patrols through the areas subject to officer
availability.
3. Provide barricades and/or cones for traffic control as needed.
4. Provide up to 40 trash cans and trash bag liners (industrial
strength)
B. City Agrees to perform the following services:
1. Clear and mow pit area.
2. Clear brush and small shrubs to facilitate spectator viewing.
3. Grade and level sand for starting line area around water
C. Paris VCC agrees to give NAUTI $10,000.00. per event
Item No. 12
TO: Mayor, Mayor Pro -Tem & City Council
Rose Beverly, City Manager
FROM: M.A. Smith, Public Works Director
Mike Wade, Streets Department Superintendent
SUBJECT: ANNUAL CONCRETE DEMOLITION AND CONSTRUCTION BIDS
DATE: April 28, 2025
BACKGROUND: This is the annual bid for curb/gutter, standard driveway approaches, and
reinforced concrete sidewalks to be used primarily, but not exclusively, by the Street Division,
Water Distribution, Sewer Maintenance, and Parks Divisions of the Public Works Department. If
other departments are in need of concrete work, we attempt to utilize bid pricing through this
contract as it applies. The bid tabulation sheet is attached for details of the bids.
STATUS OF ISSUE: The City of Paris Public Works Department received two sealed bids for
concrete work and would like to award the bid to the lowest responsible bidder pursuant to
Resolution 2020-052 for construction project bidding. Contract period will be from May 1, 2025
through April 30, 2026.
BUDGET: Funding is budgeted in the various Public Works Departments.
RECOMMENDATION: Award the bid to Richard Drake Construction as indicated on the
attached bid tabs, in the approximate amount of $333,650.00 based on listed estimated quantities.
The actual total cost will depend on projects which are as needed. The award of this bid will lock
in the quantity figures listed in the attached tabs. Allow the City Manager to sign and execute all
documents necessary.
CIN OF PARIS
Pridemore Construction
Richard Drake Construction
Cole Pridemore
Tex Horton
2025-2026 CONCRETE BIDS
600 CR 22920
6290 Hwy 271 N
Item
Paris TX 75460
Powder! TX 75473
6" typical curb and gutter
Linear Ft.
$59.00
$36.80
Quantity 4500 LF
Removal
4500
$9.00
$8.50
Total
$68.00
$45.30
Subtotal
$306,000.00
$203,850.00
WPA style curb and gutter
Linear Ft.
$73.27
$61.00
Quantity 50 LF
Removal
50
$9.00
$11.00
Total
$82.27
$72.00
Subtotal
$4,113.50
$3,600.00
Driveway apporach installation
Sq. Ft.
$13.88
$13.00
Quantity 4000 SF
Removal
4000
$3.40
$3.35
Total
$17.28
$16.35
Subtotal
$69,120.00
$65,400.00
Sidewalk city standard
Sq. Ft.
$15.96
$10.40
Quantity 2500 SF
Removal
2500
$3.00
$3.00
Total
$18.96
$13.40
Subtotal
$47,400.00
$33,500.00
Valley gutters
Sq. Ft.
$19.42
$16.50
Quantity 200 SF
Removal
200
$6.60
$7.00
Total
$26.02
$23.50
Subtotal
$5,204.00
$4,700.00
Concrete street repairs
Sq. Ft.1
$22.75
$16.90
Quantity ! 1000 SF
Removal
1000
$5.00
$5.70
Total
$27.75
$22.60
Subtotal
$27,750.00
$22,600.00
Total Cost
$459,587.50
$333,650.00
Item No. 13
TO: Mayor, Mayor Pro Tem & City Council
FROM: Rose Beverly, City Manager
Rob Vine, Deputy City Manager
Todd Mittge, City Engineer
Stephanie Harris, City Attorney
SUBJECT: 7th Street SW Reconstruction Cost Share Agreement with Casey's
DATE: April 28, 2025
ro-TWOM911011im
The City of Paris has an opportunity to partner with Fikes Wholesale, Inc. (Owner of CEFCO) to
rebuild 7th Street SW into a concrete roadway. Due to the heavy truck traffic, the asphalt roadway
will not support the heavy loads. Fikes Wholesale has agreed to split the cost 50/50 with the City
to get this project done. The project is estimated to cost $290,895, which includes geotechnical
testing (already performed), and 3rd party materials testing during construction.
STATUS OF ISSUE:
The project is located on 7th Street SW from Loop 286 south to the CEFCO second entrance. This
will be a full depth concrete replacement project and is a 50/50 share with CEFCO South. When
CEFCO South was built, the City should have, and did not, require CEFCO to replace this road to
accommodate heavy truck traffic during the development process. Consequently, the existing
asphalt road has continually required repair since opening of the station due to said heavy truck
traffic, and it is currently in a significant state of disrepair which affects both the ability of the
general public to use the street and for CEFCO's trucking customers to access their station. The
City is not in a position to 1) continually repair this road indefinitely to maintain access, nor 2)
shoulder the full cost for replacement of this road. We are also in a challenging position to require
CEFCO to replace this road now that their development has already occurred. CEFCO has agreed
to work with the City to cover 50% of the cost. They have been very good to work with and staff
believe this to be an amiable solution. This roadway impacts their business, Chisum ISD and
several businesses along 7th SW, south of Loop 286. It continues to be a maintenance drain on our
resources in its current shape. This is a good example of why the city now requires development
to extend and/or improve roadway surfaces impacted by their development projects. Were it not
for the one-time available funding we currently have and a willing partner like CEFCO, improving
this roadway would be challenging at best.
The share of each partner is anticipated to be $145,447.50 for the project. Fikes Wholesale has
agreed to pay 50%, which could be more or less than this based on bids once they have come in.
The FY24/25 Budget has $2.5 million set aside for the Mill & Overlay project and this project.
The city's share will come from this account. This is remaining funding from the 2017 and 2018
GO Bonds. Design is underway in-house by City Engineering Staff, and bidding will commence
in May of this year.
OPTIONS
1. Grant approval for the City Manager to enter into a cost sharing agreement with Fikes
Wholesale, Inc. for the reconstruction of 7" Street SW into a concrete roadway.
2. Deny approval for the City Manager to enter into a cost sharing agreement with Fikes
Wholesale, Inc. for the reconstruction of 7t" Street SW into a concrete roadway.
;. Request additional information regarding this issue and bring forth to a future meeting of
the city council.
RECOMMENDATION:
1. Grant approval for the City Manager to enter into a cost sharing agreement with Fikes
Wholesale, Inc. for the reconstruction of 7th Street SW into a concrete roadway.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING A COST SHARING AGREEMENT BY AND BETWEEN THE CITY
OF PARIS, TEXAS AND FIKES WHOLESALE, LLC. FOR STREET
IMPROVEMENTS TO A PORTION OF 71h STREET SOUTHWEST IN THE
CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Fikes Wholesale, LLC (Fikes) is the owner and operator of a CEFCO gas
station and convenience store located at 2900 S. Church Street which caters to both general
automotive and heavy truck traffic; and
WHEREAS, said with the property is bound on one side by 71h St. Southwest, a city
street that is regularly used by heavy truck traffic to access the station; and,
WHEREAS, over time, heavy truck traffic has caused significant damage to parts of
the Repair Area, shown in the map attached to the Cost Sharing Agreement (Agreement)
attached hereto as Exhibit A; and,
WHEREAS, Fikes and the City have determined that it is to their mutual benefit for
the City to repair the Repair area via a full -depth replacement with concrete overlay to better
accommodate the heavy truck traffic and to make the street safer and more accommodating
to general automotive traffic; and
WHEREAS, Fikes and the City of Paris have agreed to a cost -share arrangement for
the funding of the repair of that portion of 7th St. SW whereby each party is responsible for
fifty percent (50%) of the Total Cost of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in
all things approved and are incorporated herein for all purposes.
Section 2. The City Council of the City of Paris hereby approves the Cost Sharing
Agreement attached hereto as Exhibit A and incorporated herein by referenced between the
City and Fikes Wholesale, LLC for the funding of the •repair of that portion of 7th St. SW
whereby each party is responsible for fifty percent (50%) of the Total Cost of the project.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 28th day of April, 2025.
Mihir Pankaj, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Exhibit A
COST SHARING AGREEMENT
Between the City of Paris, Texas and Fikes Wholesale, LLC
Re: Repair of 7th St. SW
This Cost Sharing Agreement (the "Agreement") is entered into by and between
the City of Paris, Texas, a Texas Home Rule Municipal Corporation ("City") and Fikes
Wholesale, LLC., a Texas limited liability company, for the repair of a portion of 7th St.
Southwest in the City (the "Project"). (Fikes and the City shall each be referred to as a
"Party" and collectives referred to as the "Parties".)
WITNESSETH:
I. Effective Date
1.1 This Agreement shall take effect on April 28, 2025.
11. Recitals
2.1 The Recitals set forth herein are a part of the terms of this Agreement for
all purposes.
2.2 Fikes is the owner and operator of a CEFCO gas station and convenience
store (CEFCO #1100) located at 2900 South Church Street which caters to both general
automotive and heavy truck traffic. The property is bounded to the west by 7th St. SW, a
City street, which is regularly used by heavy truck traffic to access the station.
2.3 Over time, the heavy truck traffic has cause significant damage to parts of
the Repair Area. The Repair Area is shown on the Map attached hereto as Exhibit A.
2.4 The parties hereto have agreed that it is to their mutual benefit for the City
to repair the Repair Area via a full depth replacement with concrete overlay to better
accommodate the heavy truck traffic and to make the street safer and more
accommodating to general automotive traffic (hereinafter referred to as the "Project.")
2.5 To that end, Fikes and the City have agreed to a cost -share arrangement
for the funding of the repair of that portion of 7th St. SW whereby each party is responsible
for fifty percent (50%) of the Total Cost of the Project.
2.6 The City Council of the City of Paris has found that this Agreement serves
a public purpose in that it allows for the repair of a damaged section of City street at a
significantly reduced cost for the Project.
III. Definitions
3.1 The following terms shall be defined as follows:
"Additional Costs" shall mean costs related to geotechnical work and compaction
testing for the Project.
"Bid Cost" shall mean the sum of the contract price listed in the Construction
Contract and the Construction Contract obtained by the City after placing them out for
bids as required by Chapter 252 of the Texas Local Government Code and awarding a
contract to the lowest responsible bidder plus the cost of the Geotechnical Contract
previously let by the City
"Compacting Contract" shall mean the contract entered into between the City and
the lowest responsible bidder to perform all compaction testing work necessary to
complete the Project.
"Construction Contract" shall mean the contract entered into between the City and
the lowest responsible bidder to perform all construction work necessary to complete the
Project. The City shall obtain Fikes' approval of the Construction Contract prior to the City
executing the Construction Contract.
"Estimated Cost" shall mean the projected pre-bid cost to complete the Project. At
the time of the execution of this Agreement, the Estimated Cost is TWO HUNDRED
NINETY THOUSAND EIGHT HUNDRED NINETY-FIVE AND NO/100 DOLLARS
($290,895.00), which includes projected construction costs ($280,000.00), previously
incurred geotechnical costs ($5,895.00), and compaction testing costs ($5,000.00) and is
noted herein for purposes of informing the parties of the expected cost of the Project;
however, the obligation of either party to remit payment to the other during Final
Settlement will be based on the Total Cost.
"Final Accounting" shall mean a document that City will provide to Fikes upon
payment of the final invoices related to the Project showing the actual Total Cost and how
such Total Cost was calculated.
"Final Settlement" shall mean any payments due to either party from the other
under the terms of Section 6.2 herein, and is meant to represent the true 50/50 split of
the Total Cost between the parties.
"Geotechnical Contract" shall mean the contract entered into between the City and
the Braun Intertec Corporation ("Braun") in the total amount of $5,895.00 to perform all
geotechnical work necessary to complete the Project. As of the effective date of this
Agreement, Braun has completed all services required under the Geotechnical Contract.
"Initial Payment" shall mean the payment referred to in Section 6.1 herein and shall
be in the amount of fifty percent (50%) of the Bid Cost.
"Project" shall mean a full depth replacement with concrete overlay of an
approximately 558 ft. portion of 7th St. SW running from Loop 286 to the north and ending
at the south end of the South Entrance.
"Property" shall mean the property owned by Fikes located at 2900 Church St.,
Paris, Texas, and operated by Fikes as CEFCO #1100.
"Repair Area" shall mean an approximately 558 ft. portion of 7th St. SW running
from Loop 286 to the north and ending at the south end of the South Entrance of the
Property. The Repair Area is shown on the Map attached hereto as Exhibit A.
"South Entrance" shall mean the southern vehicular entrance to the Property from
7th SW St. including the entire width of the entrance and extending to its southernmost
edge.
"Total Cost" shall mean the sum of the final amounts owed under the following: 1.)
the Construction Contract, including any change orders or amendments thereto; 2.) the
Geotechnical Contract, including any change or amendments thereto; and 3.) the
Compacting Contract, including any change orders or amendments thereto.
IV. Term and Effective Date
4.1 The effective date of this Agreement shall be April 28, 2025.
4.2 The term of this Agreement shall be from its effective date until the date of
Final Settlement.
V. Consideration
5.1 In exchange for the City's undertaking the Project, which is of benefit to
Fikes in that it will provide a much improved road service for both general and heavy truck
traffic to access its Property, Fikes agrees to pay to the City an amount equaling fifty
percent (50%) of the Total Cost of the Project.
VI. Cost Sharing and Funding Provisions
6.1 Prior to the commencement of construction, Fikes will remit to City an Initial
Payment in the amount of 50% of the Bid Cost. Fikes' obligation to make such payment
will be triggered by City's sending Fikes 1.) copies of the Construction Contract, the
Geotechnical Contract, and the Compacting Contract; and 2) an invoice for 50% of the
amount of the Bid Cost (currently estimated to be approximately $145,447.00 = 50% of
the Estimated Cost). Fikes shall remit a check or other bank draft made out to the City of
Paris, Texas for the invoiced amount within 15 days of the date of the invoice. Upon
receipt of payment by Fikes to the City, the City shall proceed with awarding a contract to
the successful bidder for construction.
6.2 Upon completion of construction and all inspections, City will provide a Final
Accounting of the Total Cost to Fikes. Should the Total Cost be either greater than or less
than the Bid Cost, the parties will determine Fikes' share of the Total Cost. Should the
Total Cost be greater than the Bid Cost, the City will provide an invoice to Fikes for 50%
of the difference along with the Final Accounting. Should the Total Cost be less than the
Bid Cost, the City will remit a payment for 50% of the difference to Fikes along with the
Final Accounting. The intent of this provision is to ensure that the parties bear a true 50/50
split of the Total Cost of the Project, and any payments made hereunder shall act as a
Final Settlement of this Agreement. Any payment owed by one Party to the other Party
will be due within 15 days of the date of the invoice.
6.3 Costs for engineering the Project and for inspections shall be borne by the
City and will not be included in the Total Cost
VII. Conditions
7.1 The terms and conditions of this Agreement are binding upon and
enforceable against and with respect to the successors and assigns of all parties hereto.
7.2 It is understood and agreed between the parties that Fikes, in performing
its obligations hereunder, is acting independently; the City assumes no responsibility or
liability in connection therewith to third parties. It is further understood and agreed among
the parties that the City, in performing its obligations hereunder, is acting independently;
Fikes assumes no responsibility or liability in connection therewith to third parties.
7.3 However, notwithstanding any other provision in this Agreement, the Parties
agree that, should a third party that executes the Construction Contract, the Geotechnical
Contract, or the Compacting Contract with the City fail to perform their obligations under
such contract, the City shall be responsible for taking all necessary steps to ensure either:
1.) the Project is completed (whether by taking legal action against the third party or
contracting with another third party to complete the Project); or 2.) the full amount of
money that was paid by Fikes to the City under this Agreement is refunded to Fikes in
full.
VIII. Authoritv to Contract
8.1 This Agreement was authorized by resolution of the City Council at its
regularly scheduled meeting on the 28th day of April, 2025, authorizing the City Manager
to execute the Agreement on behalf of the City.
8.2 This Agreement was entered into by Fikes Wholesale, Inc. pursuant to the
authority granted to the authorized official whose signature appears below.
8.3 This Agreement shall constitute a valid and binding Agreement between the
City and Fikes when executed in accordance herewith.
IX. Le al
9.1 Amendment. No officer, official or agent of the City has the power to amend,
modify or alter this Agreement or waive any of its conditions or to bind the City by making
any promise or representation not contained herein.
9.2 Assi nability. This Agreement, except by operation of law, shall not be
assigned or transferred by either Party without the prior written consent of the other Party,
which consent shall not be unreasonably withheld.
9.3 Notice. Any written notice required or permitted under the terms of this
Agreement shall be given and be deemed to have been duly served if either (1) delivered
in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the
United States mail, addressed to the designated representative of the respective parties
which are designated as follows:
FIKES:
Fikes Wholesale, LLC
Attention: Legal Department
6261 Central Pointe Parkway
Temple, TX 76504
With email copy to: james.skloda@caseys.com
CITY:
CITY OF PARIS, TEXAS
Attn: City Manager
P.O. Box 9037
Paris, TX 75461-9037
With a copy to:
City Clerk, City of Paris, Texas (address same as above)
City Attorney, City of Paris, Texas (address same as above)
9.4 Severability. If any term or provision of this Agreement shall be declared
unconstitutional or void by any court of competent jurisdiction, the constitutionality and
validity of the remainder of said Agreement shall not be affected thereby, and to this end
the terms and provisions of this Agreement are declared to be severable.
9.5 Entire Agreement and Governing --Law. This Agreement sets forth the entire
understanding between the parties, and any other understandings or agreements shall
be canceled and superseded by this Agreement upon the date of execution hereof. None
of the terms of this Agreement shall be waived, discharged, altered or modified in any
respect, except by an Agreement in writing signed by both parties and specifically
referring to this Agreement. The captions in this Agreement are included for convenience
only and shall not be taken into consideration in any construction or interpretation of this
Agreement or any of its provisions. This Agreement is performable in Lamar County,
Texas, and shall be governed by, construed and enforced in accordance with the laws of
the State of Texas. The provisions of this Agreement shall apply to, bind and inure to the
benefit of the City, Fikes, and their respective successors, and permitted assigns, if any.
9.6 Venue. Venue for any actions arising under this Agreement shall lie
exclusively in the courts of Lamar County, Texas for any State Court action, and in the
U.S. District Court for the Eastern District of Texas for any federal court action.
9.7 Drafting. Fikes and the City have both contributed to the drafting of this
Agreement, and no ambiguity, if any, contained in this Agreement shall be construed
against either party.
9.8 Compliance with Laws. Both Parties agree to comply with all applicable
federal, state and local laws, ordinances, rules and regulations. If a Party notifies the
other Party of any violation of such laws, ordinances, rules, or regulations, the Party
receiving the notification shall immediately desist from and correct the violation.
9.9 Non -Discrimination Covenant. Both Parties, for themselves, their personal
representatives, assigns, subcontractors and successors in interest, as part of the
consideration herein, agree that in the performance of their duties and obligations
hereunder, they shall not discriminate in the treatment or employment of any individual or
group of individuals on any basis prohibited by law.
9.10 Governmental Powers. It is understood and agreed that by execution of
this Agreement, the City does not waive or surrender any of its governmental powers.
Notwithstanding the foregoing, the City waives any immunity it may have related to being
sued for breach of this Agreement. Both Parties expressly acknowledge that they may be
sued for breach of this Agreement.
9.11 Non -Waiver. The failure of the City or Fikes to insist upon the performance
of any term or provision of this Agreement or to exercise any right granted herein shall
not constitute a waiver of the City's or Fikes's respective right to insist upon appropriate
performance or to assert any such right on any future occasion.
9.12 Force Maieure. The City and Fikes shall exercise their best efforts to meet
their respective duties and obligations as set forth in this Agreement, but shall not be held
liable for any delay or omission in performance due to force majeure or other causes
beyond their reasonable control (force majeure), including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy,
fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
Notwithstanding the foregoing, the Party whose performance is prevented or delayed by
such force majeure must notify the other Party thereof as soon as reasonably possible
after the occurrence thereof, and the Party claiming force majeure must exercise
reasonable diligence to overcome the effect thereof, and to resume performance
hereunder at the earliest moment reasonably possible.
9.13 No Waiver of Governmental Immunity. Nothing contained in this
Agreement shall be construed as a waiver of City's governmental immunity, or of any
damage caps or limitations imposed by law, or any other legal protections granted to City
by law, except to the extent expressly provided or necessarily implied herein.
Notwithstanding the foregoing, the City waives any immunity it may have related to being
sued for breach of this Agreement. Both Parties expressly acknowledge that they may be
sued for breach of this Agreement.
9.14 Mandatory Ownership Disclosure Provision. Fikes, in compliance with the
laws of the State of Texas, will execute and file Form 1295, notice of interested parties,
which can be found on the website of the Texas Ethics Commission at
ttjp '° t fJllhm tae. u l u � °i g a Jll lllwwi111 111 pi „ .
9.15 Mandatory Anti -Bo colt and Other Provisions. Fikes acknowledges this
Agreement may be terminated if this certification is inaccurate. Notwithstanding any other
provision in this Agreement, if this Agreement is terminated for any reason, other than a
violation of this Paragraph 9.15, the full amount of money that was paid by Fikes to the
City under this Agreement shall be refunded to Fikes in full.
i. Pursuant to Section 2271.002 of the Texas Government Code, Fikes
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. Fikes acknowledges this Agreement
may be terminated if this certification is inaccurate.
ii. Pursuant to SB 13, 87th Texas Legislature, Fikes 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. Fikes acknowledges this Agreement
may be terminated if this certification is inaccurate.
iii. Pursuant to SB 19, 87th Texas Legislature, Fikes 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. Fikes acknowledges this
Agreement may be terminated if this certification is inaccurate.
iv. Pursuant to Subchapter F, Chapter 2252, Texas Government Code,
Fikes certifies it is not engaged in business with Iran, Sudan, or a foreign
terrorist organization. Fikes acknowledges this Agreement may be
terminated if this certification is inaccurate.
--Signature Page to Follow--
THE CITY OF PARIS, TEXAS
Rose Beverly, City Manager
FIKES WHOLESALE, LLC
By: _Jay Soupene
Title: Authorized Signatory
THE STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Rose Beverly, City Manager of the CITY OF PARIS, a Texas
municipal corporation, known to me to be the person who's name is subscribed to the
foregoing instrument, and acknowledged to me that he has executed the same on the
City's behalf.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF , 2025.
Notary Public Lamar County, Texas
My commission expires
THE STATE OF §
COUNTY OF __ §
This instrument was acknowledged before me on the �.— day of ,
2025, by Jay Soupene, Authorized Signatory of MIKES WHOLESALE, LLC, known to me
to be the person whose name is subscribed to the foregoing instrument, and
acknowledged that she executed the same on behalf of Fikes Wholesale, LLC
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF .20
Notary Public a County,
My commission expires
REQUEST FOR BIDS
CITY OF PARIS, TEXAS
CONCRETE DEMOLITION AND CONSTRUCTION
May 1, 2025 —April 30, 2026
Introduction
The City of Paris is requesting bids from responsible and qualified contractors to provide concrete demolition and
construction services for the City of Paris to include, but not limited to, curb and gutter, driveway approaches, valley
gutters, and sidewalks. More information is provided later in this document. Pursuant to Texas Local Government
Code Section 252.021, this Request for Bids is being advertised because the total expense for this project is expected
to exceed $50,000.00.
The enclosed REQUEST FOR BIDS (RFB) and accompanying specifications are for your convenience. Respondents
are cautioned that the Paris Public Works Director is the sole point of contact for the City of Paris (the City) during
this bidding process. Any oral statement by any representative of the City, modifying or changing any conditions of
this RFB, is an expression of opinion only and confers no right upon the respondent. If additional information is
needed to interpret the specifications, written questions will be accepted by:
Michael Smith
Public Works Director
50 W. Hickory Street
Paris, TX 75460
(903) 784-9289
msmith@paristexas.gov
Submittal Instructions
1. Method of Submittal: Sealed Hardcopy in Envelope
No electronic and/or facsimile copies will be accepted.
2. RFB Deadline: Bids ARE DUE NO LATER THAN 1:30 p.m. on Monday, April 216`
Bids opening will be at 1:30 p.m. on Monday, April 2111,
at City Council Chambers, 107 E Kaufman, Paris, Texas.
3. If Hand Delivery:
Destination: City Manager's Office
135 SE 151 Street
Paris, TX 75460
Mark Envelope: RFB: Concrete Demolition and Construction
City of Paris Public Works Director's Office
4. If Mailing: City of Paris
PO Box 9037
Paris, TX 75461
ATTENTION: City Manager and Public Works Director
RFB: Concrete Demolition and Construction
5. Number of Copies: One (1) Original
General Information
1. The City of Paris appreciates your time and effort in preparing a submittal.
2. Entities interested in this project are advised to carefully review the information outlined in this RFB and
respond accordingly and succinctly, attaching only relevant information.
Page l of 26
3. All submissions must be received in accordance with the Submittal Instructions listed above. Any submittal
received after this deadline will be rejected. The City of Paris is not responsible for lateness or non-delivery
of mail, carrier, etc., and the date/time stamp in the City Manager's Office will be the official time of receipt.
4. Opening is scheduled in the City Hall City Council Chambers at 1:30 p.m., Monday, April 21st. All are
invited to attend.
5. Submittals are to be signed by an official authorized to bind the firm in a contract.
6. The City of Paris reserves the right to reject any and all submittals or waive any irregularities or technicalities
in the submittals which at the City's discretion are determined to be in the best interests of the City. The City
further reserves the right to make awards to the responsible entity whose submittal is determined to be the
most advantageous to the City of Paris. The City further reserves the right to reject any and all submittals
responding to this invitation without indicating any reasons for such rejection(s). The City further reserves
the right to postpone due dates for its own convenience and to withdraw this solicitation at any time without
prior notice. This invitation does not commit the City to pay any costs incurred in preparation of this
submittal, or to procure or contract for any services.
Careful consideration should he given before confidential information is submitted to the City of Paris as part
of your submittal. Review should include whether it is critical for evaluating your submittal, and whether
general, non -confidential information may be adequate for review purposes. Information submitted to the
City of Paris that the respondent wishes to have treated as proprietary and confidential trade secret
information should be identified and labeled "Confidential" or "Proprietary" on each page at the time of
disclosure. This information should include a written request to exempt it from disclosure, including a written
statement of the reasons why the information should be excluded from record requests. However, the City
of Paris is bound to open records laws and therefore cannot guarantee the confidentiality of any information
submitted.
8. A response may not be withdrawn or canceled by the respondent without the permission of the city for a
period of ninety (90) days following the date designated for the receipt of responses.
9. Any interpretations, corrections or changes to this specification will be made by addenda. Sole issuing
authority of addenda shall be vested in City of Paris Public Works Director. Addenda can be found on the
City of Paris website https://www.paristexas.gov/111/public-Works-Recreation. Addenda can also be
obtained by calling City of Paris Public Works Director's office at 903-784-9289. It is the responsibility of
the respondent to obtain a copy of all addenda pertaining to this RFB.
10. Minimum Standards for Responsible Entity: A prospective respondent must, if requested, affirmatively
demonstrate responsibility and ability to meet the following requirements:
a. Be licensed in the State of Texas;
b. Have adequate financial resources, or the ability to obtain resources required;
c. Be able to comply with the required or proposed delivery schedule;
d. Have a satisfactory record of performance;
e. Have a satisfactory record of integrity and ethics;
f. Be otherwise qualified and eligible to receive an award.
City of Paris may request clarification or other information sufficient to determine entity's ability to meet
these minimum standards listed above. Failure to respond to such requests shall be cause for removal from
consideration.
11. Certificate of Interested Parties (Form 1295): In 2015, the Texas Legislature adopted House Bill 1295, which
added Section 2252.908 of the Government Code. The law states that a governmental entity may not enter
into certain contracts with a business entity unless the business entity submits a disclosure of interested parties
to the governmental entity. The disclosure of interested parties will be submitted online via Form 1295 and
must be submitted to the governmental entity prior to any signed contract and/or vote by the governing
authority.
Page 2 of 26
a. The Filing Process:
i. Prior to award by City Council, your firm will be required to log in to the Texas Ethics
Commission, vo w ny F win r!9Iiy,ni and fill out
the Electronic Filing Application.
ii. Once submitted, the system will generate an electronic Form 1295 displaying a "Certificate
Number." Your firm must print, sign and notarize Form 1295.
iii. Within seven (7) business days from notification of pending award by the City of Paris
Purchasing Department, the completed Form 1295 must be submitted to City of Paris.
iv. Your firm will need to repeat this process and obtain a separate Form 1295 each time you
enter into a new contract, renew a contract or make modification and/or amendments to a
City of Paris contract.
b. Instructions and information are available at https://www/ethics.state.tx.us/tec/1295-lnfo.htm or
you may call the Texas Ethics Commission at (512) 463-5800.
BY SUBMITTING A RESPONSE YOUR FIRM AGREES TO ADHERE TO HB 1295 REFERENCED
ABOVE.
Please Note: No action required until notification of potential award by the City of Paris.
12. Price is to be exclusive of any applicable taxes. The bidder is hereby notified that the City of Paris is exempt
from state and local sales taxes. The City of Paris tax exemption number is 1-756000635. A tax exempt
certificate will be furnished upon request.
Pro,„ject Sco a Overview
It is estimated that 4,500 linear feet of Curb and Gutter, 50 linear feet of WPA Curb and Gutter, 4,000 square feet of
Driveway Approaches, 2,500 square feet of Reinforced Concrete Sidewalk, and 200 square feet of Valley Gutters will
be repaired and/or installed during the period of May 1, 2025 through April 30, 2026. Exact quantities cannot be
guaranteed or determined, but best estimates are as indicated above. Quantities may be increased or decreased to meet
the requirements of the Public Works Department during the period shown above. Minimum quantities are not
guaranteed.
S arecif cations and Ren uirements
Demolition and construction of Curb and Gutter, Standard Driveway Approaches and Concrete Sidewalk must
conform to the following guidelines and attached drawings.
1. Concrete Curb_and...Gutter: All concrete used for curb and gutter in the City of Paris will have a cement
11
content of not less than 5 sacks of cement per cubic yard of concrete and a minimum compressive strength
at 28 days of 3,000 pounds per square inch. The unit price bid for curb and gutter shall include 3 #3 bars of
reinforcing steel. All loose material between the form will be removed and the grade wetted prior to the
placing of the concrete. An approved curing compound shall be applied to the surface in accordance with
Item #7 — "Curing".
2. Concrete Valley Gutters: All concrete valley gutters shall have a thickness of six (6") inches. Concrete valley
gutters shall be reinforced with #4 bars on eighteen (18") inch spacing on both directions. All concrete shall
have a minimum cement content of 5 sacks per cubic yard and a minimum compressive strength at 28 days
of 3,000 pounds per square inch. An approved curing compound shall be applied to the surface in accordance
with Item #7 — "Curing".
3. ReinforcmL, Steel,: All reinforcing steel used on this project shall comply in all respects to Item 440,
"Reinforcing Steel" of the Standard Specifications for Construction of Highways, Streets, and Bridges as
adopted by the State Department of Texas on June 1, 2004. Payment for reinforcing steel shall be considered
subsidiary to the various bid items.
4. C,, p, riicrete Dr yewa,ys: Driveways shall be composed of concrete having a minimum cement content of 5 sacks
per cubic yard and a minimum compressive strength at 28 days of 3,000 pounds per square inch. The unit
bid price shall also include #3 bars of 12 inch, or #4 bars on 18 inch centers both ways. An approved curing
compound shall be applied to the surface in accordance with Item #7 — "Curing".
Page 3 of 26
5. Concrete Sidewalks:
a. Materials: Sidewalks shall be constructed of concrete with a minimum cement content of 5 sacks of
cement per cubic yard of concrete, 3% entrained air, and a compressive strength of not less than
3,000 pounds per square inch at 28 days. Reinforcing steel shall be #3 bars on 18" centers both
ways located two inches (2") below the top surface of the sidewalk. As soon as the concrete has
obtained its initial set, a white pigmented approved curing compound shall be applied.
b. Construction Procedure: In general, the grade of the sidewalks shall be established with respect to
the curb. Forms shall be set for all sidewalk and shall be true to line and grade. Forms shall be set
to provide a minimum cross slope of '/ inch per foot across the sidewalk toward the street. All
forms shall remain in place at least twenty-four (24) hours.
The plane of all joints shall make a right angle with the surface of the pavement. No joints shall
have an error in alignment of more than one-half (1/2") inch at any point. The edges of the slab at
all joints, except where joints are sawed, shall be rounded with an edger having a radius of one-
quarter (1/4") inch, except as otherwise shown on the plans. The edging shall also be done
symmetrically on each section with the plane of the joint.
Longitudinal expansion joints, joints used to separate new from old concrete, and joints around all
fire hydrants shall be made of conventional one-half (1/2") inch asphalt expansion joint material
extending completely through the concrete unless otherwise specified on the plans.
Contraction joints shall be made in the sidewalk at regular intervals, such intervals generally being
equal to the width of the sidewalk.
The contractor shall grade or fill, as necessary, along the sidewalk to match the existing ground.
Care will be used to ensure that adjacent property outside the right-of-way line is protected.
6. Concrete... Street Revairs: All concrete street repairs shall have a thickness of eight (8") inches. Concrete
street repairs shall be reinforced with #4 bars on twelve (12") inch spacing on both directions. All concrete
shall have a minimum cement content of 5 sacks per cubic yard and a minimum compressive strength at 28
days of 3,000 pounds per square inch. An approved curing compound shall be applied to the surface in
accordance with Item #7 — "Curing".
7. Curing: All concrete shall be cured by protecting it against loss of moisture for a period of not less than
seventy-two (72) hours. Immediately after the surface water sheen has disappeared, impervious membrane
curing compound shall be applied uniformly to the surface of the pavement. The membrane curing compound
shall be sprayed in one application at a rate of not less than one gallon to one hundred eighty (180) square
feet of pavement area. The concrete surface to which membrane curing compound is applied shall be
protected from abrasion or damage which results in perforation of the membrane film during the fust seventy-
two (72) hours after application. After removal of forms, the sides shall be coated with membrane curing
compound prior to the banking of earth against them. The curing method as herein specified does not
preclude the use of any of the other commonly used methods of curing, and the Engineer may approve them
if so requested by the contractor. Payment for curing is considered subsidiary to other bid items in this
contract.
8. Demolition: Contractor is responsible for the demolition, disposal and cleanup of existing curb/gutter,
driveway approaches, sidewalk, etc.
9. Construction: Contractor is responsible for the construction of new curb/gutter, driveway approaches,
sidewalk, etc.
10. ADA: All construction must comply with American Disabilities Act (ADA) and standard TXDOT
specifications, except as amended by the project specifications or drawings to be provided by the City.
11, Site: Contractor is responsible for keeping the project area clean during construction and is responsible for
final cleanup of project site.
Page 4 of 26
12. Locations: The City of Paris Public Works Department will assign project areas as needed in various
locations.
13. Down Time: The City of Paris will direct the work in coordination with the contractor to expedite completion
of work and to minimize any down time and moving time.
14. ln.5rection: The City of Paris Public Works Department will inspect the project site on a daily basis.
15.Quantities: Quantities shown in this RFB are estimated quantities only.
16. Point of Contact: The contractor selected for this assignment will work closely with City staff. The Street
Superintendent, or his designee, will serve as the primary point of contact and will be responsible for
coordinating and implementing the subsequent work. Other officials who will be involved in this project
include, but are not limited to, the Public Works Director and the City Engineer.
Submittal Format
All submittals must follow the same format. No exceptions to this format will be accepted. To he accepted for
evaluation, the submittal format must address all required components in order.
The aim of the required format is to simplify the submittal preparation and evaluation process and to ensure that all
submittals receive the same orderly review.
All submittals must include the following components:
A. Cover Letter and Firm Profile
B. Signature Affidavit
C. Attachment I — Conflict of Interest Questionnaire
D. Attachment II — Bid Form
E. Attachment III — Resolution 2020-052
a. Appendix A — Safety Record Application
b. Appendix B --Safety Record Survey, Projects #1-5
Submittal Comluonents
A. Cover Letter and Firm Profile: Provide the following information about your firm:
• The firm's name, e-mail address, business address, phone number and fax number
• Types of services and products offered
• Number of years in business
• Number of employees
• Names of supervisors to be assigned to this project
• The location of the offices that would provide the project services
• A brief statement of the firm's background, demonstrating longevity and financial stability
• Current workload
• Demonstrate the ability of your firm to complete deadlines.
B. Signature Affidavit
C. Attachment I — Conflict of Interest Questionnaire
D. Attachment II — Bid Form
E. Attachment III — Resolution 2020-052
Selection Criteria
If a bid is submitted in which there is a material failure to comply with the Submittal Format and Selection Criteria,
Page 5 of 26
such bid shall be rejected, and the contract shall be awarded to the next lowest responsible bid conforming to said
Submittal Format and Selection Criteria.
The City of Paris may use the following selection criteria to evaluate bids prior to awarding a contract:
1. The price;
2. The offeror's experience and reputation;
3. The quality of the offeror's goods or services;
4. The impact on the ability of the governmental entity to comply with rules relating to historically underutilized
businesses;
5. The offeror's safety record;
6. The offeror's proposed personnel;
7. Whether the offeror's financial capability is appropriate to the size and scope of the project; and/or
8. Any other relevant factor specifically listed in the request for bids, proposals, or qualifications.
Following a review of submittals, it is the intent of the City that a contractor will be selected. The City and selected
contractor will work collectively to negotiate a contract for the services. If a contract cannot be successfully negotiated
with the selected contractor, discussions will be terminated, and a contract will be negotiated with another contractor.
Subject to a successful negotiation of a contract, City Staff will make a recommendation to the City Council at the
next available City Council meeting. All participating contractors will be notified by the City of its final decision.
The City is not obligated to provide status updates to contractors of its progress or process.
Contract
The selected contractor will be expected to use the attached Professional Services Contract for completion of this
project. If there are any perceived issues with the attached contract, please note those in writing and submit them with
your submittal. The City reserves the right to edit and/or amend the attached Contract prior to and/or during
negotiations with a selected firm.
Minimum Insurance
Please see the attached Professional Services Contract for details on minimum insurance requirements.
We thank you for your time and interest in preparing a submittal for the City of Paris Concrete Demolition and
Construction RFB.
THE REST OF THIS PAGE LEFT BLANK INTENTIONALLY
Page 6 of 26
RICHARD DRAKE
CONSTRUCTION COMPANY
RICHARD DRAKE CONSTRUCTION COMPANY, L.P.
COMPANY PROFILE
COMPANY NAME: Richard Drake Construction Company L.P.
MAILING ADDRESS: 6290 Hwy. 271 N. Powderly, Texas 75473
E-MAIL ADDRESS: k��� z����.` �I�i� tsC„i�P m apuw
PHONE: (903) 732-4781
FAX: (903) 732-4340
TYPES OF WORK PERFORMED: Asphalt and Concrete Paving and demo, Concrete Slabs,
Site Work, Pipe Work, Trucking, Aggregates, and Hot -Asphaltic Material
YEAR STARTED IN BUSINESS: 1981
NUMBER OF EMPLOYEES - 90
SUPERVISOR THAT WILL BE ASSIGNED TO THIS PROJECT: Florentino Salazar
LOCATION OF OFFICES: 6290 Hwy. 271 North, Powderly, TX 75473
4735 Lamar Avenue, Paris Texas 75462
221 CR 12530, Paris Texas 75462
Our company has 41 years' experience and had established relationship with various Material
Vendors and Financial Institutes in this area and has the financial ability to complete this project.
Richard Drake Construction has the bonding capacity more than $50 million with $100 million
in aggregate backlogs.
Richard Drake Construction has a history of completing projects on time or ahead of schedule if
the weather or changes within the scope of work remain the same as the project was bid. All our
projects with deadlines are Asphalt Projects with TxDOT, Asphalt Project for the City of Hugo,
Asphalt Project for the City of Blue Ridge, Curb and Gutter Project for the City of Sulphur
Springs and Curb and Gutter Project 2021 which is expiring for the City of Paris.
6290 Hwy 271 N �� POWDERLY, TEXAS 00 75473 903.732.4751 1/t FAX -903,732.4340
www.richarddrakeconstruction.com
SIGNATURE AFFIDAVIT
Please include this si^,nature affidavit with your submittal.
The undersigned, submitting this response, hereby agrees with all the terms, conditions, and specifications required
by the City in this Request for Bids, and thereby declares that the attached submittal is in conformity therewith.
Submittal shall provide the complete information requested above.
Include the legal name of the firm and signature of the person legally authorized to bind the firm to a contract.
KI61ArtQt� "kms l.bpt v�''�� a 1
Finn
--- ,_
Signature
Title
�. Apt,%- 17.E Zb ZS
Date
Telephone
„ho�r�oM d'�cc.� pori•
Email
Page 7 of 26
ATTACHMENT
NOTICE TO ALL CITY VENDORS AND ALL POTENTIAL CITY VENDORS:
On May 23, 2005, the Texas Senate passed House Bill 914, adding Chapter 176 to the Local Government Code,
and imposing new disclosure and reporting obligations on vendors and potential vendors to local governmental
entities beginning on January 1, 2006. Failure to abide by these new statutory requirements can result in possible
criminal penalties. The City of Paris is requiring you to complete the attached Conflict of Interest Questionnaire
(CIQ) Form, prepared by the Texas Ethics Commission, at the direction of the legislature and strongly recommends
you become familiar with House Bill 914.
The City of Paris will not provide any further interpretation or information regarding these new requirements;
however, you may contact the Texas Ethics Commission at http://www.ethics state.tx.us/_or at 1-512463-5800.
Please remit the CIQ form below with your response.
Thank you.
Page 8 of 26
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
ComCompd 6 if
Complete Nos. 1, 2, anand there if thereinterested are partted parties. � � � �� �� CERTIFICATION E USE
OF FILING
1 Name of business entity filing form, and the city, state and ���-�
s country of the business entity's place Certificate Number:
of business. 2025-1292938
Richard Drake Construction
Paris, TX United States Date Filed:
2" Name of goverrimenf � entity or state agency Yhat is a pang to type contract for-w)tic6i the form is - " 04/08/2025
being filed.
City of Paris Date Acknowledged:
description of the services, Dods, or by the governmental entity or state agency to track or identify
www�w
3 Provide the identification number used dentify the contract, and provide a
p g other property to be provided under the contract.
Concrete Demo and Construction
Curb/gutter, standard driveway approaches, valley gutters, and sidewalks
_. .......... .------ �.. . .._...__....... ..................... _....___ -
Nature of interest
4
Name of Interested Party � City, State, Country (place of business) check applicable)
Controlling Intermediary
�......_..ri ......._........
5 Check only if there is NO Interested Party. ❑
X
wa _....._.............. ............ ....k., ._ _..... .. _..._.. ...�........
6 UNSWORN DECLARATION
My name is . . � ^ , _ _,® and my date of birth is4n
.a„
My address is ) 1' i.Z 12
_• '�%J�
(street) (city) {state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in �pk ......:. ®,,,,,,,,, County, State of 'T;:XA S on the day of i1. _ 2D 7.5.
(month) {year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission W www.ethics.state.tx.us WW Version V4.1.0.e02d622
1
CONFLICT OF INTEREST
For vendor doing business with floc alOUESTIONNAIRE governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at httpyANww.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form,
ed an commercial activity of one of the parties. The term does
ears a connection between two or more parties
Of include a connection based on:
(A} a transactaon that is subject to rate or fee regulation by a governmental entity;
federal, state, or local governmental entity oragency of a federal, state, or fecal an
(g) a transaction conducted at a price and subject to terms available to the public: ®r
bj ease o goods or services from a Person that is chartered by a state or federal
that is subject
to regular examination by, and reporting to, that agency. agency and
Local 9501��_r!!Mnt Code
L@Lqd Lq,
(a) A local 6�oTeinment officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) thevenclor.
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12 -month Period
Preceding the date that the officer becomes aware
(i) a contract between the local governmental
or I entity and vendor has been executed;
(ii) the local governmental entity is considering entering into contract -with the
vendor; a
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value Of more than $i oo in the 12 -month period Preceding the date the
officer becomes aware that;
W a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Locales "—eqt CqO911764%4�ljq. ... 11
(a) A vendor shall file—a 'completed conflict of interest questionnaire if the vendor has a business relati
with a local governmental entity and:
onship
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, ora family member of the officer, described by Section 176.003(a)(2)(A),
h
officer, one or more gifts with .003(a)(2)(13), excluding any
the aggregate value specified by Section 176 1
(2) as given a local government officer Of that local governmental entity, or a fami y member of the
gift described by Section 176.003(a-1); or e
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with thea ppropriate records administrator
not later than the seventh business day after the later of.
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(13) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a Potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
M Of a family relationship with a local government officer,
Form Provided by Texas Ethics
WWW.0thics.sjaj0.jX.US
Revised 11/34/2016
ATTACHMENT H
Page 10 of 26
BID FORM
CONCRETE DEMOLITION AND CONSTRUCTION
MAY 1, 2025 -APRIL 30, 2026
Name of Contractor:Ri c h ard D I ra I ke -1 C o nst ruc I t I i I o I n Company, 11 .. I ILP
Address: 6290 Hw y 11 271 1-11 North — - ------------- ---------
Powderly, Texas 75473
....................... ...
Phone Number'. 903-732-4451 ----- - - ----------
The following bid form contains estimated quantities for bidding purposes. The City of Paris does not guarantee these
quantities as exact amounts for purposes of actual work to be performed from May 1, 2025 to April 30, 2026, If the
bidder does not wish to bid on an item below, please write "No Bid" on the line provided.
The Bidder hereby states that the following is in compliance with the RFB Specifications and Requirements and is
bid as unit prices and not lump sum.
A. Curb and Gutter Installation - City Standard, 6" - Estimated Quantity: 4,500 L.F
36.80 . . ...... .... per LY
8.50 per L.F. Removal and Disposal
$ 45.30 Total price
B. WPA Style Curb And Gutter To Match Existing Installation - Estimated Quantity: 50 LY,
61.00
$ ... ....... . per L.F.
$ 1 " 1 0 , 0 ----- ------ per L.F. Removal and Disposal
72.00 .... ...... __ . ..... Total price
- - -- -- ----------- — , __
C. Driveway Approach Installation - City Residential Standard - Estimated Quantity: 4,000 S.F.
13.00
$ per S.F.
3.35
per S.F. Removal and Disposal
16-3-9
....... Total price
D. Sidewalk -City Standard - Estimated Quantity: 2,500 SX.
10.40
......... . per S.F.
3.00
$ . .... per S.F. Removal and Disposal
$ 13.40 Total price
...... . .... . ......
E. Valley Gutters - Estimated Quantity: 200 S.F.
Page 11 of 26
16.50
per SY,
7.00
_ , , per S.F. Removal and Disposal
23.50 ..... . ...... -111,1mm m Total price
F. Concrete Street Repairs — Estimate Quantity: 1,000 S.F.
16.90
_ per S.F.
5.70 per S.F. Removal and Disposal
22.60 Total price
Page 12 of 26
ATTACHMENT III
RESOLUTION NO. 2020-052
Page 13 of 26
RESOLUTION N0. 20201-.052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING THE ADOPTION OFA POLICY FOR CONTRACTING FOR AND
DELIVERY OF CONSTRUCTION PROJECTS AND SETTING OUT CRITERIA
FOR DETERMINING IF A PROSPECTIVE BIDDER IS A RESPONSIBLE
BIDDER.
WHEREAS, the City of Paris, Texas is a Home Rule Municipality C"City"); and
WHEREAS, Chapter 252.021, Texas Local Government Code, states that
"before a municipality may enter Into a contract that requires an expenditure of more
than $50,000.00 from one or more municipal funds, the municipality must:" ...
"comply with a method described by Chapter 2269, Texas Government Code"; and
WHEREAS, Chapter 2269, Texas Government Code, governs the procedures for
the contracting and delivery of construction projects for municipalities; and
WHEREAS, Chapter 2269 provides several methods by which a city may
procure and contract for such services; and
WHEREAS, Chapter 2269, Subchapter C, sets forth the competitive bidding
method whereby a governmental entity may contract for the construction, alteration,
rehabilitation, or repair of a "facility", defined as an improvement to real property, by
awarding the contract to the lowest responsible bidder; and
WHEREAS, Section 2269.055 sets forth criteria that a governmental entity may
consider in awarding a contract under Chapter 2269, including but not limited to the
safety record of the offeror; the of€eror's experience and reputation; and any other
relevant factor specifically listed in requests for bids, proposals, or qualifications; and
WHEREAS, the City Council of the City of Paris, Texas, desires to implement
Texas Government Code Chapter 2269 and to adopt a Safety Record Policy and Bid
Specification Criteria to review the performance of all prospective bidders in
determining the most responsible bid under Chapter 2269, Subchapter C as well as in
awarding contracts pursuant to the other methods outlined and allowable under said
Chapter; and
WHEREAS, the City of Paris will include in the specifications on various bid
projects a safety application and safety survey related to the safety record of
prospective bidders and will set out the criteria by which the bids, proposals, or
qualifications will be judged; and
WHEREAS, the results of the information received will be used by Staff to
prepare a recommendations for City Council as to the awarding of such contracts for
public works projects as set forth in Chapter 2269;
Page 14 of 26
NOW, THEREFORE, BE IT RESOLVED BY THE CI'T'Y COUNCIL OF THE CITY
OF PARIS, TERAS, THAT:
SECTION 1. The above recitals are found to be true and correct and
incorporated herein for all purposes.
SECTION 2. The City Council of the City of Paris, Texas hereby adopts the
policy attached hereto as Exhibit A and incorporated herein by reference regarding
Contracting and Delivery Procedures for Construction Projects, including Bid,
Proposal, and Qualifications Specification Criteria which includes factors that may be
used in determining whether a prospective bidder is a responsible bidder on the basis
of safety and other relevant information.
SECTION 3. The City Council of the City of Paris, Texas, hereby authorizes
the establishment of a Safety Record Policy, which includes an Appendix "A" Safety
Record Application and an Appendix "B" Safety Record Survey, a copy of which is
attached to this Resolution as Exhibit B and incorporated herein by reference.
SECTION 4. The Safety Record Policy and Bid Specification Criteria will be
provided to all prospective bidders as part of the contractors bid specifications
packet.
SECTION 5. This Resolution shall be in full force and effect from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, ON THE 14TH DAY OF DECEMBER, 2020.
Ellis, City Clerk
,PROVED AS TO FORM:
ro.
Stepanie H. Harris, City Attorney
Page 15 of 26
Steve,ml
ClA.D., Mayor
Page 15 of 26
CONSTRUCTION a
Purpose of Policy: The purpose of this policy is to Implement Chapter 2269 of the Texas
Government Code, "Contracting and Delivery Procedures for Construction Projects" for all
construction projects involving expenditures over the amount of $50,000.00.
Statement of Policy: it is the policy of the City of Paris, Texas that the City's procurement
of contracts for construction projects of public works will be governed by Chapter 2269 of
the Texas Government Code, and the City may from time to time avail itself of each of the
methods set forth in said Chapter 2269 as it may from time to time be amended. Such
methods include:
Subchapter C:
Competitive Bidding Method
Subchapter D:
Competitive Sealed Proposal Method
Subchapter E-
Construction Manager -Agent Method
Subchapter F;
Construction Manager -At -Risk Method
Subchapter G:
Building Using Design -Build Method
Subchapter 1:
job Order Contracts Method
city of Paris Bid, Proposal, and Qualifications Selection Criteria: As authorized by
Section 2269.055, Texas Government Code, the City of Paris may use the following criteria
to evaluate bids, proposals, and qualifications prior to awarding any construction contract
under this policy, including but not limited to using the criteria to determine whether a
bidder under Chapter 2269 Subchapter C, "Competitive Bidding Method," is a responsible
bidder:
1. The price;
2. The offeror's experience and reputation;
S. The quality of the offeror's goods or services;
4. The impact on the ability of the governmental entity to comply with rules relating
to historically underutilized businesses;
5_ The offeror's safety record;
6. The offeror's proposed personnel;
7. Whether the offeror financial capability is appropriate to the size and scope of the
project; and/or
S. Any other relevant factor specifically listed in the request for bids, proposals, or
qualifications.
Page 16 of 26
Lowest Responsible Bidder. If a bid is submitted in which there is a material failure to
comply with the Selection Criteria, such bid shall be rejected and the contract shall be
awarded to the next lowest responsible bid conforming to said Selection Criteria.
Methods other than Competitive Bidding: For all methods other than Competitive
Bidding, the City shall abide by all statutory requirements for each method of procurement
set forth in Texas Government Code Chapter 2269.
Copy of Policy an d Selection Criteria to be provided to all offerors: The City shall Include
a copy of this Policy and the Safety Record Policy in all requests for bids, proposals, and
qualifications made under this Policy.
Page 17 of 26
EXHIBIT 13
CITY OF PARIS
The City of Paris, Texas shall determine the safety record of prospective bidders
through the administration of a Safety Record Policy.
�ZQ`
The Safety Record Policy is an evaluation unit which provides previous performance
Information on prospective bidders. An application and information sheet providing
the criteria shall be included in bid specifications depending upon the size of the
contract of the services to be rendered. This document will be required when
submitting a formal bid (See Appendix "A").
CIRUMA
The performance measures for the safety record are in accordance with Section
§252.0435 of the Texas local Government Code which authorizes the governing body
to adopt written definition and criteria for accurately determining the safety record
of a prospective bidder. The criteria include the following:
A. The las five (5) projects on which the bidder was the "successful bidder".
B. Any lawsuits, proceedings or arbitration filed against the bidder.
C. Credit references including a financial institution.
D. Workers' Compensation insurance carriers.
E. Claims of personal injury, death or property damages on any project(s).
The Survey in Appendix "B" shall be sent to the contractors references to provide
information on the safety record of the prospective bidder, The results will be
tabulated and included in the information provided to the City Council when
determining the most responsible bidder.
APPENDIX "A"
Page 18 of 26
SAFETY RECORD APPLICATION
Bidder's Name: Richard Drake Construction Company, LP
A. List the last five (5) projects on which you were the successful bidder. Provide a name and address for each
project.
Project#1 Campbell Soup Company
Hourly Parking Lot Mill and Inlay
Khushrooh Pardiwalla
500 NW Loop 286, Paris, TX 75461
Project #2 Bobby Smallwood Construction
Lamar County Emergency Facility
Bart Chadwick
555 Lamar Avenue, Paris, TX 75460
Project #3Lama r Electric Coop
.................. ...... ...-
Paving at Transformer Storage Area
Drew Conder
5225 US -82, Blossom, TX 75416
Project #W Potters Industries LLC
Storm Drain Demo and Repair
Doyle Hively
1601 19th NW Street, Paris, TX 75460
Project #5 Kiewlt / TIC
Delilah 11 - County Road Improvements
Johnnie Biser
1541 CR 16560
B. List any lawsuits; administrative or arbitration proceedings to which you have been a party in the last three
(3) years. Give the style of case, number and names and addresses of the other parties.
None
C. Provide three (3) credit references, one of which must be a financial institution.
Reference #1 y k
First Federal ommunit an
Page 19 of 26
WC Carrier #3 Texas Mutual . . . .. . ............. . ...
WCCarrier #4 Texas Mutual
WC Carrier #5 Texas Mutual
Add an additional sheet if more.
E. List claims made against you by your employees or third parties for personal injury, death or property damage
on projects listed in Item A.
Project #1 None . . ................ .... . .. . .......
Project #2
Project #3
Page 20 of 26
Project #4
Project #5
Page 21 of 26
APPENDIX'W
SAFETY RECORD SURVEY
PROJECT #1
Name of Bidder:
Richard Drake
Construction Company, LP
sent To: Campbell Soup Company
Name: Khushrooh Pardiwalla
50Q NW Loop oop 6, Paris, TX 75461
Phone: 903-401 0881
Project: Hourly Parking Lot Mill and Inlay
Please circle the number that best represents your rating of performance with regard to the above "Bidder".
1=Poor 2=Average 3=Good 4=Excellent
1. Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or
contractual services as required?
I 2 3 r4'
2. Did the bidder perform the contract or provide services promptly, or within the time required, without delay
or interference?
1 2 3 64r
3, Did the bidder show character, responsibility, integrity, good reputation and experience?
1 2 3 4
Company Name: wt t�.r .....°........ it =�
..?�
Authorized Signature:
+
��'°7
Date: � ...m.. W,. ... mm....
Page 22 of 26
APPENDIX "B"
SAFLTY RECORD SURVEY
E'R,T #2
Name of Bidder: Richard Drake Construction Company, LP
Sent To: Bobby Smallwood Construction
Name: Bart Ch11 a 11 dwick
Address: 555 Lamar Avenue, Pans, TX 15460
phone: 903-249-1641
Project Lamar County Emergency Facility
Please circle die number that best represents yoarrating ofpc6onnance with regard to the above `Bidder".
1=Poor 2=Average 3=Good 4 --Excellent
2. Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or
contractual services as required?
2 2 3
2. Did the bidder perform the contract or provide services promptly, or within the time required, without delay
or interference?
1 2 3 4
3. Did the bidder show character, responsibility, integrity, good reputation and experience?
l r
2 3 4
Company Mame.
/ r`
Authorized Signature:
Date:
Page 23 of 26
APPENDIX "B"
SAFETY RECORD SURVEY
PROJECTM
Name of Bidder: Richard Drake Construction Company, LP
Phone: ..T -z.,...,
Project: Paving at Transformer Storage Area
Please circle the number that best represents your rating of performance with regard to the above `Bidder'
I=Poor 2=Average 3=Good 4 --Excellent
3. Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or
contractual services as required?
3 2 3
2. Did the bidder perform the contract or provide services promptly, or within the time required, without delay
or interference?
1 2 3 0
3. Did the bidder show character, responsibility, integrity,
good reputation and experience?
1 2 3
Company Name:
Authorized Signature:
Date:
-11-262
Page 24 of 26
APPENDIX "B"
SAF L, TY RECORD 8URVIJY
PROM CT #4
Name of Bidder: Richard Drake Construction Company, LP
Sent To:
Potters Industries LLC
Name:
Doyle Hively
Address:
1601 19th NW Street, Paris, TX 75460
Phones
903-785-1633
Project:
Storm Drain Demo an r
_.�....m.b�... Repai__ _ ......
Please circle the number that best represents your rating of performance with regard to the above "Bidder".
I=Poor 2=Average 3=Good 4 xcellent
("17'0
4. Did the bidder provide quality, availability and adaptability of the supplies, nmterials, equipment or
contractual services as required?
4 2 3 4
2. Did the bidder perform the contract or provide services promptly, or within the time required, without delay
or interference?
1 2 3 4
3. Did the bidder show character, responsibility, integr y, good reputation and experience?
1 2 3 4"
r
Company p y Name: q „ „ 0-
�, 4yi'� ^
Authorized Signature: W'°��"�.. vf.
.,
Date: W "AlW 's,
Page 25 of 26
APPENDIX "B"
SAFETY RECORD SURVEY
PROJECT #5
Name ofBWder: Richard Drake Construction Company, LP
Please circle the number that best represents your rating of performance with regard to the above "Bidder".
1=Poor 2=Average 3=Good 4=Excellent
5. Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or
contractual services as required?
5 2 3 e4)
2. Did the bidder perform the contract or provide services promptly, or within the time required, without delay
or interference?
1 2 3 CD)
3. Did the bidder show character, responsibility, integrity, goad reputation and experience?
1 2 3 B' 4 J
Company Name:
Authorized Signature:
_Wr /
Date: f/ID ly -Jo....�, 1 _...
Page 26 of 26
Kiewit / TIC
Sent To:
Johnnie Biser
Name:
Address:
1541 CR 16560
Phone:
817-727-5123
Project:rove
Delilah II -County Road Improvements
..., .....
Please circle the number that best represents your rating of performance with regard to the above "Bidder".
1=Poor 2=Average 3=Good 4=Excellent
5. Did the bidder provide quality, availability and adaptability of the supplies, materials, equipment or
contractual services as required?
5 2 3 e4)
2. Did the bidder perform the contract or provide services promptly, or within the time required, without delay
or interference?
1 2 3 CD)
3. Did the bidder show character, responsibility, integrity, goad reputation and experience?
1 2 3 B' 4 J
Company Name:
Authorized Signature:
_Wr /
Date: f/ID ly -Jo....�, 1 _...
Page 26 of 26
INSURANCE CHECKLIST
Construction Projects
]XI means the coverage is required.)
Coyer4�e_ReC aired
X 1. Workers' Compensation &
Employers' Liability
® 2. For Future Use
3. City Approved Alternative
Workers' Comp. Program
X 4, General Liability
X 5. General aggregate applies
per project (CGL)
X 6. Premises/Operations
X 7. Independent Contractors
X 8. Products
X 9. Completed Operations
X 10. Contractual Liability
X 11. Personal Injury Liability
X 12. XCU Coverages
X 13. Automobile Liability
X 14. Owned, Hired & Non -owned
15, Motor Carrier Act Endorsement
16. Professional Liability
Limits a igg!9s Denote, Mtn mums'
Statutory limits of State of Texas
$100,000 accident $100,000 disease
$500,000 policy limit disease
$150,000 medical, safety program
Minimum $500,000 each incident
$1,000,000 occurrence
Complete entre No. 26
(Items No. 3-10 & 12 require)
$500,000 combined single limit
for bodily injury and property damage
damage each occurrence with
$1,000,000 general aggregate that
applies to project under contract
$500,000 each offense & aggregate
$500,000 Bodily Injury & Property
Damage each accident
$500,000 Bodily Injury &
Property Damage each accident.
17. Garage Liability $ BI & PD each occurrence
18. Garage keepers' Legal $ - Comprehensive
$ - Collision
X 1.9. Owners Protective
Liability
$500,000 Combined single limits
X 20, City named as additional insured on other than W/C and Auto. This coverage is primary
to all other coverages the City may possess.
X 21. City provided with Waiver of Subrogation on Workers' Compensation or Alternative
program if applicable,
X 22, Ten (10) days notice of cancellation, non -renewal, material change or coverage reduction
endorsement required. The words "endeavor to" and "but failure" (to end of sentence) are to be
eliminated from the Notice of Cancellation provision on standard ACORD certificates.
X 23. The City of Paris prefers an A.M. Best's Guide Rating of "A-", "VI" or better or Standard
and Poor's Rating AA or better; authorized to do business in the State of Texas (not applicable for
workers' compensation assigned through pool or alternative compensation programs).
X 24. The Certificate must state bid number and bid title or project name.
25, Other Insurance Required:
INSURANCE AGENT'S STATEMENT
I have reviewed these requirements with the bidder named below. Additionally:
X 26. The above policy(s) carry the following deductibles: GL $5.000
Full limits of coverage available for:
General Liability $1 M Occurrence/$2M Aggregate
Automobile Liability's 1 M
X 27. Liability policies are (indicate):
IMPORTANT NOTICE
STATE OF TEXAS
COMPLAINT PROCEDURES
1. IMPORTANT NOTICE'
To obtain information or make a complaint:
2 You may contact your agent.
3. You may call Westfield Insurance Company,
Westfield National insurance Company, andfor
Ohio Farmers Insurance Company's toll-free
telephone number for information or to make a
complaint at:
1-8007-243-0210
4. You may also write to Westfield Insurance
Company, Westfield National Insurance Company,
and/or Ohio Farmers Insurance Company at:
Attn: Bond Claims
One Park Circle
P O Box 5001
Westfiield Center, OH 44251-5001
Fax #330-887-0840
5. You may contact the Texas department of
Insurance to obtain information on companies,
coverages, rights or complaints at:
1-800-252.3439
6. You may write to the Texas Department of
Insurance, Consumer Protection Section (MC 111-1A):
P.O. Box 149091
Austin, TX 78714-9091
Fax: (512) 490-1007
Web: www.tdi texas.gov
E-mail ConsumerProtectjbn tdi texas,gov.
7 PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or
about a claim, you should contact the agent, Westfield
Insurance Company, Westfield National Insurance
Company, or Ohio Farmers Insurance Company first. If
the dispute is not resolved, you may contact the Texas
Department of Insurance.
8 ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become
a part or condition of the attached document.
BD5430 (06-15)
AVISO IMPORTANTE
Para obtener informacion o para someter una queja:
Puede comunicarse con su (title) al (telephone
number).
Usted puede Ilamar al numero de telefono gratis de
Westfield Insurance Company, Westfield National
insurance Company, andfor Ohio Farmers
Insurance Company's para information o para
someter una queja al:
1-800-243-0210
Usted tambien puede escribir a Westfield Insurance
Company, Westfield National Insurance
Company, and/or Ohio Farmers Insurance
Company:
Attn: Bond Clams
One Park Circle
P O Box 5001
Westfield Center, OH 44251-5001
Fax, 330-887-0840
Puede comunicarse con el Departamento de
Sequros de Texas para obtener information acerca
de companies, coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al Departamento de Seguros de
Texas, Consumer Protection Section (MC 111-1A):
P.O. B00490911
Austin TX '78714-9091
Fax: (512) 490-1007
Web: www.tdi.texas.gov
E-mail: ConsumerProtection tdi texas.o�ov
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el agente. Westfield
Insurance Company, Westfield National Insurance
Company, o Ohio Farmers Insurance Company
primero. S. no se resuelve Is disputa, puede
entonces comunicarse con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es
solo para proposito de information y no se convierte
en parte o condition del documento adjunto.
Bid Bond
SURETY DEPARTMENT
Conforms with the American Institute of
Architects, A.I.A Documents No. A-310
KNOW ALL MEN BY THESE PRESENTS,
That we, Richard Drake ConstructionCom�an,mL.P.„ as Principal hereinafter called the Principal, and WestfieldmInsurance
Company a corporation created and existing under the laws of the State of Ohio_ .... whose principal office is in Westfield
Center, OH as Surety, hereinafter called the Surety, are held and firmly bound unto Cita of Paris as Obligee, hereinafter called
the Obligee,
to the sum of FivePercentof the Greatest Amount Bid Dollars (5% GAB) for the payment of which sum, well and truly to
be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents
Whereas, the Principal has submitted a bid for RFS: Concrete_ Demolition and Construction
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract
documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount
specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the
work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect
Signed and sealed this 21st day of April, 2025
Richard Drake Construction Com�anv L.P.
....._ �
(Principal)
By _ _ (SEAL)
Westfield insurance Com wan
(Surety)
(SEAL)
Johnny Moss, Attorney-in-fact
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUED PRIOR TO 10110124, FOR ANY PERSON OR PERSONS NAMED BELOW.
General POWER NO. 422001214
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
TONY FIERRO, JOHNNY MOSS, JAY JORDAN, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH, JARRETT WILLSON,
JACK NOTTINGHAM, BRADY WILSON, BRENNAN WILLIAMSON, JAROD JAGGERS, CALEB HALE, RYAN COX, JOINTLY OR
SEVERALLY
of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship in any penal limit, and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the
President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the
said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the
Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY'
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 10th day of OCTOBER A.D., 2024 .
Corporatep
. •^•�,,,�
,••••" ........
„,.+••r..,,,
WESTFIELD INSURANCE COMPANY
seals �•,SUR,(,�C�,y
Affixed 4 r' ;�; "•�
�,,'�C<?:}1;.;+''•.
• 5�
,a•�e�j�44
+` i�"' -Y
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
a`s
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=til �y :
.'^•�ij�1�7iQ
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State of Ohio
„..,
i,..,..",•`'
BY:
Gary W. Itumper, Nationat Surety Leader and
County of Medina ss.:
Senior Executive
On this 10th day of OCTOBER A.D., 2024 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn,
did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals: that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order,.
Notarial
Seal
Affixed
State of Ohio warn o David A. Kotnik, Attorney at Law, Notary Public
County of Medina ss :" My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
1, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect "k,
in Witness Whereof, i have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this, day of
�.\i�NFI,+..•'a,�a�,�I�rw"�•4�,
a r✓
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SEAL;m=
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Frank A. Carrino, Secretary
ova
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$ .4 ..••• i
SPOAC2 (combined) (05.24)
Item No. 14
COUNCIL MEMBER AGENDA ITEM REQUEST
Please complete this form to have an item placed on the agenda for the Council's consideration.
The deadline for requesting an item on an agenda will be the Wednesday before the council
meeting takes place. This time is necessary so that staff can research the matter and prepare/review
an ordinance, resolution, or other document such as a contract. In order for your fellow Council
Members to fully understand your item, have productive discussion, ensure efficient council
meetings, and for staff to be able to assist you as completely as possible, it is important that you
describe the item with as much detail as possible and include any supporting documentation so
that it may be included in the Council's meeting packets. Please return this completed form to the
City Manager's office or the City Clerk's office.
Council member making request:
❑ Shatara Moore ❑ Rebecca Norment
❑ Mickey Ellis ® Alix Putnam
❑ Gary Savage ❑ Rudy Kessel
❑ Mihir Pankaj
Reuest a laresentation from TxDOT about the Loofa Expansion Program
Are additional sheets or supporting materials attached? ❑ Yes ® No
I request that this item be placed on the agenda for the:
❑ City Council meeting on this date: 4-28-2025
❑ Sometime in the next 2 meetings
❑ No specific time in mind —just keep it on a list of pending issues
Signature: -ms/Alii Putnam _.,..� Date: 04-22-2025 .
City of Paris Revised 06/2025
Memorandum
Agenda Item No. 15
TO: Mayor, Mayor Pro -Tem and City Council
City Manager, Rose Beverley
FROM: Osei Amo-Mensah, Director Planning and Community Development
SUBJECT: Conduct a public hearing to consider and take action regarding the petition of Don
Wilson on behalf of the Evergreen Cemetery Association, Inc. for a zoning change
from Agricultural (A) to Commercial (C) in the City of Paris, Block 167, Part of
Lot 1 (2.06 acres), LCAD 70476, located in the 2100 Block SE 3rd Street.
MTG. DATE: April 28, 2025
Don Wilson on behalf of the Evergreen Cemetery Association, Inc. is requesting a zoning change
from Agricultural (A) to Commercial (C) to construct an office building that will front Farm to
Market Highway 1497 (3rd Street Southeast). The submitted survey indicates a divided
Commercial (C) zoning district to the west and Agriculture (A) to the east. The subject property is
approximately a 2.06 acres tract being part of the Larkin Rattan Survey #778 and Evergreen
Cemetery Env. 384-A Plat Records 89.429 acres. There is a columbarium and a concrete pad to
the north of the said lot. Moreover, the survey indicates 1.572 acres of Electric Easement to the
south. The current future land use is guided by Public Land Institute (PLI); therefore, this rezoning
action for the purpose of an office for the cemetery will be in accordance with the city's
comprehensive plan.
ANALYSIS
• The land to the North is Evergreen cemetery, zoned Agricultural (A) District and Commercial
(C) along 3rd Street and Church Street and is guided for Public Lands and Institution (PLI).
• The land directly across from 3rd Street to the South is zoned Commercial (C) District which is
developed as single family residential and guided for Low Density Residential (LDR) and
Commercial (C).
• The land to the East is zoned Agricultural (A) District and guided for Low Density Residential
(LDR) and known as Evergreen Cemetery.
• The land to the West is zoned Commercial (C) District which is guided for Commercial and Low
Density Residential (LDR) which is currently developed as single-family dwellings and
commercial uses.
STATUS OF ISSUE:
The application for the zoning change is because the proposed use which is to provide an office
for the cemetery is not permitted under the current divided zoning districts for the lot. The
Agricultural District (A) being the east portion of the lot will have to change from Agricultural
District (A) to Commercial District (C) and will result in overall Commercial (C) zoning district.
If this change is granted it will allow the proposed use to be permitted and be appropriate for office
building according to the Zoning Ordinance - Use of Land and Buildings Sub Section 8-106, Retail
& Service Table. All improvements and construction shall conform to the standards required by
the City of Paris.
Staff received one input in favor of the zoning change application from a surrounding property
owner.
The Planning & Zoning Commission recommended approval of the zoning change at its April 7,
2025, meeting. Motion carried, 4 ayes — 0 nays.
OPTIONS:
1. Approve Planning & Zoning Commission's recommendation.
2. Deny the application.
RECOMMENDATION:
Approval the zoning change from Agricultural (A) District to Commercial (C) District.
ORDINANCE NO.
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 TO CHANGE THE ZONING FROM AN
AGRICULTURAL DISTRICT (A) TO A COMMERCIAL DISTRICT (C) IN THE
CITY OF PARIS, BLOCK 167, PART OF LOT 1 (2.06 ACRES), LCAD NO.
70476, LOCATED IN THE 2100 BLOCK OF 3RD STREET SE; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission received a request for an
amendment to the Zoning Ordinance of the City of Paris to change the zoning from an
Agricultural District (A) to a Commercial District (C) in the City of Paris, Block 167, Lot Part
of Lot 1 (2.06 Acres), LCAD No. 70476, located in the 2100 Block of 3rd Street SE; and
WHEREAS, on April 7, 2025, following notice and publication as required by law, the
Planning and Zoning Commission conducted a public hearing on the proposed amendment
to the City Zoning Ordinance and, following said hearing, made formal recommendation to
the City Council to approve the requested zoning; and,
WHEREAS, on April 28, 2025, following notice and publication as required by law,
the City Council of the City of Paris conducted a public hearing on the proposed amendment
to the City Zoning Ordinance, and having considered the recommendations of the Planning
and Zoning Commission and the testimony and evidence introduced at said public hearing,
found and determined that approving the aforesaid zoning change would be consistent with
the Comprehensive Future Land Use Plan of the City of Paris, consistent with the City Zoning
Ordinance, and would be in the best interests of the public health, safety, and welfare of the
citizens of the City of Paris by a vote of ayes and nays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved and are incorporated herein for all purposes.
Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning
Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to
change the zoning from an Agricultural District (A) to a Commercial District (C) in the City of
Paris, Block 167, Lot Part of Lot 1 (2.06 Acres), LCAD No. 70476, located in the 2100 Block
of 3rd Street SE.
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby,
directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes
set forth in this ordinance.
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 7. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above -enumerated sections shall constitute and be
deemed a separate offense.
Section 8. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 28th day of April 2025, by the City Council of the City
of Paris, in regular session, following notice and publication as required by law.
Mihir Pankaj, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Me;morandum Agenda Item No. 16
TO: Mayor, Mayor Pro -Tem and City Council
City Manager, Rose Beverley
FROM: Osei Amo-Mensah, Director of Planning & Community Development
SUBJECT: Conduct a public hearing to consider and take action regarding the petition of
Chance Floyd on behalf of APS Rentals LLC for a zoning change from a One -
Family Dwelling District No. 2 (SF2) to Neighborhood Service (NS) in the City of
Paris, Block 193, Lots 3-7, LCAD 17123, 17224, 17125, 17126, 17127, located in
the 1900 Block of Graham at NW 19th Street.
MTG. DATE: April 28, 2025
BACKGROUND:
Chance Floyd on behalf of property owner APS Rentals LLC is requesting a zoning change from
a One -Family Dwelling District No. 2 (SF2) to Neighborhood Service (NS). The combined lots
are approximately a 53,454.66 SF tract located in the 1900 Block of Graham at NW 19th Street.
There is currently an existing residential building/structure on the lot that will be demolished to
make way for the new construction of the proposed Laundromat. In previous years, there had been
a separate residential building at that portion of the property. Per the site plan there are five (5)
separate lots to be combined into one lot for the construction of the Laundromat. The current future
land use is guided by Low Density Residential (LDR); therefore, this rezoning action will be in
accordance with the City's comprehensive plan.
ANALYSIS:
• The land use to the North is mostly single family residential, zoned One -Family Dwelling
District No. 2 (SF -2) and is guided for Low Density Residential (LDR). Further to the northeast
is Justiss Elementary School, guided for Public Lands and Institutions (PLI)
• The land use to the South is Camp Paris RV Park, an existing legal nonconforming use in One -
Family Dwelling District No. 2 (SF -2) and is guided for Low Density Residential (LDR).
• The land use to the East is the Casa De Paz Assembly of God Church zoned One -Family
Dwelling District No. 2 (SF -2) and is guided for Low Density Residential (LDR).
• The land to the West is zoned One -Family Dwelling District No. 2 (SF -2) and guided for Low
Density Residential (LDR) which is currently developed as single-family dwellings.
STATUS OF ISSUE:
Laundry and Cleaning ng Self -Service Automatic is not permitted under the current zoning of One -
Family Dwelling District No. 2 (SF -2). Changing the zoning from One -Family Dwelling District
No. 2 (SF -2) to Neighborhood Service (NS) will allow the proposed use to be permitted and
appropriate for Laundromat according to the Zoning Ordinance - Use of Land and Buildings Sub
Section 8-106, Retail & Service Table. Whereas there is no adjoining Neighborhood Service (NS)
District to the said property, making it a standalone district, the Laundromat will serve well for the
neighboring RV Park to the south. All improvements and construction shall conform to the
standards required by the City of Paris.
Staff have not received any input about the zoning change application from the surrounding
property owners.
The Planning & Zoning Commission recommended approval of the zoning change at its April 7,
2025, meeting. Motion carried, 4 ayes — 0 nays.
OPTIONS:
• Approve Planning & Zoning Commission's recommendation.
• Deny the application.
RECOMMENDATION
Approve the zoning change from a One -Family Dwelling District No. 2 (SF2) to Neighborhood
Service (NS).
ORDINANCE NO.
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 TO CHANGE THE ZONING FROM A ONE
FAMILY DWELLING DISTRICT NO.2 (SF2) TO A NEIGHBORHOOD SERVICE
DISTRICT (NS) IN THE CITY OF PARIS, BLOCK 193, LOTS 3, 4, 5, 6, AND 7,
LCAD NOS. 17123, 17124, 17125, 17126,17127, LOCATED IN THE 1900
BLOCK OF GRAHAM STREET AT NW 19TH STREET; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission received a request for an
amendment to the Zoning Ordinance of the City of Paris to change the zoning from a One
Family Dwelling District No. 2 (SF2) to a Neighborhood Service District (NS) in the City of
Paris, Block 193, Lots 3, 4, 5, 6, and 7, LCAD Nos. 17123, 17124, 17125, 17126, and 17127,
located in the 1900 Block of Graham Street at 19th Street NW; and
WHEREAS, on April 7, 2025, following notice and publication as required by law, the
Planning and Zoning Commission conducted a public hearing on the proposed amendment
to the City Zoning Ordinance and, following said hearing, made formal recommendation to
the City Council to approve the requested zoning; and,
WHEREAS, on April 28, 2025, following notice and publication as required by law,
the City Council of the City of Paris conducted a public hearing on the proposed amendment
to the City Zoning Ordinance, and having considered the recommendations of the Planning
and Zoning Commission and the testimony and evidence introduced at said public hearing,
found and determined that approving the aforesaid zoning change would be consistent with
the Comprehensive Future Land Use Plan of the City of Paris, consistent with the City Zoning
Ordinance, and would be in the best interests of the public health, safety, and welfare of the
citizens of the City of Paris by a vote of ayes and nays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved and are incorporated herein for all purposes.
Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning
Ordinance No. 1710 of the City of Paris is hereby amended to change the zoning from a One
Family Dwelling District (SF2) to a Neighborhood Service District (NS) in the City of Paris,
Block 193, Lots 3, 4, 5, 6, and 7, LCAD Nos. 17123,17124,17125,17126, and 17127, located
in the 1900 Block of Graham Street at 19th Street NW.
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby,
directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes
set forth in this ordinance.
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 7. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above -enumerated sections shall constitute and be
deemed a separate offense.
Section 8. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 28th day of April 2025, by the City Council of the City
of Paris, in regular session, following notice and publication as required by law.
Mihir Pankaj, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
memorandum Item No. 17
TO: City Council
Rose Beverly, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Reimbursement Agreement for Forestbrook Public Improvement District No. 1
DATE: April 28, 2025
BACKGROUND: On October 14, 2024, City Council passed and approved a resolution creating
Forestbrook Public Improvement District No. 1 (the PID) which comprises some 59.62 acres of
land at the Forestbrook housing development site in southeast Paris. The purpose of the PID is to
allow the issuance of PID bonds to provide funding to the developer, Lone Star Planned
Developments, LLC, for the construction of authorized improvements consisting primarily of
infrastructure related to the project. At that same meeting, City Council approved a Development
Agreement with the developer
STATUS OF ISSUE: The developer has now requested that the City issue PID bonds for Phases
1 and 2 of the project, which bonds, pursuant to the Development Agreement, shall not exceed
$20,000,000.00. Pursuant to the Texas Public Improvement District Act (the Act, located in
Chapter 327 of the Texas Local Government Code), the bonds are to be paid from assessments on
each parcel in the housing development, and the City has no liability with respect to repayment
thereof. The PID is a reimbursement PID which requires the developer to advance costs for the
authorized improvements for reimbursement from the PID bond fund. Accordingly, the developer
and the City's PID team, including staff, bond counsel, financial consultants, and PID consultants,
have negotiated the attached "Reimbursement Agreement—Forestbrook Public Improvement
District No. 1" (the Agreement) for your review and approval. The Agreement satisfies the
Requirements of Section 372.023 of the Act. Additional documentation will be brought to you for
your approval at further meetings prior to bonds being issued.
BUDGET: None. Expenses have been and will be borne by the developer and the PID.
RECOMMENDATION: Staff recommends adopting the attached resolution approving the
attached "Reimbursement Agreement—Forestbrook Public Improvement District No. L"
RESOLUTION NO. 2025 -
RESOLUTION APPROVING THE FORM AND AUTHORIZING THE MAYOR
TO EXECUTE THE "REIMBURSEMENT AGREEMENT - FORESTBROOK
PUBLIC IMPROVEMENT DISTRICT NO. 1" BETWEEN THE CITY OF PARIS,
TEXAS AND LONE STAR PLANNED DEVELOPMENTS, LLC
WHEREAS, the City Council (the "Council") of the City of Paris, Texas (the "City"), has
previously created the Forestbrook Public Improvement District No.1 (the "District"); and
WHEREAS, there has been presented to the Council the "Reimbursement Agreement
- Forestbrook Public Improvement District No. 1", dated April 14, 2025 (the "Reimbursement
Agreement"), between the City and Lone Star Planned Developments, LLC, a Texas limited
liability company; and
WHEREAS, the Reimbursement Agreement satisfies the requirements of Section
372.023 of the Public Improvement District Assessment Act and is an appropriate method of
reimbursement for the costs associated with the construction and development of certain
authorized improvements within the District; and
WHEREAS, the Council finds and determines that it is necessary and in the best
interests of the City to approve the form and content of the Reimbursement Agreement; and
WHEREAS, the meeting at which this Resolution is considered is open to the public
as required by law, and the public notice of the time, place and purpose of said meeting was
given as required by Chapter 551, Texas Government Code, as amended;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS AS FOLLOWS:
SECTION 1. The findings and premises contained in the preambles above are
hereby deemed to be true and correct and incorporated herein.
SECTION 2. The form and content of the Reimbursement Agreement, which
is attached hereto as Exhibit A and is incorporated herein for all purposes, is hereby
approved, and the Mayor is authorized to execute such Reimbursement Agreement on
behalf of the City.
SECTION 3. This Resolution shall be effective immediately upon its
adoption.
PASSED, APPROVED AND EFFECTIVE this April 14, 2025.
Mihir Pankaj, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Exhibit A
Reimbursement Agreement
REIMBURSEMENT AGREEMENT
Forestbrook Public Improvement District No. 1
This Reimbursement Agreement (this "AgEeement") is entered into by Lone Star Planned
Developments, LLC, a Texas limited liability company (the "Deyel�r"), and the City of Paris,
( "�"), , ( "Effective. Date") in relation to the
Texas the Cit effective as of 2025 the
Forestbrook Public Improvement District No. 1 (the "PID"), created pursuant to Chapter 372,
Texas Local Government Code, as amended (the "Act"). The Developer and the City are
individually referred to herein as a "Party" and collectively as the "Parties."
SECTION 1.
RECITALS
WHEREAS, the Developer and the City have entered into a Development Agreement, as
defined in Section 2, relating to the development of the property within the PID and the financing
of public improvements within the PID; and
WHEREAS, on October 14, 2024, the City Council passed and approved the PID Creation
Resolution, as defined in Section 2, authorizing the creation of the PID pursuant to the authority
of the Act, covering approximately 59.62 acres within the City's corporate limits, which land is
described in the PID Creation Resolution; and
WHEREAS, the PID is being developed in phases or improvement areas, and special
assessments for each improvement area will be levied against the Assessed Parcels, as defined in
Section 2, within such improvement area to pay the costs of PID Projects, as defined in Section 2,
that confer a special benefit on the Assessed Parcels within such phase; and
WHEREAS, prior to the issuance of PID Bonds, as defined in Section 2, the Developer has
paid and may continue to pay for the Actual Costs, as defined in Section 2, of the PID Projects
benefitting the property within the PID;
WHEREAS, this Agreement is a "reimbursement agreement" authorized by Section
372.023(d)(1) of the PID Act;
WHEREAS, the recitals are true and correct and are part of this Agreement for all purposes
and each Party has relied upon such recitals in entering into this Agreement; and
NOW THEREFORE, for and in consideration of the mutual obligations of the Parties set
forth herein, the Parties agree as follows:
SECTION 2.
DEFINITIONS
Certain terms used in this Agreement are defined in this Section 2. Other terms used in
this Agreement are defined in the recitals or in other sections of this Agreement. Unless the context
requires otherwise, the following terms shall have the following meanings:
"Act" means Chapter 372, Texas Local Government Code, as amended.
Reimbursement Agreement
Forestbrook Public Improvement District No. 1 Page 1
018581.000001\4908-9229-3155.v5
"ActualmmCost's"" means with respect to PID Projects, the actual costs paid or incurred by
or on behalf of the Developer, including, but not limited to: (1) the costs incurred by the Developer,
or on behalf of the Developer (either directly or through affiliates) or the City for the design,
planning, financing, administration/management, acquisition, installation, construction and/or
implementation of such PID Projects; (2) the fees paid for obtaining permits, licenses, or other
governmental approvals for such PID Projects; (3) the costs incurred by or on behalf of the
Developer for external professional costs, such as engineering, geotechnical, environmental
assessments, traffic impact analysis, surveying, land planning, architectural landscapers,
appraisals, legal, accounting, and similar professional services; (4) all labor, bonds, and materials,
including equipment and fixtures, by contractors, builders, and materialmen in connection with the
acquisition, construction, or implementation of the PID Projects; (5) all related permitting, and
public approval expenses, architectural, engineering, legal and consulting fees, inspection and
material testing expenses, and governmental fees and charges; and (6) costs to implement,
administer, and manage the above-described activities.
"Annual Collection Costs" means the actual or budgeted costs and expenses related to the
operation of the PID, including, but not limited to, costs and expenses for: (1) City staff, including
any third -party PID administrator; (2) legal counsel, engineers, accountants, financial advisors,
and other consultants engaged by the City; (3) calculating, collecting, and maintaining records
with respect to Assessments and Annual Installments; (4) preparing and maintaining records with
respect to Assessment Rolls and annual service plan updates; (5) paying and redeeming PID
Bonds; (6) investing or depositing Assessments and Annual Installments; (7) complying with the
Service and Assessment Plan, the Act, and any Bond Indenture, with respect to the PID Bonds,
including the City's continuing disclosure and arbitrage rebate requirements; and (8) the paying
agent/registrar and Trustee in connection with PID Bonds, including their respective legal counsel.
Annual Collection Costs collected but not expended in any year shall be carried forward and
applied to reduce Annual Collection Costs for subsequent years.
"Annual Installment" means the annual installment payment of an Assessment, as
calculated by the PID administrator and approved by the City Council, that includes: (1) principal;
(2) interest; (3) Annual Collection Costs; and (4) additional interest related to PID Bonds, if
applicable, as may be further defined in the SAP.
"Assessed .Parc s 99means any parcel within the PID against which an Assessment is
levied.
"Assessmento" means an assessment levied against Assessed Parcels pursuant to the
provisions of the Act for payment of PID Project Costs, including the payment of PID Bonds,
Annual Collection Costs, interest on PID Bonds and Assessments, and obligations under this
Agreement, as may be further defined in the SAP.
Assessment Ordinance" means the ordinance(s) adopted by the City Council levying
Assessments on an Assessed Parcel within the PID to pay Project Costs, PID Bonds, administrative
costs of the PID, interest on PID Bonds and Assessments, and obligations under this Agreement,
as may be further defined in the SAP.
"Assessment Revenues" means the revenues received by the City from the collection of
Reimbursement Agreement
Forestbrook Public Improvement District No. 1 Page 2
018581.000001\4908-9229-3155.v5
Assessments, including Prepayments, Annual Installments, and Foreclosure Proceeds, as may be
further defined in the SAP.
"Assessment Roll" means any assessment roll for the Assessed Parcels within the District,
as updated, modified or amended from time to time in accordance with the procedures set forth in
the SAP and in the Act, including updates prepared in connection with the issuance of PID Bonds
or any annual service plan update, as may be further defined in the SAP.
"Bond Indenture" means the indenture of trust pursuant to which a series of PID Bonds are
issued.
"Bond Proceeds" mean the proceeds derived from the issuance and sale of a series of PID
Bonds that are deposited into the PID Project Fund under the Bond Indenture and made available
to pay PID Project Costs, including costs of issuance of the PID Bonds, and design, engineering,
construction and inspection costs in accordance with this Agreement and any Bond Indenture or
SAP
"Budgeted Cost' means the estimated cost for a PID Project as provided for in the SAP.
"Certificate for Payment" means a certificate (substantially in the form of Exhibit A or as
mmm,
otherwise approved by the Developer and the City Representative) executed by a representative of
the Developer and delivered to a City Representative for approval, specifying the work performed
and the amount charged (including materials and labor costs) for PID Project Costs, and requesting
payment of such amount from the appropriate account or funds. Each certificate shall include
supporting documentation in the standard form for City construction projects and evidence that
the PID Projects covered by the certificate have been inspected by the City.
"Cite Council" means the governing body of the City.
"City Representative" means the person authorized by the City Council to undertake the
actions referenced herein.
"("losi
_gn Disbur sement Request" means a request in the form of Exhibit B or as otherwise
_ �
approved by the Parties and the trustee named in the applicable Bond Indenture.
"Default" is defined in Section 4.6.1.
"Delinquent Collection Costs" means costs related to the foreclosure on an Assessed Parcel
and the costs of collection of delinquent Assessments, delinquent Annual Installments, or any other
delinquent amounts due under the SAP, including penalties and reasonable attorney's fees actually
paid, but excluding amounts representing interest and penalty interest, as may be further defined
in the SAP.
"Dwevelo )ems r Advances" mean advances made by the Developer to pay PID Project Costs.
"Develo )er-Continuin- Disclosure Agreement" means the Continuing Disclosure
Agreement of the Developer executed contemporaneously with the issuance and sale of a series of
PID Bonds.
Reimbursement Agreement
Forestbrook Public Improvement District No. 1 Page 3
018581.000001\4908-9229-3155.v5
"Development ment &,remement" means that certain Forestbrook Development Agreement,
effective as of October 14, 2024, by and between the Developer and the City, pertaining to the
construction and installation of certain PID Projects, as described therein and benefitting the PID.
"Failure" is defined in Section 4.6.1.
"Final Comjletion" means completion of a PID Project in compliance with existing City
standards under the City's ordinances and the Development Agreement.
Fo " means the proceeds, including interest and penalty interest,
"w_ ITreclosure Proceeds,
received by the City from the enforcement of the Assessments against any Assessed Parcels,
whether by foreclosure of lien or otherwise, but excluding and net of all Delinquent Collection
Costs.
"Improvement Area" means a specifically defined and designated portion of the PID that
is developed as a separate phase. Each Improvement Area shall be identified in the SAP.
"Maturity Date" with respect to any Improvement Area, is the date one year after the final
scheduled and non -delinquent Annual Installment for an Assessment in the Improvement Area is
collected.
"PID" means the Forestbrook Public Improvement District No. 1 created by the PID
Creation Resolution.
"PI_D Bonds" means the bonds issued pursuant to the provisions of the Act in one or more
series to fund PID Project Costs or to reimburse the Developer for Developer Advances.
"PID Creation -Resolution" means Resolution No. 2024-044 passed and approved by the
City Council on October 14, 2024, authorizing the creation of the PID.
"PID Pledged Revenue Fund" means the Pledged Revenue Fund, as defined in a Bond
Indenture, established or to be established by the City (and segregated from all other funds of the
City) into which the City deposits Assessment Revenue securing the applicable series of PID
Bonds issued and still outstanding, as described in the applicable Bond Indenture.
"PID Pro„ect Costs" mean the Actual Costs of the PID Projects.
"PID Pro]ect Fund" means the Project Fund, as defined in a Bond Indenture, including all
accounts and subaccounts created within such fund, established or to be established by the City
(and segregated from all other funds of the City) into which the City deposits Bond Proceeds of
the applicable series of PID Bonds in the amounts and as described in the applicable Bond
Indenture.
"PID Projects" means the public improvements or services authorized by Section 372.003
of the Act to be constructed or acquired by or on behalf of the Developer within the PID and
described and defined in the SAP, whether the SAP defines such public improvements or services
as PID Projects or utilizes another term.
Reimbursement Agreement
Forestbrook Public Improvement District No. 1 Page 4
01 8581.000001 \4908-9229-3155.v5
"PID Reimbursement Fund" means the fund established by the City under this Agreement
(and segregated from all other funds of the City) into which the City deposits Assessment Revenue
if not deposited into the PID Pledged Revenue Fund.
"Plans" means the plans, specifications, schedules, and related construction contracts for
the PID Projects approved pursuant to the applicable standards, ordinances, procedures, policies,
and directives of the City, the Development Agreement, and other applicable agreements between
the Parties related to the property in the PID.
thereof.
"Prepayment" means the payment of all or a portion of an Assessment before the due date
"Reimbursement is defined herein.
mmmmm
"Reimbursement A =reement Balance Certificate" means a certificate (substantially in the
form of Exhibit C or as otherwise approved by the Developer and the City Representative)
acknowledged and agreed to by the Parties at the time each Certificate for Payment is approved by
the City or at the time each payment is made to the Developer from the PID Project Fund or PID
Reimbursement Fund, as set forth in Section 3.3 herein, in order to keep an accounting of the
Reimbursement Agreement Balance for each Improvement Area.
"Service and Assessment Plan" or "SAP" means the service and assessment plan and any
updates thereto approved by the City Council, prepared in relation to the property within the PID.
"Trustee" is defined herein.
SECTION 3.
FUNDING PROJECT COSTS
3.1 Fund Deposits.
3.1.1 Unless and until PID Bonds are issued for an Improvement Area, the City shall bill,
collect, and immediately deposit all Assessment Revenue from an Improvement Area into a
separate account for the Improvement Area in the PID Reimbursement Fund, which PID
Reimbursement Fund is hereby created and established as a fund under this Agreement and which
fund shall be held by the City and separate and apart from all other City funds and accounts. After
the issuance and delivery of PID Bonds for the PID Projects for an Improvement Area, the City
shall bill, collect, and immediately deposit all Assessment Revenue in the manner set forth in the
applicable Bond Indenture. The City shall also deposit Bond Proceeds in the manner set forth in
the applicable Bond Indenture. Annual Installments shall be billed and collected by the City (or
by any person, entity, or governmental agency permitted by law) in the same manner and at the
same time as the City ad valorem taxes are billed and collected. Funds in the PID Project Fund
shall only be used in accordance with the applicable Bond Indenture. Funds in the PID
Reimbursement Fund shall only be used to pay all or any portion of the Reimbursement Agreement
Balance in accordance with this Agreement.
3.1.2 The City hereby confirms, covenants, and agrees that for so long as amounts are
due to the Developer under this Agreement and/or for so long as PID Bonds are outstanding, that
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the City will do the following in the manner and to the maximum extent permitted by applicable
law, subject to any conflicting provisions in any Bond Indenture: (a) take and pursue all reasonable
actions necessary to cause the Assessments to be collected; (b) take and pursue all reasonable
actions necessary to cause the liens related to the Assessments to be enforced continuously,
including diligently prosecuting an action in district court to foreclose for delinquent or
nonpayment of Assessments, including Annual Installments; and (c) take and pursue all reasonable
actions necessary to cause no reduction, abatement or exemption of the Assessments.
Notwithstanding the foregoing, the City shall not be required under any circumstances to (a)
establish per annum interest rates on Assessments higher than the per annum interest rate(s) under
this Agreement on the unpaid principal balance of the Reimbursement Agreement Balance for the
applicable Improvement Area, or (b) purchase or make payment for the purchase of the delinquent
Assessments or the corresponding Assessed Parcel. The City shall not be required under any
circumstances to expend any funds for Delinquent Collection Costs or Annual Collection Costs in
connection with its covenants and agreements under this Section or otherwise other than funds for
such purpose on deposit in the applicable account of the PID Reimbursement Fund.
Notwithstanding its collection efforts, if the City fails to receive all or any part of the Assessment
Revenue and, as a result, is unable to make transfers from the PID Reimbursement Fund for
payments to the Developer as required under this Agreement, such failure and inability shall not
constitute a Failure or Default by the City under this Agreement. A Bond Indenture shall control
in the event of any conflicts with this Agreement.
3.2 Pall
ent of PID Projmect Costs.
3.2.1 As provided in the Development Agreement, unless PID Bonds are sold to
"up -front" fund PID Projects, the Developer shall make Developer Advances to pay all PID Project
Costs for an Improvement Area prior to the issuance of PID Bonds to reimburse the Developer for
any such Developer Advances.
3.2.2 Bond Proceeds (i) may be used to reimburse the Developer for Developer
Advances for PID Project Costs or to pay for PID Project Costs directly, and (ii) shall be used in
the manner provided in the applicable Bond Indenture.
3.2.3 As evidence of Developer Advances required in connection with the
issuance of a series of PID Bonds, the Developer shall submit to the City for approval all
information related to such costs that would be required by a Closing Disbursement Request at
least fifteen (15) business days prior to the closing of the PID Bonds. The lack of Bond Proceeds
or other funds in the PID Project Fund for an Improvement Area or in the PID Reimbursement
Fund shall not diminish the obligation of the Developer to pay all PID Project Costs for such
Improvement Area.
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3.3 Pament of Relrsement Aleement Balance.
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3.3.1 Unless and until PID Bonds are issued, the City agrees to pay the Developer
solely from funds on deposit in the applicable account in the PID Reimbursement Fund, and the
Developer shall be entitled to receive payments from the City, from such source for amounts shown
on the Certificate for Payment for an Improvement Area (which amounts include only PID Project
Costs paid by or at the direction of the Developer) (any unpaid amount owed the Developer for all
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Certificates of Payment is referred to as the "Reimbursement -Agreement Balance" for each
Improvement Area), which amount shall not exceed the aggregate amount of Assessments levied
within the applicable Improvement Area (plus interest due thereon). Unless PID Bonds are being
issued to "up -front" fund a portion of the PID Projects, prior to the issuance of PID Bonds for an
Improvement Area, the Developer shall submit a Certificate for Payment for any PID Project Costs
for an Improvement Area only upon Final Completion of such PID Projects (or portion thereof)
for that Improvement Area. After the issuance of PID Bonds for an Improvement Area, the
Developer may submit a Certificate for Payment (no more frequently than monthly) for direct
payment or reimbursement of PID Project Costs for an Improvement Area from Bond Proceeds or
from the PID Reimbursement Fund, provided that reimbursement payments from the applicable
account in the PID Reimbursement Fund for a PID Project shall not commence until after Final
Completion of such a PID Project (or portion thereof). Upon the issuance of PID Bonds, the City
agrees to pay the Developer first from funds on deposit in the applicable PID Project Fund and
then from funds on deposit in the applicable account in the PID Reimbursement Fund, if any, all
in accordance with the terms, requirements and limitations of the Development Agreement.
Notwithstanding anything in this Agreement to the contrary, the maximum amount that the
Developer may be reimbursed under this Agreement for any Improvement Area shall be equal to
the amount of Bond Proceeds on deposit in the applicable PID Project Fund plus amounts in the
applicable account in the PID Reimbursement Fund, if any, plus simple interest on the unpaid
principal balance of the Reimbursement Agreement Balance for an Improvement Area at a rate
equal to the maximum rates permitted under subsections (e)(1) and (e)(2) of Section 372.023 of
the Act, as further identified in the SAP, or if PID Bonds are issued for an Improvement Area, then
the interest rate on such PID Bonds. Interest on the unpaid principal balance of the Reimbursement
Agreement Balance for an Improvement Area shall begin to accrue on the date that such PID
Project (or portion thereof) in or benefitting the Improvement Area has reached Final Completion,
and (i) the City has accepted such PID Project (or portion thereof) for the Improvement Area, or
(ii) either (y) the City Engineer or other authorized City representative provides written notice to
the Developer of acceptance for City ownership and maintenance of the completed PID Project (or
portion thereof) for the Improvement Area, or (z) the document conveying to City an easement in
which such PID Project is located is recorded.
Within thirty (30) calendar days after each Certificate for Payment is approved by
the City or any payment is made to the Developer from the PID Reimbursement Fund or PID
Project Fund, the Parties agree to use best efforts in completing and executing a "Reimbursement
Agreement Balance Certificate" (substantially in the form of attached hereto as Exhibit C), in order
to keep an accounting of the Reimbursement Agreement Balance for each Improvement Area. The
failure of the Parties to executed such certificate shall not constitute a "Failure" or result in a
"Default" by the Parties.
3.3.2 The obligation of the City to pay the Reimbursement Agreement Balance
for an Improvement Area is payable solely from the applicable account in the PID Reimbursement
Fund or from Bond Proceeds on deposit in the applicable PID Project Fund. No other City funds,
revenue, taxes, income, or property shall be used even if the Reimbursement Agreement Balance
for an Improvement Area is not paid in full by the Maturity Date. Payments from the PID
Reimbursement Fund shall be applied in accordance with this Agreement. Each payment from an
account in the PID Reimbursement Fund shall be accompanied by an accounting that certifies the
Reimbursement Agreement Balance for an Improvement Area as of the date of the payment and
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that itemizes all deposits to and disbursements from the account since the last payment. If there is
a dispute over the amount of any payment, the City shall nevertheless pay the undisputed amount,
and the Parties shall use all reasonable efforts to resolve the disputed amount before the next
payment is made.
3.4 PID Bonds. The City, in its sole, legislative discretion, may issue PID Bonds, in
one or more series, when and if the City Council determines it is financially feasible for the
purposes of paying all or a portion of the Reimbursement Agreement Balance for an Improvement
Area. PID Bonds issued for such purpose will be secured by and paid solely as authorized by the
applicable Bond Indenture. Upon the issuance of a series of PID Bonds for such purpose, the
Developer's right to receive payments in accordance herewith shall be subordinate to the deposits
required under the applicable Bond Indenture related to any outstanding PID Bonds. The failure
of the City to issue PID Bonds shall not constitute a "Failure" by the City or otherwise result in a
"Default" by the City. The Developer has a duty to construct related PID Projects and shall not be
relieved of such duty even if it is anticipated that there will be insufficient funds in a PID Project
Fund to pay PID Project Costs for an Improvement Area. The issuance of PID Bonds is a
discretionary action by the City Council and is further conditioned upon the adequacy of the bond
security and other applicable conditions, including but not limited to conditions for issuance of
PID Bonds set forth in the Development Agreement and Developer's compliance with any such
conditions.
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3.5 Disbursements and Transfers at and after Bond Closinmm,,,
3.5.1 If PID Bonds for an Improvement Area are issued, upon the presentation of
the Certificate for Payment and a Closing Disbursement Request for the Improvement Area and
approval of each by the City, the City will cause the Trustee under the Bond Indenture to pay from
the Bond Proceeds at closing of the PID Bonds approved amounts from the appropriate account to
the Developer, or its designee, as applicable. In order to receive such a disbursement, the
Developer shall execute a Closing Disbursement Request substantially in the form attached hereto
as Exhibit B to be delivered to the City no less than fifteen (15) business days prior to the scheduled
closing date for the PID Bonds for payment in accordance with the provisions of the Bond
Indenture and subject to Section 3.5.3 below. In order to receive disbursements from the applicable
fund under the Bond Indenture at the closing of the PID Bonds, if PID Bonds are issued, or from
the PID Reimbursement Fund, the Developer shall execute a Certificate for Payment for the
applicable PID Project to be delivered to the City for payment in accordance with the provisions
of the Bond Indenture, if applicable, and/or this Agreement.
3.5.2 If PID Bonds for an Improvement Area are issued prior to Final Completion
of all PID Projects for such Improvement Area, and upon the presentation of a Certificate for
Payment for PID Project Costs for such Improvement Area and a Closing Disbursement Request
for the Improvement Area and approval of each by the City, subject to any limitations and
requirements in the Development Agreement, the City will cause the Trustee under the Bond
Indenture to pay from the Bond Proceeds at closing of the PID Bonds approved amounts from the
appropriate account to the Developer, or its designee, as applicable and subject to Section 3.5.3
below. In order to receive such a disbursement at closing of the PID Bonds, the Developer shall
execute a Closing Disbursement Request substantially in the form attached hereto as Exhibit B to
be delivered to the City no less than fifteen (15) business days prior to the scheduled closing date
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for the PID Bonds for payment in accordance with the provisions of the Bond Indenture. After
closing of the PID Bonds, in order to receive disbursements from the applicable fund under the
Bond Indenture, or from the PID Reimbursement Fund, the Developer shall execute and submit
(no more frequently than monthly) a Certificate for Payment for PID Project Costs for the
applicable Improvement Area to be delivered to the City for payment in accordance with the
provisions of the Bond Indenture, if applicable, and/or this Agreement.
3.5.3 Upon receipt of a Certificate for Payment (along with all accompanying
documentation reasonably required by the City) from the Developer, the City shall conduct a
review in order to confirm that such request is complete, to confirm that the work for which
payment is requested was performed in accordance with all applicable governmental laws, rules
and regulations and applicable plans therefor with the terms of this Agreement, the Development
Agreement and any other agreement between the Parties related to property in the PID, and to
verify and approve PID Project Costs of such work specified in such Certificate for Payment. The
City shall also conduct such review as is required to confirm the matters certified in the Certificate
for Payment. The Developer agrees to cooperate with the City in conducting each such review
and to provide the City with such additional information and documentation as is reasonably
necessary for the City to conclude each such review. Within fifteen (15) business days following
receipt of any Certificate for Payment, the City shall either: (a) approve the Certificate for Payment
and (i) forward it to the trustee designated under the Bond Indenture (the "Trustee") for payment
or (ii) pay such amount from the PID Reimbursement Fund; or, (b) provide the Developer with
written notification of disapproval of all or part of a Certificate for Payment, specifying in detail
the basis for any such disapproval. If the City timely disapproves the Certificate for Payment by
delivering a detailed notice to the Developer, then payment with respect to the disputed portion(s)
of the Certificate for Payment shall not be made until the Developer and the City settle the dispute.
The Parties agree to meet promptly and resolve the dispute within twenty (20) calendar days from
the date of the City denying any such payment. If PID Bonds are issued, the City shall deliver the
approved or partially approved Certificate for Payment to the Trustee for payment, and the Trustee
shall make the disbursements as soon as practicable thereafter.
3.6 Obligations Limited. The obligations of the City under this Agreement shall not,
under any circumstances, give rise to or create a charge against the general credit or taxing power
of the City or constitute a debt or other obligation of the City payable from any source other than
the applicable account in the PID Reimbursement Fund or the applicable PID Project Fund. Unless
approved by the City at its sole discretion, no other City funds, revenues, taxes, or income of any
kind other than the funds on deposit in the applicable account in the PID Reimbursement Fund or
the applicable PID Project Fund shall be used to pay: (a) the PID Project Costs; (b) the
Reimbursement Agreement Balance for an Improvement Area, even if the applicable
Reimbursement Agreement Balance is not paid in -full on or before the Maturity Date; or (c) debt
service on any applicable PID Bonds. None of the City or any of its elected or appointed officials
or any of its officers, employees, consultants, or representatives shall incur any liability hereunder
to the Developer or any other party in their individual capacities by reason of this Agreement or
their acts or omissions under this Agreement.
3.7 Obligation to Pad If the Developer is then in current compliance with its
obligations under the Development Agreement and any other agreement between the Parties
related to the property in the PID, the Developer Continuing Disclosure Agreement, if applicable,
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and this Agreement, and is not delinquent in payment of the Assessments and paying property
taxes, then following the inspection and approval of all PID Projects of an Improvement Area for
which the Developer seeks reimbursement of the PID Project Costs by submission of a Certificate
for Payment or City approval of a Closing Disbursement Request, the obligations of the City under
this Agreement to pay disbursements (whether to the Developer or to any person designated by
the Developer) identified in any Closing Disbursement Request or in any Certificate for Payment
are unconditional and not subject to any defenses or rights of offset except as may be provided in
any Bond Indenture.
3.8 Construction of PID Projects. All PID Projects shall be constructed by or at the
direction of the Developer in accordance with the Plans, Development Agreement, applicable City
ordinances and regulations, this Agreement and any other applicable written agreement between
the Parties related to property in the PID. Should the Plans, Development Agreement, or other
applicable written agreement(s) between the Developer and the City conflict with applicable City
ordinances and/or regulations, the Developer and the City agree that the Plans, Development
Agreement, or other applicable written agreement(s) between the Developer and the City shall
govern unless the Developer and the City agree to otherwise in writing. The Developer shall
perform, or cause to be performed, all of its obligations and shall conduct, or cause to be conducted,
all operations with respect to the construction of PID Projects in a good and workmanlike manner,
with the standard of diligence and care normally employed by duly qualified persons utilizing their
commercially reasonable efforts in the performance of comparable work and in accordance with
generally accepted practices appropriate to the activities undertaken. The Developer has sole
responsibility of ensuring that all PID Projects are constructed in a good and workmanlike manner,
with the standard of diligence and care normally employed by duly qualified persons utilizing their
reasonable efforts in the performance of comparable work and in accordance with generally
accepted practices appropriate to the activities undertaken. The Developer shall, at all time,
employ adequate staff or consultants with the requisite experience necessary to administer and
coordinate all work related to the design, engineering, acquisition, construction, and installation of
all PID Projects to be acquired and accepted by the City from the Developer. If any PID Projects
are or will be on land owned by the City, the City hereby grants to the Developer a license to enter
upon such land for purposes related to construction (and maintenance pending acquisition and
acceptance by the City) thereof. Inspection and acceptance of PID Projects will be in accordance
with applicable City ordinances and regulations, unless such applicable City ordinances and
regulations conflict with the Plans, Development Agreement, and/or other applicable written
agreement(s) between the Developer and the City, in which case the inspections and acceptance
of PID Projects shall be in accordance with the specifications of the Plans, Development
Agreement, and/or other applicable written agreement(s) between the Developer and the City.
3.9 Security for PID Pro'e� cts. Prior to the completion and conveyance to the City of
any PID Project, the Developer shall provide or cause to be provided a maintenance bond relating
to the PID Projects, which maintenance bond shall be for a term of one (1) year from the date of
final acceptance of the applicable PID Project. Any surety company through which a bond is
written shall be a surety company duly authorized to do business in the State of Texas, provided
that legal counsel for the City has the right to reject any surety company regardless of such
company's authorization to do business in Texas. Nothing in this Agreement shall be deemed to
prohibit the Developer or the City from contesting in good faith the validity or amount of any
mechanics or materialman's lien and/or judgment nor limit the remedies available to the Developer
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or the City with respect thereto so long as such delay in performance shall not subject the PID
Projects to foreclosure, forfeiture, or sale. In the event that any such lien and/or judgment with
respect to the PID Projects is contested, the Developer shall be required to post or cause the
delivery of a surety bond or letter of credit, whichever is preferred by the City, in an amount
reasonably determined by the City, not to exceed one hundred percent (100%) of the disputed
amount.
3.10 Ownership and Transfer of PID Propects. All PID Projects shall be owned by the
City upon acceptance of them by the City. The Developer shall take any action reasonably required
by the City to transfer, convey, or otherwise dedicate or ensure the dedication of land, right-of-
way, or easements for the PID Projects to the City for public use. The Developer shall convey the
PID Projects to the City by deed or other appropriate instrument of conveyance, with full
warranties, free and clear of any liens, claims, encumbrance, options, charges, assessments,
restrictions, laminations or reservations, including liens for ad valorem taxes for past and current
years, and payments due to construction contractors, laborers, or materialmen, unless otherwise
waived by the City. The Developer may also convey the PID Projects to the City by plat or other
instrument on behalf of or benefiting the City. For any land transferred to the City as a PID Project,
the Developer shall furnish to the City a preliminary title report for such land, prior to the City
accepting the PID Project and prior to the City providing any reimbursement to the Developer.
The report shall be made available for City review and approval at least fifteen (15) business days
prior to the scheduled transfer of title. The City shall approve the preliminary title report unless it
reveals a matter which, in the reasonable judgment of the City, would materially affect the common
use and enjoyment subscribed to such PID Projects. If the City objects to any preliminary title
report, the City shall not be obligated to accept title to the applicable land until the Developer has
cured the objections to the reasonable satisfaction of the City. The Developer shall also assign, in
writing, all of its contractors' and materialmen's warranties relating to the PID Projects. All
documents or instruments of conveyance, transfer, or assignment hereunder shall be in a form and
content acceptable to the City's attorneys. The Developer, at the time of reimbursement by the
City, shall deliver to the City a release of all liens upon the bonded PID Projects securing the costs
of construction of the bonded PID Projects advanced by a third -party lender. Any conveyance of
PID Projects to the City by plat shall not be considered effective until the City has provided a letter
of acceptance for such PID Projects. Any conveyance of PID Projects to the City by deed or
similar instrument shall not be considered effective until such deed or other instrument is recorded
in the property records of Lamar County.
3.11 Correction of Defects. Prior to the conveyance of the PID Projects to the City, the
Developer shall correct or cause the correction of any known engineering or construction defects
then existing in the PID Projects or for satisfaction of any unpaid claim for materials or labor. The
City shall be under no obligation to contest or challenge any claim for labor or materials; provided,
however, that in the event the Developer fails to promptly correct any such defect or satisfy any
such claim subject to the notice and "non -monetary Failure" timelines of Section 4.6.1, the City
may elect to do so and, in such event, shall have full rights of subrogation. Subject to any
applicable statutes of limitation, the Developer shall pay the City for the City's costs in satisfying
any claim including, but not limited to, construction costs, engineering fees, attorneys' fees,
building or construction permits, filing fees or court costs. After conveyance of the PID Projects
to the City, the City shall look solely to the maintenance bond provided by the Developer pursuant
to Section 3.10 of this Agreement to correct any defect in the PID Projects.
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3.12 Survival or Rgpresentations. All representations, warranties and agreements of the
City and the Developer hereunder shall survive the conveyance of the PID Projects to the City.
3.13 Iml)royement Area Reimbursement Agreements. The Developer and the City may
enter into one or more additional reimbursement agreements for a particular Improvement Area to
establish the terms by which Developer may obtain reimbursements for PID Project Costs for the
applicable Improvement Area through the Bond Proceeds or Assessments, in which case any such
reimbursement agreement shall control over this Agreement, and this Agreement shall have no
effect with respect thereto.
SECTION 4.
ADDITIONAL PROVISIONS
4.1 Term. The term of this Agreement shall begin on the Effective Date and shall
continue until the earlier to occur of (i) the expiration of forty-five (45) years from the Effective
Date; (ii) the last Maturity Date relating to any Improvement Area; (iii) the date on which the
Reimbursement Agreement Balance for all Improvement Areas is paid in full; (iv) the date of
issuance of the last series of PID Bonds for the last Improvement Area to be developed in the PID;
or (v) termination pursuant to a Default. This Agreement shall terminate with respect to any
particular Improvement Area upon the earlier to occur of: (i) the Maturity Date for that
Improvement Area; (ii) the date on which the Reimbursement Agreement Balance for the
Improvement Area is paid in full; or (iii) the date of issuance of the last series of PID Bonds for
the Improvement Area. Upon termination of this Agreement with respect to an Improvement Area,
the amount of the Reimbursement Agreement Balance for that Improvement Area that has not
been paid, plus the accrued and unpaid interest thereon (collectively, the "Unpaid Balance") shall
be canceled and for all purposes of this Agreement shall be deemed to have been conclusively and
irrevocably PAID IN FULL, and such Unpaid Balance shall no longer be deemed to be payable.
4.2 No Competitive Bidding. Construction of the PID Projects shall not require
competitive bidding pursuant to Section 252.022(a)(9), Texas Local Government Code, as
amended. All plans and specifications, but not construction contracts, shall be reviewed and
approved, in writing, by the City prior to the Developer selecting the contractor.
4.3 Indel endent Contractor. The PID Projects shall be constructed in a good and
workmanlike manner and all material used in such construction shall be fit for the their intended
purpose. In performing this Agreement, the Developer is an independent contractor and not the
agent or employee of the City.
4.4 Audit. The City Representative shall have the right, during normal business hours
and upon five (5) business days' prior written notice to the Developer, to review all books and
records of the Developer pertaining to costs and expenses incurred by the Developer with respect
to any of the PID Projects. For a period of two (2) years after completion of the PID Projects,
books shall be maintained in accordance with customary real estate accounting principles.
4.5 Record Drawins. Upon completion of construction of the PID Projects, the
Developer shall provide the City will final record drawings of the PID Projects approved by the
City Engineer.
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4.5 Representations and Warranties.
4.5.1 The Developer represents and warrants to the City that: (a) the Developer
has the authority to enter into and perform its obligations under this Agreement; (b) the Developer
has the financial resources, or the ability to obtain sufficient financial resources, to meet its
obligations under this Agreement; (c) the person executing this Agreement on behalf of the
Developer has been duly authorized to do so; (d) this Agreement is binding upon the Developer in
accordance with its terms; (e) the Developer is current on all taxes, assessments, fees and
obligations to the City; (f) the Developer is not in default under the Development Agreement or
any other agreement with the City related to the PID; and (g) the execution of this Agreement and
the performance by the Developer of its obligations under this Agreement do not constitute a
breach or event of default by the Developer under any other agreement, instrument, or order to
which the Developer is a party or by which the Developer is bound.
4.5.2 The City represents and warrants to the Developer that: (a) the City has the
authority to enter into and perform its obligations under this Agreement; (b) the person executing
this Agreement on behalf of the City has been duly authorized to do so; (c) this Agreement is
binding upon the City in accordance with its terms; and (d) the execution of this Agreement and
the performance by the City of its obligations under this Agreement do not constitute a breach or
event of default by the City under any other agreement, instrument, or order to which the City is a
party or by which the City is bound.
4.6 Default/Remedies.
4.6.1 If either Party fails to perform an obligation imposed on such Party by this
Agreement (a "Failure") and such Failure is not cured after written notice and the expiration of the
p p "Default."
�" If a Failure is
cure periods provided in this section then such Failure shall constitute a Defau t.
monetary, the non-performing Party shall have fifteen (15) business days within which to cure. If
the Failure is non -monetary, the non-performing Party shall have thirty (30) calendar days within
which to cure. However, if the non -monetary Failure is of such a nature that it cannot reasonably
be expected to be cured within thirty (30) calendar days, then the Party who failed to perform shall
have such time as is necessary to cure the default, so long as the failing Party commences the cure
within thirty (30) calendar days and diligently pursues such cure to completion.
4.6.2 If the Developer is in Default, the City shall have available all remedies at
law or in equity, including, without limitation, specific performance and damages; provided,
however, that no Default by the Developer shall entitle the City to (i) terminate this Agreement or,
(ii) recover consequential or exemplary damages. In the event the Developer fails to pay any of
the expenses or amounts or perform any obligation specified in this Agreement, then to the extent
such failure constitutes a Default hereunder, the City may, but shall not be obligated to do so, pay
any such amount or perform any such obligations and the amount so paid and the reasonable out
of pocket costs incurred by the City in said performance shall be due and payable by the Developer
to the City within thirty (30) calendar days after the Developer's receipt of an itemized list of such
costs. Any amounts or remedies due pursuant to the Agreement are not subject to acceleration.
4.6.3 If the City is in Default, the Developer shall have available all remedies at
law or in equity, including without limitation, specific performance and damages; provided,
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however, that no Default by the City shall entitle the Developer to (i) terminate this Agreement or
(ii) recover consequential or exemplary damages. Any financial obligation of the City will only be
payable from Assessments Revenues collected for the payment of Annual Collection Costs and
Delinquent Collection Costs. Any amounts or remedies due pursuant to this Agreement are not
subject to acceleration.
4.7 Remedies Outside the Agreement. Nothing in this Agreement constitutes a waiver
by the City of any remedy the City may have outside this Agreement against the Developer or any
other person or entity involved in the design, construction, or installation of the PID Projects. The
obligations of the Developer hereunder shall be those of a Party hereto and not as an owner of
property in the PID. Nothing herein shall be construed as affecting the City's or the Developer's
rights or duties to perform their respective obligations under other agreements, use regulations, or
subdivision requirements relating to the development property in the PID.
4.8 Applicable Law; mmVenue. This Agreement is being executed and delivered and is
intended to be performed in the State of Texas. Except to the extent that the laws of the United
States may apply, the substantive laws of the State of Texas shall govern the interpretation and
enforcement of this Agreement. In the event of a dispute involving this Agreement, venue shall
lie in any court of competent jurisdiction in Lamar County, Texas.
4.9 Governmental Powers; Waivers p f p1p unit . By its execution of this Agreement,
the City does not waive or surrender any of its governmental powers, immunities, or rights except
as follows:
4.9.1. The City waives its governmental immunity from suit and immunity from
liability as to any action brought by the Developer to pursue the remedies available under this
Agreement, but only to the extent necessary to pursue such remedies. Nothing in this section
shall waive any claims, defenses or immunities that the City has with respect to suits against the
City by persons or entities other than the Developer.
4.9.2 Nothing in this Agreement is intended to delegate or impair the
performance by the City of its governmental functions, and the City waives any claim or defense
that any provision of this Agreement is unenforceable on the grounds that it constitutes an
impermissible delegation or impairment of the City's performance of its governmental functions.
4.9.3 The City acknowledges this Agreement is a contract subject to Texas
Local Government Code Chapter 271, Subchapter I.
4.10 Notice. Any notice referenced in this Agreement must be in writing and shall be
deemed given at the addresses shown below: (a) when delivered by a nationally recognized
delivery service such as FedEx or UPS with evidence of delivery signed by any person at the
delivery address regardless of whether such person is the named addressee; or (b) 72 hours after
deposited with the United States Postal Service, Certified Mail, Return Receipt Requested.
To the City:
Reimbursement Agreement
Forestbrook Public Improvement District No. 1 Page 14
018581.000001\4908-9229-3155.v5
City of Paris
Attn: City Manager
2313 Main Street
Paris, Texas 75135
With a copy to:
Stephanie H. Harris
City Attorney
135 SE 1st Street
Paris, TX 75460
To the Developer:
Lone Star Planned Developments, LLC
Attn: Nathan Spaulding
609 S Goliad St #656
Rockwall, Texas 75087
With a copy to:
Coats I Rose, P.C.
Attn: Timothy G. Green
9 Greenway Plaza, Suite 1000
Houston, Texas 77046
Any Parry may change its address by delivering notice of the change in accordance with this
section.
4.11 Co
nt. In the event of any conflict between this Agreement and
�ww Conflicts-, Amendment. ,,,.
any other instrument, document, or agreement by which either Party is bound, the provisions and
intent of the Bond Indenture controls. This Agreement may only be amended by written agreement
of the Parties.
4.12 Severabi� lith. If any provision of this Agreement is held invalid by any court, such
holding shall not affect the validity of the remaining provisions.
4.13 Non -Waiver. The failure by a Party to insist upon the strict performance of any
provision of this Agreement by the other Party, or the failure by a Party to exercise its rights upon
a Default by the other Party, shall not constitute a waiver of such Party's right to insist and demand
strict compliance by such other Party with the provisions of this Agreement.
4.14 Third Parti Beneficiaries., Nothing in this Agreement is intended to or shall be
p y
construed to confer upon an person or entity other than the City and the Developer, any rights
under or by reason of this Agreement. All provisions of this Agreement shall be for the sole and
exclusive benefit of the City and the Developer.
Reimbursement Agreement
Forestbrook Public Improvement District No. 1 Page 15
018581.000001\4908-9229-3155.v5
4.15 Counteldarts This Agreement may be executed in multiple counterparts, which,
when taken together, shall be deemed one original.
4.16 Emr lowgent of Undocumented _ _ mented Workers. During the term of this Agreement, the
Developer agrees not to knowingly employ any undocumented workers and if convicted of a
violation under 8 U.S.C. Section 1324a (f), the Developer shall repay the amount of any
reimbursement payment or other funds received by the Developer from City from the date of this
Agreement to the date of such violation within 120 days after the date the Developer is notified by
City of such violation, plus interest at the rate of 4% compounded annually from the date of
violation until paid. The Developer is not liable for a violation of this section by a subsidiary,
affiliate, or franchisee of the Developer or by a person with whom the Developer contracts.
4.17 Form 1295 Certificate of Interested Parties. Prior to its execution of this
Agreement, the Developer agrees to file with th
gr p gr e City pursuant to Texas Government Code
2252.908 a signed and completed Texas Ethics Commission ("TEC") Form 1295 and a
certification of filing with TEC.
4.18 Recitals. The recitals set forth in Section 1: (a) are part of this Agreement for all
purposes; (b) are true and correct; and (c) each Party has relied upon such recitals in entering into
this Agreement.
4.19 Assignability. Prior to the commencement date of the reimbursement payments to
the Developer for the first Improvement Area, the Developer may not, without the prior written
consent of the City, convey, transfer, assign, mortgage, pledge, or otherwise encumber, in whole
or in part, any right, title, or interest under this Agreement. On or after such reimbursement
commencement date, the Developer has the right to convey, transfer, assign, mortgage, pledge, or
otherwise encumber, in whole or in part without the consent of (but with prior written notice to)
the City, the Developer's right, title, or interest under this Agreement including, but not limited
to, any right, title, or interest of the Developer in and to payment of any Reimbursement Agreement
Balance (any of the foregoing, a "Transfer," and the person or entity to whom the Transfer is made,
a "Transferee"). The rights of the Developer to assignment are conditioned upon the Transferee
agreeing, in writing, to assume the rights, title or interest being assigned and to be bound by the
terms and conditions of this Agreement to the extent they apply to the rights, title or interest being
assigned. An assignment by the Developer pursuant to this Section shall be effective upon delivery
to the City of a copy of the fully executed assignment, which shall include the information required
by Section 4.9 hereof and unambiguous provisions regarding any apportionment between the
Developer and the Transferee of the right to receive payment of a Reimbursement Agreement
Balance for an Improvement Area or any other payment. The City may rely on any notice of a
Transfer or executed assignment received from the Developer without obligation to investigate or
confirm the validity or occurrence of such Transfer. The Developer waives all rights or claims
against the City for any such funds provided to a third party as a result of a Transfer for which the
City has received notice, and the Developer's sole remedy shall be to seek the funds directly from
the third party. If the City determines in its sole discretion that the executed assignment received
from the Developer does not unambiguously provide for the apportionment between the Developer
and the Transferee of the right to receive payments of a Reimbursement Agreement Balance or
any other amount, the City will make such payments solely to the Developer until such time as the
executed assignment is amended to unambiguously provide for such apportionment and the
Reimbursement Agreement
Forestbrook Public Improvement District No. 1 Page 16
018581.000001\4908-9229-3155.v5
Transferee or other third party's sole remedy shall be to seek the funds directly from the Developer.
No conveyance, transfer, assignment, mortgage, pledge or other encumbrance, including under
Section 4.20 hereof, shall be made by the Developer or any successor or assignee of the Developer
that results in the City being an "obligated person" within the meaning of Rule 15c2-12 of the
United States Securities and Exchange Commission without the express written consent of the
City. The City shall not be required to make payments pursuant to this Agreement to more than
two parties. Any assignment by a Transferee of its rights, title or interest under this Agreement
shall be subject to the requirements of the Developer under this Section.
4.20 Encumbrance bv Developer and Assi�gees. The Developer and Assignees have the
right, from time to time, to collaterally assign, pledge, grant a lien or security interest in, or
otherwise encumber any of their respective rights, title, or interest under this Agreement for the
benefit of (a) their respective lenders without the consent of, but with prompt written Notice to, the
City, and (b) to any person or entity with the City Manager's prior written consent (which consent
shall not be unreasonably withheld, conditioned, or delayed). If the City Manager fails to provide
the Developer or Assignee with a reasonable written objection. to a collateral assignment request
within thirty (30) days of receiving such request, then the collateral assignment shall be
automatically deemed approved by the City. The collateral assignment, pledge, grant of lien or
security interest, or other encumbrance shall not, however, obligate any lender to perform any
obligations or incur any liability under this Agreement unless the lender agrees in writing to
perform such obligations or incur such liability. Provided the City has been given a copy of the
documents creating the lender's interest, including Notice information for the lender, then that
lender shall have the right, but not the obligation, to cure any default under this Agreement and
shall be given a reasonable time, but no more than 180 days, to do so in addition to the cure periods
otherwise provided to the defaulting Party by this Agreement; and the City agrees to accept a cure,
not to be unreasonably withheld, offered by the lender as if offered by the defaulting Party. A lender
is not a party to this Agreement unless this Agreement is amended, with the consent of the lender,
to add the lender as a Party. Notwithstanding the foregoing, however, this Agreement shall
continue to bind the Property and shall survive any transfer, conveyance, or assignment occasioned
by the exercise of foreclosure or other rights by a lender, whether judicial or non judicial. Any
purchaser from or successor Developer through a lender of any portion of the Property shall be
bound by this Agreement and shall not be entitled to the rights and benefits of this Agreement with
respect to the acquired portion of the Property until all defaults under this Agreement with respect
to the acquired portion of the Property have been cured.
4.21 Cautions. The captions used in connection with the paragraphs of this Agreement
are for convenience only and shall not be deemed to construe or limit the meaning of the language
contained in this Agreement or used as interpreting the meanings and provisions hereof
4.22 Force Majeure. Each Party shall use good faith, due diligence and reasonable care
in the performance of its respective obligations under this Agreement, and time shall be of the
essence in such performance; however, in the event a Party is unable, due to force majeure, to
perform its obligations under this Agreement, then the obligations affected by the force majeure
shall be temporarily suspended. Within ten (10) Business Days after the occurrence of a force
majeure, the Party claiming the right to temporarily suspend its performance shall give notice to
the other Party, including a detailed explanation of the force majeure and a description of the action
that will be taken to remedy the force majeure and resume full performance at the earliest possible
Reimbursement Agreement
Forestbrook Public Improvement District No. 1 Page 17
018581.000001\4908-9229-3155.v5
time. Any suspension of obligation(s) because of any force majeure shall terminate automatically
sixty (60) days following the provision of the notice described by this section, unless otherwise
separately agreed by the Parties or unless the Party whose obligation was suspended by the force
majeure is prohibited by law to perform such obligation, in which case said Party shall perform
such obligation(s) as soon as reasonably practical after the legal impediment to such performance
has ended. The term "force majeure," as used herein, shall include, without limitation, acts of God;
strikes, lockouts, or other industrial disturbances; acts of public enemy; order of any kind of the
Government of the United States or the State of Texas or any civil or military authority;
insurrections; riots; epidemics and pandemics causing a disaster declaration by the State of Texas;
landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; restraint
of government and people; civil disturbances; explosions; breakage or accidents to machinery;
pipelines or canals; partial or total failure of water supply and inability to provide water necessary
for operation of the sewer system, or to receive waste; and any other inabilities of the Party,
whether similar to those enumerated or otherwise, which are not within the control of the Party,
which the Party could not have avoided by the exercise of due diligence and care. It is understood
and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of such
Party, and that the above requirement that any force majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes and lockouts by acceding to the demand of the
opposing Party when such settlement is unfavorable to it in the judgment of such Party.
4.23 Anti-Boycottm Verification. The Developer hereby verifies that it and its parent
company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel
and will not boycott Israel during the term of this Agreement. The foregoing verification is made
pursuant to Section 2271.002, Texas Government Code. As used in the foregoing verification,
"boycott Israel" means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -
controlled territory, but does not include an action made for ordinary business purposes. The
Developer understands "affiliate" to mean an entity that controls, is controlled by, or is under
common control with the Developer and exists to make a profit. Notwithstanding anything
contained herein, the representations and covenants contained in this Section 4.21 shall survive
termination of this Agreement until the statute of limitations has run.
4.24 Verification Pursuant to Chapters 2252 and 2270 of the Texas Government Code.
The Developer represents that neither it nor any of its parent company, wholly- or majority-owned
subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the
Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas
Government Code. The foregoing representation is made pursuant to Section 2252.152, Texas
Government Code and excludes the Developer and its parent company, wholly- or majority-owned
subsidiaries, and other affiliates, if any, that the United States government has affirmatively
declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal
sanctions regime relating to a foreign terrorist organization. The Developer understands "affiliate"
to mean any entity that controls, is controlled by, or is under common control with the Developer
and exists to make a profit. Notwithstanding anything contained herein, the representations and
covenants contained in this Section 4.22 shall survive termination of the Agreement until the
statute of limitations has run.
Reimbursement Agreement
Forestbrook Public Improvement District No. 1 Page 18
018581.000001\4908-9229-3155.v5
4.25 Verifications Pursuant to Chatater 2276, Texas Government Code. The Developer
hereby verifies that it and its parent companies, wholly- or majority- owned subsidiaries, and other
affiliates, if any, do not boycott energy companies and will not boycott energy companies during
the term of this Agreement. The foregoing verification is made pursuant to Section 2276.002,
Texas Government Code, as amended. As used in the foregoing verification, "boycott energy
companies" shall have the meaning assigned to the term "boycott energy company" in Section
809.001, Texas Government Code. The Developer understands "affiliate" to mean an entity that
controls, is controlled by, or is under common control with the Developer and exists to make a
profit. Notwithstanding anything contained herein, the representations and covenants contained in
this Section 4.23 shall survive termination of the Agreement until the statute of limitations has run.
4.26 Verification Pursuant -tomm Cha iter 2274 Texas Government Code. The Developer„
hereby verifies that it and its parent companies, wholly- or majority- owned subsidiaries, and other
affiliates, if any,
(1) do not have a practice, policy, guidance or directive that discriminates against a
firearm entity or firearm trade association; and
(2) will not discriminate during the term of this Agreement against a firearm entity or
firearm trade association during the term of this Agreement.
The foregoing verification is made pursuant to Section 2274.002, Texas Government Code,
as amended. As used in the foregoing verification, "discriminate against a firearm entity or firearm
trade association” shall have the meaning assigned to such term in Section 2274.001(3), Texas
Government Code, "firearm entity" shall have the meaning assigned to such term in Section
2774.001(6), Texas Government Code, and "firearm trade association" shall have the meaning
assigned to such term in Section 2274.001(7), Texas Government Code. The Developer
understands "affiliate" to mean an entity that controls, is controlled by, or is under common control
with the Developer and exists to make a profit. Notwithstanding anything contained herein, the
representations and covenants contained in this Section 4.24 shall survive termination of the
Agreement until the statute of limitations has run.
4.27 Exhibits. The following exhibits are attached to this Agreement and are
incorporated herein for all purposes:
Exhibit A: Form of Certificate for Payment
Exhibit B: Form of Closing Disbursement Request
Exhibit C: Form of Reimbursement Agreement Balance Certificate
[Execution pages follow.]
Reimbursement Agreement
Forestbrook Public Improvement District No. 1 Page 19
018581.000001\4908-9229-3155.v5
CITY:
CITY OF PARIS, TEXAS
By:___
.......�
Name: Mihir Pankaj
Title: Mayor_—
Date:
Attest:
Janice Ellis, City Clerk
Reimbursement Agreement
Forestbrook Public Improvement District No. 1 Page 20
01 8581.000001\4908-9229-3155.v5
DEVELOPER:
LONE STAR PLANNED DEVELOPMENTS, LLC
a Texas limited liability company
By..... �..........
Name: Nathan Spaulding
Title: Managing Member
Date:
Reimbursement Agreement
Forestbrook Public Improvement District No. 1 Page 21
018581.000001\4908-9229-3155.v5
Exhibit A
RM QF, TIFICAIE F YMENT
The undersigned is an agent for Lone Star Planned Developments, LLC ("Developer"),
and requests payment from the City of Paris, Texas (the "City") out of the [PID Project Fund (as
defined in the Bond Indenture) / PID Reimbursement Fund] in the amount of $ for labor,
materials, fees, and/or other general costs related to the creation, acquisition, or construction of
certain PID Projects providing a special benefit to property within Improvement Area #[_] of the
Forestbrook Public Improvement District No. 1. Unless otherwise defined, any capitalized terms
used herein shall have the meanings ascribed to them in the Reimbursement Agreement,
Forestbrook Public Improvement District No. 1, effective , 20_ (the "Reimbursement
Agreement"). In connection with the above referenced payment, Developer represents and
warrants to the City as follows:
1. The undersigned is a duly authorized officer of Developer, is qualified to execute this
Certificate for Payment Form on behalf of Developer, and is knowledgeable as to the matters set
forth herein.
2. The payment requested for the below referenced PID Projects has not been the subject of
any prior payment request submitted for the same work to the City or, if previously requested, no
disbursement was made with respect thereto.
3. The amount listed below is a true and accurate representation of the PID Project Costs
associated with the creation, acquisition, or construction of said PID Projects and such costs: (a)
are in compliance with the Reimbursement Agreement; and (b) are consistent with the Service and
Assessment Plan.
4. Developer is in compliance with the terms and provisions of the Development Agreement,
Developer Continuing Disclosure Agreement, Reimbursement Agreement and the Service and
Assessment Plan.
5. Developer has timely paid all ad valorem taxes and annual installments of special
assessments it owes or an entity Developer controls owes, located in the Forestbrook Public
Improvement District No. 1 and has no outstanding delinquencies for such assessments.
6. All conditions set forth in the Agreement [and the Bond Indenture] for the payment hereby
requested have been satisfied.
7. The work with respect to the portion of the PID Project referenced below has been
completed, and the City has inspected such PID Project.
8. Developer agrees to cooperate with the City in conducting its review of the requested
payment, and agrees to provide additional information and documentation as is reasonably
necessary for the City to complete said review.
018581.000001\4908-9229-3155.v5
Payments requested are as follows:
a. X amount to Person or Account Y for Z goods or services.
b. Payment / Wire Instructions
Attached hereto are invoices, cancelled checks, detailed receipts, purchase orders, change orders,
and similar instruments which support and validate the above requested payments. Also attached
hereto are "bills paid" affidavits and supporting documentation in the standard form for City
construction projects.
Pursuant to the Reimbursement Agreement, after receiving this payment request, the City has
inspected the PID Project(s) (or completed segment) and confirmed that said work has been
completed in accordance with approved plans and all applicable governmental laws, rules, and
regulations.
I hereby declare that the above representations and warranties are true and correct.
[remainder of page left blank intentionally]
01 8581.000001\4908-9229-3155.v5
DEVELOPER:
LONE STAR PLANNED DEVELOPMENTS, LLC,
a Texas limited liability company
By:
Name:
Title:
Date:
018581.000001\4908-9229-3155.v5
APPROVAL OF REqIIE&T BY CM
The City is in receipt of the attached Certificate for Payment, acknowledges the Certificate
for Payment, acknowledges that the PID Projects covered by the certificate have been inspected
by the City, and otherwise finds the Certificate for Payment to be in order. After reviewing the
Certificate for Payment, the City approves the Certificate for Payment and directs
as Trustee for the PID Bonds, to make such payments from the PID Project
Fund][payment from the PID Reimbursement Fund] to Developer or to any person designated by
Developer.
CITY OF PARIS, TEXAS
By:—
Name:
Title:
Date:
01858 1.00000 1 \4908-9229-3155.v5
+exhibit B
F RM N DISBU E E
The undersigned is an agent for Lone Star Planned Developments, LLC ("Develoi)er") and
requests payment to Developer (or to the person designated by Developer) from the applicable
account of the PID Project Fund from --_ (the "Trustee") in the amount of
($ ) to be transferred from the applicable account of the PID Project
Fund delivery the upon p ry of the PID Bonds for costs incurred in the establishment, administration,
and operation of Forestbrook Public Improvement District No. 1 (the "District") and costs
associated with the issuance of PID Bonds, as follows.
Unless otherwise defined, any capitalized terms used herein shall have the meanings ascribed to
them in the Indenture of Trust by and between the City and the Trustee dated as of (the
"Indenture") relating to the [ __j (the "PID Bonds").
In connection with the above referenced payment, Developer represents and warrants to the City
as follows:
1. The undersigned is a duly authorized officer of Developer, is qualified to execute
this Closing Disbursement Request on behalf of Developer, and is knowledgeable as to the matters
set forth herein.
2. The payment requested for the below referenced establishment, administration, and
operation of the District at the time of the delivery of the PID Bonds have not been the subject of
any prior payment request submitted to the City.
3. The amount listed for the below costs is a true and accurate representation of the
PID Project Costs associated with the establishment, administration and operation of the District
at the time of the delivery of the PID Bonds, and such costs are in compliance with the Service
and Assessment Plan.
4. Developer is in compliance with the terms and provisions of the Reimbursement
Agreement, the Bond Indenture, and the Service and Assessment Plan.
5. All conditions set forth in the Indenture and the Reimbursement Agreement for the
payment hereby requested have been satisfied.
6. Developer agrees to cooperate with the City in conducting its review of the
requested payment, and agrees to provide additional information and documentation as is
reasonably necessary for the City to complete said review.
Payments requested hereunder shall be made as directed below:
[Information regarding Payee, amount, and deposit instructions attached]
I hereby declare that the above representations and warranties are true and correct.
018581.00000114908-9229-3155.v5
DEVELOPER:
LONE STAR PLANNED DEVELOPMENTS, LLC,
a Texas limited liability company
By:
Name:
Title:
Date:
018581.000001\4908-9229-3155.v5
L JE, "T BY ITY
The City is in receipt of the attached Closing Disbursement Request, acknowledges the
Closing Disbursement Request, and finds the Closing Disbursement Request to be in order. After
reviewing the Closing Disbursement Request, the City approves the Closing Disbursement
Request and directs payment to be made from the PID Project Fund upon delivery of the PID
Bonds.
CITY OF PARIS, TEXAS
By: _-
Name:
Title:
Date:
0 1858 1.00000 1 \4908-9229-3155.v5
Eshilutc-
F R BURS REEMEN_ _ " CE KATE
The undersigned are duly authorized officers of each of Lone Star Planned Developments,
LLC ("Developer") and the City of Paris, Texas (the "City" and, together with the Developer, the
"Parties") and are qualified to execute this certificate pursuant to that certain Reimbursement
Agreement, Forestbrook Public Improvement District No. 1, between the Developer and the City,
effective.....
ffective,, 20_ (the "Reimbursement Agreement"), in order to keep an accounting of the
Reimbursement Agreement Balance (defined therein). Unless otherwise defined, any capitalized
terms used herein shall have the meanings ascribed to them in the Reimbursement Agreement.
The Parties acknowledge and agree that as of the date of execution of this certificate the
schedule(s) set forth below contain a true and correct record of the accounting of the then current
Reimbursement Agreement Balance for each Improvement Area.
[Form of Schedule for Each Improvement Area]
Improvement Area #[_] Reimbursement Agreement Balance
[Signature Pages Follows]
018581.000001\4908-9229-3155.v5
I hereby agree and acknowledge that the above schedule(s) represent a true and correct
accounting of the Reimbursement Agreement Balance for the Improvement Area(s) shown above
as of the date set forth below.
DEVELOPER:
LONE STAR PLANNED DEVELOPMENTS, LLC,
a Texas limited liability company
By:_
Name:
Title:
Date:
01858 1.000001 \4908-9229-3155.v5
I hereby agree and acknowledge that the above schedule(s) represent a true and correct
accounting of the Reimbursement Agreement Balance for the Improvement Area(s) shown above
as of the date set forth below.
CITY OF PARIS, TEXAS
By: —
Name:
Title:
Date: _
0 1858 1.00000 1 \4908-9229-3155.v5
memorandumItem No. 22
TO: City Council
Rose Beverly, City Manager
FROM: Osei Amo-Mensah, Director of Planning and Community Development
SUBJECT: Economic Development and Residential Tax Abatement Agreement with Todd
Stephens
DATE: April 28, 2025
BACKGROUND: Todd Stephens (the Developer) has applied for an Economic Development and
Residential Tax Abatement Agreement under the 5 in 5 Housing Infill Development Program (the
Program) to build 5 single family homes on the following properties that are currently in tax trustee
status with the city:
• LCAD# 10729, W. Walker St., Colonial Addition Block 7, Lot 5
• LCAD# 10730, W. Walker St., Colonial Addition Block 7, Lot 6
• LCAD# 13006, W. Campbell St., Maxey Addition Block 7, Lot 2-B
• LCAD# 13010, W. Campbell St., Maxey Addition Block 8, Lot 3
• LCAD# 13011, W. Campbell St. and 16"' St. NW, Maxey Addition Block 8, Lot 4
STATUS OF ISSUE: Staff has reviewed the application and determined that the properties are
within the Program Area, and that the proposed improvements meet the criteria for the Program.
The proposed agreement, attached hereto, provides incentives under Chapter 380 of the Texas
Local Government Code relating to transfer of the city trustee properties, tap fees, building plan
review, and permitting as well as a residential tax abatement under the authority of Texas Tax
Code Chapter 312. All incentives are provided in the Program guidelines and criteria. Notice of
the Council's consideration of the tax abatement was duly posted at least 30 days prior to this
meeting as required by law.
BUDGET: Discounts on the fees described above. The tax abatement will have negligible
budgetary impact as the abatement will apply only to the incremental value to taxable value
attributable to the required improvements on otherwise undeveloped property.
RECOMMENDATION: Staff recommends adopting a resolution approving the attached 5 in 5
agreement with Todd Stephens.
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 TODD STEPHENS (HEREIN AFTER REFERRED TO AS
OWNER), 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 January 27, 2025, the City Council of the City of Paris, Texas
passed Ordinance No. 2025-003 creating Reinvestment Zone 2025-1 and 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, which guidelines and criteria from time to time have been amended,
most recently on January 13, 2025 by Resolution No. 2025-003; and
WHEREAS, the City Council has, in said guidelines and criteria, designated an
area within Reinvestment Zone 2025-1 as being eligible for the Program; and
WHEREAS, on February 24, 2023, the City Council approved resolution 2025-
010 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, Owner has submitted an application for a 5 In 5 Housing Infill
Development project to construct five (5) 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 2025-1 and meet the requirements for Improvements set forth in the guidelines
and criteria for the Program as set forth in City Resolution No. 2025-003.
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 Todd Stephens 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. 2025-010 and will lead to the economic
development of the Program Area described in said Resolution No. 2025-003.
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 28th day of April, 2025.
Mihir Pankaj, Mayor
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 TODD STEPHENS (hereinafter referred
to as "Owner").
WITNESSETH:
WHEREAS, on January 27, 2025, the City Council of the City of Paris, Texas passed
Ordinance No. 2025-003 creating Reinvestment Zone 2025-1, 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, which guidelines and criteria
have from time to time been amended, most recently on January 13, 2025 by Resolution No. 2025-
003; and
WHEREAS, the City Council has, in said guidelines and criteria, designated an area within
Reinvestment Zone 2025-1 as being eligible for the Program; and
WHEREAS, on February 24, 2023, the City Council approved Resolution No. 2025-010
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, Owner has submitted an application for a 5 In 5 Housing Infill Development
project to construct five (5) 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 2025-1 and meet the requirements for
Improvements set forth in the guidelines and criteria for the Program as set forth in City Resolution
No. 2025-003.
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, which
Properties are within Reinvestment Zone No. 2025-1 and within the area set forth in the Program:
• LCAD# 10729, W. Walker St., Colonial Addition Block 7, Lot 5
• LCAD# 10730, W. Walker St., Colonial Addition Block 7, Lot 6
• LCAD# 13006, W. Campbell St., Maxey Addition Block 7, Lot 2-B
• LCAD# 13010, W. Campbell St., Maxey Addition Block 8, Lot 3
• LCAD# 13011, W. Campbell St. and 16a' St. NW, Maxey Addition Block 8, Lot 4
B. Consideration --Improvements
3.2 The Improvements to be completed consist of five (5) 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 April 27, 2030.
3.3 The total estimated value of the Improvements to be constructed on the above -
referenced parcels is SEVEN HUNDRED TWENTY-FIVE THOUSAND AND NO/100
DOLLARS ($725,000.00).
2
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 April 27, 2030.
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
greementTexas Local Government Code Chapter 380
A. Term
4.1 The term of this Economic Development Agreement shall commence on April 28,
2025 and shall continue for a period of five (5) years ending on April 27, 2030.
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
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
4
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 April 28, 2025. 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 (5t') 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, 2025.
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 2, provided, however, that in the event
of any conflict between this Agreement Exhibit 2, 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 five 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 and
provisions of Section 312.205 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.
C
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 28th day of April 2025, 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:
TODD STEPHENS
2910 Meandering Way
Paris, Texas 75462
CITY:
CITY OF PARIS, TEXAS
Attn: City Manager
P. O. Box 9037
Paris, TX 75461-9037
With a co p 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.
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
0
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 28th day of April, 2025.
THE CITY OF PARIS, TEXAS
10
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Mihir Pankaj, Mayor
TODD STEPHENS
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 28' day of April, 2025.
Notary Public, State of Texas
II
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared Todd Stephens,
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 April, 2025.
Notary Public, State of Texas
12
Exhibit 1--Aj1plication
PL -INFO -0007 (rev 08/24f
TEXAS
Where Texans Reach I`digher
CITY OF PARIS, TEXAS
APPLICATION FOR RESIDENTIAL TAX ABATEMENT (5 in 5)
Applicant:
4
Name:_
Mailing Address:
Telephone #:,.-kL93..`.�.T 73 �'"...��..�._.�..........-....�..._.. �_ Email• 4C�IC.f�C- t� ADO•
Owner:
�a-.,-�.._
Name:—��.�:.� --�w_.�. ....� ._......DBA• ...... _..�.�..
Mailing Address:0f1l4pG�(l��r't�_� 1- `` 2-7
Telephone #,_ _ Email
- -� 3� r -
Property Parcel(s) Proposed for Agreement:
No. LOAD # Adress Lot Block Addition
2.
3.
lJ----
4.
5.
Add additional sheets if necessary. Full Legal Description: Include as an attachment a full legal description with metes and
s .. d
d
bounds or a copy of the deed., if available.
Improvements:
Type improvements for new Construction (check one): U 2F V M.F
Total Number of Dwelling Units: AS7
Estimated Value of Improvements by type;
Estimated Start Date of Construction: 1.0 V%E'�
Estimated Date of Completion of Project(s)
Description of Project (attach site plan, flor plan, etc.):
Applicant's Signature:
Owner's Signature:
Page 7 of 7
Date: I ? _- 747 Z �
Date:, -S ` ?,-2-0?—S-
March 17, 2025
Triniti Frazier
Planning Technician
City of Paris
tfrazierlca=pari5texas.�� �-
13
Re: Mr. Todd .Stephens
5 in 5 Housing Infill Development Program
Dear Ms. Frazier,
T. BRADLEY PERRY
PRESIDENT
CHIEF EXECUTIVE OFFICER
Please accept this letter of reference for Mr. Tadd Stephens, Mr. Stephens has been in the
construction business for approximately forty years and has been a customer of Peoples Bank for
approximately thirty years. During; this time, he has had credit relationships and numerous
deposit accounts with the Bank. All accounts have been handled in a satisfactory manner.
Please accept this letter as evidence of preapproval for the financing of 1-4 family dwelling(s)
within the City of Paris utilizing the 5 in 5 Housing Infill Development Program. This
preapproval letter does not guarantee final loan approval, as it is based on a limited initial
assessment of information provided to the Bank.
Final loan approval would require a current application along with current financial and
collateral documentation that complies with bank regulations and bank lending policy and would
be contingent upon all underwriting conditions being met, qualification factors remaining
unchanged, satisfactory appraisal of the property, and verification of information provided on the
application. This pre -approval is good for 90 days from the date of this letter.
If any further information is needed, you may contact me at 903-783-3834 or
hperry 'dpbpar s com.
Sincerely, �-47
Brad Perry
President & CEO
Peoples Bank
2805L AMAR AVE PARIS. TEXAS 715360, 903-783-313'00
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Exhibit 2 -Deed
[To be provided.]
RESOLUTION NO. 2025-003
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 ("Guidelines") 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, following a 150 day moratorium of the Program designed to allow the
City to receive the results of the Housing Assessment and to revise the Program Guidelines
accordingly, the City Council adopted revised Guidelines on August 26, 2024 via Resolution
No. 2024-038; and
WHEREAS, the revised Guidelines, while providing more flexibility in the Program,
also contain limitations designed to prohibit the City from conveying City Trustee
properties to any particular developer seeking a second Program agreement if said
developer has an existing and active Program agreement under which the City has
conveyed Trustee properties if the majority of the properties in the existing agreement
remain undeveloped; and
WHEREAS, as written, said limitation also applies to a developer whose existing
active agreements relate to properties that were already privately owned and do not
involve the conveyance of Trustee properties; and
Item No. 23
Memorandum
TO: Mayor, Mayor Pro -Tem & City Council
Rose Beverly, City Manager
FROM: Robert Talley, Code Enforcement Supervisor
SUBJECT: DEMOLITION REPORT
DATE: April 28, 2025
BACKGROUND: The removal of substandard and dilapidated structures makes our city safer,
increases property values, adds potential growth for new construction and better land use, and
decreases urban blight. This process is regulated under City Code Article 4.03 as well as Texas
Local Government Code Chapter 54, Subchapters B and C, and Texas Local Government Code
Chapter 214, Subchapter A. This process is overseen by the City of Paris Code Enforcement
Department, working with the Buildings and Standards Commission.
STATUS OF ISSUE: The City of Paris actively demolishes substandard and dilapidated
structures. Each month, a report is provided to the City Council summarizing Code Enforcement
activity, including a list of structures demolished in the previous month. By request of the City
Council, this will be discussed in open session each quarter.
BUDGET: Code Enforcement has a $150,000.00 budget for the demolition of substandard and
dilapidated structures.
RECOMMENDATION: None, presentation only.