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19791 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL January 8, 1979 The regular meeting of the City Council., of the City of Paris was held Monday, January 8, 1979 at 7:00 P.M. Mayor Malne called the meeting to order with the following Councilmen present. B. J.,Burnett, Raymond Wunsch, Walter F. Williams, George Fisher, Jr. Also present were City Manager, Robert W. Sokoll, City Clerk, H. C. Greene, and City Attorney, T. K. Haynes. Prayer was offered by Lt. Branson, Salvation Army. Mayor Malone ask if there were any corrections to the minutes of previous meetings furnished to the Council members. There being none,.the minutes were approved. Mayor Malone announced that the first order of business would be consideration of recommendations made by the Planning and Zoning Commission. Mayor Malone declared the public hearing.open on the petition of Mable Burchinal for the change in zoning from a Two Family Dwelling District to a Neighborhood Service District on Lot 9 and the east one -half of Lot 8, Block 4, Poland Addition, located at 1523 Neathery Street. Mayor Malone called for proponents to appear and Mrs. Mable Burchinal appeared in behalf of her petition stating that she planned to operate a beauty shop in the neighborhood. Mayor Malone called for opponents to appear and none appeared, and the public hearing was declared closed. Councilman Farris entered the Council Chambers and assumed his chair at the council table. ORDINANCE NO. 2427: lu,4 XIT ORD11MANCE AMENDING ZONING ORDINANCE NO 1710 OF THE CITY OF PARIS, PARIS, -fib TESAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 9 AND THE EAST '12 OF.LOT 8, BLOCK 4, POLAND ADDITION, ON PROPERTY BELONGING TO MABLE BURCHINAL, SO AS A TWO- FAMILY DWELLING DISTRICT (2F); AND DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED. was presented. A motion was made by Councilman Wunsch, seconded by Councilman Burnett for adoption of the Ordinance. Motion carried 6 ayes, 0 nays. Mayor Malone declared the public hearing open on the petition of Mack Jones Jr.' for a change in zoning from a General Retail District to a General Retail District and Specific Use Permit - Commercial Amusement - Indoors, on Lot 1, City Block 270 located at 1320 Fitzhugh Ave. Mayor Malone called for proponents to appear and Mr. Mack Jones, Jr. appeared in behalf of his petition stating that he wish to operate an amusement center at the location. Mayor Malone called for opponents to appear and none appeared, and the public hearing was declared closed. J �-� J i ORDINANCE NO 2428: AN ORDINANCE AMENDING ZONING ORDINANCE NO 1710 OF THE CITY -OF PARIS, PARIS, 'TEXAS, r— AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A GENERAL RETAIL DISTRICT (GR) AND A SPECIFIC USE PERMIT, COMMERCIAL AMUSEMENT, INDOORS (10), ON LOT 1, CITY BLOCK 270, ON PROPERTY BELONGING TO MACK JONES, JR., SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A GENERAL RETAIL DISTRICT (GR); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) AND SPECIFIC USE PERMIT, COMMERCIAL AMUSEMENT, INDOORS (10), SO ESTABLISHED. was presented. A motion was made by Councilman Williams, seconded by Councilman Fisher for adoption of the ordinance. Motion carried.6 ayes, 0 nays. Mayor Malone declared the public hearing open'on the petition: of Harrison & _ Wal' -er for a change in zoning from 'an Agricultural District. to a Light Industrial District on part of Lot 15, City Block 170a -A located on the_ northwest corner of U. S. Highway 24 and Loop 286 S. W. Mayor Yialone called for proponents to appear and none appeared. Mayor Malone called for opponents to appear and none appeared, and the public g hearing was declared closed. ORDINANCE NO. 2429: AN ORDINANCE AMENDING ZONING ORDINANCE NO, 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; OF LOT 15, CITY BLOCK 170A, ON PROPERTY BELONGING TO HARRISON, WALKER AND HARPER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); AND DESIGNATING THE BOUNDARIES OF THE LIGHT INDUSTRIAL DISTRICT.(LI) SO ESTABLISHED. was presented. A motion was made by Councilman Williams, seconded by Councilman Burnett for adoption of the Ordinance. Motion carried 6 ayes, 0 nays. Replat of Lots 4 and 5, City Block C, North Park. Estates No. I was presented for the Council's con ^'_deration. After discussion a motion was made by Councilman Wunsch, seconded by Councilman Burnett for approval of the rep lat. Motion carried 6 ayes, 0 nays. Ci:.y Attorney Haynes presented the following petitions for rezoning: John Hutchings, Lot 15, City Block 296 from Single Family 2 District to General Retail District. Jerome Wright, part of Lot 29, City Block 249 from General Retail District, to General Retail and Specific Use Permit -Auto Laundry. Mayor Malone referred the petition to the Planning and Zoning Commission for their study and recommendation and called for a public heating at the next regular Council sheeting. Resolution No.. 1914 refering the Planning and Zoning Commission for their consideration and recommendation Agricultural property in the Southwest part of the City to be rezoned for Industrial uses and calling for a public hearing on the same for the next regular council meeting was presented. A motion was made by Councilman Fisher, seconded by Councilman Williams for adoption of the Resolution. Motion carried 6 ayes, 0 nays. RESOLUTION NO. 1914 WHEREAS, the City Council of the City of Paris has recently made application for grant funds to Extend Industrial Water Service to Southwest Paris; ands WHEREAS, the affected property described on Exhibit A attached hereto and owned by the property owners listed on Exhibit B attached hereto has the temporary zoning classification of Agricultural; and, WHEREAS, said properties highest and best future use is for Industrial uses; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Southwest Paris property; as the same appears on Exhibit A attached hereto, be, and the same is,.hereby referred to the Planning and Zoning Commission of the City of Paris.for its recommendations concerning the proper industrial zoning of the same; and, BE IT FURTHER RESOLVED, That a public hearing be held before the'Planning and Zoning Commission concerning said property at 7:00 o'clock P. M. in the City Council Room, City Hall, Paris, Texas, on the 5th day.of February, 1979, and that a public hearing be held before the City Council of the City of Paris, at.7:00 o'clock P. M., in the City Council Room, City Hall, Paris, Texas on the 12th day of February, 1979. Passed and adopted this 8th day of January, 1979. f 46hael E. Malone, Mayor ATTEST: j t H. C. Green 6, City Clerk APPROVED AS TO FORM: e 39/ Situated within the Corporate Limits of the. City of Paris, Lamar County, Texas; BEGINNING at the intersection of the South West Right of Way Line of Loop 286 S. W. with South Right of Way Line of the Texas and Pacific Railroad; THENCE Easterly with the South Right of Way Line of the Texas and Pacific Railroad to. its intersection with the East Right of Way Line of 19th S. W.' (F. M. Highway No. 137); THENCE Southerly with the East Right of Way Line of 19th S. W.. approximately 2, 250. feet to its intersection with. the North West Right of .Way Line of Loop. 286 S. W. THENCE with the North West Right of Way Line ' of Loop 286 S. W. the following: S 1° 10' E, a distance of 127. 9, feet to a point; S 43 ° 08' E, 400 feet to a. point; S 39 0,18 E, 20 feet to a point; THENCE N 66° 17' E, a distance of 390.2 feet to a point; THENCE N 76° E a distance of 1953.3 feet to a point; THENCE N 56 51' E, a distance of 1449 feet to. a point; THENCE North a distance of 761 feet to a point in the . South Right .of Way Line of the Texas and Pacific Railroad; THENCE Easterly with the South Right of Way Line of the Texas and Pacific Railroad approximately, 1650 feet to a point; THENCE South a distance of approximately 1, 850 .feet to 'a point in the North Line of Lot 3, City Block 172; THENCE East with the North Line of Lot 3, City Block 172,. approximately 2900 feet to the West Right of Way Line -of 4th S. W. ; THENCE continuing East with the extension of the North Line of said Lot 3, City Block 172, a. distance of approximately 1530. feet to a point in the West Line of Lot 3, City Block 170A; THENCE South with the West Line of Lot 3, City Block 170A, approximately 265 - feet. to the North West Corner of Lot .4, City Block 170A THENCE continuing South with the West Line of said Lot 4, City Block 170A, a distance of 317.25 .feet to its South West Corner; THENCE East with the South Line of said Lot 4, a distance of 30 feet to the North West Corner of Lot 8, City Block 170A; THENCE South with the West Line of said Lot 8, a distance of 208.7 feet to the North East Corner of Lot 9A, City Block 170A; THENCE West with the North. Line of said Lot 9A, a distance of 630.5 feet to its North West Corner; THENCE South Easterly with the West Line of said Lot 9A, a distance of 587.4 feet to a point; THENCE South with the iWest Line of said Lot 9A, a distance of 322 feet to a point; THENCE South Westerly with the West Line of said Lot 9A, a distance of 230 feet to its South West Corner; THENCE South Easterly with the South Line of said Lot 9A, a distance of 181. feet to the South West Corner of Lot 11, City Block 170A; THENCE South Westerly parallel with and 236 feet West of the West Right of Way Line of State Highway No. 24, a distance of approximately 1249 feet to the North Line of Lot 15, City Block 170A; THENCE West with the North Line of said Lot: 15, a- distance - of = approximately 1398 feet to the East Right of. Way Line of 7th S. W. ; EXHIBIT A 3S- 39L) LOT BLOCK OWNER ADDRESS 2 170 -A Bessie L. Haynes et al 610 Fitzhugh 12 170 -A J.V. Cunningham Route 4 13 170 -A Dr. Don Riddle. Route 5 2 &3 172 John Porter P.O. Box 218 Krum;Tex. 76249 ^; 172 City of Paris P.O. Box 1037 5 172 V.A. Nicholson 1651 S. Church 1 338 Jack Smith .240 W. Washington 2 338 Travis Grayson &_Claud Shar..rock 430 34th N.E. 1 339 Lattimore Industries, Inc. Rowe 4, Box 15M 1 334 Paymore, Inc. 446 Fitzhugh = 4 334 Texas Power & Light Co. P.O. Box 6331 Dallas, Texas 7.5222 5 334 V.A. Nicholson 1651 S. Church r 6 &7 334 John Porter P.O. Box 213 Krum, Tex: 76249 .1 337 Hattie Greenwood Route 4 2 337 V.A. Nicholson 1651 S. Church 3 &4 337 John Porter : P:O. Box 218 Krum, Tex. 76249 �1 336 Hattie Greenwood Route 4 - 2 336 Jack Smith 240.11. Washington 1 .335 Hattie Greenwood Route 4 I -A 335 T.41. Greenwood' Route 4, Box. 15_ 2 335 Jack Smith -240 W. Washington I 343 James.D. Fox Route 5, Box 319 -A -2 343 Virgil McFadden Route 3, Box 160 -A 3 343 James R. Burch.. 2240 Briarwood 4 343 Roy E. Pinegar 6642 Dunmore Av. Citrus Fits. Ca. 75610 1 345 Owen C. Wright Sr. 1935 4th S.E. Moultrie, Ga. 31768 2 345 D.C. Hatcher Route 5 - 3 345 Reeder, Scarborough & Hodges 2140 Simpson Mayor Malone announced that consideration would be given to recommendations of the Traffic Commission. On the recommendation of the Traffic Commission for approval of the First Baptist Church request for a No Parking Zone.and a Loading- Unloading Zahe on west side of 3rd Street, S. E. behind the First Baptist Church. A motion was made by Councilman Fisher, seconded by Councilman Burnett authorizing the preparation of an Ordinance on the request. Motion carried 6 ayes, 0 nays. On the recommendation of the Traffic Commission that stop signs be placed on the following streets: 10th N. E. from the north; 12th N. E. from the north;, 13th N. E. from the south; 14th N. E. from the north; .15th N. E. from the south; 19th N. E. from the north; a motion was. made by Councilman Burnett, seconded by Councilman Wunsch authorizing the preparation of an Ordinance covering the recommendation. Motion carried 6 ayes, 0 nays. t .. Mayor Malone announced that consideration would-be given-to recommendations by the Building Commmission for changes to Subdivision regulations. Joe McCollum Director of Community Development, and Ennis_ E.illingswor.th, Director of Public Works appeared before the Council discussion the recommended changes. Discussion was had on a proposal -not recommended by the Building Commission— that street base be extended to a point not less than one foot back of curbs. Mr. Killingsworth recommended that the street base be extended to a point not less than one foot back of curb. After discussion, a motion was made by Councilman Burnett, seconded by Councilman Fisher, authorizing the preparation , of an Ordinance encompassing the proposed amendment including street base to be extended to a point not less than one foot back of curb. Motion carried 6 ayes, 0 nays. The City Manager presented a request from Jenni Randle for water service out- side the city limits at approximately 3930 Lamar Ave. After discussion, a motion was made by Councilman Williams, seconded by Councilman Wunsch approv- ing the request subject to the property meeting subdivision regulations. Motion carried 6 ayes, 0 nays. Mr. Robert Hayter representing Hayter Engineering Inc., Consulting Engineers for the Paris Infiltration- Inflow Study appeared before the Council and presented Volume I - Inflow Study. Included in Mr. Hayter's report was an estimated project cost to the City of Paris Sanitary Sewer System to reduce wet flows from 58.25 million gallons 'daily to 13.62 million gallons daily, in the amount of $6,830,423.00. Mayor Malone announced that no action was necessary concerning the report from Mr. Hayter. - Resolution No. 1915 authorizing and directing the City-Manager to execute a lease agreement with James M. Wrenn for the main hanger at Cox Field was presented. Motion was made by Councilman Wunsch, seconded by Councilman Williams for adoption of the Resolution. Motion carried 6 ayes, 0 nays. �70 + RESOLUTION NO. 1915 WHEREAS, the City Council of the City of Paris is desirous of encouraging aeronautical activities at its municipal airport, Cox Field; and, WHEREAS, James M. Wrenn, Jr., a tenant at said Cox Field for many years, is desirous of providing aircraft engine and accessory maintenance service at Cox Field, and in order to do so he desires to lease -the main hangar owned by the City of Paris at Cox Field, upon the terms and conditions as shown in Exhibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Manager of the .City of. Paris, .Robert W. Sokoll, be -and he is hereby authorized and directed to execute on. behalf of the City of Paris, the lease agreement with James M. Wrenn, Jr. , upon the terms and conditions " and in the form shown in Exhibit A attached hereto. Passed and adopted this 8th day of January, I979. Michael E. Malone, yor ATTEST: . A APPROVE AS TO FORM: T. Haynes, City At f LEASE AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE-PRESENTS: COUNTY OF LAMAR LEASE AGREEMENT BETWEEN THE CITY OF PARIS, a municipal corporation, acting by and through its City Manager, ROBERT W. SOKOLL, duty authorized, hereinafter referred to as Lessor, and JAMES M. WRENN, JR.", of Lamar County, Texas, hereinafter referred to as Lessee, WITNESSETH: For and in consideration of the payment of monthly rental; due on or before the 1st day o€ each month, to the CITY OF PARIS, a municipal corporation, as follows: $300.00 per month, - which includes utilities, for the month of January, 1979, and each month thereafter, ,. so long as the CITY OF PARIS retains use of operations office; pilots' lounge and restrooms, with the monthly rental being increased to $325.00, plus utilities, at the time that the City vacates the operations office, pilots' lounge and - restrooms, said CITY OF PARIS does. hereby lease, rent and let unto JAMES M.. WRENN, JR. that portion of Cox Field property known as the main hangar` and described on Exhibit A attached hereto and made a part hereof for all legal purposes. 4. . The term of this lease is for ten (10) years-, beginning on the 1st day of January, 1979, and ending on the 31st day of December, 1988. IN CONSIDERATION HEREOF, it- is mutually agreed by and be- tween Lessor and Lessee: 1. That Lessee pay to Lessor, or order, at the City Hall in the City of Paris, the agreed rental in advance, promptly and without neglect, default or delay. 2. That this lease is subject to all the terms, provisions and conditions of the deed of conveyance of such premises from -the EXHIBIT A United States of America to the City of Paris, recorded in Book 308, Page 287, Deed Records of Lamar County, Texas, to which reference is made for all purposes. 3. That Lessee, his successors or assigns, agrees that in the event facilities are constructed, maintained, or otherwise oper- ated on the said property described in this lease for a purpose for which a Department of Transportation program or activity i.s extended or for another, purpose involving ' the provision of similar services or benefits,, the Lessee shall maintain and operate such facilities. ana services in compliance with all other requirements imposed pursuant ..to Title 49, Code. of Federal .Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in '. :. Federally- assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of .1964, and as said Regulations may be amended„ 40 That Lessee, his successors or assigns, agrees that (1) no person on the grounds -of race,. color or _ national origin shall 'be excluded from participation in, denied the benefits of, or be other- wise subjected to discrimination in the use of said facilities., . (2) that in the construction of any improvements on, over, or - under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin, -shall be excluded from par- ticipation in, denied. the benefits of, or otherwise be subjected to discrimination, (3) that the Lessee shall use the premises in com- pliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -- assisted programs of the Department of Transportation- - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 5. That Lessee shall comply with all conditions and require - ments established in Department of Transportation, Federal Aviation Administration, Grant Agreements No. 8-48-0169-02 and No. 6-48-0169-03. 6. That Lessee will abide by and comply with all rules, regu- lations, ordinances- and laws pertaining to the use of the airport lo- cated at Cox Field, including but. not limited to 'the City of Paris Airport Manual and Federal Aviation Administration rules and regula- r tions pertaining to Cox -Field, and in addition. thereto will abide -by and comply with all ordinances of the City of Paris and -all laws of the State of Texas governing citizens and property within.the City of Paris. 7.. That Lessee will use such premises for aeronautical ac- tivities for. which he holds a permit issued by the City of Paris. in accordance- with Article II of Chapter 6 of the Code of Ordinances of the City of Paris. 8. That Lessee will permit those persons having rental agreements with the CITY OF PARIS for hangar space in the main hangar being herein leased to continue in said hangar at the same monthly rental until the end of the month in which the new T- hangars are authorized for occupancy; Lessee being entitled to said monthly . hangar space rental from and after January 1, 1979. 9. That Lessee will take good care of the. leased premises and be responsible and make good to Lessor all injuries and damages to the same caused by Lessee or those under him and will re- deliver same to Lessor at the expiration or termination of this lease in as good condition as when received, usual wear and tear alone excepted; and Lessee will, upon the expiration of this lease, peaceably yield up to Lessor all and singular the premises and all future erections, additions or repairs to or upon same, in good repair, including but not limited to main hangar building, permanent installation of equip- ment and fixtures. - 10. That all additions or improvements made upon the said premises by Lessee, or at his instance or request, shall at once become the property of Lessor and shall be surrendered -to Lessor at the termination or expiration of this lease; except that in those instances wherein it is specifically provided for ownership to re- main in Lessee. 11. That it shall be lawful for Lessor's Airport Manager to enter upon and into the leased premises and every part thereof at r all times for the purpose of inspecting and. examining the condition 3 thereof. .12. That Lessee will ,not assign this lease or sublet the leased premises or any part thereof without the written consent of Lessor first had and obtained. 13. That Lessee agrees to indemnify, save, keep and hold harmless Lessor from and against any and all demands, debts, lia- abilities, suits, claims and causes of action of every kind and character whatsoever for damage or injuries to persons and /or ,-property occurring on the leased premises resulting from Lessee's, his invitees, agents, servants or employees' use, and Lessor shall not be liable to Lessee, his invitees, agents, servants, employees or visitors due to the .improvements located thereon, or hereafter constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair, Lessee hereby waiving any defects therein and agrees to_ hold and save Lessor harmless from all claims for any such damages or injuries, -- and Lessee must at all times during the term of this agreement, and any extensions thereof, keep and maintain in full force and effect a policy or policies of insurance,- providing at least $100, 000.00 per person and $300, 000.00 for any single occurrence for bodily injury or death and $10, 000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of Lessee, his invitees, agents, servants or employees, and shall pay all premiums due thereon.-when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, subject to approval by the. City Attorney of the City of Paris, and Lessee or his insurance carrier or carriers shall deliver r a copy of any such policies to the City Clerk, of the City of Paris, or furnish to said -City Clerk a current letter or certificate -from. such company or companies, evidencing the fact that such insurance is . in full force and effect` at all times during this lease and any exten- sion thereof. U. Lessee will not rent the premises or any part thereof for aircraft storage unless a permit under Article II, Chapter 6, of the Code of Ordinances of the City of Paris, has been issued to him for that specific_ purpose. 15. That Lessee will not use or permit the use of said pre- mises or any part thereof for any purpose which is determined dan- gerous or hazardous to the airport operation by the Airport Manager.` 16. That Lessee_ must provide aircraft engine and accessory maintenance. services aty Cox Field throughout the term of this lease, or any extension hereof, and this lease is specifically conditioned upon that service being provided by Lessee, and in the event that said ser - vice terminates, then Lessee .is in default. U. Should Lessee default in, or fail or refuse to keep any of the covenants,. conditions, stipulations, and /or provisions herein con- tained, notice thereof shall be given in writing to Lessee by Lessor's Airport Manager, giving Lessee thirty (30) days to correct such discrepancy, and in the event such default, failure or refusal is not corrected within said thirty day period a second notice in writing by certified mail, affording a hearing before the Airport Advisory Board on a day certain, shall be given to Lessee by Lessor's Airport . Manager. After affording Lessee such hearing the Airport Advisory Board shall recommend to the City Council that the lease continue or be terminated, and thereafter the City Council shall take such action as it deems necessary. .18. That the City may at its option terminate this lease as.to the entire hangar building, or any part thereof, which may be necessary, in the event the City desires to use the property, or any portion thereof, for necessary municipal functions, such as extension of runways or erection of other airport facilities. In the event of t either of the above contingencies the City. shall give the Lessee ninety(90)days notice .in writing of its intention to utilize the build - ing or any part thereof. In the event this option is exercised by the City, all rental payments collected under this lease shall be .refunded fo Lessee, and Lessee shall be paid his costs of any improvements authorized by the City of Paris and made to said building. 19. In the event Lessee shall keep each and every agreement contained herein and do and perform all the obligations required of _ Lessee hereunder during the term of this . tease, an option is hereby given and granted to Lessee to renew and extend this lease for an additional period of five (5) years from and after the expiration of - this agreement at a rental rate to be negotiated at that time, and in the event Lessee shall keep each and every agreement contained herein and do and perform all of the obligations required of Lessee hereunder during the term of this lease and exercise his option for an additional five year period and keeps each and every agreement 40:; contained herein and do and perform all of the obligations required of Lessee hereunder during said first five year option period, then and only in that event an option is given and granted to Lessee to renew and extend this lease for an additional period of five (5) years from and after the expiration of said first five year option period at a rental rate- to be negotiated at that time; each of the 40�J­ STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally, appeared ROBERT W. SOKOLL, City Manager of the City of Paris, known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the ca- pacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of January, 1979. _ Notary Public, Lamar County, Texas STATE OF TEXAS :. COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared JAMES M. WRENN, JR. , 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 i therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of January, 1979. 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F- _ ._ i�t-sta MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL January 22, 1979 The Special Council meeting of the City of Paris was held Monday, January 22, 1979 at 7:00 P. M. Mayor Malone called the meeting to order with the following Councilmen present: B. J. Burnett, Walter F. Williams, David Philley, George Fisher, Jr., Jim Farris, Raymond Wunsch. Also present were City Manager Sokoll, City Clerk, H. C. Greene, and City Attorney, T. K. Haynes. Mayor Malone announced that the Special Council meeting was called for the purpose of reviewing and awarding bids for the installation of pumps and motors at the Water Treatment Plant. Mr: Carl Shimek of the Consulting Firm of Shimek, Jacobs,& Finklea, engaged . for the preparation of .design and specifications for the pumps and motors and the other necessary equipment, appeared before the Council and presented the follow- ing tabulation of bids received at a bid opening Wednesday, January 17, 1979, 10:00 A. It. Mechanical Services, Inca $174,165.00 Power Builders 186,420.00 Contract Builders 215,000.00 Cole-- Smithen Construction Co. 265,775.00 Mr. Shimek recommended that the low bid of the Mechanical Services, Inc. headquartered at Atoka, Oklahoma in the amount of $174,165.00 be approved. Mr. Shimek stated that he had called for and received and had reviewed the financial statement of the firm and that they were financially capable of executing thecontract. After discussion Resolution No. 1916 authorizing and directing the City Manager to execute a contract with Mechanical Services, Inc. for furnishing all labor, material, and equipment and performing all work required for the installa- tion of two high service pumps in the amount of $174,165.00 was presented. A motion was made by Councilman Fisher, seconded by Councilman Farris for adoption of the Resolution. Motion carried 6 ayes, 1 nay. Mayor Malone voting nay. ti 4.`.,,, On an agenda item concerning consideration of an Ordinance revising the Plumbing Code, it was recommended by the City Attorney that the item be tabled. A motion was made by Councilman Burnett, seconded by Councilman Wunsch approving the request of the City Attorney. Motion.carried 6 ayes, O nays. City Manager Sokoll advised that he had been requested to place on the agenda consideration of an appointment of an alternate Municipal Judge. After discussion, a motion was made by Councilman Wunsch, seconded -by Councilman Farris to table the request and that the item be scheduled for discussion at a future budget workshop. Motion carried 6.ayes, 0 nays. City Manager Sokoll requested that the Council schedule a Special meeting for the purpose of awarding the bid for installation of pumps and motors at the Water Treatment Plant,.and recommended that January -22nd 7:00 F.M. be set. A motion was,made by,Councilman Burnett, seconded by Councilman Williams approving the recommendation of the City Manager. Motion carried 6 ayes, 0 nays. City Manager Sokoll requested authorization to advertise for bids for bank depository contract for a two year period beginning March 1, 1979. A motion was made by Councilman Farris, seconded by Councilman Fisher approving the request of the City Manager. Motion carried 6 ayes, 0 nays. . Mayor Malone announced that the City Council would go into Executive Session and declared the regular session closed, and the executive session open. The City Attorney discussed legal matters with the City Council. Mayor Malone declared the Executive Session closed and the regular session open, and announced that no action was necessary concerning matters discussed in the Executive Session. There being no further business, the meeting adjourned. MICHAEL E. MALONE, MAYOR ATTEST: H. C. GREENE, CITY CLERK �W.& 0 RESOLUTION NO. 1916 . WHEREAS, the City Council of the -City of Paris, did at its regular meeting on December 11, 1978, approve the advertisement for bids for furnishing all labor, material and equipment, and per- forming all work - required for the installation of two high service pumps with 600 HP motors, valves, piping and related improve-. ments at the City of Paris' Water Treatment Plant, which bids were received until 10:00 A. M., Wednesday, January 17,1979; and, WHEREAS, the best bid for said project, in the amount of $174,165.00, was made by Mechanical Services, Inc. , *of Atoka, Oklahoma, and it should be awarded the contract for said project; and, WHEREAS, the form of the contract for such project is attached hereto as Exhibit A; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That 'the bid- of Mechanical Services,. Inc., for furnish - ing all labor, material and equipment, and performing all, work re- quired for the installation of two high service pumps with 600 HP inotors, valves, piping and related improvements at the City of Paris' Water Treatment Plant, in the amount of $174,165.00, Is hereby accepted and let, conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, That the City Manager of the City of Paris, Robert - W. Sokoll, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the said contract, in the form shown in Exhibit A attached hereto, with Mechanical Services, Inc. Passed and adopted this 22nd day of January, 1979. APPROVED TO FORM: T. K. aynes-, City Attorney Exhibit is in contract file ,a ..4.r Discussion.was had by Director of Public Works, Ennis Killingsworth and City Attorney, T. K. Haynes on right of way and easement procurement and condemnation proceedures associated with the Northeast and Northwest drainage project now -- under way with the design and specifications now being prepared by Consulting Engineering Firm. Mayor Malone advised that no action would be necessary at this time. Mayor Malone appointed a Council Committee to meet with Lamar County Water Supply District Representives to discuss legal matters composed of Council- man Burnett, Councilman Farris, and Mayor Malone. City Manager Sokoll presented a request.from Freese and Nichols Inc. that the City accept designation as the 208 Facility Management Agency in accordance with the Federal Water Pollution Control Act. Resolution No. 1917 resolving that the City of Paris, a Municipal Corporation, , body politic, does hereby agree to accept appointment As the management agency for waste water related projects within the confines of the city limits of the City of Paris as shown on Exhibit A attached hereby and made a and to carry out its responsibilities in such area; and, that ther City roffParis will cooperate in the planning and management of Segment 202 of the Red River Study area described in Exhibit B attached hereto and made of part.hereof. A motion was made by Councilman Wunsch, seconded by Councilman Farris for adoption of the Resolution. Motion carried 7 ayes, 0 nays. RESOLUTION NO. 1917 WHEREAS, the City Council of the City of Paris is cognizant of the authority of the Governor of the State of Texas under the Federal Water Pollution Control Act, as amended, to designate man- agement agencies within 208 Planning Areas developed under Section 208 (b) of said Act; and, WHEREAS, a designated management agency must have au- thority, in order to carry out its duties and responsibilities under the Act; and, WHEREAS, the City of Paris must indicate its. willingness to be responsible for wastewater treatment within its area of manage- ment before it can be designated `as a management agency;, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City of Paris, a municipal corporation, body politic, does hereby agree to accept appointment as the management agency for wastewater related projects within the confines of the city Limits of the City of Paris as shown on Exhibit A attached hereto and made - a part hereof, and to carry out its responsibilities in such area; and., BE IT FURTHER" RESOLVED, That the City of Paris will cooperate in the planning and management of Segment 202 of the Red River Study Area described in Exhibit B attached hereto and made a part hereof. Passed and adopted this 22nd day of January, 1979. ` Michael E.. Malone, Mayor ATTEST: H. C. re ne, City Clerk APPROVED TO FORM: T. K. Haynes, City' Attorney City Manager Sokoll presented a request from the Dean Sign Company for a lease on City owned property for the purpose of installation of a directional sign for Foxworth Galbraith Lumber Company. Resolution No. 1918 authorizing the City Manager to entet into advertising Sign Space Agreement with the Dean Sign Company was presented. A motion was made by Councilman Burnett, seconded by Councilman Fisher, for adoption of the Resolution. Motion carried 6 ayes, 1 nay. Councilman Philley voting nay: 47 RESOLUTION NO. 1918 WHEREAS, the City Council of the City of Paris has been requested to lease a sign location in Lot 6, Block 276,. City of Paris, in order that Dean Sign Company can place an outdoor advertising sign for the benefit of Foxworth -Galbraith Lumber Company; and, WHEREAS, Dean Sign Company proposes the _form of contract attached hereto as Exhibit A; and, DEAN SIGN CO. ADVERTISING SIGN SPACE AGREEMENT NO 006 - Faris, Texas city Paris, Texas _ Dot January. 22 t979 Forty Dollars year, pa able_ annually in advance. the In consideration of per y undersigned. lessor, do hereby lease and grant to Dean Siga Company, and im assigns,. lessees, the following premises and privileges to -wit: The exclusive right to use for advertising purposes, with free access to and from same, all of a following described property: Lot 6, City Block 276, City of Paris and running . thru to Loop 24 on North. Locatonvr one Butletin (Sin - Paris 754 d Texas. for a teen of five years city of State of W. 1st day of February l9 - front the _ yY sam EVES the TTRi5 E DRESSLY of ED THAT THE LESSOR MAY ORDER Irate HB ADVERTISING SIGNS REMOVED AT ANY TIME BY GIVING s THE LESSEE 30 DAYS' NOTICE IN WRITING, in the cast the lessor sells the premises. (except sales to Federal: State or other political subdivisions pursuant m eminent domain, authority) or Improves same by rrecriag a 6uildingc om �idp r,m of and upon °t of its bo rds� of said eels oI- improvement thereon, the lessor shall refund to the base*. the rent paid in advance. pro rata, E Should the view of the boards become in any way obstructed. or the free use of the property by the lessee be denied by law, the lesser may term Ewe this lease and the lessor shall refund to the less&* the rent paid in advance pro rata for the unexpired term above mentioned. All s +gns and improvements less* hall placed on the premises under this lease shall always remain th. property of the lesxr_a�ndE may be m(o!yc�d{ pbpy�7iyy •aO AGREESdTO- PAY ANY AND eALL refund to die rmr paid in advance. pry rata, from the time of the removal of its boards. R ER19- RSCRIDED. It it specifically agreed that no TAXES ASSESSED AGAINST' THEIR ADVERTISING STRUCTURES obS Ot THE PROPER A otter advertising structure will be ereeted on this property these will obstruct the view or impair the valus of this location. Lessee shall protect and save harmless Lessor from all damage to persons or property by reason of accidents. resulting from the neulerc•or willful_ acts of its agents, employees, of workmen in the eonsrrueeion. maintenance. repair. or removal of its stg+is on'the property... .. .. _ Tt is expressly understood that Dean .Sign Company is not bound. by any stipuu laona, representations or: promises nor. written oz. :_ w City Attorney Haynes presented a petition from J. W. Harrison for rezoning of Lot 1, 2, & 3, Block S,.Brookside addition from single Family District N'o. 2 to 2F District. Mayor Malone referred the petition to the Planning . and-Zoning Commission for their study and recommendation and call for a public hearing at the next regular Council meeting. Mayor Malone announced that the Council would go into Executive Session and the regular session was declared closed, and the Executive Session: open. Mr. E. D. Schubel representing the Frisco Railroad appeared before the Council and discussed contractual and construction of-drainage structures under the railroad tract in the northwest drainage project. Mr. Schubel suggested that bridges be constructed under the railroad tract rather than the box structures as shown in engineering plans and specifications, and advised that construction of bridges could meet the time frame of the project. r Fire Chief Guilliams appeared before the .Council and discussed personnel tatters. The City Staff discussed the Reno Sanitary Sewer Contract." Mayor Malone declared the Executive Session closed and the regular session open. There being no further business, the meeting adjourned. _MICHAEL E. MALONEY MAYOR ATTEST: February 5, 1979 The Special Council meeting of the City of Paris was held Monday, February 5, 1979 at 5:15 P.M. Mayor Malone called the meeting to order with the following Councilmen present: B. J. Burnett, Walter F. Williams, David Philley, George Fisher, Jr., Jim Farris, Raymond Wunsch. Also present were City Manager R. W. Sokoll, H. -C. Greene, City Clerk, City Attorney, T. K. Haynes. City Attorney Haynes advised the Council of the necessity of prgceeding with condemnation proceedures for right of way easement associated with the North - side drainage project, and recommended that the Council consider a Resolution authorizing condemnation proceedures to proceed. Resolution No. 1919 authorizing the City Attorney to proceed to condemn property owned by Central Manufacturing Company to be used for improvement for the Northside drainage project was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Resolution. Motion carried 7 ayes, 0 nays. RESOLUTION NO. 191.9 WHEREAS, the City Council of the City of Paris has undertaken a project of easement acquisition for the Northside drainage project; and, WHEREAS, the utility and drainage easement hereinafter described in one (1) parcel, with the owner shown immediately after, is- necessary for such project; said parcel being as follows: BEING a strip of land within the corporate limits of the City of Paris and the Reddin Russell Survey Abstract No. 786, Lamar County, Texas, and being a part of a 5.18 acre tract of land conveyed Central Hide & Render- ing Company be deed recorded in Volume 294, Page 127, Deed Records, Lamar County, Texas, and being more particularly described and located as follows: BEGINNING at a point on the west line.of said 5.18 acre tract and the east line of.a 64.82 acre tract, the Ninth Tract recorded in Volume 365, Page 195, Deed Records, Lamar County, Texas, and on the south line of an ease - ment conveyed the State of Texas and.recorded in Volume 354, Page 3, Deed.` Records, Lamar County, Texas, and the Place of Beginning; " THENCE South 23 Deg. 36 Min. 00" West along said west and east line, 13.57.. feet to a point on the south line of said strip of land herein described;. THENCE South 87.Deg. 19 Min. 00" East along said south line, 43.10 feet to a point on the north line of said strip of land herein described and the «P south line of said easement; THENCE North 68 Deg. 59 Min. 00" West along said north and south line, 40.3 feet to the Place of Beginning. Containing 0.006 acres, more or less. and is owned by Central Manufacturing Company; and, WHEREAS, the City Council finds that the above described easement is necessary for said improvement project and that the same should be condemned; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Attorney, T. K. Haynes, be, and he is hereby authorized and directed to proceed to condemn the above described property to be used for improvement for.the North- side drainage project. - Passed and adopted this 5th day of February, 1979.. APPROVED AS FORM: T. K. Haynes, City Attorney 1 City Manager Sokoll• advised the Council of a request from the City of Reno for the purchase od treated water from the City of Paris.. He advised also - that in a meeting with the Lamar County Water Supply Board that the Board had indicated a willingness to amend a contract with the City of Paris which restricted the City of Paris to serving water only within the city limits. Hayar Malone called for discussion on residential garbage collection and on residential trash collection as now provided by the City of Paris. Mayor Malone advised the Council as chairman of the committee appointed to study the situation that the committee had met several times and had difficulty in arriving at a unanimous recommendation, therefore, the reason for presentation. to the Council at this time. City Manager Sokoll presented cost estimates for twice a month trash pick up and landfill operation by the City and as well as a cost estimate for contract_. ing the landfill at twice a month pick up. Other cost estimates of.various options for the service were provided the-council. _ Mr. Ken Kohls appeared before the .Council stating that residences needed twice a week pick up, and recommended that the City Council set a date.for final decision on the question. After considerable discussion, Councilman Williams made a move to table the subject, the motion died for lack of a second. A motion was made by Councilman Burnett. to table the subject and call for two ` public hearings for discussion of the garbage collection and trash pick up within the City, such dates for the public hearing to be at the regular Council meeting February 12, 1979, and a special called meeting for February 15, 1979. The motion was seconded by Councilman Williams, and carried 4 ayes, 3 nays. Councilman Philley, Councilman Farris, and Councilman Wunsch voting nay. There being no further business, the meeting adjourned. MICHAEL E. PLALO -IM, MAYOR ATTEST: H. C. GREENE, CITY CLERK 4 2.1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL _ February..12, 1979 The Regular meeting-of the City Council of the City of Paris was held Monday, February 12, 1979 at 7:00 P.M. Mayor Malone called the meeting to order with the following Councilmen present. B. J. Burnett, Raymond Wunsch, Walter F. Williams, George Fisher, Jr. �-:im Farris, David Philley. Also present were City Manager, Robert W. Sokoll, City Clerk, H. C. Greene, and City Attorney, T. K. Haynes. Prayer was offered by Rev. Jimmy D. Newman. Mayor Malone ask if there were any corrections to the minutes of previous meetings furnished to the Council members. There being none, the minutes were approved. Mayor Malone announced that the first order of business would be consideration of recommendations made by the Planning and Zoning Corimission. Mayor Malone declared the public hearing open on the petition of John Hutchings for a change in zoning from a One Family Dwelling District No. 2 (SF-2) to a General Retail District (GR) on Lot 15, City Block 296, located at 3315 Lamar Avenue. Mayor Malone called for proponents to appear and Mr. John Hutchings appeared in his behalf stating that a ladies dress shop was proposed for the property in question. Mayor Malone called for opponents to appear and Mr. Anthony Athas appeared before the Council stating that noise, lights, and other nuisances woulA invade the residential area. Mr. Glenn Edwards appeared before the Council in opposition stating that among other things there were no need for spot zoning in this area. Mayor Malone declared the public hearing closed. A motion was made by Councilman Wunsch, seconded by Councilman Fisher to deny the requested zoning. Motion carried 7 ayes, 0 nays. Mayor Malone declared the public hearing open on the petition of Jerome Wright for a change in zoning from a General Retail District to a General Retail District and Specific Use Permit - Auto Laundry on part of Lot 29, City Block 249, located on the north side of Clarksville Street east of Gibson's Store. Mayor Malone called for proponents to appear and Mr. Jerome Wright appeared stating that an Auto Car Wash was proposed for the property upon questioning Mr. Wright stated that access to the property was by 50 foot easement batty -n the Pizza Property and the Cinema Theatre property. Mayor Malone called for opponents to appear and none appeared, and the public hearing was declared closed. A motion was made by Councilman Wunsch, seconded by Councilman Williams to approve the zoning change. Motion carried 7 ayes 0 Nays. ORDINANCE NO. 2430 AN OrOINANCE A1,1ENDING ZONING ORDINANCE TO. 1710 OF THE CITY OF PARIS., PARIS, TEXAS, AND C T1A;,T,GING THE BOUNDARIES FSTABLISIHED BY THE ZOidING MAP OF SAID CITY; ESTASLIS11ING A GENERAL REV"_IL DISTRICT (G'_2) AND A SPECIFIC USE PERMIT, AUTO LAUNDRY (3) ON A PART OF LOT 29, CITY BLOCK 249, Old PROPERTY BELONG:ENG TO LOUIS IVOLEYS 4 E?. 7UN- BEASLE',Y CO., SO AS TO I CLUDE THEREIN TERRITORY FORM- ERLY DESIGNATED AS A GENERAL RETAIL DISTRICT (GR); AND DESIGNATING THE BOU:0 -- A2,IES '0 THE GENPERAL RETAIL DISTRICT (GR) AND SPECIFIC USE PERPRIT AUTO LAU109Y (3) , SO ES ABLIS =. was presented. A motion was made by Councilman Wunsch, seconded by Council—:1 Williarl.s for adeptio t of the Ordinance. Motion carried 7 ayes, 0 nays. Mayor Malone declared the public hearing open on the petition of J. W. Harrison for a change in zoning from a One Family Dwelling District No. 2 to a two Family lhuclling District on Lots 1, 2, and 3, City Block 5, Brookside Addition located on the south side of Culbertson Street between 25th S. E. and 25th S.E. Mayor 2ta?o^e called for proponents to appear and none appeared. Mayor Malone caked for opponents to appear and Mr. Freddie Davis, 2520 Culbert- son Street appeared before the Council stating that he was spokesman for several ne= .ghi'oors, and produced a petition signed by fifteen residences and stated that they were inside the 200 feet limit opposing the zoning c,^anga. Mr. Davis further stated that t'2e neighbors would like to keep home owners '_n the area and teat :ae considered spot zoning illegal. Mr. Del Drake, 2501 Simpson appeared before the Council in opposition to the zoning charge. Mayor Malone declared the public Hearing closed and Ordinance AN ORDINANCE AME'DIXG ZONING ORDINANCE NO 1710 OF THE CITY OF PARIS, PA..RIS, TEXAS AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTAP?LISH''NG A TUO- FAMILY DWELLING DISTRICT (2F) ON LOTS 1, 2, and 3, BLOCK 5, BROO {SIDE ADDITION, ON PROPERTY BELONGING TO J. W. HARRISON, SO AS TO INCULUDE T1'_E EI d TERRITORY F012MRLY DESIGNATED AS A ONE - FAMILY DWELLING DISTRICT NO. 2 (SF-2); AND DESIGNATING THE BOUNDARIES OF THE T110- FAMILY DrdEL?,3NG DISTRICT. (2F) SO ESTABLISH. was presented. Before a motion was called for on the Ordinance a motion was made by Councilman Williams and seconded by Councilman Burnett to refer back to the Planning and Zoning Commission for further study. The vote showed 7 ayes, 0 nays. A motion was then made by Councilman Burnett, seconded by Councilman Williams to table the request. Motion carried 7 ayes, O Pays. Mayor Malcne declared the public hearing open on property that had been referred to the Planning and Zoning Commission by the City Council for consideration of rezoning frca Agricultural to Light Industrial District. Mayor IvIalone called for proponents to appear and none appeared. 42 Mayor Malone declared the public bearing closed and informed the Council that a request had been made by Jack Smith owner of Lot 2, City Block 3.35 to exclude r-- his property from the zoning change. City Attorney Haynes advised the Council that the Jack Smith property should be treated like other property in the area and that water would be assessable to the area. ORDINANCE NO. 2431 AN ORDINANCE AMENDING ZONING - ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A LIGHT INDUSTRIAL DISTRICT (LI) ON PROPERTY BOUNDED ON THE NORTH AND WEST BY THE TEXAS & PACIFIC RAILROAD, ON THE EAST BY STATE HIGHWAY 24 AND ON THE SOUTH BY THE CITY LIMIT LINE, MORE PARTICULARLY DESCRIBED ON EXHIBIT-A ATTACHED HERETO, ON PROPERTY BELONGING TO PROPERTY OWNERS LISTED ON EXHIBIT B ATTACHED HERETO, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY LISTED AS AN AGRICULTURAL DISTRICT (A); AND DESIGNATING THE BOUNDARIES OF THE LIGHT INDUSTRIAL. DISTRICT (LI) SO ESTABLISHED. was presented. A motion was made by Councilman Williams, seconded by Councilman Farris for approval. Motion carried 7 ayes, 0 nays. A replat of Lot 7 & 8 Block T, Tanglewood Addition No. 7 was presented to the Council for approval. A motion was made by Councilman Burnett, seconded by Councilman Fisher for approval of the replat. Motion carried 7 ayes, 0 nays. A replat of Lot 4, City Block 329 located on 41st Street S. W. was presented. A motion was made by Councilman Burnett, seconded by Councilman Fisher for approval of the replat subject to the Engineer's exceptions and /or additions.. Motion carried 6 ayes, 1 nay, Councilman Philley voting nay. Mayor Malone requested a motion to depart from the agenda and take up a public hearing on the garbage and trash collection situation. A motion was made by Councilman Fisher seconded by Councilman Williams to depart from the regular council agenda. Motion carried 7 ayes, 0 nays. Mayor Malone made opening remarks concerning the City's twice a month trash pick up as well as the garbage collection service now being offered by private haulers. Mayor Malone declared the public hearing open and called for any remarks by members present in the audience. Mr. Eugene Bostic, Jr. appeared before the Council requesting that the City maintain its twice a month trash pick up and leaving private enterprise involving individual haulers as is. Mr. Bostic stated that elderly citizens in the community were not capable of paying for services offered by private enterprise. Mrs. Joe Rushing 535 12th. S. E. appeared before the Council requesting that the services remain as presently offered. . Mr. Ken Kohls appeared before the council stating that it was the obligation of the City to provide services. Mr. Bob Alsobrook appeared before the Council asking that the City continue its service as presently provided; that if private haulers were franchised for mandatory service that some 30 private haulers would be out of business; that some citizens can not afford the service. Firs. D. -ris Perkins, 1112.E. Washington Street stated that she would. like to remain with the private hacalers who gave back door pick up. Fir. Barney King appeared before the Council stating that private haulers were doing an excellent job, and that he desired the services to remain as is. Rev. A. M. Seamon appeared before the Council stating that any change from the present method kould.create a hardship on the black community, and that the City owes it to the citizens to pick up trash. Rev. M. B. Ellison appeared before the Council stating that 45 to 50 senior citizens in his congregation would not be able to pay should the City go in to a mandatory service. Mr. Felix Gibson appeared before the Council stating that the City needed to get into the business not out of it and recommended that if an agreement could not be reached a referendum would be recommended. Mr. Hardy Moore, Attorney appeared before the Council stating that he was presenting himself not only as a professional but in a personal capacity also, and questioned the City's concern in the matter. City 'tanager Sokoll replied stating the City's concern is increased quanity of trash being picked up which.was over taxing the Sanitation Department causing assignment of Street Department personnel to Sanitation pick ups, there by crippling street programs. Mr. Gary Barolet, owner and general manager of the Southwest Sanitation Company appeared before the Council stating that it was his opinion that private Industries could do a better job and operate cheaper than the City could in the Sanitation service. Fir. Ed Siddle and Mr. Elmore Lohrey both appeared before the Council recommend- ing that the trash and sanitation service remain as is. Mayor Malone declared the public hearing closed., and advised that no action would be taken on the matter at the present time, and that another public hearing had been called for February 16th, 1979, 5 :15 P.M. I ayor Malone requested consideration of an Ordinance previously authorized concerning loading zones. ORDINANCE NO. 2432 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMI MTDuD BY REVISING THE TRAFFIC LTG PARKING 14AP ADOPTED IN PAR?GR1_PH (c) AND THS TRAFFIC PtT-, XT_NG MAP ADOPTED IN PARAGRAPH (b) OF SECTION 29 -112 OF SAID CODE; ESTABLISH= THREE NO PARKING AREAS AND ONE FIFTEEN (15) MINUTE LOADING ZONE ZOINE Otd THE TWIEST SIDE OF 3RD STREET S. E. IN THE 200 FLOCK: FOR A PErALTY NOT TO EXCEED $20'3.00; REPEALI14G ALL ORDINAYCES OR PARTS OF ORDTN.,1ZdCES IN CONFLICT HEREWITH; AID PROVIDING FOR AN EFF2CTIVE DATE OF MARCH 1, 1979. was presented. A motion was made by Councilman Burnett, seconded by Councilman Farris for adoption of the Ordinance. Motion carried 7 ayes, 0 nays. Mayor Malone requested the Council consideration of a previously authorized Ordinance establishing stop signs at various streets. ORDINANCE NO. 2433 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS BE AMENDED BY REVISING THE TRAFFIC - CONTROL DEVICE MAP ADOPTED IN PARAGRAPH (b) OF SECTION 29 -80 OF SAID CODE: PROVIDING FOR A PENALTY NOT TO EXCEED$200.00: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: AND PROVIDING FOR AN EFFECTIVE DATE OF MARCH 1, 1979. was presented. A motion was made by Councilman Wunsch, seconded by Council- man Fisher for adoption of the Ordinance. Motion carried 7 ayes, 0 nays. riayor Malone requested the Council's attention to the recommendation of the Traffic Commission for a stop sign on 35th Street N. E. at Pine Mill Road. A motion was made by Councilman Williams, seconded by Councilman Fisher authorizing the preparation of an Ordinance covering the matter. Motion carried 7 ayes, O nays. Mayor Malone called the attention of the Council to the recommendation by the Traffic Commission for the elimination of a loading zone on Kaufman Street adjacent to the Lone Star Gas Company. A motion was made by Councilman Fisher, seconded by Councilman Williams authorizing the preparation of an Ordinance concerning the matter. Motion carried 7 ayes, 0 nays. Mayor Malone invited the Council's attention to the request of the Airport Board concerning raising the monthly rental rate in the large hanger for twin engine airplanes from $40.00 to $45.00 A motion was made by Councilman Fisher, seconded by Councilman Burnett for approval of the increased rates. Motion carried unanimously. Mr. Jim Collier appeared before the Council advising that the FAA had recommended certain minor changes in the Operation Manual of the Cox Field Airport. Mr.- Collier discussed briefly the recommended changes. After discussion a motion was made by Councilman Farris, seconded by Councilman Burnett to approve the recommended changes to the Airport Manual. Motion carried 7 ayes, 0 nays. Mayor Malone requested the Council's consideration to a previously authorized Ordinance revising the Plumbing Code. ORDINANCE NO. 2434 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING SECION 24 -1 TO ADOPT 1977 TEXAS MUNICIPAL LEAGUE PLUMBING CODE, WITH AMENDMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF MARCH 1, 1979. was presented. Discussion was had prior to the question concerning the penality for failure to secure a plumbing permit. A motion was made by Councilman Burnett seconded by Councilman Philley that a $20.00 per day penal.ity be included in the Ordinance. Motion carried 5 ayes, 2 nays, Councilman Farris and Councilman Wunsch voting nay. A motion was made by Councilman Burnett seconded by Councilman Fisher for adoption of the Ordinance. Motion carried 6 ayes, 1 nay. Councilman Farris voting nay. Mayor Malone called for tabulation of bids received for a depository contract for a two year period beginning March 1, 1979. City Manager Sokoll recommended that the bid be awarded to the Liberty National Bank as the best bid. Resolution No. 1920 authorizing and directing the Mayor to execute on behalf of the City of Paris a contract with the Liberty National Bank to act as a depository for the City of Paris for a two year period beginning March-1, 1979 was presented. A motion was made by Councilman Wunsch, seconded by Councilman Williams for adoption of the Resolution. Motion carried .6 ayes, 0 nays, Council- man Farris abstaining from voting. _.- RESOLUTION NO. 1920 . { WHEREAS, the City Council of the City of Paris did heretofore advertise for bids in accordance with the laws of the State of Texas and the Charter of the City of Paris for a city depository for the period beginning March 1, 1979 through February 28, 1981, which bids were received until 10 :00 o'clock A. M. , Wednes"day, February 7, 1979; and, ! WHEREAS, -the best bid for city depository was made by The Liberty National Bank in Paris, and it should be awarded the contract for such depository; NOW, THEREFORE, 42:x, NOTICE TO BALKING INSTITUTIONS tnTHIN THE. cxTX o p IS e Notice is hereby given that the Gavernj g.Body of the City of Paris, subject to the provision of Article 2559 to Article 2566A, Revised Civil- Statutes of Texas, -; th amended, r�i11. receive Bids and Applications from al.l. interested baxaUng istitutions Within the City of parts to serve as grime depository of the City E parts and maintain custody of the funds of the City far •a period of two years 7rrOt March 1, 1979 through February 28, 1931. Any such applicatious shall. be delivered to the office of the City Clerk in the City Hall prior to 10.00 A. M. - February 7, 1979. Yt is requested that each back bid by filling In all blanks and agree3ng to f t = the following specifications _ t _ 213TEREST RATES Under, 100 3a Or YY $V V Rat -Eff er-tiv B.QO '9.61 � ^ same - .. zame "8.00 = _ 2©:005;'- Not cTaii = .. compound _ = = - 8.009a -� `:: =: 96 29; samg" 8.00%'" -9.76 -same .' f. OOq . _.. 20.009; w same* 500,000.00 Naximu loam Limit , d. Kate of interest on. Warrants e. Charges, if any, for furnishing of all -.printed checks alid vouchers based on . City of Faris needs and specificastioxns Tic additiax; to the' normal services and supplies- furnished by the, depository bank, the follow-tug services a_re standard and .common to most depository•contracts. The City of Paris needs these services. and expects them to be furnislied at no charge as a part of this proposal.. ; Triplicate fast Deposit SZigs - * Paying .Agent. fOr -10nds Boni and Coupons Service _ Wire Transfer Service t . Farkxsg Facilities Satre Deposit Bores Coin Wrappers. := _ -� _ "•' rt =z Night Degositorg SerVIte includ3.ng Bags and Keys Z`raveler * s and Cashier's. Checks Deity Balatcce on Each Accou -at .. idlers are requested to submit any further cancessionsor services in the - B i `_:space provided herein, which they may want to offer to the City of Faris and make _ :.any com�rzent as further. consideration in selecting the City 'I' depository 7. AIZ .nno�csies which are deposited into the depository under the pxavi$%QO s" of thi = - proposal shall- be continuously secured - e in accordanc with -. the laws of the Stater of Texas applicable-thereto, by a valid pledge of direct obligations having apar value or market value vl en less -than gar, . exclusive of. accrued interest, at all , tine at .least equal to the total amount, money on deposit rtu said several s _ J - funds on deposit iiL- the' degasitary. I : All time deposits or tsuse certificates of deposit which have xnot elagseci an the termination date of the finally approved depository contract, shall remain an _deposit with the same depository under the same- terms and conditions in effect during said contract until- the date such time deposits have elapsed, _ _ -2- - The City of pari s. reserves the right to accept or reject any or all. bids, to _ taaive formalities, and to accept the bid the Lace or invest part ax a71. of any - .- - - genus_ The City also reserves the right to p of its surplus. or excess funds outside the designated timestoo time, throughout � -annex as may be determined by the City Council, :he term of the contract. • = _ . LIBERTY NATIONAL BANK *IN PARTS Name of Banb. - - - Title resident- 3 r ' 3 Date -•' 7-- 7 z f i} -t.� •d I c{.. _ - ,� 1 s fir.- ^�.i•e -' J_ fi t. J�" ceps t J. _ Mayor Malone called for tabulation of bids received for improvement to Blake Road. City Manager Sokoll advised that only one bid had been received that being from the David Buster Construction Company, and recommended that the bid be awarded to that Company in the amount of $400,860.02. Mr. R. T. Gregory representing the Consulting Firm of Shimek, Jacobs, & Finklea, Consulting Engineers for the Blake Road Project,- appeared before the Council stating that it was his opinion that other contractors had levels of jobs going at this time that made it impossible for them to bid. City Manager Sokoll advised that his recommendation included the use of PVC pipe for the water line included in the project. Resolution No. 1921 awarding the bid to David Buster for construction of the improvement on Blake Road from Fitzhugh Ave. to 20th Street N. E. in the amount of- $400,860.02 and directing the City Manager to execute a.contract was presented. A motion was made by Councilman Farris, seconded by Councilman Fisher for adoption of the Resolution. Motion carried 7 ayes, 0 nays. cry df RESOLUTION NO. 1921 WHEREAS, the City Council of the City of Paris, did at its regular meeting on the 11th day of December, 1978, approve the advertisement for bids for furnishing all plant, labor, material and equipment, and performing all work required for the construction of approximately 1, 260 tons of Hot Mix Asphaltic Concrete _Pavement, 3, 500 cubic yards of Crushed Stone Base, 17, 000 square yards of 6 -Inch Lime Treated Subgrade, 4,300 cubic yards of Unclassified Roadway Excavation, 2,534 linear feet of Reinforced Concrete Storm Sewer, 11 Storm Drainage Inlets, 2,615 linear feet of 8-Inch Water.. Line, and other miscellaneous improvements, which- bids were received until 10:00 o'clock A. M., Wednesday, February 7, 1979; and, WHEREAS, the best bid for such construction project was made by David Buster, and he should be awarded the contract for such project; and, WHEREAS, the form of contract to complete said project is _ attached hereto as Exhibit A; NOW, THEREFORE, _ BE' IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the bid of David Buster for the construction of street improvements on Blake Road, from Fitzhugh Avenue (9th Street, N. E. ) approximately 3500 feet Easterly to 20th Street, N. E. , and water mains therein, in the amount of $400,860.02, is bereby accepted and let, conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, That the City Manager of the City of Paris, Robert W. Sokoll, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the contract for the above described work, upon the terms and conditions and in the form shown in Exhibit A attached hereto, -with David Buster. Passed and adopted this 12th day of February,. 1979. Michael E. Malone, Mayor. ATTEST: r H. C. Gr ene, City Clerk APPIjOVED�,rA TO, FORM: T. K. �ayfies, qty Attorney Resolution No. 1922 calling for an election of three City Councilman from wards 4, 5, and 7 and designating polling placing and election personnel was presented.= A motion was made by Coucilman Farris, seconded by Councilman Burnett to amend the reading of the Resolution authorizing personnel at each polling place in - numbers not to exceed a total of 6 persons. Motion carried 7 ayes, 0 nays on the amendment. A motion was made by Councilman Farris, seconded-by Councilman Burnett for adoption of the Resolution as mended. Motion carried 7 ayes, 0 nays. I A RESOLUTION NO. 1922 A RESOLUTION ORDERING AN ELECTION TO BE HELD ON THE FIRST SATURDAY IN APRIL, 1979, SAME BEING THE 7TH DAY OF APRIL, 1979, BETWEEN THE HOURS OF 7:00 O'CLOCK . A. M. AND 7:00 O'CLOCK P. M., BY THE QUALIFIED VOTERS OF WARDS 4, 5> AND 7 OF THE CITY OF PARIS, PARIS, TEXAS, FOR THE PURPOSE OF ELECTING THE COUNCILMEN FROM EACH OF SAID WARDS TO SERVE AS MEMBERS OF -THE CITY COUNCIL FOR THE ENSUING TWO YEARS. BE IT RESOLVED BY THE CITY COUNCIL OF.- THE_- CITY OF PARIS: Section 1. That an election be held by the qualified - voters of Wards 4, 5 and 7 of the City of Paris, Paris, -Texas, on the, first Saturday in April, 1979, same being the 7th day of April, 1979, be -' _ tween the hours of 7:00 o'clock A. M. and 7:00 o'clock P. M. , 'for the purpose of electing three (3) members of the City Council of the City of Paris for two year terms, as follows One Councilman From Ward Four (4) = One Councilman From Ward Five (5) Y One Councilman From Ward Seven (7) as provided in Paragraphs 2, 3, 5, 6 and 7 of Order entered March. 15, 1976, in Civil Action No. P- 75 -3 -CA, In the District Court of the United States for the Eastern District of Texas, Paris Division, and As provided in the Charter of the City of Paris and the laws of the State of Texas wherein they do not conflict with said Order. Section 2. That the polling places and election officials of such election shall be as follows: Ward. Four (4): Polling Place: Oak Park United Methodist Church 2515 Bonham Street Officials: Ruth E. Welch Presiding Judge Jessie Bolton , Alternate Presiding Judge Ward Five (5): Polling Place: Central Fire Station 107 East Kaufman Street Officials: 'J. T. Shipman , Presiding Judge Madelene Ausmus ' , Alternate Presiding Judge Ward Seven (7): Polling Place: First Christian Church 780 20th Street, N. E. Officials: Maydell McCoy Presiding Judge Mildred Julian Alternate Presiding Judge Section 3. The Presiding Judge of the respective voting boxes shall designate and appoint such additional, competent and qualified - clerks for such respective polling places and voting boxes as may be e uijeri if an for the efficient conduct of said election, not to exceed t�ta or six persons. ' Section 4. Such election shall be held in- accordance with the laws of the State of Texas governing general and municipal elections, insofar as the same may be applicable, and with the provisions of the City Charter and Ordinances of the City of Paris, wherein such laws and ordinances do not conflict with the above described Order. Section .5. The Chief of Police of the City of -Paris is hereby directed and instructed to post a properly executed Notice of Election pursuant . to this order of- election, - signed by the Mayor of the City of Paris and attested by the City Clerk, on the bulletin board in the City Clerk's Office, on the board provided for notice at the City Hall Door, at each of the polling places designated above, which are _ within each ward. in which the election is to be held, at least twenty (20) days before the election; further, a properly executed copy of such Notice of Election shall be published at least one time not more than twenty -five (25) days nor-.. less .than ten (10) days before the election in at least one daily newspaper published in the City of Paris, and a copy of the notice shall be filed with the City Clerk of the City of Paris, together with the posting officer's return and the newspaper certificate of publication. Section 6. The pay of the judges and clerks of said election Is hereby authorized and established as follows: $2.50 per hour for each judge and clerk; the election judge who delivers the returns of said election immediately after the votes have. been counted to the proper office shall be paid an additional sum of $15.00 for that ser- vice, provided also, he shall make return of all election supplies not used when he makes returns of such election. Passed and adopted by the City Council of the City of Paris in regular meeting, at the City Hall of said City, on this the 12th day of February, 1979. Michael E. Malone, Mayor. r ATTEST: H. C. Gr ene, City Clerk Z VED S TO FORM: H n City Attorney 4 3 :.9 City Manager Sokoll requested authorization to advertise for bids for the paint- ing of the Central Fire Station. Motion was made by Councilman. Burnett, seconded by Councilman Fisher approving the request. Motion carried 7 ayes, 0 nays. Mayor Malone requested the Council to consider the designation of Mrs. Jackie Alsobrook as a Paris Lay Representative to the NET Library System and-to the Advisory Council and that Claire Haslam be designated as the alternate Lay Representative to the NET Library System. Mayor 11alone advised that the Library Board had made.the recommendations. A motion was made by Councilman Wunsch, seconded by Councilman Williams approving the designation. Motion carried 7 ayes, 0 nays. City Manager Sokoll requested that the Council call a special meeting for Monday February 26th, 5:15 P.M. for the purpose of awarding bids on the North— side Drainage Project. A motion was made by Councilman Williams, seconded by Councilman Fisher approving the request. Motion carried 7 ayes, 0 nays. _ Mayor Malone declared the Council in Executive Session and the regular session was declared closed. Discussion was had by the Council on the Reno Sewer Contract and a request from the CiLy of Reno for water service, and discussion on the Lamar County Water Supply District contract, Discussion was also had on personnel of the Paris Fire Department. Mayor Malone declared the Executive Session closed and the '%egular session open. A motion was made by Councilman Farris, seconded by Councilman Burnett authorizing the preparation of an Ordinance increasing the Fire Fighters in the Paris Fire Department from 20 to 21 persons making a grand total in the Fire Department of 36 persons. Motion carried 7 ayes, 0 nays. There being no further business, the meeting adjourned. MICHAEL_MALONE, MAYOR ATTEST: K. C. GREENE, CITY CLERK s MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL February 1.6, 1973 The special Council meeting of the City of Paris was held Friday February 16, 1979 at 5:15 P. M. Mayor Malone cared the meeting to order with the following Councilman present. J. B. Burnett, Walter F. Williams, David Philley, Raymond Wunsch. Also present were City Manager R. W. Sokoll, H. C. Greene, City Clerk, City Attorney, T. R. Haynes. Mayor Malone advised that the purpose of the special meeting was to conductwa public hearing concerning the trash and garbage service within. the City limits of Parise Mayor Malone declared the public hearing open, and called for comments from the audience. Mrs. Eunice Felty appeared before the Council requesting that. City and private service remain as is, and recommended the continuation of the $1.00 charge for landfill service. Mr. Eugene Bostic appeared before the Council requesting service to continue as is. Mr. Gary Crawford, 512 E. Cherry St. appeared before the Council recommending service remain as is and recommending the elimination of the $1.00 landfill charge. Mr. Gary Barolet Owner and Manager of Southwest Sanitation Company appeared be- fore the Council stating that private enterprise cam operate sanitation service cheaper than the City; that Southwest Sanitation Company Mould contract with the City to pick up one time weekly for $2.50 per month and guarantee that rate one year. He further stated that it is his opinion that the City now picks up 75% of the residential trash and advised that as long as the City is in business it would be difficult for private enterprise to do business at a reasonable price. Mr, Hardy Moore representing a group of apartment owners appeared before the Council stating that he was in favor of the proposals made in a document made available by the Mayor to members of the audience and the City Council. In summary the Mayor's recommendations were as follows: 1. City continue twice monthly trash collection. 2. $1.00 charge on the water bill be removed. 3. The charge at the landfill be removed for residential garbage and trash from the City of Paris. 4. The City -Staff should analyze the present landfill and collection operations to determine ways that efficiency can be increased and costs can be brought down. 5. The City should investigate the employment of any additional needed personnel through the GOMA and CETA programs. Mr. Moore further stated that the group was not in favor of a monopoly and suggested that an Ordinance defining trash and garbage be prepared and adopted. Mr. Moore recommended that the anti- litter Ordinance now in effect should be enforced, and stated that the City service is an essential service. Air. Barney Bray, owner and operator of B & B Sanitation Service appeared before the Council requesting clarification of the term residential service as referred to in the llayor's recommendations. Ma�-or Malone advised that residential service did include apartment complexes.- Mr. Felix Gibson appeared before the Council stating that a recent visit to the City of Sulphur Springs revealed a $3.25 charge to the citizens with bags furnished at eight cents each for twice a week pick up, and stated that it was his opinion that trash should be picked up on a regular and orderly basis in Paris. Texas. Mrs. Joe Rushing 535 12th S. E. appeared before the Council recommending the recommendations of the Mayor. Mr. Nathan Bell, 624 Church St. appeared before the Council stating that he would like to see the private enterprise operation continued and would like to see the City trash and private enterprise operation remain as is. City Manager Sokoll advised the Council and the audience that during his tenure of service with the City that he had recognized the trash and garbage area as one in which service. could be improved, and therefore, the reason for'the study and recommendations by the City Staff. Mr. Foster Stone appeared before the Council endorcing the Mayor's recommend- ations. Mr. Robert Burns, 118 W. Kaufman Street stating that it was his opinion that City and County trash on roads and ditches would be increased should service charges be installed.' Mayor Malone declared the public hearing closed. Mayor Malone requested that the City Finance Officer present a detailed summary and an itemized breakdown of cost of the present system, and cost of other proposals made by the City Manager and Staff. Mayor Malone invited the City's consideration of an Ordinance changing the number of personnel in the Fire Department. ORDINANCE N0. 2435 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISION SECTION 12 -1 OF SAID CODE; PROVIDING FOR THE COMPOSITION OF THE PARIS FIRE DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ;. AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 16, 1979. was presented. A motion was made by Councilman Burnett,. seconded by Councilman Williams for adoption of the ordinance. Motion carried 6 ayes, 0 nays. There being no further business, the meeting adjourned. HICHA.EL E. MALONE, MAYOR ATTEST: i MINUTES OF THE SPECIAL CITY COUNCIL MEETING February 26, 1979 A special meeting of the City Council was held on Monday, February 26, 1979 at 5.15 P.M. Mayor Michael E. Malone called the meeting to order with the following Councilmen present: Billy Joe Burnett, James 14. Farris, George Fisher, Jr., David Philley, Walter F. Williams and Raymond S. Wunsch. Also present were City Manager, Robert W. Sokoll,• City Attorney, T.K. Haynes and Acting City Clerk, Joe N. McCollum. Mayor Malone - announced the first order of business was to reconsider the petition of J.W. Harrison for a change in zoning from a One Family Dwelling District No.2 (SF -2) to a Two Family Dwelling District (2F) on Lots 1, 2 and 3, Block 5, Brookside Addition located in the 2500 Block of Culbertson Street. City Manager Sokoll advised the Council that the people who had petitioned against the request at the last regular Meeting have reconsidered-their position. Mr. Freddie Davis, 2520 Culbertson, stated he spoke for all but two of the people who signed the petition and that they wished to withdraw their opposition to the change in zoning. Councilman Wunsch made a motion to bring the matter off the table for action. Councilman Fisher seconded the motion which carried unanimously. Mayor Malone called for the reading of the ordinance. Ordinance No. 2436 AN ORDINANCE AMENDING ZONING ORDINANCE NO.1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDRIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A TWO- FAMILY M4ELLING DISTRICT (2F) ON LOTS 1, 2 AND 3, BLOCK 5, BROOKSIDE ADDITION, ON PROPERTY BE- LONGING TO J.W. HARRISON, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY D14ELLING DISTRICT NO. 2 (SF -2); . AND DESIGNATING THE BOUNDARIES OF THE 11WO- FAMILY DWELLING DISTRICT (2F) SO ESTABLISHED. was presented. A motion was made by Councilman Williams, seconded by Councilman Wunsch for adoption of the Ordinance. Motion carried 7 ayes 0 nays. Mayor Malone announced the next item was to consider award of bid for the Northside Drainage Project. Darrell Gunn,engineer with Lockwood, Andrews and Newna!q, Inc., consultants on the project, was present and submitted their recommendation to award the bid to Gene E. Gervers. Resolution No. 1923 awarding the bid for the Northside Drainage Project to Gene E. Gervers, dba Machinery and Equipment Co. in the amount of $ 363,435.00 was presented. A motion was made by Councilman Williams, seconded by Councilman Farris for approval of the Resolution. Motion carried 7 ayes 0 nays. RESOLUTION NO. 1923 WHEREAS, the City Council of the City of Paris, did at its regular meeting on the 11th day of December, 1978, approve the advertisement for bids for furnishing all plant, labor, material and equipment, and performing all work required for the construction of approximately 10, 500 linear feet of drainage channel improvements including reinforced concrete lined channel, 400 cubic yards of structural concrete and miscellaneous construction items, which bids were received until 10:00 o'clock A. M. , Wednesday, February 21, 1979; and, WHEREAS, the best bid for such construction project was ' made by Gene E. Gervers, d/b /a Machinery & Equipment Company, and he should be awarded the contract. for such project; and, WHEREAS, the form of contract to complete said project is attached hereto as Exhibit A;. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the bid of Gene E. Gervers, d/b /a Machinery Equipment Company, for the Northside Drainage Improvements, in the amount of $363, 435. 00, is hereby accepted and let, conditioned upon said contractor. meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, That the City Manager of the City of Paris, Robert W. Sokoll, be, and he is hereby authorized and .directed _ to execute on behalf of the City of Paris, the contract for the above described work, upon the terms and conditions and in the form shown in Exhibit A attached hereto, with Gene E. Gervers, d/b /a Machinery & Equipment Company. Passed and adopted this 26th day of February, 1979 f Michael E. Malone, Mayor I f ATTEST: - S t ns, tng i y er APP OVE S TO FORM: T. K. Haynes, City Attorney 43 i4 4 ) Mayor Malone stated that the next item was to consider action regarding residential trash collection. He reviewed his recommendation which are: (1) City continue twice - monthly trash collection; (Z) $1'.00 charge on water bill be removed; (3) The charge at the landfill be removed for residential garbage and trash from the City of Paris; (4) The City Staff should analyze the present landfill and collection operations to deter- mine ways that efficiency can be increased and costs can be brought down; (5) The City should investigate the employment of any additional needed personnel through the GOMA and CETA Programs. He then requested that these recommendations be brought to a vote. Councilman Philley stated that a new landfill site would be needed in 4 to 5 years and that the Council should be'calroful-about renoving income supporting this. He suggested that perhaps private haulers could be ' subsidized in some way leaving the $1.00 charge on the water bill and that individuals who haul their own trash to the landfill not be charged a gate fee to dump. City Manager Sokoll presented figures on the general fund account and estimated revenues from various sources. He reviewed a number of projects which have been approved or pending and their estimated costs. He ques- tioned the advisability of eliminating any revenues in next years budget. He pointed out the fact that if any revenues are done away with, the capital improvements projects outlined would be affected. He further cautioned that any Federal Program such as GOMA and CETA cannot be relied upon as an answer to a ranpower problem due to the uncertainty of the life of such programs. Mayor Malone again recommended that a closer look be taken at all federal assistance. At this time, Councilman Fisher made a motion to approve the 5 recommend- ations made by Mayor Malone. Councilman Williams seconded the motion. Councilman Wunsch stated he felt the removal of the $1.00 charge would encourage additional collection by the City and would endanger needed revenues. Mayor Malone stated that the service can be financed by .-- -ing surplus funds which have occured annually over the past several years. It Councilman Farris stated that surplus is due to lack of implemantation, for one reason or another, of budgeted projects. He posed the question, how can you continue to finance, over a period of years, a trash collec- tion service without a tax increase? He went on to say that you cannot operate a service with recurring costs out of surplus savings and that some future Council is going to have to deal with a tax increase if revenues are cut off. He said that it is unorthodox for a City the size of Paris to provide trash collection service at no charge and challenged the ?Mayor, to prove otherwise. City Attorney Haynes reviewed for the Council, State laws and rules pert- inent to garbage and trash and the City's responsibility in that area. He stated from the law that the collection, handling and storage of solid waste shall be by practical and economically feasible methods. A rule states that municipal solid waste containing things that will decay shall be collected a minimum of once weekly to prevent propagation and attract- ion of vectors and the creation of public health nusiances. Collection shall be more frequent in circumstances where vector breeding and har- borage is significant. He went on to say that "vector's" in the rule pertains to rodent and-' other forms of animal life. With no further comments the question was called for on the motion made by Councilman Fisher, seconded by Councilman Williams to approve the 5 point recommendation of Mayor Malone as follows: 1. City continue twice- monthly trash collection. 2. $1.00 charge on the water bill be removed. 3. The charge at the landfill be removed for.residential garbage and trash from the City of Paris. 4. The City Staff should analyze the present landfill and collection operations to determine ways that efficiency can be increased and costs can be brought down. 5. The City should investigate the employment of any additional needed personnel through-the COMA and CETA Programs. The motion carried 4 ayes, 3 nays. Councilmen Farris, Philley and Nunsch voting nay. Councilman Wunsch asked that the record reflect that he was not opposed to the twice a month pickup part of the recommendation. Discussion was held on the effective date of-the policies in the Mayor's 40. w 1 E' recommendation. Councilman Fisher made a motion that the approved policy be effective July 1, 1979. Councilman Burnett seconded the notion '- which carried 4 ayes and 3 nays. Councilman Farris, Philley and Wunsch voting nay. Mayor Mayor-. announced the Council would go into executive session. The City Manager and City Attorney discussed the Reno Sewer Contract and Reno's request for water service. Mayor Malone declared the executive session closed and the regular session open. With no further business, the meeting adjourned. Michael E. Malone, Trayor ATTEST: Joe N McCollum, Acting City Clerk 44y MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL MARCH 12, 1979 The regular meeting of the City Council of the City of Paris was held Monday, March 12, 1979.at. 7 00 P.ti. Mayor Malone called the meeting to order with the following Councilmen present: B.J. Burnett,-Jim Farris, George Fisher, Jr.; David Philley, Halter F. Williams and Raymond k1unsch. Also present were City Manager Robert W. Sokoll, City Attorney, T.K. Haynes and Acting City Clerk Joe N. McCollum. Prayer v+ras offered by Rev. N.E. Nash of the Ebenezer -A.M.E..Church, Mayor Malone asked-if there were any correction to the minutes of previous meetings furnished to the Council members. There being none, the minutes were approved. Mayor Malone announced the first order of business would be consideration of recommendations made by the Planninq and Zoning Commission. A replat of Lot 2, Block I, Morningside Estates No. 3 was presented. It was noted that the reason for the replat was to remove a 7.5' utility easement from the south property line of Lot 2. The easement was not needed by any utility and approval had been recommended by the Planning and Zoning Commission. A motion for approval was made by Councilman Wunsch, seconded by Councilman Burnett and carried 7 ayes, 0 nays. City Attorney Hanes presented the following zoning petitions: Audubon Development for Site Plan approval on part of Lot 8, City Block 287 and Paris Independent School District for a change in zoning from SF -2 to PLI on Lot 6, Block C, Sand Hill Estates and Lot 14 and part of Lot 15, City Block 294. Mayor Malone referred the petitions to the Planning and Zoning Co- mission for their study and recommendation and called for a public hearing at the April 9, 1979 Council meeting. Mayor Malone called for the reading of an Ordinance previously autho- rized for the installation of a stop sign. Ordinance Mo. 2437 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE ORDINANCES, CITY OF PARIS, PARIS, TEXAS BE AMENDED BY REVISING THE TRAFFIC - CONTROL DEVICE MAP ADOPTED IN PARAGRAPH (b) OF SECTION 29 -80 OF SAID CODE -; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00 ; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON - FLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE D;xTE OF APRIL 19 1979. was presented. Motion was made by Councilman Wunsch, seconded bl! Council- man 9illiams for adoption of the Ordinance. Motion carried 7 ayes, 0 nays. Mayor Malone called for the reading of an Ordinance previously authorized elic:inating a Loading Zone. Ordinance No. 2438. AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING THE TRAFFIC PARKING MAP ADOPTED IN PARAGRAPH (b) OF SECTION 29 -112 OF SAID CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL OR- DINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE',JITH; AND PROVIDINNG FOR AN EFFECTIVE DATE OF APRIL 1, 1979. was presented. Motion was made by Councilman Farris, seconded by Council man Fisher for adoption of the Ordinance. Motion carried 7 ayes, r nays. City Manager Sokoll advised the Council that the Traffic Commission had recommended a stop sign at 2nd N.E. and Pine Bluff from the south. The sign is already there but was left off the Traffic Control Device Map. Councilman Farris made a motion to authorize preparation of an •,rdinance for the stop sign. Councilman Burnett seconded the motion which carried 7 ayes, 0 nays. City Manager Sokoll requested Council authorization to advertise for bids for underground fuel storage at Cox Field Airport. Jim Collier, Airport Manager explained the need for the tanks and fir, Sokoll stated funds were available to co the work. Councilman Farris moved to authorize the taking of bids for the project. Councilman Wunsch seconded the motion which carried 7 ayes, 0 nays. Resolution No. 1924 outlining a lease agreement with Andy Fasken, Harley Wagnon, Bob Singer and Larry Ferguson for the purpose of constructing a four space T- hanger at Cox Field was presented by the City Attorney. Terms of the lease were discussed along with the-requirements that the City would have to provide taxiway and access paving to the proposed hanger. Councilman Farris moved for approval of the Resolution. Council- man Burnett seconded the motion which carried 5 ayes 1 nay and 1 r!�- stention. Mayor Malone voting nay and Councilman Williams abstained. 44 RESOLUTION NO. 1924 WHEREAS, the City Council of the City of Paris is desirous of improving the facilities available at its municipal airport, Cox Field; and, WHEREAS, F. Andrew Fasken, a tenant at Cox Field for many years, is desirous of joining with others to construct an improved hangar facility, in order that they may meet their needs for hangar space not otherwise available at Cox Field, and do request a lease upon the terms and conditions and for the- pro- perty described therein, attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF- THE CITY OF PARIS, That the City Manager of the. City of Paris, Robert W. Sokoll, is hereby authorized and directed to execute on behalf of the City of Paris, the lease agreement with F. Andrew Fasken and others, upon the terms and conditions and in the form of Exhibit A attached hereto. Passed and adopted this 12th day of March, 1979. Michael E. Malone, Mayor ATTEST: a eS., Wilkins, Acting City Clerk APPROVETO FORM: yne.9 City, Attorney C} L. City Manager Sokoll requested.authority to advertise for bids to con- struct two new tennis courts at Culbertson Park. 'Darren Leddick, Director of Parks and Recreation reviewed the matter with the-Council. Motion was made by Councilman Wunsch, seconded by.Councilman Philley to authorize the bids. Motion carried 7 ayes 0 nays. Mayor Malone announced that Carl Shimek, consulting Engineer, would present a report regarding the City's water system. Mr.-Shimek pre- sented copies of the report to the Council and reviewed the most important points as well as a two phrase recommendation contained within the printed report. Councilman Farris moved to receive the report. Councilman Wunsch seconded the motion which carried 7 ayes 0 nays. Mayor Malone announced the next item would be a presentation by re- presentatives of the Tree Committee. Nora Hayter spoke for the group requesting the Council to consider passinq a resolution which would be a more direct statement, concerning) trees and landscaping in new developments in the City, than that presently used. City Attorney Haynes read the resolution submitted by the Committee. Councilman Farris made a motion to -have a resolution drafted in proper form for consideration at the next regular meeting. Councilman Wunsch seconded the motion which carried 7 ayes 0 nays. Mayor Malone then stated that Dr. Clarence Temple would make a present- ation concerning an all weather track for the community. Dr. Temple stated the need for such a facility which could be used by the community for jogging and by the school system for athletic events. He presented a plan for the track, which would be located on the Paris High School property and would be improved with an 8 lane, 400 meter track, lighting, bleachers, restrooms, etc.,'and at a later date expanded to a full stadium for football purposes. He went on to say that he was seeking support f3'r the facility so that he could proceed to investigate federal assist- ance in the form of grants from the Parks and Wildlife Dept. He felt that a 50 q grant was possible and that matching funds could be locally generated. Councilman Wunsch suggested discussion by the City /School Committee which was agreed upon and the Council expressed a favorable feeling to Dr. Temple on the project. Resolution No. 1925 authorizing condemnation of an easement involved in the Northside Drainage Project was presented. Councilman 14iliiams made a motion for adoption of the Resolution. Councilman Burnett seconded the motion which carried 1 ayes 0 nays. r' RESOLUTION NO. 1925 WHEREAS, the City Council of the City of Paris has undertaken a project of easement acquisition for the Northside drainage project; and, WHEREAS, the utility and drainage easement hereinafter described in one (1) parcel, with the owner shown immediately after,-is necessary for such project; said parcel being as follows: BEING a strip of land within the corporate limits of the City of Paris and the Reddin Russell Survey Abstract No. 786, Lamar County, Texas, and being a part of Lot 5 of.City Block No. 298, a 90.62 acre tract of land conveyed Merico, Inc. by,deed recorded in Volume 548, Page 464, Deed Records, Lamar County, Texas, and being more particularly described and located as follows: - BEGINNING at a one - half inch (1/2 ") iron pin. at fence corner taken to be the northeast corner of said 90.62 acre tract and the northwest corner of a tract of land recorded in Volume 548, Page 464, Deed Records,- Lamar County, Texas, and on the south line of Loop Highway 286, thence South 01 Deg. 12 Min. 17 East along an internal east line of said 90.62 acre tract a distance of 221.46 feet to:a point-on the west line of said strip of land and the Place of Beginning; THENCE along said internal east line the following: South 01 Deg. 12 Min. 17" East, 152.91 feet to a hackberry tree taken to be on said internal east line; South 03 Deg. 17 Min. 25" West, 781.21 feet to a one -half inch (1/2 ") iron pin at fence corner taken to be on an internal north line of said 90.62 acre tract THENCE South 81 Deg. 52 Min. 35" East 'along said internal north line, 46.76 feet to a point on a north or east line of said strip of -land; THENCE along said north or east line the following: South 45 Deg. 55 Min. 21" East 1071.64 feet to a point; South 03 Deg. 29 Min. 47" West, 93.43 feet to a point on the south line of said 90.62 acre tract and the north right -of -way line of Center Street, said point being 239.70 feet along said south line from a one -half inch- '(1/2 ") iron pin at fence corner taken to be the southeast corner of said 90.62 acre tract; THENCE along said south line a distance of 70 feet to a point in the south line of said strip of land; THENCE along said south line the following: North 24 Deg. 50 Min. 54" West, 133.28 feet to a point; North 45 Deg. 55 Min. 21" West, 961.19 feet to a point; South 11 Deg. 59 Min. 16" West, 472.31 feet to a point; South 58 Deg. 51 Min. 35" West, 291.49 feet to a point; South 71 Deg. 48 Min. 38" West, 335.54 feet to a point; South 43 Deg. 38 Min. 27" West, 113.62 feet to a point on the south line of said 90.62 acre tract and the north right -of -way line of Center Street; THENCE along the south line of said 90.62 acre tract a distance -of 70 feet to a point on the west line of said strip of land; THENCE along said west line of said strip of land; THENCE along said west line the following: North 00 Deg. 26 Min. 17" West, 107.41 feet to a point; North 71 Deg. 48 Min. 38" East, 461.68 feet to a point; North 58 Deg. 51 Min. 35" East, 225..02 feet to a point; North 35 Deg. 25 Min. 36" East, 51.71 feet to a point; North 11 Deg. 59 Min. 16" East, 790.45 fees to a point; North 03 Deg. 35 Min. 41" East, 604.40 feet to the Place of Beginning. Containing 4.518 acres, more or less. and is owned by Merico, Inc.; and, WHEREAS, the City Council finds that the above described easement is necessary for said improvement project and that the same should be condemned; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Attorney, T. K. Haynes, be, and he is hereby authorized and directed to proceed to condemn the above described property to be used for improvement for the Northside drainage project. Passed and adopted this 12th day of March, 1979. 44--/- City Manager Sokoll requested authorization to sell surplus property, a list of which was provided to the Council. He recommended that the Property be sold by an auctioneer as opposed to receiving se.'nd bids on the items. Councilman Fisher made a motion to authorize the sale by auction. Councilman Farris seconded the motion which carried 7 ayes 0 nays. City Manager Sokoll and Tax Assessor James Wilkins reviewed the property tax collection report and requested Council direction in the matter of active collection of delinquent taxes. Councilman Farris requested a list of vacant properties, where ownership is not known, for review by the Council. It was the consensus of Council opinion that the present policy on delinquent taxes remain in effect at this time. City Manager Sokoll presented the Fire Marshall°s report on dilapidated houses and the report was further reviewed by Joe McCollum, Director of Community Development. City tanager Sokoll stated that City forces would be used to demolish four houses remaining on the list that could not be done for salvage by outside contractors. Two structures, which were given 6 months to repair, but had had no effort made to repair were ordered torn down by C'<`y forces or by other means on a motion by Councilman Farris, seconded by Councilman Fisher. The motion carried 7 ayes, 0 nays. Mayor Malone called for the reading of a previously authorized ordinance amending the Subdivision Regulations. Ordinance No. 2439. AN.ORDINANCE APPENDING ORDINANCE NO. 1315 OF THE CITY OF PARIS, PROVIDING FOR THE ENFORCEMENT OF SUBDIVISION REGULATIONS WITHIN THE EXTRATERRITORIAL JU.ISDICTION OF THE CITY OF PARIS, ESTABLISHING MINIMUM _LOT SIZE, INCREASING THE DESIGN STANDARDS FOR SUBDIVISION STREET AND UTILITY CONSTRUCTION AND PROVIDING FOR THE DEVELOPER AND OWNER TO GUARANTEE THE PERFORMANCE OF THE SAME FOR ONE (1) YEAR FROM DATE OF ACCEPTANCE OF A SUBDIVISION, PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE14ITH; AND PROVIDING FOR AN EFFECTIVE DATE OF APRIL 1, 1979. was presented. Motion was made by Councilman Wunsch, seconded by Council- man Williams for adoption of the Ordinance. Motion carried 7 ayes 0 nays. City Manager Sokoll requested authorization to advertise for bids on water and street improvements for 8th N.W. and 9th N.W. from Campbell to Garrett and Long Street from 7th N.W. to 8th N.W. He also requested authority to proceed with the acquisition cfi the Senior Center property, which along with the water and street imporvements, were approved as part of the Community Development Block Grant. Councilman Burnett moved to authorize the requests. Councilman t1unsch seconded the motion which carried 7 ayes 0 nays. A 7 ... 4 1"P The City Attorney prevented information ccneerning the Junk Motor Vehicle Ordinance and the need to amend it to comply with state law which came into effect after our present Ordinance was adopted. Councilman Farris made a motion to authorize preparation of an ordinance amending the present Junk Motor Vehicle Ordinance. Councilman Burnett seconded the motion which carried 7 ayes 0 nays. City Manager Sokoll presented bids received for the painting of Central Fire Station, one from Tommy Simmons for $7,000.00 and one from Johnny: Gray for $2,500.00 which has since been withdrawn.. He stated the re- maining bid was very much over the funds budgeted and recommended the use of Fire Department personnel to do the painting In their spare time. Councilman Williams made a motion to approve the City Managers re- commendation. Mayor Malone seconded the motion which carried 6 ayes, 1 nay. Councilman Burnett voted nay. Mayor Malone announced that the next item would be discussion of the Ambulance Contract with McCuistion Hospital. A letter from the Board of Governors of the Hospital was read stating they would discontinue ambulance service at the-end of the contract period, August 31, 1979 unless arrangements can to made to assure that the service will be a breakeven proposition. City Manager Sokoll gave a report on the financial picture as submitted by the hospital, which indicated a pro- jected loss for the next years operation-of a substantial sum of money.. Councilman Farris suggested a Committee to investigate the matter and an audit to determine the areas of loss. Mayor Malone appointed a committee of Councilman Fisher, Williams and himself to serve in the matter. City Manager Sokoll reported on the City /County Health Unit and his meeting with the Lamar County Commissioners Court on the matter. He submitted financial information from H.C. Greene, Director of Finance, which indicated deficiencies in the amounts paid by the County as their share of support for the Health Unit. He stated that, in some manner, the agreement had worked out that the City contribute 60% and the County 40% to support the unit and the Counties payments have not been equal to their 40% share. Councilman Farris made a motion that the City off- icially request the Commissioners Court to contribute their agreed upon share. Councilman Fisher seconded the motion which carried 7 ayes, 0 nays. Mayor Malone then appointed Councilman Fisher, Williams and him- self to a Committee to meet with the Commissioners Court in the matter. Joe McCollum, Director of Community Development, reported to the Council concerning traffic circulation around the proposed school on Pine Mill Road-and the recommendations which had been made by the Planning and Zoning Commission. A map was presented showing the re- commended improvements on Pine Mill Road from 30th N.E. to ]Loop 286, Collegiate Drive from Lamar Avenue north to Town North Estates sub- division and the extension of Pine Mill Road from 30th N.E. west to Collegiate Drive. Estimates of improvement costs.were also furnished the Council. The Council discussed the matter but no action was taken. Mayor Malone announced the Council would go into executive session and' the regular session was declared closed and the executive session opened. City Attorney Haynes discussed claims against the City with the Council. Mayor Malone declared the executive session closed and the regular session open. Mayor Malone announced that no action was necessary concerning items taken up in executive session. There being no further business, the meeting adjourned. MICHAEL E. MALONE, MAYOR ATTEST: , JOE N. MCCOLLUM, ACTING CITY CLERK A t � J � MINUTES OF THE SPECIAL CITY COUNCIL MEETING March 23, 1979 A special meeting of the City Council was held on Friday, March 23, 1979 at 5:15 P.M. Central Fire Station. Mayor Malone called the meeting to order with the following Councilmen present: Billy Joe Burnett, James 61. Farris, George Fisher, Jr., David Philley, Walter F. Williams, and Raymond S. Wunsch. Also present were City Manager, Robert W. Sokoll, City Attorney, T. K. Haynes, and City Clerk, -H. C. Greene. Mayor Malone announced that the purpose of the special meeting was to meet with representives of the Fire Department to discuss personnel matters. Mayor Malone announced that the Council would go into executive session, and invited members of the Paris Fire Department who were present to remain for the executive session. Mayor Malone recongized Ronnie Campbell, Steve Burgin, Troy Gordon, John Cashion, who made brief statements to the City Council. Also recongized were Terry Oliver, Bobby Guilliams, and Grafford Cobb. Brief comments were heard from each of the recongized Firemen. After discussion by the Council, Mayor Malone declared the executive session closed and the regular session open. A motion was made by Councilman Farris, seconded by Councilman Wunsch to move the meeting to the Council Chambers in City Hail. Motion carried 7 ayes, A nays. Mayor Malone requested that the Council proceed to an item on the agenda concern- ing the City's Affirmative Action Plan. A motion was made by Councilman Fisher, seconded by Councilman Burnett granting the request. (lotion carried 7 ayes, O nays. City Manager Sokol] advised the Council that supplements to the Affirmative Action Plan were necessary for updating of the Plan and supplement No. 1 to the Affirmative Action Plan was presented. Resolution No. 1926 approving Supplement Ho. 1 to the Affirmative Action Plan was presented. A motion was made by Councilman Farris, seconded by Councilman. Fisher for adoption of the Resolution. MMotion carried 7 ayes, O nays. .5 RESOLUTION NO. 1926 WHEREAS, the City Council of the City of Paris did hereto- fore in Resolution No. 1896 adopt an Affirmative Action Plan for the purpose of promoting equal employment opportunities; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that said Affirmative Action Plan be updated by adding thereto Supplement No. 1 attached hereto as Exhibit A; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Supplement No. 1 to the Affirmative Action Plan of the City of Paris attached hereto as Exhibit A, be, and the same i-s hereby approved and adopted, -and the Mayor, Michael E. Malone, the City Manager, Robert W. Sokoll and the EEO Officer, H. C. Greene_ are hereby authorized and directed to execute the same. Passed and adopted this 23rd day of March, 1979. 1 y Greene, City Mirk APPROVED AS TO FORM: Haynes, 'City Attorney 6' EXHIBIT A 45'-'.) :ti CV GO P-4 rx, -r4 02 P4 P4 `. -_` ..'� - � -_ � �.- _ -' - rim cq - 'n co _ -zr rn 14 0 $4 ;4 0 c3 0 �41 OJ C.) $4 03 CD 4J C) I., a) ill :3 " f4l 0 C13 Ckl P. -�4 . 4-3 cl. 40 va N 4 0 C) 4-J co 14 FA C-4 a 20 40 4-) 4,3 Im -,A 8 :3: 124 F�l (n U) 40 4-3 34 11) (13 bo a) P. i~ CJ cd H 3-1 -0 34 0 0 Q 0) CJ 0) cn Cl) ri) -14 3•A } 4 vA d 0 -ri 0 cd 1-4 rq -o 4J -A (j PA x " Tj 0 C-) t4 t-I >-t U , 'o >, F4 03 :1 ;4 114 u n Cd 0) E-A 3-1 4J a) r-4 t4 H -H 0 a3 P 34 14 a. 3L4 P 41 to a 4-3 4-1 -_I -14 G 4) 0 1-4 r-i H 34 1;21 4-t n rft () 6 V) �a 0 -ri Cd -r4 4-3 -ri -Fq P4 00 40, P4 'A frol 0 0) TA ri -" 0 Id cd -A 0 cn C) C-) A C) u q C) X: 4 4J 4-1 w cn 0 pq El `ice pt H oc \ Mc3 bl MOM Ql - .1-3 r— =s to S- -1-) 00 �. lfi O to O � d- _ N , N � •r Pte+ - CU > •r^ >✓ • •-) (0 00 ctS r cn r a l ifl M to O In r r t i ca V-- n :3 O' Cl) Nr: Nato c�I Lo CM O 11 1! tl J � (n Q1 M V _ LU G. s- •r Il IF C3 r` r _ co J U -H 11 od O M to CO co ko WW Or: •r M r r r r O - •1-) O >✓ x _ o - . rr � � sir W O¢.. O O ~ Q tc •r i- •.ter.. \o \ o� �.•� .••' o Q LS O NON O vj} H n MOM Lo C> U') C" Mr r O r. Vj. -. cu H O N ? C'3 O (n OJ t� d M M" X33 44– rL r Nr _ V! to . r co r cLS r n3 •� N to to M •— U tQ U td cd U J= •N •r : •r t •� U tt N kn a3 4– CM ID, O 1� In Ol lU d O M to co dM 00 t� tR cc N tis tR U U O 4-31 . - ., Y •r co its . 1 J�I „ Nrr- "cY011q N r-�c to �-* N 1- C O O1 N ' �U N tic Q C: O O ^ I •� (0 `0 4-3 r U a to tis ca Cll A-0 . t Ft r T3 to ' 4 ' =1 5m- •a' a '0 t0 1� •� -� ., . •i O :3 cis v r- °r' a A a •s s+ U cr) -u s_ to o O (1) rcs S S_ S F= IL "� 00 O -00 O O >~ C .r J r -0 4-3 �L X �C •.- '' O d1 N . N O cu O to c6 cis >r s= >i w y ' • r- r r— mmca O O O z2!:z O C3 O Mayor Malone called for a- report from the committee appointed to study the funding of the Health Unit. Councilman Fisher advised that the Council committee had met with the County Commissioners committee, and that the County at the meeting was unable to inform if the County can-assist in additional funding bringing their ratio of funding up to 40% at this time. It was suggested that a joint meeting be held between the City Council and the County Commissioners Court in the future. A motion was made by Councilman Farris seconded by Councilman Burnett that the City Council meet with the Commissioner's Court with date to be determined at a later date. Motion carried 7 ayes, 0 nays. Mayor Malone announced that the City Council would go into executive session to continue discussion on personnel matters. The regular session was declared closed and the executive session open. Discussion of personnel matters was continued from the executive session held earlier in this Council meeting. Mayor Malone declared the executive session closed and the regular session open. Councilman Farris commented -that in his opinion the City Council had inadvertently authorized the use of Fire Department personnel to do the painting of the Fire Department in the motion made at the March 12th 1979 meeting to reject bids from private contractors for painting of the station. Councilman Farris then made a motion that that portion of the motion made on March 12th, 1979 relating to internal departmental matters, specifically now the Central Fire Station was to be painted be rescinded and that what action is taken to have the Fire Station -painted be left to the judgement and discretion of the City F.anager. The motion was seconded by Councilman Wunsch and passed with 7 ayes, 0 nays. There being no further business, the meeting adjourned. MICHAEL E. MALONE, MAYOR ATTEST: H. C. GREENE; CITY CLERK MINUTES OF THE SPECIAL CITY COUNCIL MEETING APRIL 2, 1979 A special meeting of the City Council was held April 2, 1979, 3:30 P.N. Playor Malone called the meeting to order with the following Councilman present: Billy Joe Burnett, David Philley, Raymond S. Wunsch. Also present were Judge Brady Fisher, County Commissioners Gene Buster & Jimmy Sparks, City Manager, Robert W. Sokoll, City Attorney, T. K. Haynes and City Clerk, 11. C. Greene. Mayor Maione announced that a joint meeting % -.as being held between the City Council and the County Commissioners for the purpose of discussing the Funding of the Paris Lamar County Health Unit. Dr. Joe Hillhouse, acting Director of the Paris Lamar County Health Unit, appeared before the Council and commission stating that the present funding was not sufficient-to cover the 1978 -79 budget requirements of the Health Unit; that the City was contributing $4,868.00 per month and the County $2,002.00 per month; that if the funding was to be on 60- 40 basis has had been customary in the years passed that the County contribution should be $3,245.00 per month. Dr. Hillhouse stated that addition help for the Health Unit was received from the Region 7, State Health Department, through funding of Family Planning,. TB and VD Programs amounting to approximately $49,190.00. Dr. Hillhouse introduced Dr. Marietta Crowder, Director of Region 7, State Department of Health. Dr. Crowder appeared before the Council stating that` of the $103,000.00Region.7 budget that the City of Paris and Lamar County Health Unit was receiving $49,190.00 for Family Planning programs and other programs. Councilman Walter Williams and George Fisher entered the Council chambers and assumed their seats at the council table. Mr. W. C. Pursiful Sanitarian, Lamar County Health Unit appeared before the Council and stated that CETA employees had assisted the Health Unit in its financial operation and had in fact created some fund balance. After discussion by the Council and the Commissioners, it was generally agreed that further meetings by the joint committees would be in order to discuss the funding of the Health Department as well as to attempt to come to an agreement as to future funding with a goal of a formal contract between the County and City. There being no further business, the meeting adjourned. MICHAEL E. MAL0 E, MAYOR ATTEST: H. C. GREENE, CITY CLERK MINUTES.OF.THE':REGULAR MEETING OF THE CITY COUNCIL April 9, 1979 The regular meeting•of the City Council of the City of Paris was held F-londay, April 9, 1979 at 7:00 P. M. Mayor Malone called the meeting to order with the following Councilmen present:„ B. J. Burnett, George Fisher, Jr., Falter F. Wi- lliams and Raymond-Hunsch. Also present were City lHanager, Robert EJ. Sokoil, City Attorney.; T K. Haynes, and City Clerk, H. C. Greene. Prayer was offered by Councilman Raymond.Wunsch. Mayor Malone ask if there were any corrections to the minutes of previous meetings furnished to the Council members. There being none, the minutes were approved. Mayor Malone announced the first order of business would be consideration of recommendations made by the Planning and Zoning Commission. Mayor Malone declared the public hearing open on the petition of Audubon Development for approval of a required site plan on a part of Lot 8, City Block 287. Hr. Bob Staple appeared in behalf of the Audubon Development and advised that a Multi- Family Development is planned for the property consisting of three Four -Flex Apartment Buildings facing Loop 286 with parking in the rear. Mayor t--Malone call for opponents to appear and none appeared. ORDINANCE MO. 2440 AN ORDINANCE MENDING ZONING ORDINANCE NO. 2372 WHICH AMENDED ZONIMG ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, BY REVISION °3 OF SECTION 2 OF SAID ORDINANCE; PROVIDING FOR THE APPROVAL OF A SITE PLAN; REPEALING ALL ORDIi-MANCES OR PARTS OF ORDIMANCES IFS CONFLfCT HEREWITH; AND_PROVIDING FOR AN EFFECTIVE DATE OF APRIL 9,-1979. was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Ordinance. Motion carried 5 ayes, 0 nays. F3ayor tialone declared the public hearing open on the petition of the Paris Independent School District for a change in zoning from a One Family Dwelling District Flo. 2 to a Public Land and Institutions District on Lot F, Block C, Sandhill Estates, and east 50 feet of Lot 5 -A, Block 2, Hayes Heights Addition and all of Lot 14, City Block 294. Upon invitation by the f--layor no one appeared either for against the petition. Councilman Philley entered the Council Chambers and assumed his chair at the Council table. ORDINANCE NO. 2441 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING PAP OF SAID CITY; ESTABLISHING A PUBLIC LANDS AND INSTITUTIONS DISTRICT (PLI) ON LOT 6, BLOCK C, SANDHILL ESTATES; THE EAST 50 FEET OF LOT 5A, BLOCK 2, HAYES HEIGHTS ADDITION; AND ALL OF LOT 14, CITY BLOCK 294, ON PROPERTY BELONGING TO PARIS INDEPENDENT SCHOOL DISTRICT, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A OWE - FAMILY Dt ^FELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE PUBLIC LANDS AND INSTITUTIONS DISTRICT (PLI) SO ESTABLISHED. was presented. A motion was made by Councilman Wunsch, seconded by Councilman Philley. Motion carried 6 ayes, 0 nays. City Attorney Haynes presented a' petition from Wayne and Gene Brown for a change in zoning on 5.36 acres located between Neatherly and E. Sherman at 13th S. E. street, from Office and Specific Use -Home for the Aged to !Multi- Family one District. Mayor Malone referred the petition to the Planning and Zoning Commission for their study and recommendations and called for a public hearing at the next regular Council Meeting. Mayor Malone called for the reading of a previously authorized Ordinance on stop signs. ORDINANCE NO. 2442 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINANCE, CITY OF PARIS, PARIS, TEXAS BE MENDED BY REVISING THE TRAFFIC - CONTROL DEVICE MAP ADOPTED IN PARAGRAPH (b) OF SECTION 29 -30 OF SAID CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCE OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 1, 1979. was presented. Motion was made by Councilman Burnett, seconded by Councilman Fisher for adoption of the Ordinance. Motion carried 6 ayes, 0 nays. City Manager Sokoli presented a request from the State Department of Highways and Public Transportation for a cooperative agreement for widing and improve- ments including curb and gutter, and drainage on State Highway 24 from Ever- green Street South to the City Limits. Mr. Richard Stauter of the Department appeared before the Council stating that estimates had been made on the drainage project in the amount of $168,000.00, curb, and gutter $639000.00, and the re- location of sewer mains in the amount of $16,000.00. Upon questioning Mr. Stauter advised that alternates for drainage would be open ditches in back of curbs which would be highly undesirable, and a two year flood drainage program estimated to be $45,000.00. After discussion, a motion was made by Councilman Philley, seconded by Councilman Wunsch to table the request in order that the Council might consider the matter in its up coming budget workshop. Motion carried 6 ayes, 0 nays. City Manager Sokoll advised the Council of the need to up date the employees group hospitalization insurance coverage to comply with federal regulations in regard to maternity coverage. Finance Director Greene advised the Council that new legislation required that maternity benefits be treated as any other type of illness. After discussion, a motion was made by Councilman Burnett, seconded by Councilman Wunsch to approve the up dating of the employee's group hospitalization insurance coverage to comply w,rith the regulations. I-lotion carried 5 ayes, 1 nay. .Councilman Philley voting nay. Mayor Malone called for the reading of a previously authorized Resolution regarding landscaping. Resolution. No. 1927 encouraging developers to develope a landscape plan and file same with City of Paris and encouraging the preservation of existing trees and shrubs when possible was presented. Motion was made by Council- man Wunsch, seconded by Councilman Burnett to adopt the Resolution. Motion carried 5 ayes, 1 nay. Councilman Philley voting nay. RESOLUTION NO. 1927 WHEREAS, the City of Paris wishes to encourage the orderly development of its landmass, giving consideration to its existing natural beauty, demands for economic opportunity of its citizenry, and at the same time retain the ecological, environmental and aesthetic qualities which make this community unique; and, WHEREAS, it is the desire of the City Council of the City of Paris to encourage existing and prospective developers to con- sider these important aspects along with the economic require- ments of their proposed development for the benefit of the "total community "; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF- THE CITY OF PARIS, That a balanced consideration be made which will protect and conserve the value of all properties involved in the development; and, _ BE . IT FURTHER RESOLVED, That all developers be strongly encouraged to develop a landscape plan which will be in harmony with the desired use of the property- in question, the terrain of the proposed site, the location of the site, (site development should harmonize with the surrounding area) and be compatible with existing city ordinances and zoning restrictions; and,. BE IT FURTHER RESOLVED, That all prospective deve -_- lopers shall be encouraged to file the said landscape plan with the Department of Community Development at the time that the required building permit is requested, and this landscape plan will be reviewed by the Planning and Zoning Commission before being permanently filed for public inspection with the Department of Community Development; and, BE IT FURTHER RESOLVED, That the City of Paris strongly encourages the preservation of existing trees and shrubs when possible or the replacement and reposition of suitable trees,. shrubs and other plants in tastefully placed green areas, planter boxes or like areas when the preserva- tion of existing flora is impossible; and, BE IT FURTHER RESOLVED, That the developer assumes the full responsibility to make arrangements for the continuous care and enhancement of the landscaped area so that the desig- nated green area will not deteriorate into an area of public neglect; and, BE IT FURTHER RESOLVED, That the City Council of the City of Paris considers a well- planned landscaped area to be an economic asset to the developer. Passed and adopted this 9th day of April, 1979. ATTEST: ity Ier� Michael E. alone, Mayor City Attorney Haynes reviewed the City's position on vacant property within the City which there is delinquent ad valorem taxes, and stated.that the Tax Assessor, Jim Wilkins had furnished a list of property owners oweing delinquent ad valorem taxes. City Attorney Haynes stated that action had already begun that would terminate with suites being filed on the delinquent property. A motion was made by Councilman Wunsch, seconded by Councilman Burnett accepting the list provided on property with delinquent taxes. Notion carried 6 ayes, 0 nays. - Mayor Malone called for the review of bids received for two new tennis courts at Culbertson Park. City Manager Sokoll advised that only one bid had been received and that being from the Buster Construction Company in the amount of $49,026.02. City Manager advised that the approved budget figure was $35,000.00. City Manager stated that in conference with the Buster Construction Company personnel he was informed that an error had been made by the bidder in interpreting the specifications and that he was willing to adjust his original bid to the amount of $38,606.02. City Attorney Haynes recommended that the bid be let in total as specified or that the bid be rejected. After discussion, a motion was made by Councilman Burnett, seconded by Councilman Williams to reject the bid and ordering a re -bid on the project. Motion carried 4 ayes, 2 nays. Councilman Wunsch and Mayor.Halone voting nay. Mr. Reeves Hayter and Mr. Bob Hayter representing the Hayter Engineering Firm presently conducting the Infiltration /Inflow Survey for the City of Paris appeared before the Council and reviewed the four volumes of the Infiltration/ Inflow Study. Mr. Reeves Hayter advised that the next step would be the preparation of a facility plan for presentation to the Environmental Protection Agency in order to request funds for step two, that being the writing of plans and specifications. 14r. Hayter advised that the City must submit it's facility plan by August 1979 which could possibly put the City on the list for funding by October 1979, and that funding could possibly commence by March 1980. Mr. Hayter requested an audience with the Council in order to review alternates in selection of an alternate to go into the facility plan. Mayor Malone called for a special meeting of the City Council for April 18, 1979 7:00 P. H. to review alternates as proposed by Hayter Engineering Firm. Mayor Malone declared the Council in Executive Session in order to discuss contractual matters with the City Attorney. City Attorney Haynes discussed easements for drainage and a bond for contractors on the drainage project. Mayor Malone declared the Executive Session closed and the Regular Session open. There being no further business, the meeting adjoured. MICHAEL E. A -4 LONE, [MAYOR" ATTEST: H. C. GREENE, CITY CLERK MINUTES OF THE SPECIAL CITY COUNCIL MEETING April 18, 1979 A special meeting of the City Council was held April 18, 1979, 7:00 P.M. [Mayor Malone called the meeting to order with the following Councilman present: Billy Joe Burnett, Raymond S. Wunsch, George Fisher, Walter F. Williams, Jim Farris. Also present were City Manager, Robert td. Sokoil, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. [Mayor Malone announced that the special Council meeting was called in accordiance with Charter provisions for the purpose of canvassing the election returns of the election held on April 7, 1979. Returns from Wards 4, 5, and 7 was presented to the Mayor and returns were read aloud to the Council and audience. After all returns were canvassed Resolution 1928 was presented declaring the results of the election and the election of Michael E. Malone, Ward 4, W. C. Francis, Ward 5, and Ronald Kyle hard 7 as receiving the highest number of votes. A motion was made by Councilman Wunsch, seconded by Councilman Burnett for adoption of the Resolution. [-lotion carried 6 ayes, 0 nays. MA RESOLUTION NO. 1928 WHEREAS, an election was held by the qualified voters of Wards 4, 5 and 7 of the City of Paris, Paris, Texas, on the 7th day of April, 1979, for the. purpose of voting for and electing the Councilmen from -each of said Wards to serve as members of the City Council for the ensuing two (2) years, to -wit: 1. Councilman From Ward Four (4) 2. Councilman From Ward Five (5) 31 Councilman From Ward Seven (7) WHEREAS, as required by Order of the District. Court of the United States for. the Eastern District, of Texas, Paris Division, in Civil Action No. P- 75 -3 -CA, and as provided in the Charter of the City of Parris and the laws of the State of Texas wherein they do not conflict with said Order, such election was conducted and held at three (3) specified and designated polling places, that ' is, one polling place in Wards 4, 5 and 7 of the City of Paris, Paris, Texas; and, WHEREAS, sealed returns of said election, made by the duly appointed and designated election officials of and for the three (3) respective voting boxes, have been made to the Mayor and City Council of the City of Paris, as required by law, which returns after due and deliberate review and canvass thereof, show the following results of said election, to -wit: (1) IN WARD FOUR (4) A TOTAL OF 72 VOTES WERE CAST FOR COUNCILMAN FROM WARD FOUR (4) AS FOLLOWS: Michael E. Malone Write -In Candidates 68 votes; 4 votes: (2) IN WARD FIVE (5) A TOTAL OF 241 VOTES WERE CAST FOR COUNCILMAN FROM WARD FIVE (5) . AS FOLLOWS: W. C. Francis 146 votes; Nancy Jessee 5 votes Write-In Candidates 0 votes. (3) IN WARD SEVEN (7) A TOTAL OF 378 VOTES WERE CAST FOR COUNCILMAN FROM WARD SEVEN (7). AS FOLLOWS: Willard Daugherty 41 votes; Jan Staley — votes; Ronald Kyle votes; Bob Bonner 16 votes; Timothy M. Hutchings 94 votes; Write -In Candidates 0 votes. Ur � J NOW, THEREFORE, BE IT RESOLVED BY THE CITY - COUNCIL OF THE CITY OF PARIS, That from the above and fore- going canvass of the returns of the votes in the three (3) respec- tive voting boxes in such election, it is declared and determined that Michael E. Malone is the person receiving the highest number of votes of the votes. cast at such election for Councilman From Ward Four (4), and is therefore elected to serve as. Councilman From Ward. Four (4) and as a member of the City Council of the City of Paris for the ensuing two (2) years; that W. C. Francis is the person receiving the highest number of votes of the votes cast at such election for Councilman From Ward Five (5), and is there- fore elected to serve as Councilman From Ward Five (5) and as a member of the City Council of the City of Paris for the ensuing two (2) years; and that Ronald Kyle is the person receiving the highest number of votes of the votes cast at. such election for Councilman From Ward Seven (7), and is therefore elected to serve as Councilman From Ward Seven (7) and as a member of the City Council of the City of Paris for the ensuing two (2) years. Passed and adopted by the City Council of the City of Paris in special session convened pursuant to the directions of the City Charter of the City of Paris, Paris, Texas, on this the 18th day of April, .1979. 7 ` Michael E. Malone, Mayor 'ATTEST:,. H. C. - 0 eene, City Clerk APPROVE S TO FORM: T. K:" �Hayne City Attorney r City Judge, Cedric Townsend administered the oath of office to the newly elected council members, and the new council members assumed their chairs at the council table. Mr. Bob Hayter and Mr. Reeves Hayter appeared before the Council in behalf of Hayter Engineering to present an Infiltration /Inflow report on the Sewer system. Four alternates were presented to the Council showing improvements, repairs, and replacements to the sewer collection system as well as alternate means to treat the waste water for an estimated population of 33,700 by the year 2000. S1r. Hayter advised that an alternate plan should be selected by the Council in order to incorprate into a facility-plan to be presented to the Environmental Protection Agency by August 1979. fir. Hayter advised that the facility plan must be °presented to :Industries, a public hearing called and the Council approve the facility plan. The major differences in the four alternates was the construction of waste water treatment plants; Alternate No. 1 showed the use of the existing plant for all treatment, Alternate No. 2 showed a new treatment plant in the southeastern part of the city, Alternate No. 3 showed the construction of two plants on the South side of the City, one.on the southeast and one on the southwest, Alternate No. 4 showed one plant being built in the southwest part of the city. Mr. Hayter further advised that by 1981 95% of City's funds must be available for matching grant fund. Mr. Hayter requested a dicision by the Council designating one of the alternate plans by mid May 1979., Resolution No. 1929 proclaiming April 27, 1979 as Gene Stallings appreciation day was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Resolution. Motion carried 7 ayes, 0 nays. �ir fy'� da RESOLUTION NO. 1929 . WHEREAS, the City Council of the City of Paris is well aware of the impact that Gene Stallings has had upon the local, state and national sports scene that occurred due to the following accomplish- ments: Three Sport Letterman at Paris High School where he received All District and State recognition and was a member of the 1953 State Finalist Basketball Team All Southwest Conference and Captain of the Team in football at. Texas .A & M University Assistant Football Coach under Paul "Bear" Bryant at Texas A & M University and University of Alabama Head Football Coach and Athletic. Director at Texas A & M University where his team won the Southwest Conference in 1967 and were Cotton Bowl Champions.. January 1, 1968 Member of Tom Landry's Dallas Cowboys Coaching Staff as its Defensive Secondary Mentor since 1972 with six playoff years, climaxed with three National Football League Titles and one World Championship Member of Fellowship of Christian Athletes with extensive personal appearances- in furtherance of its goals and ideals AND, WHEREAS, the City Council of the City. of Paris deems it right and proper that Gene Stallings be recognized in such -a way that his contributions to sports will be preserved for posterity; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Friday, April 27, 1979, be, and the same is hereby proclaimed to be GENE STALLINGS APPRECIATION DAY in the City of Paris, Texas. Passed ' and adopted this 18th day of April, 1979. is aeel�EM . alone, Mayor ATTEST: H. C. - Gre6ne, City Clerk APPROVED TO FORM: T. aynes, City Attorney City Manager Sokoll, gave a general discussion on street repairs. City Manager Sokoll advised the.Council of the need for an amendment to the Affirmative Action Plan, Resolution No. 1930 amending the Affirmative Action Plan of the City of Paris with Supplement No. 2 and adopting same was presented. A motion was made by Councilman Farris seconded by Councilman Burnett for adoption of the Resolution. Motion carried 7 ayes, 0 nays. RESOLUTION. NO. 1930 WHEREAS, the City Council of the City of Paris did hereto- fore in Resolution No. 1896 adopt an Affirmative Action Plan for the purpose of promoting equal employment opportunities, which plan was updated on the 23rd day of March, 1979; and, WHEREAS, it is deemed to be* in the best interest of the citizens of Paris that said Affirmative Action Plan be further up- dated by adding thereto Supplement No. 2 attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Supplement No. 2 to the Affirmative Action Plan of the City of Paris attached hereto as Exhibit A, bct, and the same is hereby approved and adopted, and the Mayor, Michael E. Malone, the City Manager, Robert W. Sokoll and the EEO Officer-, H. C. Greene, ' are hereby authorized and directed to execute the same. Passed and adopted this 18th day of April, 1979. ichael E. Malone, Mayor ATTEST: li H. C. Gr ene, .City Clerk i1 I APPROVED S TO FORM: T. K. Haynes City Attorney SUPPLEMENT NO. 2 TO CITY OF PARIS, PARIS, - TEXAS AFFIRMATIVE ACTION PLAN EXHIBIT A RECRUITMENT it will be the policy of the City of Paris to seek out qualified minorities I and females to encourage them to apply for city employment. All job oppor- tunities will be publicized, with special efforts to be made to encourage applications by minorities and females for those jobs in which they are under- utilized_ The primary area for recruitment will be Lamar County. The recruitment of qualified applicants for job vacancies shall include the following: I. Walk -in applications _ 2. Texas Employment Comission referrals . 3. Advertising in local newspapers: a. Paris News b. Lamar County Echo 4. Advertising on local radio stations: _ - a.- KPLT MI b. KPRE C. KAM FM 5. Advertising in professional and trade journals when applicable 6. Contacts with area high schools. 7. Contacts with area colleges and universities: a. Paris Junior College b. East Texas State University 8. Contacts with minority organizations and minority leaders: a. McKinley Johnson, President of the Paris NAACP Chaptex r— b. Councilman George Fisher, Paris City Council c. Councilman Walter Williams, Paris City Council ` The City of Paris also intends to utilize.CETA for the purpose of training minorities and females for full -time employment with the City as vacancies occur. C-) -+, o -s - a c+ fD O S O •-J -b n O 'J G (D =$ .J. x -f n =S (D _-A A) C Sv n --' tL O t'+- N Ct :Z: fD :3 --j \ (D C� O C) fv N iv ¢� co O CD '.S N White A a .cam Male s --' - Mi nori -� C> O dl N O N C/)- ties -�,C+- o Femal es _,. N 1, i nori -_ ties .-4 Femal e .co J Mi nori . . - - _, _, co Femal. a Minori (D ti es a c (D w -� etnal es 01 P •+ v W N N J i nori = ties V N Fe11a1 es Mayor Walone declared the Council in Executive Session in order to discuss personnel, contractual and legal matters. Mayor Malone declared the Executive Session closed and the Regular Session open and announced that no action was necessary concerning matters taken _ up in the Executive Session. There being no further business, the meeting adjourned. MICHAEL E. f-1ALUNE, t'IAYOR ATTEST: H. C. GREENE, CITY CLERK 4 7 L 4 j 1 ._ MINUTES OF THE REGULAR t4EETIMG OF THE CITY COUNCIL flay 14, 1979 The regular meeting of the City Council of the City of Paris was held Monday, May 14, 1979 at 7:OOP. t-l. Mayor Malone called the meeting'to order with the following Councilman present: B. J. Burnett, George Fisher, Jr:, halter F. Williams, td. C. Francis, Jim Farris,.and Ron Kyle. Also present were City Manager, Robert W. Sokoll, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Prayer was offered by Rev. Felix Keys. Mayor Malone announced that the first order of business would be election of Mayor and Mayor Pro Tem as provided by City Charter. -Mayor Malone invited nominations for Mayor. Councilman Burnett nominated Councilman Malone, Councilman Farris nominated Councilman Fisher. A poll of the Council by districts showed Councilman Malone four votes, Councilman Fisher three votes; Councilman Williams, Burnett, Malone, and Francis voting for Mayor Malone, and Councilman Fisher, Kyle and Farris voting for Fisher, and Councilman Malone was re- elected Vlayor. Mayor Malone declared nominations open for Mayor Pro Tem, Councilman Burnett nominated Councilman Fisher, and no other nominations were made. A poll of the Council by district showed six votes for Fisher and one abstaining, Councilman Fisher abstaining, and Councilman Fisher was elected Mayor Pro Tem: Mayor Malone called former Councilman David Philley, and former Councilman Raymond iriunsch from the audience and presented plaques expressing the appreciation of the citizens of the City of Paris for their contributions to City Government. Mayor Malone ask if there were any additions or corrections to minutes of previous meetings, and City Clerk, H. C. Greene requested that corrections be made in the minutes of the regular minutes on April 9, 1979 concerning the participation'of the City with the State Departments of Highways and Public Transportation in the widing and drainage and curb and guttering of Highway 24 South. City Clerk Greene requested that the minutes reflect "an and trio year flood drainage program estimated to be $45,000. difference between the t�1wo and five year programs". A motion was made by Councilman Burnett, seconded by Councilman Williams to approve the minutes of previous meetings with the corrections as noted. Motion carried 7 ayes, 0 nays. Mayor Malone announced that the next item of business would be the recommendations made by the Planning and Zoning Commission. Mayor Malone declared the public hearing open on the petition of Mayne and Gene Brown for a change in zoning from an Office District, Two- Family Duelling District and Specific Use Permit -Home for the Aged to a Multi- Family Dwelling District No. 1 on a 5.36 acre tract of land located between Neatherly Street and East Sherman Street at 12th S. E. Mayor Malone called for proponents to appear. City Attorney Haynes advised the Council that Wayne Brown had advised him that the change as recommended by the Planning and Zoning Commission, that being from a FR -1 Zoning as re- quested to a Plan - Development - Housing, was acceptable to the petitioners. Mayor Pialone called for opponents to appear and Mr. Gene Anderson appeared stating that he was concerned with the drainage in the area should more ground be covered with housing and paving. Mrs. Joe Rushing appeared before the Council stating her concern about the sewer service in the community. Council- man Francis recommended that the drainage and water and sewer service be corrected prior to issuance. of a building permit. Mayor Malone declared the public hearing closed. After discussion, a motion was made by Councilman Farris, seconded by Council- man Williams to table the zoning request until the Council could be furnished. with an Engineering report on drainage. Motion carried 7 ayes, 0 nays. (sir. Joe McCollum, Director of Community Development for the City of Paris, appeared before the Council requesting amendments to the Community Development Block Grant first year program. Mr. McCollum stated water and street improve- ments had been planned the first year to be made on Long Street from 7th N.W. to 8th N. W., on 8th N. W. from Campbell to Garrett, and on 9th N. W. from Campbell to Garrett. It is proposed that the project be amended and water and street improvements be made on 9th H. W. from Campbell to Garrett, and that street improvements be made on 10th N. W. from Henderson, to Center on 11th N. W. from Henderson to Park, on Park Street from 10th N. i1. to 11th N. W. and that specifications and bids to authorized on these improvements. Mayor ;Malone declared the public hearing open on the amendments to the Community Development Block Grant first year program. Mrs. Alice Hearne 795 28th N. W. appeared before the Council requesting that street improvement be made on 28th Street N. W. from Graham to Campbell Street. No other persons appeared before the Council and the public hearing was declared closed. A motion was made by Councilman Fisher to approve the amendments and authorize the preparation of specifications and bids. A motion was made by Councilman Williams to proceed to the end of 11th Street N. W. from Park Street and the end of Park Street from 10th N. W. with the gravel program at the same time as the Community Development Block Grant program is progressing. The motion was seconded by Councilman Burnett and carried 7 ayes, 0 nays. Mayor Malone called for a second to Councilman Fisher`s motion and Councilman Burnett seconded the motion. The motion carried 7 ayes, 0 nays. City Manager Sokoll presented a replat of Lots 12, 12 -A and part of Lot 11, City Block 223. .7. Motion was made by Councilman Farris, seconded by Councilman Burnett for approval of the replat. Motion carried 7 ayes, 0 nays. City Attorney Haynes presented the following petitions: James Moseley, Robert Moseley and Ray Jones, Lots 23 and 24, Block A. Jefferson Heights from GR Dist., to PD -a District; M!. D. McGuinness and 1,1organ Johnson, North 435 Feet of Lots 13 -A and 19, Block 249 from SF -2 District to GR District; Glen Hash and Howard Gurley, North 275 Feet of Lots 20 and 21, Block 249, from SF -2 District to GR District. Mr. and Mrs. Marvin Paul gash, Lot 7, City Block 204, from SF -2 District to Commercial District; Jack Denman, 5.2 acre tract of land located at the end of Kessler Drive, 172 Feet West of 29th N. E., from SF -2 District to 2F District; Jack Echols, Lot 10, Block 1, Highland Park Addition, from SF -2 District to Neighborhood Service District; Terry D. Shannon, Lot,a, City Block 296, from One Family Dwelling District to Office District. Hayor Halone referred the petitions to the Planning and Zoning Commission for their study and recommendations and.called for a public hearing at the next regular council meeting. Mayor Malone announced that the next order of business would be that as recommended by the Traffic Commission. A motion was made by Councilman Williams, seconded by Councilman Burnett authorizing an Ordinance to be prepared for a, stop sign on Henderson Street at 19th N. W._ Motion carried. 7 ayes, 0 days. _ Mayor Malone requested the Council for a motion to bring item No. 17 forward at the present time. Motion was made by.Councilman Burnett, seconded by Councilman 1illiams approving the request of t'_e Wayor. Motion. carried 7 ayes, 0 nays. Sgt. John Hanna appeared before the Council stating that the City needed and lacked a warning system in case o-" disaster and expressed the need for a system of weather watchers as well as public education program. Mr. Steve Heck.appeared before the Council representing the Paris & Lamar County Jaycees stating that the Jaycees would donate labor on the alarm system program. Mr. Jim Bell representing the Paris Board of Realtors appeared before the Council urging that the City take immediate action on the alarm system. f1r. Lloyd Young of Paris Key Club appeared before the Council urging the Council to take affirmative action of the proposal. Fire Chief, Steve Burgin appeared before the Council stating that grant funds were available, and recom. ended adoption of the program. Mayor Malone called for the tabulation of bids for two new tennis courts at Culbertson Park. City Manager Sokoll advised that only one bid was received that being from David Buster in the amount of $40,659.92. After discussion, a motion was made by Councilman Francis to reject the bid, and motion was seconded by Councilman Williams and carried 5 ayes, 2 nays. Councilman Farris and Councilman Kyle voting nay. Mayor Malone requested a motion to bring an item from the table that was tabled at the last Council meeting concerning the widing of State Highway 24 by the State Department of Highways and Public Transporation from Evergreen Street South to the City Limits. A motion was made by Councilman Williams, seconded by Councilman Fisher to bring the matter from the table. Motion carried 7 ayes, 0 nays. City Manager Sokoll reviewed cost figures with the City Council which was approximately $163,000.00 for drainage based on a five year plan and $63,000. ,— for curb and gutter and approximately $16,000.00 for re- location of sewer mains. City Manager Sokoll advised that a two year plan drainage program would be about $45,000.00 less. Mr. David Glass representing the Paris Lamar County Chamber of Commerce appeared before the Council and spoke in behalf of the program stating that he would like to-see Highway 24 widened into four lanes. After discussion, a motion was made by Councilman Kyle, seconded by Councilman Fisher authorizing the preparation of a Resolution supporting the project. Motion carried 7 ayes 0 nays. Discussion was had on the designation of an accounting firm to perform the annual audit on City records for the fiscal year 1978 -79. After Discussion, a motion was made by Councilman Farris, seconded -by Councilman Williams.to call a special - meeting to review proposals submitted by firms, such meeting to be held on May 29th 1979, 7:00 P. 11. Motion carried 7 ayes, 0 nays. ORDINANCE NO. 2443 AN ORDINANCE APPOINTING THREE MEMBERS TO THE EQUALIZATION BOARD-OF THE CITY OF PARIS, PARIS, TEXAS, TO SERVE FOR THE CURRENT TAXABLE YEAR, ESTABLISHING THE TINE FOR THE FIRST MEETING OF THE EQUALIZATION BOARD, ESTABLISHING THE RATE OF PAY FOR THE 101BERS OF SAID BOARD, AND PROVIDING FOR AN EFFECTIVE DATE. was presented. A motion was made by Councilman Williams, seconded by Council- man Burnett, motion carried 7 ayes, 0 nays. City Manager Sokoll requested confirmation of the appointment of Steve Burgin as Fire Chief. A motion was made by Councilman Burnett, seconded by Council- man Williams. to confirm the appointment of Chief Burgin. The motion carried 7 ayes, 0 nays. City Manager Sokoll presented a request from Michael McDonald to place a mobile home behind his business located at 1865 North Plain Street. A motion was made by Councilman Burnett, seconded by Councilman Williams approving the request. The motion carried 7 ayes, 0 nays. City Manager Sokoll presented the Council with a request from an individual for the purchase of a portion of Lake Gibbons property on the South side of F11 2820 in the Hopewell Community. The City Manager advised that the tract contains approximately 9 acres and is seperated from a large tract by the highway and that the City presently has the land under lease. After Discussion, a motion was made by Councilman Williams, seconded by Councilman Francis that the City retain the land and not advertise for bids. Motion carried 7 ayes, 0 nays. City Manager Sokoll advised the Council of the need to approve an agreement with the State Department of Highway and Public Transportation relating to the replacement of passive warning devices at public railroad grade crossings. Resolution No. 1931 authorizing,and d,redting the City Planager to execute a letter of agreement and assurances necessary for the City of :Paris to part- icipate in the State Department of Highway and Public Transpor- -ation program was presented. A motion was made by Councilman Williams, seconded by Council- man Burnett for approval of the Resolution. Notion carried 7 ayes, 0 nays. RESOLUTION NO. 1931 . WHEREAS, the State Department of Highways and Public Transportation, in compliance with Section 203 of the Highway Safety Act of 1973, has developed a program to improve passive protection at public railroad grade crossings; and, WHEREAS, said program is available to the City of Paris, with no requirement for local funds; and, WHEREAS, the City Council of the City of Paris deems it in the best interest of the citizens of the City of Paris that the City of Paris participate in said program, in order to upgrade crossbuck signs, num - ber of track signs, advance warning signs and pavement markings to conform with the standards specified in the Texas Manual on Uniform__ Traffic Control Devices; NOW, THEREFORE, . BE IT RESOLVED BY THE CITY COUNCIL OF THE. CITY OF PARIS, That the City Manager of the City of Paris, Robert W. Sokoll, be, and he is hereby authorized and directed, on behalf of the City of Paris, to execute any letters, agreements or assurances necessary for the City of Paris to participate in the State Department of Highways and Public Transportation program to improve passive protection at public railroad grade crossings within the City of Paris and to transmit a certified copy of this resolution to B. L. *DeBerry, Director of said Department. Passed and adopted this 14th day of May, 1979. ATTEST: H. Greene, City ,Clerk APP OVEI} S TO FORM: T. K. Haynes, City Attorney r 40 P MlchaleT.nalow 7 �? 11&,wMalone called for a report from the City Ambulance Committee in regard to thembulance and Health Department Service. Councilman Fisher acting as chffman of the committee advised that the ,committee had met with the McCuistion flas "`al and Lamar Oounty Officials in a joint committee meeting on May 10th at0e McCuistion Hospital, 6:00 PJI.; to discuss ambulance service. Councilman F advised that no decision had been made, and that ►1cCuistion Hospital noWcation for discontinuance of ambulance service on August 1st at the ex°'_ tion of the contract period still stands. C'" ttorney Haynes advised the Council of the Public Utility Commission orders reding transactions between various companies within the Texas Utilities Sylin., and advised that Utilities System Cities served by this system were '" f g a cooperative agreement to appeal the Public Uti1ity.Commission's deWon, The City Attorney recommended that the City join in the appeal of hePublic Utility Commission orders with other cities served by the Texas &ULlity System. A motion was made by Councilman Fard s, seconded by Councilman wapproving the recommendation of the City Attorney. Motion carried 7 ayes, Cijfilanager Sokoll advised the Council of the need for acceptance of a donated Wffiding at 260 East Booth Street from Lamar County Human Resources Council, .Inc, and authorized the lease of same to be used as a future Senior Citizen BuXi ng. 'Res&tion Mo. 1932 accepting the tendered deed of conveyance from the Lamar Cow Human Resources Council, and agreeing to lease and let the refurbished bu ,ng or portion thereof being number 260 E. Booth Street to the Lamar ,Cow Human Resources Council, Inc., was presented. A motion was made by Coua lman Burnett, seconded by Councilman 'Williams for adoption of the Resr,tion. Motion carried 7 ayes, 0 nays. RESOLUTION N0. 1932 WHEREAS, the City Council of the City of Paris is interested in cooperating with and supporting programs for the Senior Citizens of Paris and in establishing a Senior Citizens Center in the Northeast quadrant of the City of Paris; and, WHEREAS, the Lamar County. Human Resources Council, Inc. owns a building and lot at 260 East Booth Street which it has deeded to the City of Paris to be improved by remodeling and refurbishing in order that it may be used as a Senior Citizens Center and for other community development activities; and, WHEREAS, upon acceptance and refurbishing of said lot and building the Lamar County Human Resources Council, Inc. is desirous of leasing a portion of said building during speci- fied hours for the purpose of providing services to the Senior Citizens of Paris; NOW, THEREFORE, -BE IT RESOLVED BY THE CITY COUNC: j:L OF THE CITY. OF PARIS, That it does accept the tendered deed-of conveyance from the Lamar County Human Resources Council, Inc. to the City of Paris, describing the lot being No. 260 East Booth Street, Paris, Texas and, BE IT FURTHER RESOLVED, That the City Council does hereby agree to lease and let the refurbished building or a portion thereof being No. 260 East Booth Street to the Lamar County Human Resources Council, Inc. upon the terms and conditions hereinafter agreed upon. Passed and adopted this 14th day of May, 1979. G• Michael E. Ma one, Mayor ATTEST: eene, City Clerk APPROVED AS O. - 'FORM: T. K.-Haynes, City Attorney r1ayor flalone called for a public hearing on the Community Development Block Grant for the 1979 -80 grant period for 7:00 P. 11. Tuesday r1ay 29th 1979. There being no further business the meeting adjourned. ATTEST: - H. C. GR -PS , CITY CLERK f MICHAEL E. MALONE, MAYOR MINUTES OF THE SPECIAL CITY COUNCIL MEETING May 15, 1979 A special meeting of the City Council was held May 15, 1979, 7:00 P. M. Mayor flalone called the meeting to order with the following Councilmen present: B. J. Burnett, W. C. Francis, and Ron Kyle. Also present were City Manager, Robert W. Sokoll, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. City Manager Sokoll advised the Council the need for a Resolution approving a joint cooperative agreement with the State Department of Highways and Public Transportation in the widening and four laning of State Hjgh!'hIay 24-from Ever- green Street South to the City Limits. City Attorney Haynes presented a Resolution authorizing the City Manager to execute the agreement indicating the City of Paris agreement to participate in the project was presented. After discussion, a motion was made by Council- man Kyle, seconded by Councilman Francis to table the item. notion carried 4 ayes, 0 nays. Councilman Fisher entered the Council chamber and assumed his chair at the council table. ity Manager Sokoll advised the Council of the need to adopt the Resolution __ ccepting the E. D. A. Grant for water improvement in Southwest Paris. Resolution No. 1933 authorizing and directing the City (-tanager on behalf of the City of Paris to execute said offer grant indicating the City of Paris acceptance of the same was presented. A motion was made by Councilman Fisher seconded by Councilman Kyle for adoption of the Resolution. Notion carried 5 ayes, 0 nays. RESOLUTION NO. 1933 WHEREAS, the City Council of the City of Paris did heretofore authorize, in Resolution No. 1895, the processing of a grant applica- tion under the Public Works and Economic Development Act of 1965, as amended, and did thereafter in Resolution No. 1913 authorize said application to be increased; and, WHEREAS, an Offer of Grant has been tendered by the United States Department of Commerce, Economic Development Administration, under Project No. 08 -01- 02074, in an amount not to exceed $300, 000.00; and, WHEREAS, the City Council of the. City of Paris finds it to be in the best interest of the citizens of Paris to accept such Offer of Grant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Offer of Grant, made by the United States Department. of Commerce, Economic Development Administration, attached hereto as Exhibit A, is in all things accepted; and, BE IT FURTHER RESOLVED, That Robert W. Sokoll, City Manager of the City of Paris, be, and he is hereby authorized and directed, on behalf of the City of Paris, to execute - said Offer of Grant indicating the City of Paris' acceptance of the same. Passed and adopted this 15th day of May, 1979. r Michael E, Malone, Mayor r a ATTEST: l ;H. C. reene; City Clerk APPROVED S TO FORM: . K. ynes, City Attorney v'4J4M, —00. - V UrdITED STATES DEPARTMENT OF COMME' RCE • `''_' Economic Development Administration Washington, D.C. 20230 Project No.:- 08 -01-02074 Offer Date MAY 10 1979 .Public Works. and Development Facilities OFFER OF GRANT Pursuant to its authority under the Public Works and Economic Development Act of 1965, as amended, (P.-L. 89 -136) anti subject to the Special Conditions (Exhibit "A ") and the Standard Terms and Conditions (Exhibit "B ", dated October 1, 1978), both 'incorporated by reference hereirr,'the'Economic Development Administration, U. S. Department of.Commerce (hereinafter.the "Government "), offers a Grant.not to exceed $300,000 to the City of,Paris, Lamar. County, Texas .. (hereinafter the "Grantee ") in order to aid in the-construction or equipping of public warps or development facilities presently estimateO to cost $ 500,000 and consisting of water system improvements (hereinafter the "Project ") provided that in no event shall -thislGrant exceed. whichever is the lower of $300,000 * . or 60 per cent 'o.f the _actual cost of the Project as determined by the Government.-'_ This Offer, the Acceptance, the Special Conditions, and the Standard !Terms 'and Conditions including any addenda shall constitute the "Grant Agreement ". —Acceptance of this Grant Offer must be returned to the Econo�-aic Development Administration prior to- filAY 25 1979 ECONOMIC DEVELOPMENT ADMINISTRATION .. Alop Apprc' rig 0 dial) (Title) Director Southwestern Region, EDA The above Offer of Grant..is hereby accepted, - :. Date:.. (Name of Grantee Signature and Printed Name Title of Accepting Official CERTIFICATION (By Official .other than Accepting Official) The person signing.this Acceptance is so authorized by the Governing Body or Board of the recipient- Signature) (Printed Name) Title of Certifying Official (Date) 10ftM ED -1025 tREV. 3 -694 USCOMM•.DC 53DD44P7D EXHIBIT A a u. s. DEPARTMENT Or COM1,1ERCE Economic Development Administration EXHIBIT 'W' Public Works and Development Facilities"- Project - NO._ 08-01 -02074 GRANTEE: City Of Paris Lamar County, Te:kas SPECIAL CONDITIONS 1. The Grantee hereby coven . ants and agrees, as .. n essential condition'of this Agreement, . that it shall diligently pursue the development -of this Project to insure completion within the length of time proposed in the application. it.is expressly understood and agreed ' that the Grantee shall notify the Government in the event delays occur which substantially affect the accomplishment of the Project within the schedule embraced in this Agreement. The Grantee agrees to the Project development time schedule- requ ired after approval for the following: -Completion of Final Plans --------------------------- 30 days Advertise for the Purpose of Competitive Bidding---. 60 day s Award of Cqnstruction Contract------------- - - - - °- 90 days Start of Construction----------------------- - - - - -- onstruction ------- - ------ — ------------- 120 days ' Construction Period ---------------- .7 ------- Six months. - ..2.. Department of Labor regulations set forth at 41.CFR 60 -4 establish goals - and timetables for participation of minorities and women in the construe- _ tion industry. -These, regulations apply to all.Federally assisted con s in excess of $10,00.0. Grantee/Borrower shall comply con - struction contract with t h6sie regulations and shall obtain compliance with.41 CFR -60-4 from in the completion of the Project contractors and subcontractors employed bi including . such ,notices,-clauses and provisions in t he Solicitations for Offers or Bids as required by 41 CFR 60-4. -Coals and timetables for the participation of women in each trade area shall be-as 'follows: Goals Timetable (percent) From April 1, 1978 until March 31, 1979 3.1 From April 1, 1979 until March 31, 1980 5.0 From April 1, 1980 until March 31,31 1981 6.9 ��';�; ,� 0 0 ' Exhi bit "B" • - October 1, 1978 U. S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION Public Works and Development Faci 1 i ti es STANDARD TERMS AND CONDITIONS For the purpose of these Standard Terms and Conditions, the -term (a) "Government refers to the Economic Development Administration; (b) the term "Assistant Secretary" refers to the Assistant Secretary of Commerce for Economic Development;__: and (c) the term "Grantee /Borrower" refers to the undersigned recipient of Governmental funds whether receiving a Grant; a Loan; or a Grant and a Loan,: under.the agreement to which this is. an attachmen -t made a part thereof. The work, the facilities and /or the property, real or personal ,.which is financed wholly or in part by the Government hereby will be referred to as "the Project." :The Public Works and Economic Development Act of 1965 and its amendments.are hereinafter referred to as P. L. 89 -136. .Some of the terms and conditions herein contain by reference or substance a summary of the pertinent statutes or of regulations published in the Code of Federal Regulations. To the extent that it is a summary, such term or. condition is not in derogation of, or an amendment to, the regulation issued by a Federal agency_ All statutes or regulations whether or not referenced herein are to be applied as amended on the date they are administered. A. ..Statutory Requirements The Government shall be under no obligation to disburse funds unless the Grantee/Borrower is.in compliance with the following requirements: 1. The Grantee/Borrower shall comply, and require each of its. contractors ...and subcontractors employed in the completion of the project to comply with all applicable Federal, State, Territorial, and local laws, and in particular the following Federal lairs and regulations i ssiieO thereunder: a. The Public Works and Economic Development Act of 1965, as amended, P. L. 89 -136, 42 U.S.C. 3121, et seq, and regulations, 13 CFR, Chapter III; b. -The Davis -Bacon Act as amended (40 U.S.C. 276a -276a (5); 42 U.S.C. 3222, as amended)) c_ The Contract Work Hours Standards Act, as amended (40 U.S.C. 327 -333); d. The Copeland "Anti- Kickback" Act, as amended (40 U.S.C. 2r06 (c); (18 U.S.C. 874)); e.- Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 20004- 2000d -4), Executive Orders 11114, 11246 and 11375, 41 CFR Part 60 -4, P. L. 92 -65, Section 112, 13 CFR 311.40 -43 -2- as. amended, regulations issued pursuant to the Age Discrimination Act r-- of 1975, 42 U.S.C. 6101, et seq., when they become effective on or. after January 1, 1979, and such other civil rights legislation as is applicable; f. The Clean Air Act as amended (42 U.S.C. 7401, et se g.); g. The Federal Water. Pollution Control Act, as amended (33 U.S.C. 1251, et seq.); - = h. The Endangered Species.Act, as amended (16 U.S.C. 1531, et seq.); i. The Coastal Zone Management Act of 1972., as amended (16 U.S.C. 1451, et se g.); -j. The Safe Drinking dater Act of 1972,-as amended (42 U.S.C. 300f-j9); k. The Energy Conservation and.Production Act .(applicable to =con struction of new residential and commercial.structures) (42 U.S.C. 6801, et se g.); 1. The Wild and Scenic Rivers Act, as amended (16 U.S.C. 1271; et seq-);' eq . ); M. The Historical and Archeological Data Preservation Act, as amended (16 U.S.C. 469); n.,- Executive Order 11990, Protection of Wetlands (May 24, 1977); - o. Public Law 90 -480, as amended, (42 U.S.C. 4151, et se g.) and the regulations issued or to be issued thereunder, - prescribing standards for the design and construction of any building or facility intended to be accessible to the public or which may.result in the employment of handicapped persons therein; p. Section -504 of P. L. 93 -112 (29 .U.S.C. 794), and the implementing regulations in 15 CFR Part 15 as soon as such regulations become effective prohibiting discrimination against the handicapped under, programs or activities receiving Federal financial assistance; q. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P. L. 91 -646, as amended), (42 U.S.C. 4601, et seq.) and 13 CFR Part 310, as amended;` r. The Flood Disaster Protection Act of 1973, P. L. 93 -234, as amended, (42 U.S.C. 4002, et se g.) and regulations and guidelines issued thereunder by the U. S. Department of Housing and Urban Development and /or the Economic Development Administration; kn s. Office of Management and Budget Circular A -102 or A -110 as . applicable (A -102 is applicable to Governmental Grantees. A -110 is applicable to non - governmental grantees); -3- t. E.O. 11988, Floodplain Management, May 24, 1977, and regulations and guidelines issued thereunder by the Economic Development Administration; u. National Environmental Policy Act of 1969 (P. L. 90 -190); the National Historic Preservation Act of 1966 (16 U.S.C. 470); and Executive Order No. 11593 of May 13, 1971, and all pertinent rules and regulations issued thereunder; v. The Lead -based Paint Poisoning Prevention Act (42 1J.S.C. 4831) and the implementing regulation in 13 CFR 309.29. 2. If the. Project includes. sewer or other waste disposal facilities, EDA will not approve final plans and specifications, authorize advertising for bids, or disburse funds until. the7 Environmental y Protection Agency has issued a certificate as required by Section 106, P. L. 89 -136 (42 U.S.C. 3136). : 3. The Grantee /Borrower shall file the certification and agreements required by Section 711, P. L. 89 -136, as amended, (42 U.S.C. 3221) 13 CFR 309.7, as amended. 4. Prior to the disbursements by the Government-.of any loan funds pursuant to this agreement, the Grantee /Borrower must demonstrate to the satisfaction of the Government that funds are not otherwise available on terms which will permit the completion of the project as required by Section 201, P. L. 89 -136 (42 U.S.C. 3141). 5. The Grantee /Borrower warrants that the Project will be properly and effeciently administered, operated and maintained as required by Section 604, P. L. 89 -136 (42 U.S.C. 3204). Prior to construc- tion completion, the Grantee /Borrower shall submit evidence satisfactory to the Government that sufficient funds are available for requisite capital expenditures necessary to commence operations and to administer, operate and maintain the Project for its useful I i fe. B. General- Requirements 1. The-'Grantee/Borrower shall comply .with the administrative, pro- cedural�and policy requirements contained in the current edition of. the Economic Development Administration booklet, "Requirements for Approved Public Works Projects ", and the applicable regulations of the Economic Development Administration. 2. The Government reserves the right to suspend the grant or loan, and withhold further payments, or prohibit the Grantee /Borrower from incurring additional obligations, pending - .corrective action by - the Grantee / Borrower or a decision by the Government to terminate the grant or loan unless the Project is completed to the satisfac- tion of the Government. 4 8 ;' s4� -3. The Government shall have the right to terminate for cause all or any part of its obligation hereunder if: a. Any representation made by the Grantee / Borrower to the Government in connection with the application for Government assistance shall be incorrect or incomplete in any mate)hial respect. b. The Grantee/ Borrower fails to comply with the essential .condition of this Agreement, that it shall diligently pursue the development of this Project to ensure completion within the length of time proposed in the 'Offer. Failure to meet the schedule in the Offer-may cause the Government to terQ::. . urinate the. Offer of Grant. It -is expressly understood anti - agreed that the Grantee /Borrower shall notify the Regional Director in the event delays occur which substantially affect the accomplishment of the Project. c. The in-tent and purpose of the Project is clanged sub- stantially so as to significantly affect the accomplishment of the.Project as intended. -•-�. d: The Grantee /Borrower has violated commitments made by it in its application and supporting documents or has violated any of the terms or conditions of this Agreement. . e. Any official, employee, architect, attorney,_engineeY or inspector of or for the Grantee /Borrower Or any Federal, State or local.official or representative, becomes directly. or indirectly interested .financially in the acquisition-of any materials or equipment; or in any oonstruct%otr for the Project, or in the furnishings of any service to or in connection with the Project, or in any benefit ar-ising therefrom. f.° The Grantee /Borrower fails to report immediately to the, Government any change of authorized representative(s) - acting in lieu of or in behalf of the Grantee /Borrower. 4. The obligations hereunder may be terminated for convenience if: a. Both the Grantee /Borrower and the Government agree that continuat i on o f th e Project would not produce beneficial results commensurate with the further expenditure of funds. b. Both the Grantee/Borrower and the Government shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. c. The Grantee /Borrower agrees to incur no nevi obligations for the terminated, portion after the effective date and to cancel or satisfy all outstanding obligations as of that date. S. The Grantee/Borrower shall have the sole authority and full responsibility, without recourse to the Federal Government or any of its agencies, for the settlement and satisfaction of all contractual and administrative issues arising out of this grant and/or loan. 6. Except for such aspects as, but not limited to, zoning, building permits, and recording requirements, this Grant, Loan or Grant and Loan shall be governed by and construed unddr Federal law. 7.-.By acceptance of the Offer of Government assistance,- the Grantee/Borrower represents -that it has not paid, and also, agrees not to pay, any bonus or commission - for the purpose of obtaining an approval of its application for this assistance. C. Loan (Bond and/or Note) Requirements 1. Bonds and/or Notes a. The Grantee/Borrower shall initiate and Prosecute to completion all proceedings necessary to the authorization,, Assuance, and sale of the Bonds.and/or Notes to the security thereof. When said proceedings have been completed to the point of, but not including, the delivery of the Bonds and/or Notes to the Government, the Gran tee/Borrower may file a requisition requesting the Government to purchase the Bonds and/or Notes. The requisition shall be supported by such data as the Government shall require to determine whether the Government is obligated under the provisions of this Agreement to honor such requisition. If the Government is so obligated, it will purchase the Bonds and/or Notes covered by such requisitions, within the limitations, however, specified in this agreement. b.,-. The shall furnish the Government a transcript of proceedings for the authorization, issuance, sake and security of the Bonds and/or Notes evidencing that the Bonds and/or Notes, when delivered and paid for will constitute binding and legal obligations payable and secured in accordance with their tenor and that all proceedings for the financing and the acquisition, construction and develop- ment of the project preliminary to the delivery of the Bonds and/or Notes to the Government have occurred in -due time, form, and manner, as required by law. c. In the event that the Government, pursuant to its bid, is requested to purchase all or any part of the Bonds and/or Notes, the Grantee/Borrower.shall deliver upon closing one or more Bonds and/or Notes in principal amount(s) satisfac- tory to the Government, registered as to principal and interest in the name of the Government. s1 S ' 1. d. The Grantee /Borrower aarees that upon ninety (90) days written notice it will, at its own expense, issue in exchange for the Bonds held by the Government, coupon bonds of equal aggregate principal amount in denominations satisfactory to . the Government maturing as provided in the Bond Specification which Bonds shall be substantially in the form required by the Government. e. Simultaneously with the delivery of any Bonds and /or Notes to the Government,. the Grantee /Borrower shall furnish '. to-the Government from Bond and /or Note Counsel satisfactory to the Government an opinion which shall express its general . approval of all of the Bonds and /or Notes, and specifically and unqualifiedly the Bonds and /or Notes then -being delivered to the Government and shall state that said Bonds and /or Notes have been issued pursuant to all requirements of law and that paid Rnnds and /or Nntes_ when delivered and Daid for will constitute binding and legal obligations payable an.d secured in accordance with the tenor thereof and the terms and conditions of this Agreement.. f.. The Grantee / Borrower shall include in the proceedings for the authorization, issuance,.sale and security of the Bonds and /or Notes, provisions for the payment of the principal of and interest on the Bonds and /or. Notes and for the security thereof of.the nature required to assure such payment and to safeguard the loan hereunder, including, in case the Bonds and /or Notes are payable in whole or in part from any special" sources of revenues, provisions designed to assure the .pro- auction of such revenues and the application thereof to the extent required for the payment and security of the Bonds and /or Notes and interest thereon, including the maintenance of reasonable reserves. ' g. So long as the Government holds any of the Bonds and /or Notes, the Grantee /Borrower shall furnish operating statements. for the Project,-and any facilities, the revenues of which are* pledged to payment of the Bonds and /or Notes, in such form and substance for such periods as may be requested by the Govern- ment. h. The Grantee /Borroti:er shall during construction and there- after so long as the Government holds any Bonds and /or Notes, carry insurance, and during construction require each contrac- tor and subcontractor to carry insurance, of such types and in such amounts as the Government may specify with insurance carriers acceptable to the Government. i. If required by the Government, the Grantee/Borrower will enter into a Trust Agreement designating a bank acceptable to the Government as Trustee and containing such other terms and provisions as may be satisfactory to the Government. • E ik 1 t The Trust Agreement shall provide for the payment of all revenues from the Project into an account i-A th the Trustee with provisions for the payment of current expenses there- from and the transfer of the net remaining funds into appropriate additional accounts for the purpose of provid -'. ing a maintenance reserve,-funds for current bond and /or note service, reserves for bond and /or note service and. bond and /or note redemption, all in a manner and form acceptable to the Government. The funds in all such accounts shall be held.in trust and shall.-be secured as required by law for deposit of Government funds. j. In the event a Trust Agreement is not required by the Government, the Grantee/Borrower may be required by the Govern- ment to establish such accounts, perform such duties and comply with such terms and conditions as the Government might ordinarily require of.a Trustee in a Trust Agreement. k. The Grantee /Borrower'shall establish such accounts and maintain such accounting procedures as may be necessary or helpful in the accurate accounting for and segregation of Project revenues and for the allocation of expenses, costs of maintenance and overhead. 1. Moneys on deposit to -the credit of accounts and funds _ established and maintained in conformity with the provisions of this Agreement or to fund payments from net revenues may be invested upon request by the Borrower, in direct obligations of or obligations, the principal of and the interest on which are guaranteed by the U. S. Government. Any interest earned on deposits of grant funds in advance of costs incurred shall inure to the benefit of the Government.. m. So long as the Goverpment holds any of the Bonds acid /or Notes, it will waive for such Bonds and /or Notes the noncallable provisions,-redemption premiums, and publications and notice of call applicable thereto with respect to the Bonds and /or Notes held by the. Government. .n. This Agreement is not for the benefit of third parties, including the holders in due course.from time to time of any of the Bonds and /or Notes, and the Government shall be under no obligation to any such parties, whether or not indirectly interested in said Agreement, to pay any charges or expenses incident to compliance by the Borrower with any of its duties or obligations thereunder. or As long as the Bonds and /or Notes are held by the Government,. the* Grantee /Borrot•.er shall not dispose of its title to ' --see Pro-- .ject or to any useful part thereof without first obtaining the written consent of the Government. 4 p. To the extent of its interest in the outstanding principal amount of the Bonds and /or Motes and the accrued interest thereon the Government shall have a lien on the net revenues of the Pro - ject in addition to such other security as is specified in this • Agreement. layor Malone announced that the City would go into budget workshop session. Mayor Malone recognized Del Drake who appeared before the Council recommending increases in personnel and pay for Paris Police personnel.' Councilan Williams entered the Council Chambers and assumed his chair at the council table. The City Council discussed 1979 -30 budget items with the City staff. Mayor Malone announced that the City would go into executive session and the regular session was closed. Discussion was had on a contract with the City of Reno for sewer Service. ilayor PZalone declared the executive session closed and the regular session open. Mayor Malone announced that in the executive session discussion was had on the serving the City of Reno with sewer service. Councilman Francis made a motion that the City of Paris not serve the City of Reno with sewer treatment service. The motion was seconded by Councilman Williams and carried 4 ayes, Z nays, Councilman Burnett and Councilman Kyle voting nay. There being no further business, the meeting adjourned. MICHAEL E. HALONE, MAYOR ATTEST: H. C. GREENE, CITY CLERK MINUTES OF THE SPECIAL CITY COUNCIL MEETING May 19, 1979 i special meeting of the City Council was held May 19, 1979, 8:00 A.M. .,layor Malone called the meeting to order with the following Councilmen present: Billy Joe Burnett, Walter F. Williams, and W. C. Francis. Also present were City Manager, Robert W. Sokoll, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Malone announced that the first item of the agenda would be a report on the Infiltration /Inflow Sewer Report, but requested the Council to pass to item two at this time. A motion was made by Councilman Williams, seconded by Councilman Burnett to pass to item 2 on the agenda and carried 4 ayes, 0 nays. Mayor Malone announced that discussion would be had on the cooperative agree - ment with the State Department of Highways and Public Transportation in regard to Highway 24 widing and improvements from Evergreen Street South to the City Limits. fir. Paul Pitcock, 2275 Church Street appeared before the Council stating that he represented residents of Highway 24 South of Evergreen Cemetery. Mr. Pitcock advised that during heavy rains houses in the neighborhood were flooded and that water from the cemetery and the crest side of Church was drained into his area. fir. Pitcock advised that he would support curb and gutter assessment along the highway widening. -Drs. Jane Kennedy appeared before the Council stating that she and husband - ,ere in the process of constructing a Motel and Restaurant on the West side of ighway 24 and South of Loop 286 and were interested in the Highway project. Councilman Fisher entered the Council chambers and assumed his chair at the council table. Mr. Mike Burroughs, 2265 Church Street appeared before the Council supporting the Highway 24 project because of the drainage project involved and stated that he would support the curb and gutter assessment. Mr. John Crabtree, 2305 Church St., appeared before the Council stating that he would support the project. ' A motion was made by Councilman Williams to table the discussion, seconded by Councilman Burnett and to proceed to item one at this time. Motion carried 4 ayes, 0 nays. Councilman Williams requested to be excused from the Council Chambers. A motion was made by Councilman Fisher, seconded by Councilman Burnett to excuse Councilman Williams. Motion carried 4 ayes, 0 nays. Mr. Robert Hayter representing Hayter Engineering Inc., and Consulting Engineers for the Infiltration /Inflow Study appeared before the Council and presented a report on the Infiltration /Inflow. Mr. Hayter advised that facility plan needed to be prepared, and that the plan should be for the resent and future sewer needs to the year 2000 to serve 32,000 people. Fir. ayter advised that the present sewer treatment plant had a capacity of 6 million gallon daily and was presently permitted for 4.6 million gallons daily. Councilman Williams entered the council chambers and assumed his chair at the council table. Mr. Hayter advised once the facility plan had been presented to the Environmental Protection Agency that the Agency will establish priorities-of the facility plan and will make an offer of funds based on those priorities; the City may accept or reject the offer. After further discussion, a motion was made by Councilman Burnett, seconded by Councilman Williams to table any action required for the Infiltration /Inflow report. A motion was made by Councilman Francis, seconded by Councilman Fisher to take from the table the item concerning Highway 24 improvements. Motion carried 5 ayes, 0 nays. Mr. Richard Stauter, representing the State Department of Highways and Public Transportation and with the District Engineer Office of Paris, appeared before the Council to discuss the Highway 24 widening. Mr. Stauter discussed the drainage project involving City funds and stated that if the City did not wish to join in a cooperative agreement with the Department of Highways and Public Transportation that no improvements would be done to Highway 24 within the City Limits. After discussion, Resolution No. 1934 authorizing and directing the City flanager to enter into an agreement with the Department of Highway and Public Transportation and agreeing to participate in the Highway widening project was presented. A motion was made by Councilman Burnett, seconded by Council- man Williams for adoption of the Resolution. Motion carried 5 ayes, 0 nays. RESOLUTION NO. 1934 . WHEREAS, the City Council of the City of Paris did hereto- fore request assistance from the State of Texas to improve State Highway 24 from Farm to Market Road 1507 intersection to the South City Limit Line, being approximately 1. 2. miles; and, WHEREAS, the State Department of Highways and Public Transportation has agreed to build said project at a cost of $231, 000.00 to the City of Paris; and, WHEREAS, it is in the best .interest of the citizens of Paris to cooperate in said project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That State Highway 24 project from Farm to Market Road 1507 to the City Limit Line, being 1. 2 miles, be partici- pated in in an amount not. to exceed $231,_000. 00 and that the City Manager, Robert W. Sokoll, be, and he is hereby authorized and directed to execute Minute Order Number 75534, dated March 26, 1979, to indicate the City of Paris' agreement to part! cipate in this project. Passed and adopted this 19th day of May, 1979. ` Michael E. Malone, Mayor ATTEST: i i H. C. Greene, City Clerk APPROVED A O FORM: y T. K. anes, City Attorney Councilman Burnett made a motion authorizing the preparation of plans and specifications and advertising of bids for the sewer project concerning the widening of Highway 24 South, the motion was seconded by Councilman Fisher, and carried 5 ayes, 0 nays. A motion was made by Councilman Williams, seconded by Councilman Fisher to remove item one concerning the Infiltration /Inflow report from the table. Motion carried 5 ayes, 0 nays. Mr. Robert Hayter again appeared before the Council and advised that possible priorities at the State will establish from the facility plan were: 1. Items that would reduce flow in the present system; 2. Replacing lines too small- and worn out lines. Mr. Hayter estimated that bids could be received in March 1981 and estimated that earliest construction funds would be spent would be the last quarter of 1981. Mayor Malone announced that the City would no"., go into budget workshop with the City staff. Discussion was had on a gravel program included in the Revenue Sharing program. A committee was appointed of Councilman Williams and Councilman Burnett, and Councilman Fisher to make recommendations on the gravel program. A motion was made by Councilman Williams, seconded by Councilman Burnett to adjourn at 12:15 P. N. and reconvene at 1:15 P. M. for the Council work session. Motion carried 5 ayes, 0 nays. The Council reconvened at 1:15 P. M- far the _Council work session. At 2:45 P. M. Mayor F9alone announced that the Council would go into executive session to discuss personnel matters, and the regular session was declared closed. The Council discussed personnel matters. The executive session was declared closed and the regular session open. Mayor Malone announced that no business would be transacted concerning the executive session. There being no.-further business, the meeting adjourned. MICHAEL E. MA ONE, MAYOR ATTEST: H. C. GREENE, CITY CLERK MINUTES OF THE SPECIAL CITY COUNCIL MEETING Way 29, 1979 A special meeting of the City Council was held Tuesday, May 29, 1979.at 7:00 P. M. Mayor Malone called the meeting to order with the following Councilman present: George Fisher, Jr., Walter-F. Williams, W. C. Francis, Jim Farris, and Ron Kyle. Also present were City Manager, Robert 61. Sokoll, City Attorney, Haynes, and City Clerk, H. C. Greene. Mayor Malone announced that the first item on the agenda was a report on second year funding application for the Community Development Bock Grant program, and a public hearing therefore. Mr. Joe McCollum, Director of Community Development appeared before the Council and-presented the proposed second year project as follows: 1. Funds available: $657,193.30. 2. Application for the grant is to be submitted by June 1, 1979. 3: Activities which may be under taken with these second year funds and which were approved in the pre - application filed in May 1978 include the following: a. Rehabilitation of substandard single family homes to a standard condition. b. Construction of standard size 6" water mains to replace substandard mains. c. Construction of all weather street paving consisting of an 8" rock base material and a double penetration surface treatment on various streets. d. Parks improvements to Record Parks and Johnson Park including better lighting, picnic tables, shelters and fencing. 4. These activities are to be carried out in two Target Areas, generally the northwest and the northeast sections of the City. 5. In accordance with the Citizen's Participation Plan, citizen invoP.ement in the program is requested at a hearing on the second year - funding application which will be held before the City Council, Tuesday, May 29, 1979 at 7:00 P. M. in the City Hall, Council Room, Paris, Texas. Installation of 6" water mains and /or paving for the following streets: a. 8th N. W. - Campbell Street to Garrett Street; b. Long Street - 7th N. W. to 8th N. W. c. 15th N. 11. - Campbell Street to Henderson Street; d. 16th ". ii. - Campbell to Henderson; e. 17th N. 14. - Campbell to Henderson; f. 18th N. W. - Henderson South to end; g. 10th N. E. - Blake Road to Clement Road; h. Cherry Street - 3rd N. E. to 4th N. E.; i. 6th N. E. - Garrett to Hieko�:i; j. 7th N. E. - Hickory South to end;'k. Williams Street - 6th N. E. to 7th N. E.; 1. 1st N. E. - Pine Bluff to Booth; m. 12th N. E. - Blake to Hickory; n. Van Zant - Fitzhugh to 17th N. E. o. Johnson Street - 12th N. E. to 15th N. E.; p. Garret Street - 3rd N. E. to 7th N. E. Mayor Maione declared the public hearing open on second year funding application for Community Development Block Grant. Mayor Malone invited participation from the audiance and no one appeared to address the Council. Mayor Malone declared the public hearing closed. ` Resolution No. 1935 authorizing and directing the City Manager to execute on behalf of the City of Paris the application for second year funding under Community Development Block Grant Project. A motion was made by Councilman '=fisher, seconded by Councilman Williams for adoption of the Resolution. Motion .arried 6 ayes, 0 nays. RESOLUTION NO. 1935 FA WHEREAS, the City Council of the City of Paris did hereto- fore in Resolution No. 1853 authorize the application for funds for Community Development Block Grant projects; and, WHEREAS, a pre- application has been completed, and the City of Paris did in Resolution No. 1886 accept a grant for first year funding in the amount of $92, 806. 70; and, 4 a WHEREAS, the City of Paris has been invited to make appli- cation for second year funding under said Community Development Block Grant Project No. B- 79 -DN -48 -0076, in the amount of $657, 193. 30, and it is in the best interest of the City of Paris that said application be made; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, AS FOLLOWS: 1. That the City Manager of the City of Paris, Robert W. Sokoll, be, and he is. hereby au- thorized and directed to execute on behalf of the City of Paris the application for second year funding under Community Development Block Grant Project No. B- 79 -DN -48 -0076, in the. amount of $657, 193. 30, in the form attached hereto as Exhibit A. 2. That the City Manager, Robert W. Sokoll, be, and he is hereby authorized and directed to execute and deliver on behalf of the City of Paris all other pre - applications, applications, communications, instruments, assurances and documents necessary for the completion . of said project. 3. That Joe N. McCollum, Director of Community Development, is directed to continue to function as Project Director for Community Development Block Grant Projects. Passed and adopted this 29th day of May, 1979. Michael E. Malone, Mayor ATTEST: J H. C. G.Aeene, City Clerk APPROVED TO FORM: T. K.-Haynes, City Attorney 4 '. F Mayor Malone called for a report from the City Manager on the proposals received at 10:00 A. M., May 29, 1979 on the accounting firms for auditing purposes. The City Manager advised that he and Director of Finance Greene had received the proposals and after deliberations recommended that the firm of McClanahan & Holmes be retained to perform the audit for the fiscal ,__year ending June 30, 1979. A motion was made by Councilman Fisher, seconded by Councilman Farris approving the recommendation of the City Manager. Motion carried 6 ayes, 0 nays. Councilman Burnett entered the council chambers and assumed his seat at the council table. City Manager SokolI pregented the 1979 -80 Proposed Budget and requested a public hearing as required by tity Charter. A motion was made by Councilman Williams seconded by Councilman;Burnett to call for a public hearing 7:00 P. P1. June 18, 1979 on the proposed budget.. Motion carried 7 ayes, 0 nays: Mayor Malone called for a committee report from the ambulance service.. Councilman Fisher reported that the Committee had met along with the County Judge, Brady Fisher and also attending the committee meeting were officials from McCuistion Regional Medical Center. Councilman Fisher stated that among other recoimenda- tions that the committee had recommended an audit of the amblance service periodically and also had recommended the rate schedule.- Co'Uhcilman.Fisher requested that Fire Chief, Steve Burgin address the Council on some of the proposals. Chief Burgin appeared before the Council and discussed recommended contract provisions along with rate schedules. After discussion, a motion was made by Councilman Farris, seconded by Councilman Kyle authorizing the advertisement of bids for ambulance service including the recommended rate schedules. Motion carried 7 ayes, 0 nays. ^,There being no further business, the meeting adjourned. i CH EL E. MALONE, MAYOR ATTEST: H. C. GREENE, CITY CLERIC ., v MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL June 11, 1979 The regular meeting of the City Council of the City of Paris was held Monday, June 11, 1979 at 7:00 P. M. Mayor Malone called the meeting to order with the following Councilmen Ares - --nt: B. J. Burnett, George Fisher, Jr., Walter F. Williams, and Ron Kyle. Also present were City Manager, Robert W. Sokoll, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Prayer was offered by Rev. Guttierrez, pastor of Oak Park Methodist Church. Mayor Malone ask if there were any corrections to the minutes of previous meetings furnished to the Council members. There being none, the minutes were approved. Mayor Malone announced that the first order of business would be consideration of recommendations made by the Planning and Zoning Commission. Mayor Malone declared the public hearing open on the petition of Jack Echols for a change in zoning from a One Family Dwelling District No 2 to a Neighborhood Service District on Lot 10, Block 1, Highland Park Addition located at 1965 Cleveland Street. Mayor Malone ask for proponents to appear and Mr. Jackie Echols appeared in his behalf stating that he wished to establish a Beauty shop in the residence. Mayor Malone ask for opponents to appear, and none appeared, and the public hearing was declared closed. Councilman W. C. Francis entered the Council chambers and assumed his seat at the council table. ORDINANCE NO. 2444 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; - ESTABLISHING A NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 10,BLOCK 1, HIGHLAND PARK ADDITION, ON PROPERTY BELONGING TO JACK ECHOLS SO AS TO INCLUDE THEREIN TERRITORY MORMERLY DESIGNATED AS A ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED. was presneted. A motion was made by Councilman Fisher seconded by Councilman Burnett for approval of the Ordinance. Motion carried 6 ayes, 0 nays. Mayor Malone declared the public hearing open on the petition of Jack Denman Tor a change in zoning from a One family dwelling district No. 2 to a Two Family Dwelling District on a 5.2 acre tract of land located at the end of Kessler Drive, 172 feet west of 29th N. E. Mayor Malone called for proponents to appear and Mr. Jack Denman appeared in his behalf stating that he wish to develope 18 lots at the present time. Mayor Malone called for opponents to appear, and none appeared, and the public hearing was declared closed. 50-1 ORDINANCE NO. 2445 AN ORDINANCE A14ENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS TEXAS, AND CHANGING THE BOUNDARIES BY THE ZONING MAP OF SAID CITY; ESTABLISHING A TWO - FAMILY DWELLING DISTRICT (2F) ON A 5.2 ACRE TRACT OF LAND LOCATED AT THE END OF KESSLER DRIVE, 172 FEET WEST ON 29TH STREET, N. E., ON PROPERTY BE- LONGING TO JACK W. DENMAN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DE- SIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE TWO- FAMILY DWELLING DISTRICT(2F) SO ESTABLISHED. was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption. Motion carried 6 ayes, 0 nays. Mayor Malone declared the public hearing open on the petition of Mr. and Mrs. Marvin Paul Nash for a change in zoning from a One Family Dwelling District No 2 to a Commercial District on Lot 7, City Block 204 located on the South- west corner of Bonham St., and 21st S. W. Mayor Malone called for proponents to appear and-Mr. Brad Hutchison, Attorney appeared on behalf of the petitioners stating that a car wash was proposed for the site with masonary construction. Mr. Hutchison presented a site plan of the area. Upon questioning, City Attorney Haynes advised that it was his opinion that the zoning requested was spot zoning. Mr. Hutchison stated that it was his opinion that the tenor of the neighborhood was such that the change would not be spot zoning. Mayor Malone called for opponents to appear, and Mrs. V. E. Green, 2100 Bonham Street appeared stating that a car wash would be an all night business, would be noisy, and would be a hangout for undesirables. Mr. James Fair appeared before the Council stating his opposition to the rezoning. Mr. Gary Nash appeared before the Council stating that this venture had no connection with First Federal Savings & Loan with whom he is employed. Mr. Glen Nash appeared before the Council.speaking in favor of the petition. Mayor Malone declared the public hearing closed. Mr. Hutchison again appeared before the Council stating that if spot zoning is the question that he requested the petition be tabled until a petition to be presented at this meeting by John Wright was passed on. After discussion, a motion was made by Councilman Williams, seconded by Councilman Burnett referring back to the Planning and Zoning Commission the petition. After discussion, Councilman Williams withdrew his motion as did the second by Councilman Burnett. After further discussion, a motion was made by Councilman Williams, seconded. by Councilman Kyle to table the request. The motion carried 6 ayes, 0 nays. Mayor Malone declared the public hearing open on the petition of Glen Plash and H. P. Gurley for a change in zoning from a One Family Dwelling District No. 2 to a General Retail District on the north 275 feet of lots 20 and 21, City ,Block 249 located on the south side of Lamar Avenue approxamately 372 feet east of Collegiate Drive. 502 Mr. Glen Nash appeared in behalf of the petitioners stating that %h_y fiad ro immediate plans for the property, but felt that retail was the best use for the north part of it and residential for the south part. Mayor Malone called for opponents to appear, and none appeared, and the public hearing was declared closed. ORDINANCE NO. 2446 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISH- ING A GENERAL RETAIL DISTRICT ON THE NORTH 275 FEET OF LOTS 20 AND 21 CITY BLOCK 249, ON PROPERTY BELONGING TO GLEN NASH AND H. P. GURLEY, SO AS TO INCLUDE THERE- IN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) SO ESTABLISHED. was presented. A motion, was made by Councilman Burnett, seconded by Councilman Fisher for approval of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Malone declared the public hearing open on the petition of W. D. McGuiness and Morgan Johnson for a change in zoning from a One Family Dwelling District No 2 to a General Retail District on the North - 435 feet of Lots 18A and 19, City Block 249, located on the southeast corner of Collegiate Drive and Lamar Avenue. Mayor Malone called for proponents to appear, and Mr. W. D. McGuiness appeared in behalf of the petitioners stating that the request was for promotional purposes. Mr. Odis Hocker, son -in -law of Mr. Morgan Johnson appeared before the Council stating that he suported the position of Mr. Johnson and requested approval of the zoning change. Mayor Malone called for opponents to appear and none appeared, and the public hearing was declared closed. ORDINANCE NO. 2447 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISH- ING A GENERAL RETAIL DISTRICT (GR) ON THE NORTH 435 FEET OF LOTS 18A AND 19, CITY BLOCK 249, ON PROPERTY BELONGING TO MORGAN JOHNSON AND W. D. MCGUINNESS,'SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) SO ESTABLISHED. was presented. A motion was made by Councilman Fisher, seconded by Councilman Burnett for approval of the Ordinance. The motion-carried 6 ayes, 0 nays. Mayor Malone declared the public hearing open on the petition of James Moseley, Robert Moseley and Ray Jones for a change in zoning from a General Retail District to a Planned Development District - Shopping Center on Lots 23 and 24, Block A, Jefferson Heights Addition located on the south side of Loop 286 S. E. between F.M. 1507 and F.M. 905. Mayor Malone called for proponents to appear and Mr. Robert ;Moseley appeared in behalf of the petitioners stated that fourteen mini warehouses were planned for the area. N Z. L ' w Mr. Joe NcCoilum, Director of Community Development appeared before the Council stating that a site plan had been presented and was adequate. Mayor Malone called for opponents to appear, and none appeared, and the public hearing was declared closed. )RDINANCE NO. 2448 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PLAHNED DEVELOPMENT DISTRICT SHOPPING CENTER(PD -a) ON LOTS 23 AND 24, BLOCK A, JEFFERSON HEIGHTS ADDITION,- ON PROPERTY BELONGING TO JAMES MOSELEY, ROBERT MOSELEY AND RAY JONES, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A GENERAL RETAIL DISTRICT (GR); AND DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT DISTRICT, SHOPPING CENTER (PD -a), SO ESTABLISHED. was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for approval of the Ordinance. The Motion carried 6 ayes, 0 nays. Mayor Malone declared the public hearing open on the petition of Terry Shannon for a change in zoning from a One Family Dwe11-Ing District No. 2 to an Office District on Lot 8, City Block 296, located at 3215 Lamar Avenue. Mayor Malone called for proponents to appear and Mr. Terry Shannon appeared in his behalf requesting that action be tabled at this time on the petition. A motion was made by Councilman Williams seconded by Councilman Burnett to proceed with the hearing. The motion carried 4 ayes, 2 nays. Councilman Kyle and Councilman Fisher voting nay. —° Mayor Malone announced that the public hearing would proceed. iayor Malone called for opponents to appear and fir. Ray Wunsch appeared stating that he was speaking for eight persons present in the audience; that they had six times before fought spot zoning in the area. Mr. Tony Athas appeared before the Council opposing the zoning change and requesting that action be taken on zoning at this meeting and that it not be tabled. Mr. Jim Hutchings appeared before the Council stating that in his opinion it appeared as if Lamar Avenue is retail or commercial. Mayor Malone . declared the public hearing closed. After questioning by the Council the City Attorney Haynes expressed his opinion that to rezone would be spot zoning. ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO.1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING HAP OF SAID CITY; ESTABLISHING A OFFICE DISTRICT ON LOT 8, CITY BLOCK 296, ON PROPERTY BELONGING TO TERRY SHANNON SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING ,—AISTRICT NO 2 TO AN OFFICE DISTRICT; AND DESIGNATING THE BOUNDARIES OF THE OFFICE DISTRICT SO ESTABLISHED. 504 was presented. Mayor Malone stated that due to the negative action of the Planning and Zoning Commission that approval by the City Council would take a three quarter vote to reverse the recommendations of the Planning and Zoning Commission. A motion was made by Councilman Williams, seconded by Councilman Kyle to deny the zoning change. The Motion carried 6 ayes, 0 nays. The final plat of Valley View Addition No. 2 was presented by the City Manager. The.Council was advised of storm sewer problems should the final plat be approved. After discussion, a motion was made by Councilman Burnett, seconded by Councilman Kyle to deny the approval of the final plat. Motion carried 6 ayes, 0 nays. A motion was made by Councilman Fisher, seconded by Councilman Williams to take from the table.:the petition of Wayne and Gene Brown for a change in zoning from an Office and jWb. FamiYly belling District and Specific Use Permit - Home for the Aged to:a Mujt 'Family Dalelling District_No*i 1 on a 5.36 acre tract of land located between Neatherly Street and East Sherman Street at 13th S. E. The Motion carried 6 ayes, 0 naysi The Council was advised of a report from Hayter Engineering Inc. stating that the development of the area would increase the flow of storm water by 5 to -10 %. After discussion, a motion was made to defer action on the petition by Council- man Francis, seconded by Councilman Williams. The Motion carried 6 ayes, 0 nays. Mayor Malone called for the reading of a previously authorized Ordinance for stop signs on Henderson at 19th N. W. ORDINANCE NO. 2449 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS BE AMENDED BY REVISING THE TRAFFIC- CONTROL DVICE HAP ADOPTED IN PARAGRAPH (b) OF SECTION 29 -80 OF SAID CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1979. was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Ordinance. The Motion carried 6 ayes, 0 nays. Mr. Gene Anderson, 831 17th S.'E. appeared before the Council and presented the following petition: "Ile the undersigned property owners, between the 600 block and 900 block along 17th Street Southeast, respectably request the Council's attention to the deplorable condition of the storm sewers and drain ditches in this area. There are no workable storm sewers along that area of 17th Street Southeast, and the small drain ditch between 17th Street and 18th Street is filled in to the point that it will not carry the surface drainage from an average spring rain. Therefore it is totally inadequate to carry the run -off from rains such as those experienced during the month of May of this year. This condition has grown worse since so many shopping areas have been built in this watershead. This flooding condition has grown to the point that the property is this area suffers some degree of damage everytime we'have a rainstorm of any size. i 505 We the property owners in this area respectably request that the City of Paris install adequate drains to protect our property from flooding." Mr. Anderson stated that the residences in the area opposed the zoning change requested by Wayne and Gene Brown, and that the drainage ditch which drained the area and the vicinity of 17th Street Southeast needed enlarging from Clarksville St. to Jackson Street, and that the bridges in the area were inadequate. Mr. Robert Foreman appeared before the Council'stating that he was not opposed- to the zoning, but was opposed to anything that would create more flooding in the area. After discussion, Mayor Malone appointed a committee composed of Councilman Francis, Councilman Kyle, and Mayor Malone to study the drainage situation in the area of 17th Street S. E. Mrs. Ivy O'Brien, 807 17th S. E., also appeared before the Council in regard to the drainage in the area. A motion was made by Councilman Williams, seconded by Councilman Fisher t€ consider the petition of Wayne and Gene Brown for a change in zoning deferred earlier in this meeting. Motion carried 6 ayes, 0 nays. ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PLANNED DEVELOPMENT DISTRICT, HOUSING DEVELOPMENT OR COP1UNITY UNIT DEVELOPMENT (PD -b), ON A 5.36 ACRE TRACT OF LAND BETWEEN NEATHERY STREET AND EAST SHERPIAN STREET AT 13TH STREET, S. E. ON PROPERTY BELONGING TO WAYNE BROWN AND GENE BROWN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN OFFICE DISTRICT (0), TWO - FAMILY DWELLING DISTRICT (2F) AND A SPECIFIC USE PERMIT, HOME FOR THE AGED (20); AND DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT DISTRICT, HOUSING DEVELOPMENT OR CQMMUNITY UNIT DEVELOPMENT (PD -b), SO ESTABLISHED. was presented. A motion was made by Councilman Burnett, seconded by Councilman Kyle to table action on the petition. Motion carried 6 ayes, 0 nays. Mayor Malone announced the next item on the agenda was consideration of drainage problems in the northeast portion of the City in the vicinity of Robin Road and 34th Street N. E. . Mr. Norman Seeliger appeared before the Council stating that he appeared in be- half of the Pine Village Neighborhood Association and presented a petition containing 290 names as follows: "We, the undersigned citizens of Paris and homeowners, and members of Calvary Church within the area bounded by East Houston, 32nd Northeast, Pine Mill Road and 35th Northeast, present this petition to the City Council of Paris, Texas. In the recent past we have notice a marked increase in the amount of water drainage through our area to the extent that several houses have been flooded with water during moderate to heavy rains. We feel that the increase in the volume of water drainage is a direct result of new housing construction in our area without appropriate measures being taken by the City of Paris to provide adequate drainage systems. V r. 6 The undersigned respectfully request that the City Council of Paris take immediate action to alleviate this flooding in our area of the City before continuing any further private or public construction." - Gary Patterson, 3415 Robin Road appeared before the Council and made a map presentation of the drainage problem in the area from 31st. Street east to the Loop, and East Houston to the north. Mr. Chuck Bally appeared before the Council requesting that immediate action be made concerning drainage in the area. Mrs. Ruth Smith appeared before the Council also in support of drainage in the area. Mr. Bruce Hood, 3340 Robin Road appeared before the Council stating that he had had no flooding in the past 10 years until this Spring and that he felt that his problem came from water from 31st S. E. Mayor Malone referred the matter to the committee appointed earler to study the drainage problem. City Manager Sokoll requested authorization for the preparation of an Ordinance removing $1.00 landfill charge from the water bills. A motion was made by Councilman Williams, seconded by Councilman Fisher for approval of the request. The motion carried. 6 ayes, 0 nays. City Manager Sokoll requested authorization for preparation of an Ordinance re- imposing 1% Sales Tax on residential Gas and Electricity. A motion was made by Councilman Fisher, sr-oned by Councilman Kyle for approval of the request. The Motion carried 6 ayes, 0 nays. Ciyt Manager Sokoll requested authorization for preparation of an Ordinance for staffing changes in the Police and Fire Department as reflected in the proposed 1979 -80 Budget. A motion was made by Councilman Burnett, seconded by Councilman Fisher approving the request. Motion carried 6 ayes* 0 nays. Resolution No. 1936 re- appointing Edmon Castleberry, Mrs. Frank Fuller, and Mrs. Herbert Turner, as members of the Band Commission was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Resolution. The motion carried 6 ayes, 0 nays. L. 1. s/ RESOLUTION NO. 1936 . WHEREAS, Ordinance No. 873, passed by the City Council of the City of Paris, on October 29, 1929, provided for the appoint- ment of a Band Commission by the Mayor of the City of Paris, to be confirmed by the City Council of the City of Paris; said Band Commission"to be composed of three (3) members; and, WHEREAS, the terms of office of Edmond Castleberry, Mrs. Frank Fuller and ' Mrs. Herbert Turner, as members of said Band Commission will expire on June 30, 1979; and, WHEREAS, the Mayor of the City of 'Paris, Michael E. Malone, has re- appointed Edmond Castleberry, Mrs. Frank Fuller and Mrs. Herbert Turner, to serve as members of said Band Commission for a term of one (1) year, beginning July 1, 1979 and ending June 30, 1980; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the re-- appointments of Edmond Castleberry, Mrs. Frank Fuller and Mrs. Herbert Turner, made by the Mayor of the City of Paris, Michael E. Malone, be, and the same are hereby approved and confirmed by the City Council of. the City of Paris. Passed and adopted this 11th day of June, - 1979. Michael E. Malone, Mayor f ATTEST: H: . Gr ene,, City Clerk APP OVED TO FORM: T. K. aynes, City Attorney Resolution No. 1937 re- appointing Dee Cunningham and John W. Williams, Jr. to the board of adjustment for a period of two years beginning July 1, 1979. was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Resolution. Motion carried 6, ayes, 0 nays. �C3 RESOLUTION NO. 1937 WHEREAS, the terms of office of Dee Cunningham and John W. Williams, Jr. , as alternate members on the Board of Adjustment- will expire on June 30, 1979; and, WHEREAS, it is necessary to fill the vacancies which will be created by the expiration of their terms; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Dee Cunningham and John W. Williams, Jr. ; be, and they are hereby re- appointed as alternate members of the Board of Adjustment, to serve for a term of two (2) years, beginning July 1, 1979 and ending June 30, 1981. Passed and adopted this 11th day of June, 1979. iC Michael E. Malone, Mayor ATTEST: ti ;. H. C. reen . ; City Clerk APP OVED TO FORM: T. K. Haynes, City Attorney s Resolution No. 1938 re- appointing F. I. McClanahan, James R. Moore and Nadine Ausbie as members of the Board of Commissioners of the Housing Authority of the City of Paris was presented. A motion was made by Councilman Williams seconded by Councilman Burnett for adoption of the Resolution, the motion carried 6 ayes, 0 nays. .,- 5G9 RESOLUTION NO. 1938 . WHEREAS, the terms of office of F. I. McClanahan, James R. Moore and Nadine Ausbie on the Board of Commissioners of the Housing Authority of the City of Paris, will expire on June 30, 1979; and, WHEREAS, it is necessary to fill the vacancies which will be created by the expiration of their terms; and, WHEREAS, it has been recommended to the City Council by the Mayor, Michael E. Malone, that F. I. McClanahan, James R. Moore and Nadine Ausbie be re- appointed to the Board of Commissioners of the Housing Authority of the City of Paris, for a term of two (2) years, beginning June 1, 1979 and ending June 30, 1981; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That F. 1. McClanahan, James. R. Moore and :Nad.ine Ausbie, be, and they are hereby re- appointed as members of the Board of Commissioners of the Housing Authority of the City of Paris, for a term of two (2) years, beginning July 1, 1979 and ending June 30, 1981. Passed and adopted this 11th day of June, 1979. r Michael E. Malone, Mayor ATTEST: t H. C. Greene, City Clerk AP ROVE TO FORM: T. K. aynes, City Attorney Resolution fro. 1939 re- appointing Lucy Terpening, Clark Estes, Jr., and Lee C. Pruitt as members of the Planning and Zoning Commission for a period of three year beginning July 1, 1979 was presented. A motion was made by Councilman Fisher, seconded by Councilman Burnett for adoption of the Resolution. .notion carried 6 ayes, 0 nays. c _c RESOLUTION NO. 1939 . WHEREAS, the terms of office of Lucy Terpening, Clark Estes, Jr. and Lee C. Pruitt, as members of the Planning and Zoning Commission of the City of Paris, will expire on June 30, 1979, and it is necessary to appoint their successors, and the Mayor of the City of Paris, Michael E. Malone, having re- appointed Lucy Terpening, Clark Estes, Jr. and Lee C. Pruitt, to serve on the Planning and Zoning Commission of the City of Paris for a term of three (3) years, beginning July 1, 1979 and ending June 30, 1982, and has sub- mitted the names of such persons to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the re- appointment. of Lucy Terpening, Clark Estes, Jr. and Lee C. Pruitt, to serve as members of the Planning and Zoning Commission of the City of Paris, for a term of three (3) years, beginning July 1, 1979 and ending June 30, 1982, is by the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this 11th day of June, 1979. Michael E. Malone, Mayor ATTEST: H. C. Grieepe, City Clerk 1 APP OVED TO FORM: T. K. Haynes, City Attorney Resolution No. 1940 re- appointing Harvey Cavender as a member of the Traffic Commission for a period of three years beginning July 1, 1979 was presented... A motion was made by Councilman Fisher, seconded by Councilman Williams for adoption of the Resolution. The motion carried 6 ayes, 0 nays. 511 RESOLUTION NO. 1940 WHEREAS, the term of office of Harvey Cavender, as a member of the Traffic Commission of the City of Paris, will expire on June 30, - - -. 1979; and, WHEREAS, the Mayor of the City of Paris, Michael E. Malone, -- has re- appointed Harvey Cavender and submitted his name to the City Council of the City of Paris to be approved and confirmed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE. CITY OF PARIS, That the re- appointment of Harvey Cavender, to serve as a member of the Traffic Commission of the City of Paris, for a term of three (3) years, beginning July 1, 1979 and ending June 30, 1982, be, and the same is hereby approved and confirmed by the City Council of the City of Paris. Passed and adopted this 11th day of June, 1979. t ' Michael E. Malone, Mayor ATTEST: H. C. Gr ene - City Clerk APPROVED TO FORM: .T. �. Hayn , City Attorney City Manager Sokoll requested authorization to advertise for bids for one police patrol car. A motion was made by Councilman Burnett, seconded by Councilman - Fisher, approving the request. The motion carried 6 ayes, 0 nays. Mr. Robert Hayter, Hayter Engineering, Inc., appeared before the Council and explained a program offered by the Environmental Protection Agency concerning the Infiltration /Inflow Study. Mr. Hayter stated that the public information program was being offered to assist the City to disseminate information to the public on the Infiltration /Inflow; that the program would be on a 75% cost reimbursement'basis by EPA, and that the program would be of a duration of approximately six months. After discussion a motion was made by Councilman Fisher, seconded by Councilman Burnett not to particapate in the program. The motion carried 6 ayes, 0 nays. Resolution No. 1941 authorising the City Manager to execute a contract with Texas Department of Community Affairs, for $30,225.00 grant for Park refurbish- ing repair and improvements program was presented. A motion was made by Council- man Williams, seconded by Councilman Fisher for approval of the Resolution. The motion carried 6 ayes, 0 nays. �12 RESOLUTION NO. 1941 . WHEREAS, the City Council of the City of Paris is of the opinion that the parks of the City of Paris are in need of refurbishing, repair and improvements; and, WHEREAS, the Texas Department of Community Affairs, Youth Services Division, is administering for the State of Texas, the Young Adult Conservation Corps, which provides for the employment of youth from age 16 through 23, who have been unemployed for thirty (30) days and who have not completed the last grade in which they were enrolled; and, WHEREAS, it is in the best interest of the City of Paris that it make application for and participate in the Young Adult Conservation Corps; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, AS FOLLOWS: 1. That the City of Paris process an application for funds from the Texas Department of Community Affairs, Youth Services Division, for a grant in the amount of $30,255. 00 for park refurbishing, repair and improve - mentg program for the City of Paris. 2. That Warren G. Leddick, Director of Parks and Recreation, be, and he is hereby appointed Project Director. 3. That H. C. Greene, Director of Finance of the City of Paris, be, and he is hereby appointed Financial Officer of said project. 4. That Robert W. Sokoll, City Manager, be, and he is hereby authorized and directed to execute and deliver on behalf of the City of Paris the necessary applications, communications, instruments and documents necessary for the completion of said project. Passed and adopted this 11th day of June, 1979. Michael E. Malone, Mayor ATTEST: r H. C. Gre ne, City Clerk APPROVED AS - FORM: T. K. ynes, City Attorney 513 City Manager Sokoll advised the Council that ambulance service bids would be opened at 10:00 A. M. on Wednesday, June 27, 1979, and considered by the Council at 5:15 P. M. Wednesday, June 27, 1979. Mayor Malone announced that the Council would go into executive session to discuss personnel matters, pending claims, and legal matters. Legal matters were discussed by the City Attorney, and personnel matters were discussed. The executive session was declared closed and the regular session open. A motion was made by Councilman Williams, seconded by Councilman Fisher calling for a special meeting on June 19, 1979 at 7 :00 P..M., at City Hall to discuss shared services with the County Commissioners Court. The motion carried 6 ayes, o nays. There being no further business, the meeting adjourned. MICHAEL E. MALONE, PIAYOR ATTEST: H. C. GREENE, CITY CLERK t MINUTES OF THE SPECIAL CITY COUNCIL MEETING June 18, 1979 A special meeting of the City Council was held June 18, 1979 at 7:00 P. M. City Hall. Mayor Malone called the meeting to order with the following Councilmen present: Billy Joe Burnett, Walter F. Williams, George Fisher, Jr., W. C. Francis, Ron Kyle, and Jim Farris. Also present were City Manager, Robert W. Sokoll, City Attorney, T. K. Haynes and City Clerk, H. C. Greene. Mayor Malone announced that the purpose of the special meeting was to -onduct a public hearing on the Proposed Budget for the 1979 -80 fiscal year. Mayor Malone declared the public hearing open on the Proposed Budget. Mr. Jessee Hail appeared before the Council requesting Street repairs and improvements to three and four hundred block of Provide Street and Proving Alley, and on.4th Street N. W. from Provide Ailey to Grove Street. fir. Hall stated that water pressure was also low in the area. A motion was made by Councilman Williams, seconded by Councilman Burnett to continue the public hearing. The motion carried 7 ayes, 0 nays. Mayor Malone requested the Council's consideration of a previously authorized Ordinance removing the $1.00 sanitation charge from utilities bills. ORDINANCE NO. 2450 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXP.3, PROVIDING FOR THE REPEAL OF ARTICLE IV, CHAPTER 14; WHICH PROVIDED FOR THE SOLID WASTE SERVICE CHARGE OF THE CITY OF PARIS, PARIS, TEXAS, AND 'DECLARED THE SAME TO BE NULL AND VOID AND OF NO EFFECT. was presented. A motion was made by Councilman Williams, seconded by Council - man Fisher for approval of.the Ordinance. Motion carried 5 ayes, 2 nays. Councilman Farris, Councilman Kyle voting nay. Mayor Malone invited the Council's attention to a previously authorized Ordinance re- imposing 1% Sales Tax on residential gas and electricity. ORDINANCE NO. 2451 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, REIMPOSING THE TAX IMPOSED BY THE LOCAL SALES AND USE TAX ACT (ARTICLE 1066c VERNON'S CIVIL STATUTES) ON THE SALE AND DISTRIBUTING OF GAS AND ELECTRICITY FOR RESIDENTIAL USE IN SAID CITY; REPEALING ORDINANCE NO. 2406 OF THE CITY OF PARIS AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. was presented. A motion was made by Councilman Fisher, seconded by Councilman Williams for approval of the Ordinance. The motion carried 7 ayes, 0 nays. Mayor Malone invited the Council's consideration of a previously authorized Ordinance allowing organizational changes in the Fire Department. 515 ORDINANCE NO. 2452 AN ORDINANCE OF THE CITY OF PARIS, PARIS TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS BE AMENDED BY REVISING SECTION 12 -1 OF SAID CODE; PROVIDING FOR THE COMPOSITION-OF THE PARIS FIRE DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN.EFFECTIVE DATE OF JULY 1, 1979. was presented.. A motion was made by councilman Burnett seconded by Council- man Williams for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. Mayor Malone invited the Council's consideration of an Ordinance concerning the organization of the Police Department. ORDINANCE NO. 2453 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS TEXAS BE AMENDED BY REVISING SECTION 25 -1 OF SAID CODE; PROVIDING FOR THE COMPOSITION OF THE PARIS POLICE DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1979. was presented. A motion was made by Councilman Burnett, seconded by Council- man Farris for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 1942 authorizing transfer of certain amounts from and to Deparuaents within the General Fund and Revenue Share Fund was presented. A motion was made by Councilman Farris, seconded by Councilman Fisher for approval of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 1942 WHEREAS, certain expense and capital outlay accounts have experienced unexpected expenditures in excess of budget appropria- tions in the 1978 -79 fiscal year as follows: GENERAL FUND GENERAL GOVERNMENT: Judicial $ 2,000.00 PUBLIC SAFETY: Fire 8,000.00 Total $10,000.00 REVENUE SHARE FUND PUBLIC SAFETY: Fire $ 400.00 PUBLIC WORKS: Garage 100.00 COMMUNITY DEVELOPMENT: Community Development 25.00 Total $ 525.00 GRAND TOTAL $10,525.00 AND, WHEREAS, the following accounts in the amounts shown therein as follows: GENERAL FUND PUBLIC WORKS: Sanitation $10,000.00 REVENUE SHARE FUND PUBLIC WORKS: Parks and Recreation $525.00 are unincumbered; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Director of Finance;: H. C. Greene, be, and he is hereby authorized and directed to transfer from the following ac- counts the amounts shown therein: GENERAL FUND PUBLIC WORKS: Sanitation $10,000.00 REVENUE SHARE FUND PUBLIC WORKS: Parks and Recreation $525.00 being the total sum of $10,525. 00, to be credited to the following accounts: GENERAL FUND GENERAL GOVERNMENT: Judicial PUBLIC SAFETY: Fire Total REVENUE SHARE FUND PUBLIC SA FETY: Fire PUBLIC WORKS: Garage COMMUNITY DEVELOPMENT: Community Development Total GRAND TOTAL $ 2,000.00 8,000.00 $ 400.00 100.00 25.00 $ 525.00 $10,525.00 Passed and adopted this 18th day of June, 1979. ichael E. Malone, Mayor .a ATTEST: H: Gr ene; City Clerk APP OVED A TO FORM: T. K. aynes, City ttorney 511 513 City Manager Sokoll requested consideration of the Council. declaring the necessity for construction of Pine Mill Road N. W. - West to 30th Street S. E. and declaring the same gutter assessment project, was presented. ORDINANCE NO. 2454 on an Ordinance from Loop 286 to be a curb and AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF A CERTAIN STREET AND PORTIONS THEREOF IN THE CITY OF PARIS; ADOPTING PLANS AND SPECIFICATIONS FOR SUCH WORK; AUTHORIZING THE -CITY MANAGER TO ADVERTISE FOR BIDS FOR SUCH WORK; DIRECTING THE PREPARATION OF FINAL ESTIMATES; INVOKING THE PROCEDURE PROVIDED BY ARTICEL 1105b, VERNON`s ANNOTATED TEXAS STATUTES, AND THE CHARTER OF THE CITY OF PAIRS, PARIS, TEXAS, ADOPTING SUCH STATUTE; DETEW4INING THAT A PART OF THE COSTS SHALL BE BORNE BY THE CITY OF PARIS AND THE BALANCE THEREOF SHALL BE BORNE BY THE ABUTTING PROPERTY AND THE OWNERS THEREOF; PROVIDING FOR THE ASSESSMENT AND THE TIME, TERMS AND CONDITIONS OF PAYMENTS AND DEFAULTS OF SUCH ASSESSMENTS AND PRESCRIBING THE RATE OF IN- TEREST THEREON; PROVIDING FOR THE FIXTNG OF A LIEN TO SECURE THE PAYMENT OF SUCH ASSESSMENTS, ON PINE MILL ROAD, FROM THE N. E. CORNER OF LOT 11, CITY BLOCK 294, EAST `''' WEST OF WAY LINE OF LOOP 225 N. E.. BEING THE N. E. CORNER OF LOT 26, CITY BLOCK 296; AND DIRECTING THE CITY CLERK TO CAUSE A NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO BE FILED IN THE MORTGAGE OR DEED OF TRUST RECORDS OF LAMAR COUNTY, TEXAS. was presented. A motion was made by Councilman Williams to table action on the Ordinance. The motion failed for lack of a second. A motion was made by Councilman Farris, seconded by Councilman Kyle for approval of the Ordinance. Motion carried 7 ayes, 0 nays. A motion was made by Councilman Burnett, seconded by Councilman Williams to continue the public hearing on the Proposed 1979 -80 Budget. Motion carried 7 ayes, 0 nays. Mr. Norman Seeliger appeared before the Council representing the Pine Village Neighborhood Association stating that the Calvary Methodist Church had requested that they be included in the petition presented to the City Council concerning drainage in the area of Pine Mill Road and 34th Street S. E. Mr. Seeliger, requested that builders present proper drainage plans prior to issuance of building permits. No other people appeared before the Council, and Mayor Malone declared the public hearing closed. A motion was made by Councilman Williams,. seconded by Councilman Burnett to table adoption of the budget and an appropriation Ordinance. The motion carried 7 ayes, O nays. Mayor Malone announced that the Council would.go into executive session to discuss legal and contractual matters. Contractual matters were discussed by the Council. Mayor Malone declared the executive session closed and the regular session open. A motion was made by Councilman Burnett, seconded by Councilman Fisher that the meeting be recessed until Tuesday, June 19th at 3:4.5 P. M. in Lamar County Court Room; Lamar County Courthouse when the Council will meet in closed session with Lamar County Commissioners Court to discuss contract matters with regard to shared Health services and following that consider any tabled matter such as the appropriation ordinance. Motion carried 7 ayes, 0 nays. Mayor Malone announced that the meeting was closed and to be recessed until 3:45 P. M. June 19th in Lamar County Court Room, Lamar County Courthouse. MICHAEL E. MALONE, MAYOR. ATTEST: H. C. GREENE, CITY CLERK Sig pr -s l t MINUTES OF THE SPECIAL CITY COUNCIL MEETING June 19, 1979 - A special meeting of the City Council was held June 19, 1979 at 3:45 P.M. La mar County Commissioners Court Room, Lamar County Courthouse. Mayor Malone called the meeting to order with the following Councilmen present: Billy Joe Burnett, Ron Kyle and Jim Farris. Also present were City Manager, Robert W. Sokoll, City Attorney, T. K. Haynes, and City Clerk H. C. Greene. Also present were County Judge, Brady Fis::!r, County Commissioners, Wheeler, Buster, Sparks, and Childers. The Mayor stated that the meeting was called for the purpose of discussion of cooperative health servies between the City and County, that the City would like to reach some agreement on health and ambulance services. Councilman Williams entered the meeting. Discussion was had by Judge Brady Fisher on a subscription system for ambulance service. Councilman Fisher entered the meeting. Judge Fisher announced that he and the Commissioners Court would like to participate in bids to be received on June 27th. Mayor Malone requested Director of Finance Greene to explain an idea of a health district for the purpose of financing the Health Unit and Ambulance Sergi -ice. Green recommended that the idea of a County wide health district be studied for the purpose of providing financing for health service and that taxing authority be granted the district. Greene stated that probably the Legistature would have to authorize a state wide election to form the district authority. Mayor Malone posed the question to the Commissioners Court if they would be interested in a joint Resolution on the health district idea. The Commissioners Court indicated that they would be, but did not take a vote on the matter. Mayor Malone posed the question of a joint Resolution to the Commissioners Court to support the Health Unit on a 50 -50 basis. The consensus was from the Commissioners Court without vote that they were not interested. in such a Resolution. Mayor Malone posed a question to the Commissioners Court that a joint Resolution be adopted financing the amublance service on a 50 -50 basis. The Commissioners Court indicated without vote that they were not interested in the Resolution. Mayor Malone advised the Commissioners Court and Councilmen present that bids would be taken on ambulance service at 10:00 A. M. June 27th, City Council room and invited all to participate, and that the bids would be referred to the City Council at 5:15 P. M. in the City Council Room for study and action. The Commissioners Court adjourned their meeting and departed the Commissioners Court Room. Mayor Malone advised the Council that business would be continued from the meeting recessed on the evening of June 18, 1979. A motion was made by Councilman Burnett, seconded by Councilman Farris to bring from the table the matter concerning the adoption of the 1979 -80 budget. Motion carried 6 ayes, 0 nays. I. ORDINANCE 140 2455 AN ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING JULY 1, 1979, AND ENDING JUNE 30, 1980, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS, APPROPRIATING THE VARIOUS AMOUNTS THEREOF AND REPEALING ALL ORDINANCES OR PARTS OF PRDINANCES IN CONFLICT THEREWITH. was presented. A motion was made by Councilman Farris, seconded by Councilman Kyle for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Burnett, seconded by Councilman Fisher authorizing the preparation of a Resolution expressing the City's and County's joint interest in establishing a health district for future funding of cooperative health services including ambulance. Motion carried 6 ayes, 0 nays. A motion was made by Councilman Farris, seconded by Councilman Burnett expressing the Council's wiliness to participate with the County on a 50 -50 basis in health and ambulance service with both bodies approving the budget and subsidies for health service including ambulance service. Motion carried 6 ayes, 0 nays. A motion was made by Councilman Farris, seconded by Councilman Burnett authorizing the preparation and furnishing an alternate specification to all bidders on ambulance service with.certain changes in equipment and personnel to be furnished for day and night service. The motion carried 6 ayes, 0 nays. There being no further business, a motion was made by Councilman Burnett, seconded by Councilman Fisher for adjournment. Motion carried 6 ayes, 0 nays. The meeting adjourned. MICHAEL E. MALONE, MAYOR ATTEST; H.0 . GREENE, CITY CLERK 521 Fj MINUTES OF THE SPECIAL CITY COUNCIL MEETING June 27, 1979 A special meeting of the City Council was held June 27, 1979, 5:15 P. M., City Council Room. Mayor Malone called the meeting to order with the following Councilmen present: Billy Joe Burnett, Ron Kyle, Walter F. Williams, and W. C. Francis. Also present were City Manager, Robert W. Sokoll, City Clerk, H. C. Greene. Also present in the council meeting were County Judge, Brady Fisher, County Commissioners Wheeler, Buster, Sparks, and Childers. Mayor Malone announced that the purpose of the joint meeting with the Commissioners Court was to receive bids and consider same for ambulance service beginning August 1, 1979. City Manager Sokoll advised that only one bid had been received for-ambulance service and that being from the McCuistion Regional Medical Center, and provided for a base bid for a two year contract in the amount of $240,000.00 subsidy which included three ambulances with two men crews with 24 hour service, and an alternate bid showing three two men crews from 8:00 A. M. to 6:00 P. M. and two two men crews from 6:00 P. M. to 8:00 A.M. with that subsidy and the alternate being $192,000.00 for a two year period. Mr. Jessie Hayes, Adminstrator of the McCuistion Regional Medical Center was present in the meeting and answered questions from the Council and the Commissioners Court concerning the bid. Mayor Malone stated to the Commissioners Court that there was a need to reach some understanding as to a joint financial agreement. Judge Brady Fisher advised the Council that the County was prepared to finance 40% of the subsidy ambulance service and was prepared to fund a dollar amount for the Health Department services beginning January 1, 1980 in the amount of $2,800.00 Mayor Malone expressed the City Council's desire for funding in the Health Department and the Ambulance Service on a 50 -50 basis. After discussion between the City Council and Commissioners Court a motion was made by Councilman Williams, seconded by Councilman Francis to table action on the McCuistion Regional Medical Center's bid and to instruct the City staff to prepare for emergency ambulance service within the City. Motion carried 4 ayes, 1 nay. Councilman Kyle voting nay. The Commissioners Court in their action voting on a motion by Commissioner Buster and seconded by Commissioner Sparks and carried unanimously to accept the McCuistion Regional Medical Centers bid with City and County cooperative agreement for funding to be on a 60% City, 40% County basis. Mr. Thomas Steeley, Publisher of the Lamar County Echo appeared before the Council stating that he was represented and was interesed in the Medical Centers position and asked for clarification of City wide Ambulance Service. Mr. Jessie Hayes, Administrator for the Hospital questioned the City as to the status of the bids by the Hospital. Mr. Hayes was informed that the bids had been tabled. Mayor Malone called for the reading of Resolution Mo. 1943. Resolution No. 1943 resolving the City Council of the City of Paris and the Commissioners Court of Lamar County Texas that they do hereby agree to cooperate in the forming of a Health Service District encompassing the County of Lamar in order to provide a tax base to finance emergency Ambulance Service, Health Services and other related services was presented. 523 RESOLUTION NO. 1943® WHEREAS, the City Council of the City of Paris and the Commissioners': Court of Lamar County, Texas,in Special Joint Session, convened in City Council Room, City Hall, Paris, Texas, do hereby find that it is in the best interest of the citizens of Paris and Lamar County that these governmental bodies cooperate in solving the problems of funding Health, and Emergency Ambulance and related services for Paris and Lamar County; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS AND THE COMMISSIONER`" -3 COURT OF LAMAR COUNTY, TEXAS, That they do hereby agree to cooperate in the forming of a Health Services District encompassing the County of Lamar in order to provide a tax base to finance emergency ambulance service, health services and other related services. Passed and adopted in special joint session convened this 27th day of June, 1979. li Michael E. Ma one , ayor ATTEST: C. Gr ne,; ity Clerk i Brady Fisher, County Judge ATTEST: 0. Margaret Coplin, County Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney Tom Wells, County Attorney 51 2 4 Passed and adopted by the Commissioners Court on the day of , 1979, as reflected in Book Page of the Minutes of said Commissioners Court. Brady Fisher, County Judge, Lamar County, Texas ATTEST: Margaret Coplin, County Clerk 0 A motion was made by Councilman Williams seconded by Councilman Burnett for adoption of the Resolution. The motion carried 5 ayes, 4 nays. The County Commissioners Court voted to table the Resolution. The Commissioners Court members excused themselfs and withdrew from the Council Chambers. Mayor Malone called for the reading of Resolutions appointing certain board members to City Boards. Resolution No. 1944 appointing Foster Stone, Addie Bufford as members of the Housing Rehabilitation Review Board, and Homer Briggs, Terry L. Christian, and W. J. Stringfellow as members at large of the board for a term of two years beginning July 1, 1979 was presented. A motion was made by Councilman Williams, seconded by Councilman Burnett and carried 4 ayes, 1 nay. Councilman Kyle voting nay. i /, f 525) RESOLUTION NO. 1944 . WHEREAS, the City Council of the City of Paris did in Resolution No. 1935 accept second year funding under Community - Development Block Grant Project No. B- 79 -DN -48 -0076; and, WHEREAS, in order to comply with the rules and regulations. and Act governing Block Grants, it is necessary that the City of Paris establish a Housing Rehabilitation Review Board, which Board shall be composed of five (5) members, all of. whom are citizens of Paris and who shall be appointed for two year terms, and the five (5) members shall .include one citizen from each target area as designated in the grant being administered; and said Board shall be appointed by the Mayor "and 'confirmed. by the City Council; and, WHEREAS, the Mayor of the City of Paris, Michael E. Malone, does hereby appoint the following members: Foster Stone Target Area No. 1 Member as shown on Exhibit A attached hereto Addie Bufford Target Area No. 2 Member as shown on Exhibit A attached hereto Homer Briggs Member at Large Terry L. Christian Member at Large W. J. Stringfellow Member at Large for a term of two years, beginning July 1, 1979 and ending June 30, 1981; NOW, THEREFORE, ° BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, AS FOLLOWS: 1. - That the Housing Rehabilitation Review Board, be, and the same is hereby established, to be composed of five (5) members, all of 'whom must be citizens of Paris and whose term shall be for two (2) years, and said Board must have included among its membership at least one member from each target area wherein such Board is exercising its authority. 2. That the appointments of Foster Stone, as Target Area No. 1 Member; Addie Bufford, as Target Area No. 2 Member; and Homer Briggs, Terry L. Christian and W. J. Stringfellow, as Members at Large, of the Housing Rehabilitation Review Board, for a term of two (2) years, beginning July 1, 1979 and ending June 30, 1981, are by the City Council of the City of Paris hereby approved and confirmed.. Passed and adopted this 27th day of June, 1979. Jib Resolution No. 1945 appointing Robert Pierson and re- appointing Virginia Gibbs and Jackie Alsobrook as members of the Library Advisory Board for a term of three years, beginning July 1, 1979 was presented. A motion was made by Councilman Williams, seconded by Councilman Kyle for adoption of the Resolution. Motion carried 5 ayes, 0 nays. RESOLUTION NO. 1945 WHEREAS, the City Council of the City of Paris did in -----Resolution No. 1820 establish the Library Advisory Board -to consist of seven (7) mernbers, with staggered initial appointments as follows: Two (2) members for one year terms, three (3) members for two year terms and two (2) members for three year terms, and thereafter all appointments to be -for three year terms; and, WHEREAS, the terms of office of Virginia Gibbs, F. D. Mallory, III and Jackie Alsobrook will expire on June 30, 1979, and the Mayor of the City of Paris, Michael E. Malone, having appointed Robert Pierson and having-re- appointed Virginia Gibbs and Jackie Alsobrook, to serve on the Library -Advisory Board for a term of three (3) years, beginning July 1, 1979 and ending June 30, 1982, and has submitted the names of such persons to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the appointment of Robert Pierson and the re- appointments of Virginia Gibbs and Jackie Alsobrook, as members of the Library Advisory Board, for a term of three (3) years, beginning July 1, 1979 and ending June 30, 1982, are by the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this 27th day of June, 1979. Michael E. alone, Mayor ATTEST: + H. Gr ene, City Clerk APPROVE AS O FORM: T. K. aynes, City Attorney Resolution Pao. 1946 re- appointing Jim Steely, Dolores Hayter and David Thomas. as members of the Parks and Recreation Board for a term of three years, beginning July 1, 1979 was presented, A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Resolution. Potion carried 5 ayes, 0 nays. J�✓ RESOLUTION NO. 1946 . WHEREAS, the City Council of the City of Paris did in - Resolution 'No. 1876 establish the Parks and Recreation Board to consist of nine (9) members, with staggered initial appointments as follows: Three (3) members for one year terms, three (3) members for two year terms and three (3) members for three year terms, and thereafter all appointments to be for three year terms with partially completed terms being filled for the re- mainder of said terms; and, WHEREAS, the terms of office of Jim Steely, Dolores Hayter and David Thomas will expire on June 30, 1979, and the Mayor of the City of Paris, Michael E. Malone, having re- appointed Jim Steely, Dolores Hayter and David Thomas, to serve on the Parks and Recreation Board for a term of three (3) years, beginning July 1, 1979 and ending June 30, 1982, and has submitted the names of such persons to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the re- appointments of Jim Steely, Dolores Hayter and David Thomas; as members of the Parks and Recreation Board, for a term of three (3) years, beginning July -1, 1979 and ending June 30, 1982, are by the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this 27th day of June, 1979. Michael E. Malone, Mayor `ATTEST: H. C. Gr , ene, ity Clerk APPROVED A TO FORM: aynes, ity ttorney Mayor Malone called for presentation of bids received for the purchase of one police car and the Following bids were presented: Bill Booth Motors Bob McDougall Morphew Buick Lowry Chevrolet $ 6,680.43 6,450.00 6,505.74 6,342.00 City Manager Sokol] recommended that the low bid of Lowry Chevrolet Company in the amount of $6,342.00 be approved. A motion was made by Councilman Burnett, seconded by Councilman Williams approving the recommendation of the City Manager. The motion carried 5 ayes, 0 nays. City Manager Sokoll advised the Council of the need for the adoption of a Resolution exempting the City from complying with Article I and II of House Bill 1060 enacting by the 66th Legislature of the State of Texas at its 1979 session concerning the assessment of farm lands. Resolution. No. 1947 resolving that the City of Paris is- hereby exempted from complying with Articles I and II of House Bill No. 1060 enacted by the 66th- Legislature of the State of Texas at its 1979 session was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Resolution. The motion carried 5 ayes, 0 nays. RESOLUTION NO. 1947 WHEREAS, the City Council of the City of Paris deems it is in -- -the best interest of the City of Paris that it exempt itself from Articles I and II of House Bill No. 1060, passed by the 1979 66th Legislature of the State of Texas, so that said Articles shall not affect the tax rolls of the City of Paris for the fiscal year 1979 -80; and, WHEREAS, the City Council finds that there is not sufficient time to comply with said Articles I and II in its tax assessing and budgeting procedure, and that, therefore, the said exemption is necessary; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City of Paris is hereby exempted from complying with Articles I and II of House Bill No. 1060, enacted by the 66th Legislature of the State of Texas at its 1979 Session. Passed and adopted this 27th day of June, 1979. KA FEW P10 F/A III 1� 'Pot 0,00. L - I - MOM A Mi 1v1L%'11C11.1 L. 1Yiu i.v cav, A TIES : H. �C: Cre ne, City Clerk JAPRAayvnes, A TO FORM: T, City Attorney There being no further business, the meeting adjourned. ATTEST: • H. C. GREENE, CITY CLERK yor MICHAEL E. MALONE, e1AY0R 529 513 0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL July 9, 1979 The regular meeting of the City Council of the City of Paris was held Monday, July 9, 1979 at 7:00 P. M. Mayor Malone called the meeting to order with the following Councilmen present: B. J. Burnett, George Fisher, Jr., Walter F. Williams, W. C. Francis, Ron Kyle, and Jim Farris. Also present were City Manager, Robert W. Sokoll, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Prayer was offered by Rev. Barbara Marcum. Mayor Malone ask if there were any corrections to the minutes of previous meetings furnished to the Council members. There being none, the minutes were approved. Mayor Malone announced that the first order of business would be action on the recommendations made by the-Planning and Zoning Commission. Mayor Malone declared the public hearing open on the petition of Lowry Carrington for a change in zoning from a Two - Family Dwelling District to an Office District on part of Lots 2 and 3, City Block 348 -B, located on the southwest corner of Clarksville Street and 20th S. E. Mayor Malone called for proponents to appear, and Mr. A. W. Clem Attorney appeared in behalf of the petitioner stating that the property would be used for office purposes. Mayor Malone called for opponents to appear and none appeared and ORDINANCE NO. 2456 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING AN OFFICE DISTRICT (0), ON PARTS OF LOTS 2 AND 3, CITY BLOCK 248B9 AT THE SOUTHWEST CORNER OF CLARKSVILLE STREET AND 20TH STREET, S. E., ON PROPERTY BELONGING TO LOWRY CARRINGTON, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS TWO- FAMILY DWELLING DISTRICT (2)Fa AND DESIGNATING THE-BOUNDARIES OF THE OFFICE DISTRICT (0) SO ESTABLISHED. was presented. A motion was made by Councilman Williams, seconded by Councilman Francis for approval of the Ordinance. The motion carried 7 ayes, 0 nays. Mayor Malone declared the public hearing open on the petition of Joe Cole for a change in zoning from a General Retail District to a General Retail District and Specific Use Permit - Commercial Amusement Indoors on Lot 11, Block 11, Brookside Addition located on the north side of Clarksville St. 150 feet east of 24th S. E. Mayor Malone called for proponents to appear and none appeared. Mayor Malone called for opponents to appear and Mr. Lewis Williams, President of Paris Jr. College appeared opposing the change and stating that the environment created by the business was not desirable and that businesses in the area were opposed to the zoning. Mayor Malone declared the public hearing closed and an ORDINANCE .NO, AN ORDINANCE AMENDING ZONI ;NG ORDINANCE.NO. 1710 OF THE. CITY OF PARIS, PARIS, TEXAS, ANO CHARONG THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY 'ESTABLIS41NG A GENERAL RETAIL DISTRICT (GR)'.AND A SPECIFIC USE PERMIT, -COM?4ERCIAL AMUSEMENT, INDOORS (10), LIMITED TO THE USE OF JOE COLE ONLY, ON LOT 11, BLOCK 11; BROOKSIDE ADDITION ON PROPERTY BELONGING TO CLYDE PARHAM, 50'AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A GENERAL RETAIL DISTRICT (GR).; AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) AND SPECIFIC USE PERMIT, COMMERCIAL AMUSEMENT, INDOORS (10), LIMITED `4wTHE USE OF JOE COLE ONLY, SO ESTABLISHED. 4 was presented. A motion was made by Councilman Williams,`,.seconded by Council - man': ;Fisher for denial of the request Arid disapproval of the Ordinances The motion carri.W:.' 7 ayes,..O nays d Mayor Malone ?declared the public hearing open on the petition of.Jdhn M. Wraight, and JAmes C. Wright for a change in zoning from a One Family Dwelling District No. 2 to a Commercial District on Lots 1 and 2, City Block 265, located on the southeast corner of Bonham Street and 21st Se W Mayor Malone called for proponents to appear and Mr. Brad Hutchison Appeared An behalf:.of the petitioners stating that the request for a change was for possible future development. Mr. Hutchison stated that the Planning and Zoning Commission had recommended General Retail rather than Commercial which Was satifactory to his client. MA�br Malone called for opponents to appear and none appeared, and the public hearing was declared closed. ORDINANCE NO. 2457 AN ORDINANCE AMENDING' ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY: ESTABLISHING A GENERAL RETAIL DISTRICT (GR) ON LOTS 1 AND 2, CITY BLOCK 205, ON PROPERTY BELONGING TO JOHN M. WRIGHT AND JAMES C. WRIGHT SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -.2); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) SO ESTABLISHED. was presented. A motion was made by Councilman Farris, seconded by Councilman Francis for adoption of the Ordinance. notion carried 7 ayes, 0 nays. Mr. Joe McCollum, director of Community Development presented a repiat of Lot 1, City Block 100 -B, and stated that the Planning and Zoning Commission had recommended approval with the waiving of curb and gutter. A motion was made by Councilman Williams, seconded by Councilman Farris to approve the repiat and waive the curb and gutter as recommended by the Planning and Zoning Commission. The motion carried 7 ayes, 0 nays. A repiat of Lots 9 and 10, Block D, North Park Estates Phase 2 was presented. A motion was made by Councilman Farris, seconded by Councilman Burnett to approve the replat. The motion carried 7 ayes, 0 nays. I 53 A final plat of Eastfield Estates, Phase 2 was presented, and the Council was advised that additional drainage consideration through the sub - division might be required depending upon the Council's decision on Pine Mill Road Improve- ments. Mr. McCCollum advised that all sub - division improvements had not been completed and the developers wanted to deposit funds guarranting completion in order to file the plat. After discussion a motion was made by Councilman Williams, seconded by Councilman Fisher to table action on the final plat. The motion carried 7 ayes, 0 nays. Mayor Malone reminded the Council of the tabling of a petition of Mr. and Pars. Marvin Paul Plash for a change in zoning from a One Family Dwelling District #2 to a Commercial District on Lot 7, City Block 204, located on the south- west corner of Bonham Street and 21st S. W. A motion was made by Councilman Williams, seconded by Councilman Fisher to take from the table the request for rezoning. Motion carried 7 ayes, 0 nays. Mr. Joe McCollum, Director of Community Development appeared before the Council. stating that it would appropriate to zone General Retail with Special Use Permit - Auto - Laundry rather than Commercial. Mr. Brad Hutchison, Attorney."for the petitioners appeared before the Council again stated his clients request for the property. Mayor Malone called.for opponents to appear and Mrs. Mary F. Green.appeared and presented a petition showing opposition to the zoning change and stated that a safe neighborhood was at stake,*and requested that the property remain in the present zoning. After discussion, a motion was by Councilman Farris, seconded by Councilman Fisher to approve the zoning.- ORDINANCE NO. 2453 ;RN ORDINANCE APPENDING ZONING ORDINANCE 140. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID :CITY; ESTABLISHING A GENERAL RETAIL DISTRICT (GR) AND A SPECIFIC USE PERMIT, AUTO LAUNDRY (3) ON LOT 7, CITY BLOCK 204, ON PROPERTY BELONGING TO MARVIN PAUL.NASN:AND'WIFE, MILDRED NASH, SO AS TO INCLUDE THEREIN TERRITORY FORPIERLY DESIGNATED,.AS A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) AND SPECIFIC USE PERMIT, AUTO LAUNDRY (3), SO ESTABLISHED. was presented. A motion was made by Councilman Farris, seconded by Council- man Fisher for adoption of the Ordinance. Motion carried 7 ayes, 0 nays. City Attorney Haynes presented the following petitions for rezoning: James Gladden, Lot 8, City Block 201 from S ,.gle Family 2 District to General Retail District. Mayor Malone referred the petition to the Planning and Zoning Commission for their study and recommendation and called for a public hearing at the next regular Council meeting. Mr. Robert Hayter;- Consul ti iig En gi neer, appeared before the Counci i and discussed some recommended revisions to the Plaster Plan at Cox Field. Resolution Mo. 1948.adopting the revision in the Master Plan at: -Cox Field was presented. A motion was made.by Councilman Fisher,. gkonded by Council- man Kyle for adoption of the Resolution. The motion carried.7 ayes, 0 nays. _ - a 533 RESOLUTION NO. 1948 , WHEREAS, the City Council of the City of Paris, Paris, did heretofore approve and establish the Master Plan - -- - for Cox Field, Municipal Airport, Paris, Texas; and, WHEREAS, in order to provide for the current and future .needs of the citizens of Paris and the air - traveling public, it is necessary that said Master*Plan be revised and updated; and, WHEREAS, the revised Master Plan attached hereto as Exhibit A will better serve the aforestated needs; NOW, THERE- FORE, BE IT RESOLVER BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Master Plan for Cox Field, Municipal Airport,.Paris, Texas, be, and the same is hereby revised in accordance with Exhibit A attached hereto. Passed and adopted this 9th.day of July, 1979. 5 3 Mr Hayter' recommended and requested authorization to adV� ftise i:or bids for paving around the new T- hangers,.extension and overlay tax i.yway. A.: .motion was mane by Councilman *1e, seconded by Councilman Farris approving the recommendation and request. The motion carried 7 ayes, Q nays. and Resoution No. 1949 was-introduced for Mr. Hayter recommended the execution ofAa grant request to the. _Federal Aviation Administration and the Texas Aeronautics Commssionjor;:f..unds tc :praVide` %' T- hangers, taxi- way..seper -ation of.-•T- ganger UaJ -way from automobile access, gravel road pavement and providing parking lot -for the t- hanger taxi -way A overlay, main apron crack repair.,.taxi- way�stub northwest- southeast runway overlay, and seal coating terminal. ekixt ance road and parking lot, was presented. A motion was made by Councilman �lillisms, seconded by COuncilman gurhett f_or adoption of the Resolution. The iriotion carried ;7 ayes, 0 riays. ; 535 RESOLUTION NO. 1949 _ ^ WHEREAS, the City Council of the City of Paris continues. to be aware -of -the necessity of maintaining and improving its Municipal Airport, Cox Field; and, WHEREAS, it is anticipated that there will be grant funds available from the Federal Aviation Administration and the Texas Aeronautics Commission to provide T- hangar taxiway, separation of T- hangar taxiway from automobile access, gravel road pavement, and providing parking lot for.the T- hangar, taxi - way A overlay, main apron crack repair, taxiway stub-M-1-SE-runway overlay, and seal coating terminal entrance road and parking lot, enlarge apron and provide for additional fuel service; NOW, THERE- FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That the City of Paris process an application for funds from the Federal. Aviation Administration and the Texas Aeronautics Commission, and any other source, for grant funds to accomplish the aforement- ioned maintenance and improvement items for Cox Field, Paris, Texas. 2. That Joe McCollum, Director of Community Development, be, and he is hereby appointed Project Director. 3. That H. C. Greene, Director of Finance of the City of Paris, be, and he is hereby appointed Financial Officer of said project. 4. That Robert W. Sokoll, City Manager, be, and he is' hereby authorized and directed to execute and deliver on behalf of the City of Paris the necessary appli cations, communications, instruments and documents necessary for the completion of said project. Y Passed and adopted this 9th day of July, 1979. 4 O Michael . Malone, Mayor ATTEST: H. Gr ene, City Clerk APPROVED AS FORM: Maxtor Malone read the following recommendation of the Airport Advisory Adard: "That all rents are payable in advance.on the first of each month and shall be considered past due if riot paid by the tenth of any given month, with a 10% penalty 'to be applied and col- lected..if rent is not paid by the.10th.of, the month, a6d with eviction proceedings to commence at a time to be determined by the City Attorney." A motion was made by Councilman Williams,- seconded by Counc -ilman Burnett for approval ofthe recommendations made by the Airport Advisory Boardt the motion carried 7 ayes, 0 nags: Mr4 bob Harter again appeared- before the Council stating that requirements for Engineering services concerning the Infiltration %Inflow Study had been changed within the guide lines of the Texas Water Quality Board and the Environmental Protection Agency, and requested that the agreement for engineer- ing services be changed with the City of Paris and Hayter Engineering to conform with the new requirements. Resolution No. 1950 authorizing and directing the Mayor to execute on be half of the City of Paris Addendum No. 2 to Agreement for Engineering Services heretofore entered into by the City of Paris with Hayter Engineering dated August 13, 1970 was presented. A motion was made by Councilman Farris, seconded by Councilman Kyle for approval of the Resolution. the motion carried 7 ayes, 0 nays. RESOLUTION NO,' 1950 53;' WHEREAS, the City of Paris desires to -.- continue the - development of a project concerned with infiltration /inflow analysis, studies, surveys and evaluations; environmental assessments and evaluations; project coordination; and project development within the guidelines of the Texas Water Quality Board and the Environmental Protection Agency; and,_. WHEREAS, the City Council of the City of Paris did by Resolution No. 1376 passed on the 8th day of June, 1970, commission Hayter Engineering to conduct an engineering study for the enlargement of the.City of Paris Sanitary Sewage Treat- ment Plant and related-,plauning; and, WHEREAS, the City of Paris, did thereafter on the 13th day of August, 1970; enter into an agreement with Hayter Engineering to provide.such services; and, WHEREAS, an Addendum No. _l was authorized to said contract by Resolution No. 1676 passed on the 24th day of March, 1975; and, WHEREAS, due to a changing in the requirements for the above described project,'additional engineering services must be procured as the same are described in Addendum No. 2 attached hereto as Exhibit A and made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, Addendum No. 2 to Agreement for Engineering Services heretofore entered into by the City of Paris with Hayter Engineering dated August 13, 1970, in the form attached hereto as Exhibit A. Passed and adopted this 9th day of July,-1979. . i r Miael -E. Malone, Mayor ' 'ATTEST H, C. Gre e, City C er APPROVED AS TO FORM: T. Haynes, City Attorney 5 K; ADDENDUM NO. 2 JO AGREEMENT FOR ENGTNEERTNG SERVICES CITY OF PARIS, TEXAS the EIS Robert B. Hayter, dba. Hay ter Engineuthog zedatnayor, WHER , city _of Paris,. acting by and through 3 . s duly .a did. jointly enter into r . ngroveuentsato�tthegCity 'sssewage for t- engineering services for i p - - ment facilities and development of ach 2 a X975,sand, age systems and Addendum _Noy l theiceto dated. Afar _ Hayter E 1,iHEREAS, Robert B. Hayter,�dba ngineering,. is now a _ rofessional corporat�an._of the. State of Texas and known as P Inc.and; Hayter Engineering, ,. •E,iHEREAS, both parties mutually agree that said contract • may be required in the covers other engineering services as - amended plan of- 'study, i.e. flood development of the project, P, plain studies, plan of financing, - environmental assessments, his -: -- torical clearance, collector -line eligibility, industrial •pre -_- - treatment regulations, and the. project deVelopmetwifi' tthe program requirements. adopted by the Texas Department- Resources (former]y Texas stater Quality Board} and .the Envzron� mental Protection Agency..:;' NOW THEREFORE BE I`� AGREED to by the Pardee to hereto-that and a- parttof following additions and modifications are ma p _ said- contract. SECTION VI _ ° 9 ACHE ENGINEER'S. COMPENSATION shall be compensated .for as set ' forth in - Section VI., All services sh Item D: Any. and all references to a Pemeroveaents as herebyn` siruction cost of the facility plan P voided. The En gin s reimbursement for direct non -1a - expense and`: g expense .shall be at his actua c ob sub-contract r day of .1979.. Executed this �____ Y .CITX OF PARTS fiicliael Malone, Mayor. ATTEST: 1 -t . C. Gxeene, Cz ty C ert: _ EXHIBIT A Page I of 2 h 539 540 Mr. Gary Patterson appeared before the Council requesting something be done to the ditch running south of Pine Mill Road as well as re- construction of culvert structures. Councilman Francis expressed the opinion that water from Pine Mill Road that would run south should be naturally flowed to the south, and that the drainage project should be broken down into small projects. Mr. Charlie Walkers Developer of Eastfield Estates appeared before the Council stating that he felt that all water should be channelled south. Mr. Pinkie Wilson appeared before the Council as Co= Developer of the Eastfield Estate stating that the Eastfield Estate was designed to carry drainage but not with the school drainage added. After discussion, a motion was made by Councilman Francis, seconded by Councilman Burnett to devirt all water south of Pine Mill Road to the south and all water from the north 66 Pine' Mill Road to the north, and that drainage projects be built in increments. Mrs. Gary Patterson appeared before the Council prioh to the vote stating that she did not feel that satisfaction would be gainedby working piece meal. After Discussion, a motion was made by Councilman Williams, seconded by Councilman Burnett to amend the motion by adding that other drainage projects be constructed in increments. Mayor Malone called for a motion on the amendment which carried 7 ayes, 0 nays. Mayor Malone called for a vote on the motion which carried 7 ayes, 0 nays. A motion was made by Councilman Burnett, seconded by Councilman Farris to take from the table the consideration of the final plat of the Eastfield Estates. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Farris, seconded by Councilman Burnett to approve the final plat of Eastfield Estates subject to the requirements of the Engineering Department. The motion carried 7 ayes, 0 r -.1s. City Manager Sokoil recommended to the Council that the City act as a sponsor for a proposed sewer line on Pine Mill Road from 30th Street H. E. to 32nd Street N. E. on a pro rata basis and requested that a public hearing be called for the next regular Council meeting. A motion was made by Councilman Burnett, seconded by Councilman Francis to approve the recommendation of the City Manager. The motion carried 7 ayes, 0 nays. City Manager Sokol] presented a petition from fourteen property owners on 31st Street S. E. south of Lamar Ave. such petition stating: "We note concern had been registered by citizens in northeast Paris relative to a drainage problem when the new school and other structures are built. We, the undersigned, are also concerned about the drainage situation south of Lamar along the branch on the west side of 31st S. E. During heavy rains in the past this branch has overflowed on several lots between Lamar and Clark Lane. We are sure when the new buildings and parking areas are constructed this drainage will considerably increase and further add to the overflow problem. We respectfully ask that our drainage problem be made a part of any corrective system put in effect along with our neighbors on the north side of Lamar." 5d: Mr. Bruce Carr, 566 Johnson Woods Dr. appeared before the Council stating thathe would like to verbally join the petition concerning the drainage problem on 31st S. E. Mr. Welding Houchins appeared before the Council representing a group proposing a municipal golf course on the Lake Crook property. Mr. Nouchins suggested that a long term lease be granted in a 35 - 40 year period and that the City request a grant for construction of a golf course. A motion was made by Councilman Farris, seconded by Councilman Burnett to refer the recommendation to the Parks and Recreation Board for their consideration. Motion carried 7 ayes, 0 nays. Mayor Malone requested the Council's consideration of a Resolution confirm- ing Arson Investigating team to comply with State law. Resolution No. 1951 designating Fire Marshall, Oswald Cuilliams and the Assistant Fire Marshal, Ronnie Porterfield to the Arson Investigation Team of the City of Paris and impowering them to act as an Arson Investigation Team was presented. A motion was made by Councilman Farris, seconded by Councilman Burnett for adoption of the Resolution. The Motion carried 7 ayes, 0 nays. RESOLUTION NO. 1951 WHEREAS, __the..Fire. Marshal and Assistant Fire Marshal of the Paris Fire Department have and do continue to act as the Arson Investigation Team for the City of Paris; and, WHEREAS, it is necessary that they continue to so act and to have all the powers of peace officers in the -State of Texas, which powers are conferred upon Arson Investigation Teams; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Fire Marshal, Oswald Guilliams and the Assistant .Fire Marshal, Ronnie Porterfield, be, and they are hereby desig- nated as members of the Arson Investigation Team of the City of Paris. Passed and adopted this 9th day of July, 1979. Mich&el E. Malone, Mayor ATTEST: ' H . C . G bLsi1e , City Clerk APPROVED AS TO ORM: t T. K. Haynes, 'City Attorney 54� City Manager Sokoll requested authorization to advertise for bids -for A. flat bed truck for the Parks and Recreations Department,'a riding mower for the Parks and Recreation Department, 2 dump trucks for the Street.-Dbpartment, 2 tractor backhoes for the Water & Sewer Department, and a rotary broom for the Street Department, and an excavator for the Street Department. A motion was made by Councilman Fisher, seconded by Councilman Williams for approval of the request. The motion carried 7 ayes, 0 nays. Mayor Malone announced that the next order of business would be consideration of Ambulance Service for the City of Paris and Lamar County for the period beginning September 1, 1979. Mayor Malone reviewed the proceedures concern- ing the bids from McCuistion Hospital and the discussion with the County Commissioners Court in the City Council's Ambulance Committee. Mayor Malone announced that it was his opinion that the best Ambulance Service that would be furnished by the City. Mayor Malone requested the rejection of the McCuistion Hospital bid and authorize the City Attorney to prepare an Ordinance establishing full ambulance service in the City and that the City negotiate and give the County an opportunity to participate in the service. Mayor Malone stated that he felt that it would be best that the service not be placed in the Fire Department. After discussion, a motion was made by Councilman Burnett, seconded by Councilman Williams to reject the bid for ambulance service of the McCuistion Hospital. The motion carried 5 ayes, 1 nay, and 1 abstaining. Councilman Kyle voting nay, and Councilman Farris abstaining. 543 ORDINANCE NO. 2459 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS BE AMENDED BY REVISING ARTICLE IV TO CHAPTER 2 PROVIDING FOR THE ESTABLISHMENT OF THE DEPARTMENT r— OF EMERGENCY MEDICAL SERVICE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1979. was presented. A motion was made by Councilman Williams, seconded by Councilman Fisher for adoption of the Ordinance. The motion carried 5 ayes, 2 nays. Councilman Farris and Councilman Kyle voting nay. City Manager Sokoll advised the Council of the appointment of Darrell Gunn as Director of Public Works and City Engineer, and requested confirm- ation as required by charter. A motion was made by Councilman Fisher, seconded by Councilman Farris to confirm the appointment of Darrell Gunn as Director of Public Works and City Engineer. The motion carried 7 ayes, 0 nays. Mayor Malone requested the consideration of the Council of an Ordinance establishing the tax rate for 1979. ORDINANCE NO. 2460 AN ORDINANCE FIXING THE TAX RATE AND THE TAX LEVY, AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS, PARIS, TEXAS, FOR THE YEAR 1979, UPON ALL TAXABLE PROPERTY WITHIN THE SAID CITY OF PARIS, TEXAS, IN CONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. was presented. A motion was made by Councilman Williams, seconded by Councilman Fisher for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. City Attorney Haynes advised the Council of the need of an Ordinance prohibiting the transportation of fireworks within the Paris city limits. A motion was made by Councilman Francis seconded by Councilman Kyle authorizing the preparation of the recommended Ordinance. Motion carried 4 ayes, 3 nays. Councilman Williams, Burnett, and Fisher voting nay. Mr. Paul Woods, 1518 Pine Bluff Street appeared before the Council requesting investigation of speeding of vehicles on Pine Bluff Street. Mayor Malone referred the recommendation of Mr. Woods to the Traffic Comnissicn for their study. Councilman Fisher requested to be excused for the remaining of the meeting. A motion was made by Councilman Burnett, seconded by Councilman Williams approving the request. The motion carried 7 ayes, 0 nays. 54+-4 Councilman Fisher departed the Council chambers. City [tanager Sokoll discussed the condition of the landfill and its needs and requesting the setting of a possible meeting date with the State Department of Health Officials to discuss operational problems of the landfill. The (tanager was advised to made contact with the Health Department and set up a future date. Discussion was had on the purchase of water lines from Lamar County Dater Supply Corporation from Loop 286 N. E. loop to the re- pressurizatiog Station on F, 195. mayor Malone declared the Council in executive session for the purpose of discussing contractual items and claims against the City of Paris. The Lamar County Water Contract was discussed among other items of a legal nature involving claims against the City by the City Attorney. Mayor Malone declared the executive session closed and the regular session open. Mayor Malone appointed -a water study committee composed of Councilman Francis, Councilman Williams, and t -layor Malone. There being no further business, the meeting adjourned. RICH AFL E. �4AL NE, MAYOR ATTEST: . H. C. GREENE, CITY CLERK �4 PuiINUTES OF THE SPECIAL CITY COUNCIL 1VIEETIBG July 14, 1979 A special meeting of the City Council was held July 14, 1979 at 8:00. A.M. City Council Chambers. Mayor Malone called the meeting to order with the following Councii.men present' 8- J. Burnett, George Fisher, Jr.:, tialtee F Williams, W. C. Francis, Ron *le, and Jim Farris. Also present were City tionager, Robert U. Sokoll, and City Clerk, H.,C. Greene. After the meeting was called to order the four County Commissioners and the County Judge joined the City Council° Mayor Nalone presented the Council and members of the Commissioners Court with income statements, expense statements, and salary schedule for the Emergency Medical Service established by Ordinance by the Council on July 9, 1979. Mayor Malone recommended that the Council authorize the advertisment of bids for emergency equipment. A motion was made by Councilman Williams, seconded by Councilman Burnett authorizing the advertising of bids for emergency equipment. The motion carried 5 ayes, 2 nays. Councilman Farris, and Councilman !Kyle voting nay. Councilman Fisher speaking for the Committee appointed to study the ambulance service made the committee's recommendation as follows: "Ambulance committee recommends the proposed budget. Ambulance Committee recommends Director's salary at $1,300.00, and the proposed salary system including an Assistant Director. Recommends the Director and Assistant Director be hired as soon as possible to implement the program. Recommends we contract to Lamar County to provide full service for a twelve month contract period for the sum of $44,542.00." A motion was made by Councilman Burnett, seconded by Councilman Williams to approve the Committee's report and direct the City Attorney to prepare a contract for full service with Lamar County. Before the vote was taken Mr. Jim Patterson appeared before the Council stating that in his opinion there was insufficent time to organize an ambulance service and questioned the budgeted amount as proposed. The question was called on the motion which showed 7 ayes, 0 nays. County Judge Brady Fisher stated that he felt that the McCuistion bid was a good bid as opposed to the City establishing an ambulance service and stated that he felt that the budget was inadequate as presented. After discussion among the County Commissioners a motion was made by the County Commissioners adopting the proposal passed by the City Council. There being no further hus ness t';- adJoumcd. ATTEST H. C. GREENE, CITY CLERK __.._ 541 ...... .......... . i MINUTES OF THE SPECIAL CITY COUNCIL MEETING July 23, 1979 t special meeting of the City Council was held July 23, 1979 at 5:15 P. M. Zity Council Room. Mayor Malone called the meeting to order with the - following Councilmen present: Walter F. Williams, W. C. Francis, Ron Kyle, and Jim Farris. Also present were City Manager, Robert W. Sokoll, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Malone announced the special meeting was called for the purpose of considering bids for water and street improvements associated with the Community Development Block Grant. City Manager Sokoll advised that only one bid had been received for water projects and paving involving five streets and that bid being from the David Buster Construction Company in the amount of $131,562.20. The Manager advised that only $39,000.00 had been allowed for this work. 'The Manager recommended the rejection of bids. Mr. Reeves Hayter appeared before the Council and advised the Council that a number of notifications of the project bidding had been mailed. After further discussion, a motion was made by Councilman Farris, seconded by Councilman Williams to reject the bid. The motion carried 5 ayes, 0 nays. Mr. W. T. Ballard and Mr. Vick Cain of the State Health Department and Per.. W. C. Pursifull of the Paris and Lamar County Health Department appeared Before the Council to discuss the City's sanitary landfill. Mr. Ballard tated that he felt that some progress was being made at the landfill to orrect some critical situations. Mr. Ballard requested that a revised plan of the development of the landfill be accomplished if the new Director of Public Works and City Engineer and the site manager sees need for such a revision. Mr. Ballard recommended that a new site be searched for immedately and the continued development of the present site to conform to current laws and regulations. Mayor Malone requested the Council to consider the adoption of a Resolution transfering funds to the funds of the Department of Emergency Medical Services. Resolution No. 1952 authorizing funds be transfered from the Contingency Appropriation Account in the amount of $128,553.00 and from the Conservation of Health in the amount of $86,100.00 to the Emergency Medical Service: Department was presented. A motion was made by Councilman Williams seconded by Councilman Farris for adoption of the Resolution. The motion carried 4 ayes, 1 nay. Councilman Farris voting nay. v RESOLUTION NO. 1952 WHEREAS, the City Council of the-City,of Paris did on the 9th day of July, 1979 establish the Department of Emergency Medical Service to be funded from the GENERAL FUND for the purpose of providing emergency and transfer ambulance service on the first day of September, 1979; arid, WHEREAS, the Department of Emergency Medical Service is without budgeted funds which constitutes an emergency; and, WHEREAS, the Contingent Appropriation balance of $128,553.00 and $86,100.00 budgeted and appropriated under CONSERVATION OF HEALTH both being- GENERAL FUND ACCOUNTS are available to be transferred to .EMERGENCY.MEDICAL SERVICE ACCOUNT; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the creation of the EMERGENCY MEDICAL SERVICE DEPARTMENT of the City of.Paris without funding constitutes an emergency and it is so declared; and, BE IT FURTHER RESOLVED, That the Director of Finance, H. C. Greene, be, and he is hereby authorized and directed to transfer from the CONTINGENT APPROPRIATION ACCOUNT as shown in the fiscal 1979 -80 Budget, the-sum of $128,553.00 and.from the CONSERVATION OF HEALTH ACCOUNT: Contract Ambulance Service, as the same is shown in the fiscal 1979 -80 Budget, the sum of $86,100.00, to be credited to the following account GENERAL FUND EMERGENCY MEDICAL SERVICE: $214,653.00 Passed and adopted this. 23rd day of July,_ 1979. H. . Gxleene, City C er. APPROVED AS T FORM: T. K. Haynes, City Attorney City Manager Sokoll advised the Council of the Managers appointment of Jesse g Gooding as Director of Emergency Medical Service and requested confirmation of the Council as required by Charter. A motion was made by Councilman Williams, seconded by Councilman Francis confirming the appointment of Jesse Gooding as Director of Emergency Medical Service. The motion carried 5 ayes, 0 nays. City Manager requested the Council's consideration for the adoption of a Resolution authorizing an agreement for water line crossing under the Missouri Pacific Railroad, such crossing associated with the EDA Water Project in Southwest Paris, 'solution No. 1953 authorizing and directing City Manager to execute on be- tlf of the City of Paris the pipe line license with the Missouri Pacific .ilroad Company was presented. A motion was made by Councilman Williams, seconded by Councilman Francis for adoption of the Resolution. The motion carried 5 ayes, 0 nays. RESOLUTION NO. 1953 . WHEREAS, the City Council of the City of Paris did heretofore authorize..,'; in Resolution No. 1895, the processing of a grant applica- tion under the Public Works and Economic Development Act of 1965, as amended, and did thereafter in Resolution No. 1913 authorize said application to be increased, ,and did in Resolution No. 1933 accept a grant offer. which authorized the construction to completion of the project; and, WHEREAS, it is necessary to procure easements from all owners of property across which said project must traverse; and, WHEREAS, the Missouri Pacific Railroad Company has offered to grant a license for the consideration of $500.00 under its right of way in the form of a Pipe Line License as shown in Exhibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Manager of the City of Paris, Robert W. Sokoll, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Pipe Line License dated July 5, 1979, with ` Missouri Pacific Railroad Company in the form shown on Exhibit A attached hereto. Passed and adopted this 23rd day of July, 1979. Michael E. Malone, Mayor ATTEST: H. C.\ Ur ee e, City Clerk APP OVED TO FORM: T. K.-Haynes, City Attorney 55-0 I ` Form 20021 1O/74 PIPE LINE LICENSE THIS INSTRUMENT, executed in duplicate, July 5 1979, 'GIITNESSETH The undersigned Carrier hereby grants, but on solely the herein expressed terms and and the Carri1 ned Licensee ( a Municipal Corporation conditions, g (individual, copartners or corp. & state where incorporated) to be addressed atP. Oo Box 1037, Paris, TX 75C460 y hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying the Licensee's own one certain proposed water (number) (proposed or existing} i 12 inches in diameter, and appurtenances, continuous line of cast iron P e P herein.called Pipe Line, on including 24 inch steel casing, 100 fto long ein called Premises. Pipe Line will be used to supply the Carrier's property, her water to customers. Pipe Line shall intersect Carrier's existing. track ,XNK at Mile Post 91.94 (track or right of way) Engineer's Chainage Station 4854 +76 Lamar County : Texas , _ at gD0WX Parisi . parish) state (P�g) ` (county or p ) ( ) Approximate location of Pipe Line is indicated by heavy black line on Exhibit A attached hereto as part hereof 1.- Licensee shall.at all times keep Pipe Line in good state of repair. All work by Licensee hereunder shall be. performed in a safe and workmanlike e. manner... Licensees an furnish or do at Licensee's own cost and responsibility as from time to time required to accomplish whatsoever the Licensee attempts or is bourx to do at any time hereunder. Licensee share adjust Pipe Line to ng physical Pi,� made at any time in any of Carrier is property; Line at least five and one -half feet below bottom of rail thereover. Licensee shall cause Pipe Line; before being used for anything inflammable, to conform substantially to Exhibit B- attached heretoall s part conform to the requirements -of lC rri.erhas time and manner of doing any work, each actin for Licensee well as of any State, Federal or Municipal authority. Carrier may g furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required of Licensee at anY times, either shall not bebf use taken bynCarrier ateLcensee's Licensee's-request; Carrier's written request therefor or shall and Licensee on request shall in advance deposit with Carrier the estimated cost thereof. If deposit be less than actual cost, Licensee shall pay the difference, if more Carrier shall repay difference. Licensee when returning this license (signed) shall pay to Carrier five Hundred dollars for the license granted herein. .Any other payment shall be made within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, includ- ing wages of foremen, cost of material f.o.b. Carrier's rails plus freight at tariff rates to point of use, plus taxes and usual railroad additives. No provisions of this paragraph, nor approval by Carrier of any of Licensee's undertakings, shall relieve Licensee of any responsibility or liability--: 2. Licensee agrees to (a) indemnify aid save harmless the Carrier from and against all claims, suits, damages, costs (including attorneys fees), losses and expenses, in 1y manner resulting from or arising out of or in connection with the laying, maintenance. renewal, repair, use, existence or removal of Piper skeof� loss or dtamagertokPipeoLine and same or any leakage therefrom, and (b) assume the contents thereof regardless of how caused and regardless of any negligence on the part of Carrier, or otherwise. - 1 EXHIBIT A 0 551 Form 20021. __:._ 10 %74 3. - Term `hereof shall begin with July 5 , 19 79 , and. continue there- after until concluded (lst) by expiration of - - - - -® thirty days fallowing serving, =.Licensee on Carrier, or vice versa, of written notice of intention to end team hereof (2nd), at Carrier's election without further notice, by expiration of - -- six. xths without the Pipe Line having been installed or by Licensee failing (a-1) to cure t...y default or (a--2) to show statutory right to install. Pape Line within --- ° --- thirty days following Carrier's written request therefor. Any notice of Carrier shall be deemed served when posted corispicuously on Pape Line or when deposited postage prepaid. In U. S mail addressed as aforesaid. Not later than last day of tem hereof 'Licensee shall remove Pipe Line and restore Premises. Any of Pipe Line not so removed shall at Carrier's election without notice be deemed abandoned. Covenants. herein shall inure to or, bind each pasty's heirs, legal representatives, successors and assigns; provided: no right of Licensee shall be transferred or assigned, either voluntarily or involuntarily, except by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at any time of the other without affecting, or. impairing any right arising from, any sub-- ' sequent default. MISSOURI l'AGIFIG RAILROAD COMPANY WITNESSES: - General Manage As Carrier, first party herein ATTEST: By CITY OF PARIS Secretary (Affix Seal) : WITNESSES: —ATTEST: �C.- -GJreene, tty- -C er-I By - -- City Manager Licensee, second party . herei.n a.2.. 1 r . •. _ .. a _. .° �' • 4- � f -.! 1. _' _ . r - • ', • • � - ° _ •, • . ! T -••r �• ° - • tip• a • ` R° ! � V i y +� ii IL Cs - • �r`x"tayi ives+n t1a'k•elly l,•n!- '1�" tl�ttc�t� r" � > .� s � ` �'� C. '. � Sired co•'s1,n�j. l�Qji �o »g; . -_ •. ; r _, _ � .• �� . � b, • . _ •° ' P - • I - i� • �-�1- to `."� . .. _ _ .. •3. `•i " EX H 1 B 1T• A" • >r �cg4�`�� - r - - MISSOURI PACIFIC RAILROnD CONWANY o . SOUTHERN DISTRICT, Ct�� o� r p fice of District Engineer - Houston, Texas ! �. --�` • . Scale %­-%00. �. Drattsmart S Date 7- ,, -'19 I fits ttal_1_y f Mr. Warren Leddick, Director of Parks and Recreation appeared before the Council requesting authorizing to advertise for bids for Wise Field Improvements. A motion was made by Councilman Francis, seconded by Councilman Williams approving the request. Motion carried 5 ayes, 0 nays. City tanager Sokoll presented a request of Lamar County Water Supply Corporation ,-1-1 install a 2 inch water line and two water taps in the gray area for William ►bott and James. H. Gentry property on U. S. 271 North of the Lake Crook Road. motion was made by Councilman Farris, seconded by Councilman Francis for approval of the request. The motion carried 5 ayes, 0 nays. There being no further business, the meeting was adjourned. MICHAEL E. HALONE, MAYOR ATTEST: H. C. GR ENE, CITY CLERK 553 55L MNUTES OF THE SPECIAL CITY COUNCIL MEETING July 30, 1979 A special meeting Of the City Council Was held July 30, 1979 at 5:15 P. t4. City Council Room. Mayor Malone cal"ed the meeting to order with the following Councilmen present: baiter F. Williams, W. C. Francis, Ron Kyle Billy J. Burnett, George Fisher, Jr., also present were City Manager, Robert W. Sokol], City Attorney, T. K. Haynes and City Cleric, H. C. Greene. Mayor Malone announced that the first order of business would be a request from the Downtown Merchants Association to allow decorative canvas awnings on building fronts within the fire limits and the establishment of an Architectural Preservation Board. Mr. S. L. Wright, retired Attorney, appeared before the Council stating that he represented the Chamber of Commerce and the Downtown Merchants Association and spoke in favor of the request of the Downtown Merchants. ORDINANCE NO. 2461 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINA►NC -S OF THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING SECTION! 7 -3 OF SAID CODE; PROVIDING FOR DECORATIVE CANVAS AWNINGS Iii FIRE LIMITS; PROVIDING FOR A PENALTY NOT TO EXCEED$200.00; REPEALING ALL ORDINNANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF AUGUST 15, 1979. was presented. Councilman Farris entered the Council Chamber and assumed his chair at the Council table. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. Resolution 1954 creating the Committee of Architectural Preservation of the central business district and naming seven individuals to serve on the board was presented. A motion was made by Councilman Farris, seconded by Councilman Burnett for adoption of the Resolution. The motion carried 7 ayes, 0 nays. 555) RESOLUTION NO. 1954 -- WHEREAS, the City Council of the City of Paris has created the Committee of Architetural Preservation of the Central Business District; and, WHEREAS, the Mayor of the City of Paris does recommend the following initial appointments to said Board: Barbara Wilson, Downtown Two years Development Association Mike Malone, Visitors and Two years Convention Council, Chamber of Commerce Bill Lightfoot, A.I.A. Two years Wynona Harrison, Nursery and /or Two years Landscape Interest Jim Steely, Lamar County One year Historical Commission Tallie Lipscomb, Citizenry One year David Denney, Citizenry One year NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF.PARIS, That the appointment of Barbara Wilson, Mike Malone, Bill ending . Lightfoot and Wynona Harrison for two (2) year June 30, 1981, and the appointment of Jim Steely, Tallie Lipscomb and David Denney for a one (1) year term, ending June 30,. 1980, made by the Mayor of the City of Paris, Michael E. Malone, be and the same are hereby approved and confirmed by the City Council. Passed and adopted this 30th day of July, 1979.1 Mi Kae E. Ma one, Mayor ATTEST: H. C. Gr-ene, City C er APPROVED AS 0 FORM: T, Hayne , City Attorney 556 Mayor Malone callr:i for tabulation of bids received for the purchase of three new ambulances for the Emergency Medical Service, and the following bids were presented: Prestige Vehicles Inca $59,124.00 Modular Ambulance Corp. $59,634.00 Superior Southwest, Inc. $59,913.00 Summers Ambulance & Coach Sales $61,179.23 Summers, Inc. (Alternate bid) $57,300.00 City Manager Sokoll recommended that the bid of Summers Ambulance & Coach Sales in the amount of $61,179.23 be approved as the best bid. The Manager advised the Council that this was the only bid which met the City of Paris specifications. Mr. Jesse Gooding, Director of the Emergency Medical Service appeared before the Council and recommended the bid of Summers Ambulance & Coach Sales stating that the Summers vehicle had safety feature of an all steel roof and that the delivery dates were favorable. He further stated that the Summers firm had advised that they would lend units to the City on September 1st in order to meet the deadline on Ambulance Service of September 1, 1979. A motion was made by Councilman Burnett, seconded by Councilman Williams to approve the base bid of Summers Ambulance & Coach Sales in the amount of $61,179.23 Prior to the question, Mrs. Ruby Jacobs, representing Prestige Vehicles, Inc., appeared before the Council stating that her firm could meet the delivery date on one ambulance in 30 days, but would suppy three ambulances for the City's operation by August 31st. Mayor Malone called for the vote on the motion which showed 7 ayes, 0 nays in favor of the motion. Mayor Malone requested the consideration of the Council of an Ordinance establishing ambulance rates. ORDINANCE NO. 2462 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS,BE AMENDED BY ADDING A SECTION TO BE NUMBERED 2 -51, PROVIDING FOR THE ESTABLISHMENT OF AMBULANCE SERVICE RATES, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CO €1FLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1979. was presented. A motion was made by Councilman Williams, seconded by Council- man Fisher for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Farris, seconded by Councilman Francis to pass item five on the agenda which was consideration of approval of the Resolution authorizing execution of a contract to provide ambulance service to Lamar County, and to proceed to item seven. The motion carried 7 ayes 0 nays. Mayor Malone requested the consideration of the Council for adoption of a Resolution authorizing condemnation of easements for E.D.A. Water Line Project. Resolution ado. 1955 authorizing condemnation proceedures on eleven tracts was presented. A motion was made by Councilman Williams, seconded by Councilman Francis for adoption of the Resolution. The motion carried 7 ayes, 0 nays. 551 RESOLUTION NO. , 1955 WHEREAS, the City Council of the City of Paris has under- taken a project of construction entitled SOUTHWEST INDUSTRIAL WATER DISTRIBUTION MAINS, being EDA Project No. 08- 01- 02074, consisting of eight inch.(8 "), ten inch (10 "), and twelve inch (12 ") water main service to the Southwest Industrial District of the City of Paris; and, WHEREAS, the easements hereinafter described in fifteen (15) centerline easement descriptions consisting of 40 foot temporary easements and 20 foot permanent easements, with owners shown immediately after each, is necessary for such industrial utility project; said easements being described as follows: Situated within the corporate limits of the City of Paris, Lamar County, Texas, a part of the Asa Jarman Survey, Abstract No. 479 and Tract I, being a part of that certain 36.775 acre tract of land known as Lot'13, Block 154A and described as First Tract in Deed from Wm. B. Payne and N. Blake Moore to Paymore, Inc. dated July 30, 1969, and recorded in Book 498, Page 315, Deed Records, Lamar County, Texas, and Tract II being a part of that certain 31.959 acre tract of land known as Lot 1, Block.334 and described as Second Tract in the aforedescribed deed, three utility easements de- scribed as Tract I, Tract II, and Tract III as follows, to wit: TRACT I: A 40 foot temporary easement and a 20 foot permanent easement lying 20 feet and 10 feet respectively, either side of the following described centerline; BEGINNING at a point in the North Boundary Line of said 36.775.acre tract, a distance of 783.0 feet westerly from the N. E. corner of said tract., measured along an existing fence line; THENCE the centerline of said easement shall extend in a southerly direction a distance of 452.8 feet to a deflection angle of 22 Deg. 30 Min.. to the left; THENCE in a southeasterly direction a distance of 67.9 feet*to a point in the South Boundary Line of said 36.775 acre tract and in the North ROW line of the Texas and Pacific Railroad; said point being southwesterly a distance of 626.0 feet from the S. E. corner of said 36.775 acre tract, measured along an existing fence line. TRACT II: A 40 foot temporary easement which lies 30 feet South of and 10 feet North of the herein- after described centerline and a 20 foot permanent easement lying 10 feet either side of the hereinafter described line; BEGINNING at a point in the West Boundary Line of said 31.959 acre tract, a distance of 10.3 feet southerly from the N. W. corner of said tract, also being a point 10.3 feet southerly from the South ROW line of the Texas and Pacific Railroad; THENCE along a line parallel to and 10.0 feet southerly from the North Boundary Line of said 31.959 acre tract, same being the South ROW line of the Texas and Pacific Railroad, North 77 Deg. East, 1255.0 feet to a point located 10.0 feet southerly from the.North Boundary Line ofsaid 31.959 acre tract; and being southwesterly a distance of 551.0 feet from the N. E. 550 corner of said 31.959 acre tract, measured along an existing fence line on the South ROW line of said Texas and Pacific Railroad. TRACT III: A 40 foot temporary easement and a 20 foot permanent easement lying 20 feet and 10 feet respectively, either side of the following described centerline: BEGINNING at a point in the South ROW line of the Texas and Pacific Railroad ROW, said point being southwesterly a distance of 551.0 feet from the N. E. corner of said 31.959 acre tract, measured along an. existing fence line on. said South R014 line.; . THENCE in a southerly direction a distance of 1055.4 feet to a point in.the East Boundary Line of said 31.959 acre tract; also being a point in the West ROW line of the Gulf, Colorado and Santa Fe Railroad; and being northerly a distance of 8.7 feet from the S..E. corner of said tract, measured along an existing fence line. and the above three (3) tracts are owned by Wm. B. Payne of Smith County, Texas and N. Blake Moore of Paris, Lamar County, Texas, a partnership, successors to Paymore, Inc.; Tract I: A 40 foot temporary easement and a 20 foot permanent easement lying 20 feet and 10 feet respectively, either side of the following described centerline: Situated within the corporate limits of the City of Paris, Lamar County, Texas, being a part of the Asa Jarman Survey, Abstract No. 479; also being a part of.Lot 4, City Block 337; and being a part of a 15.825 acre tract described.as Sixth Tract in deed from T. J. Fouts, Jr., Trustee to John W. Porter, dated May 29, 1969, recorded in Book 493, Page 276, Deed Records, Lamar County, Texas, said utility easement.being more particularly described as- follows; to wit:. BEGINNING at a point in the East Right -of -way line of the Gulf, Colorado and Sante Fe Railroad; said point also being in the West Boundary Line of said 15.825 acre tract; and being southerly a distance. of 304.5 feet from the most northern corner of said tract, measured along said Right -of -way line; -THENCE in an easterly direction a distance of 72.3 feet to a deflection angle of 12 Deg. to the left; THENCE continuing easterly a distance of 8.4 feet to a point in the West Right -of -way line of the Texas and New Orleans Railroad; said point also being in the East Boundary Line of said 15.825 acre tract; and being southerly a distance of 303.9 feet from the most northern corner of said tract, measured along said Right -of-way line. TRACT II: A 40 foot temporary easement which lies 30 feet East of and 10 feet West of the hereinafter described centerline and a 20 foot permanent easement lying 10 feet either side of the following described line. 559 Situated within the corporate limits of the City of Paris, Lamar County, Texas, being a part of the Asa Jarman Survey, Abstract No. 479, the Larkin Rattan Survey, Abstract No. 778 and the James Bourland Survey, Abstract No, 69; also being a part of Lots 2 and 3 of City Block 172; and being a part of a 133.427 acre tract of land described as Fifth Tract in a deed from T. J. Fouts, Jr., Trustee to John W. Porter, dated May 29, 1969, recorded in Book 493, Page 276, Deed Re- cords, Lamar County, Texas, said utility easement being more particularly described as follows; to wit: BEGINNING at a point in the East Right -of -way line of the Texas and New Orleans Railroad; said point also being in the West Boundary Line of said 133.427 acre tract; and being northeasterly .a distance of 1592,0 feet from the most Western S. W. Corner of said tract, measured along said Right -of -way line; .THENCE South 75 Deg..45 Min. East, a distance of 10,0 feet to a'deflection angle of 89 Deg. 04 Min, to the right; . THENCE South 14 Deg. 15 Min. West, parallel to and 10.0 feet East of said railroad right -of -way, a distance of 652.5 feet to a point, the same being the beginning of a deflection angle of 103 degrees 30 minutes to the left. TRACT III: 'A 40 foot temporary easement and a 20 foot permanent easement lying 20 feet and 10 respect- ively, either side of the following described centerline; Situated within the corporate :limits of the City of Paris, Lamar County, Texas, being a part of the Asa Jarman Survey, Abstract No. 479, the Larkin Rattan Survey, Abstract No. 778 and the James Bourland Survey,Abstract No. 69; also being a part of Lots 2 and 3 of City Block 172; and being a part of a 133.427.acre tract of land described as Fifth Tract in a deed from T. J.. Fouts, Jr., Trustee to John W. Porter, dated May 29, 1969, recorded in Book 493, Page 276, Deed Records,.Lamar County, Texas; said utility easement being more particularly described as follows; to wit: BEGINNING at a point 10 feet -East of the East Right -of -way line.of the Texas and New Orleans Railroad; said point also being the final point in Tract II above and being the beginning of .a deflection angle.of 103 Deg. 30 Min. to the left; ..THENCE easterly a distance of 2166.0 feet to a deflection angle of.90 Deg:, the right; THENCE southerly a distance-of 125.0 feet to a point 15.0 feet West of the.intersection of the center- lines of 7th S. W.-Street-and the Old Cooper Road. TRACT IV: A 40 foot temporary easement and a 20 foot permanent easement lying 20 feet and 10 feet respect- ively, either side of the following described centerline: Situated within the corporate limits of the City of Paris, Lamar County, Texas, :being a part of the Lemuel Ewer Survey, Abstract No. 313, also being a part of Lot 4 of City Block 334; and being a part of a 2.139 acre tract of land described in a deed from the Paris, Texas Industrial Foundation to John W. Porter, dated December 9, 1976, recorded in Book 586, Page 321, Deed Records, Lamar County, Texas, said utility easement being more particularly described as follows; to wit: �J 0` u) BEGINNING at a point in the South Boundary Line of said 2.139 acre tract; said point being North 66 Deg. 17 Min. East a distance of 31,1 feet from the Southwest corner of said 2.139 acre tract at the Loop 286 North- east Boundary Line; THENCE North 39 Deg, 18 Min.. West, 41.5 feet along a line parallel with said Loop 286 boundary line to a point in the North Boundary Line of said 2.139 acre tract and the above four (4) tracts are owned by John W. Porter.of Kruin, Texas; A 40 foot temporary easement and a 20 foot permanent easement lying 20 feet and 10 feet .7- -4,pectively either side of the following described center1_3.rze; Situated within the corporate limits of the City of Paris, Lamar County, Texas, being a part of the Lemuel Ewer Survey, Abstract No. 313; also being a part of Lot 1; City Block 366,.and being a part of a 104.86.acre tract of land described in deed from Hattie Greenwood to T. W. Greenwood dated September 5, 1975, recorded in Book 587, Page 509, Deed Records, Lamar County, Texas, said utility easement being more.. particularly described as follows; to wit: BEGINNING at.a point in the East Boundary Line of said 104.86 acre tract, said point being northerly a distance of 30.6 feet from the North Boundary Line of Loop 286; THENCE along a curve to the right having a radius of 5562.51 feet and a delta angle.of 4 Deg. 49 Min., a distance of 467.6 feet to a point; said curve being parallel to and 30.0 feet North of the North Boundary line of Loop 286; THENCE North 52 Deg. 11 Min. West, 249.3 feet to a point; THENCE North 66 Deg. 58 Min. West, 80.7 feet to a point; THENCE North 57 Deg. 42 Min. West, 199,0 feet to a point; ` ` THENCE along a curve to the right having a radius of 5562.51 feet and a delta angle of 2 Deg. 34 Min. a distance. of 248.7 feet to a point; said curve being parallel to and 30.0.feet North of the North Boundary line of Loop 286 ; . THENCE North 22 Deg. 13 Min.- West, 172.9 feet to a point in the North Boundary Line of said 104.86 acre tract; said point also being in the South Right -of -way line of the Gulf, Colorado and Sante Fe Railroad; and being a point 30.0 feet North of the North Boundary Line of Loop 286 and is owned by T. W. Greenwood of Paris, Lamar County, Texas; Situated within the corporate limits of the City of Paris, Lamar County, Texas, a part of the James Bourland Survey, Abstract No. 69, and being a part of Lot 2, City Block 338, also being a part of a certain 92.998 acre tract of land which was described in deed from Martin L. Schaffer, Trustee, to Travis Grayson and wife, dated December 22, 1975, recorded in Book 577, Page 359, Deed Records, Lamar County, Texas, said two utility easements described as Tract I and Tract II as follows: 56i TRACT I: A 40 foot temporary easement which lies 27 feet South of and 13 feet North of the hereinafter described line and a 20 foot permanent easement lying 17 feet South of and 3 feet North of the hereinafter described line: BEGINNING at a point in the East Boundary Line of said 92.998 acre tract, said point being northerly a distance of 78.6 feet from the southeast corner of said above described 92.998 acre tract, measured along the West Boundary Line of 7th S. W. Street; also being 78.6 feet northerly from the North Boundary Line of Loop 286; . THENCE South 43 Deg. 35 Min. West, a distance of 132.2 feet to a point.; said point being 30.0 feet North from the North Boundary Line of said Loop 286; THENCE along a line parallel to and 30.0 feet North from the North Boundary Line of said Loop 286, South 88 Deg. 35 Min. West, 141.9 feet to the beginning of a curve to the right having a radius of 3652.72 feet and a delta angle of 18 Deg. 44 Min.; THENCE along said curve concentric with and 30.0 feet North from the North-Right-of-way line of.Loop 286, a distance of 1194.3 feet to the end of said - curve; THENCE along and parallel to and 30.0 feet North of the North Boundary Line of Loop 286 with the following calls: North 72 Deg. 41 Min. West, 247.8 feet; North 68 Deg. 07 Min. West, 250.8 feet; North 72 Deg. 41 Min. West, -40.6 feet to a point.in the West-Boundary Line of said 92.998 acre tract; said-point being 31.7 feet northerly from the S. W. corner of said tract, measured along a fence line. TRACT II.: A 40 foot temporary easement and a 20 foot permanent easement lying 20 feet and 10 feet respect ively, either side.of the following described centerline: BEGINNING at-a point 30.0 feet North from the North Boundary Line of Loop 286, said point being westerly a distance of 40.0 feet from the most Southern S. E. corner of said 92.998 acre tract; THENCE South 30.0 feet to the North Boundary Line of Loop 286 ' and is owned by Travis Grayson and wife, Lucille Grayson, and Claude D. Sharrock and.wife, Jimmie B. Sharrock of Paris, Lamar County, Texas;. A 40 foot temporary easement and a 20 foot permanent easement lying 20 feet and 10 feet respectively, either side of the following described centerline: Situated within the corporate limits of the City of Paris, Lamar County, Texas, being a part of the James Bourland Survey, Abstract No. 69, also being a part of Lot 2, City Block 336 and a part of Lot 1, City Block 338; and being a part of a 135.29 acre tract of land de- scribed in a deed from J. C. Crowley and wife, to Jack Smith dated May 28, 1946, recorded in Book 285, Page•. 598, Deed Records, Lamar County, Texas, said utility easement being more particularly described as follows; to wit:. BEGINNING at a point in the East Boundary Line of said 135.29 acre tract; said point being northerly a distance of 31.7 feet from.the North Boundary Line of Loop 286, measured along a fence line; THENCE along a line parallel to and 30.0 feet 562 North from the North Boundary Line of Loop 286 on the following calls: North 72 Deg. 41 Min. West, 250.2 feet; North 77 Deg. 15 Min. West, 261.9 feet to a point; THENCE North 69 Deg. 48 Min. West, 199.0 feet to a point; THENCE North 72 Deg. 41 Min. West, along a line parallel to and 40.0 feet North from the North Boundary Line of Loop 286, 150.0 feet to a point; THENCE North 75 Deg. 05 Mina West,-238.2 feet to a point in the East Boundary Line of the.Texas and New. Orleans kailroad; THENCE along a line parallel to and 30.0 feet North from the North Boundary Line of Loop 286. North 72 Deg. 41 Min. West, at 100.3 feet passing the West Boundary Line of said railroad Right -of -way, continuing in all a distance of 567.0 feet to the beginning of a curve to the right having a radius of 5562.51 feet and a delta angle of 8 Deg: 39 Min.; THENCE along said curve to the right a distance of 839.1 feet to a.point in the West Boundary Line of said 135.29 acre tract; said point being northerly a distance of 30.6 feet from.the North Boundary Line of Loop 286, measured along a fence line and is owned by Jack Smith of Paris, Lamar County, Texas; Situated within the corporate limits.of the City of Paris, Lamar County, Texas, being a part of the Lemuel Ewer Survey, Abstract No. 313, also being a part of Lot 4A, City Block 334; and being a part of a 47.951 acre tract of land described in a deed from Elizabeth Reeder and.others to Texas Power and Light Company, dated Novembe 20, 1973, recorded in Book 554, Page 630, Deed Records _ Lamar County, Texas, said two utility easements described as Tract I and Tract II and being more particularly described as follows: TRACT I: A 40 foot temporary easement being 15 feet sou ther�T-25 feet northerly and a 20 foot permanent easement lying 10 feet either side of the following`der scribed line: BEGINNING at a point in the South Boundary Line of- said 47.951 acre tract;. said point being northeasterly a distance of 171.3 feet from the Northeast boundary line of Loop 28.6; also .being a point in the Northwest ROW line of the Gulf, Colorado and Santa. Fe Railroad; THENCE North 23 Deg. 22 Min. West, 15:O.feet to a point; THENCE along a line.parallel to and 15.0 feet northerly from the South Boundary Line of said 47.951 acre tract, South 66 Deg. 38 Min. West, 126.1 feet to a point TRACT II: A.40 foot temporary easement and a 20 foot permanent easement lying 20 feet and 10 feet respect. ively, either side of the following described centerline: BEGINNING at a point 15 feet northerly from the South Boundary Line of said 47.951 acre tract; THENCE North 68 Deg. 22 Min. West, 50.O feet to the beginning of a curve to the right having a radius of 5562.51 feet and a delta angle of 3 Deg. 02 Min.; 56� THENCE along said curve concentric with and 30.0 feet Northeast from the Northeast ROW line of Loop 286, 293.9 feet to the end of said curve-, THENCE along lines that are parallel to and 30.0 feet Northeast from the Northeast ROW line of Loop 286 on the following calls: North 44 Deg. 30 Min. West, 725.8 feet North 40 Deg. 41 Min. West, 292.5 feet to a point in the N. W. Boundary Line of said 47.951 acre tract, a distance of 34.5 feet Northeast from the most Western corner of said tract, and is owned by Texas Power & Light Company of Dallas County, Texas; TRACT I: A 40 foot temporary easement and a 20 foot permanent easement lying 20 feet and 10 feet respectively either side of the following described centerline: Situated within the corporate limits of the City of Paris, Lamar County, Texas; being a part of the Lemuel Ewer Survey, Abstract No. 313; also being a part of Lot 4 City Block 334; and being.a - part of a 37.801 acre tract described as Tract Two in a deed from the Paris,'Texas Industrial Foundation, Inc., to Stockham Valves and Fittings, Inc., dated December 29, 1976, recorded in Book 586, Page 346, Deed Records, Lamar County, Texas, said utility easement being more particularly described as follows: . BEGINNING at a point in the South Boundary Line of said 37.801 acre tract, said point being northeasterly a distance of 34.3 feet from the Northeast boundary line of Loop 286, measured.along the South Boundary Line of_ said 37.801 acre tract; THENCE along a line parallel to and 30.0 feet northeasterly from the Northeast boundary line of Loop 286 on the following calls: North 43 Deg. 08 Min. West, 421.8 feet; North 1 Deg. 10 Min. West, 117.3 feet to a point; THENCE along a line parallel to and 20.0 feet southeasterly from the Southeast boundary line of FM Hwy. 137, North 40.Deg. 46 Min._ East, 73.0 feet to a, point; THENCE North 49 Deg. 14 Min. West, 20.O feet to a point in the Southeast boundary line of FM Hwy. 137. TRACT II: A 40 foot temporary easement lying 10 feet North and 30 feet South and a 20.foot' permanent easement 10 feet either side of the hereinafter described line: Situated within the corporate limits.of the City .of Paris, Lamar County, Texas,.being a part of the Asa Jarman Survey, Abstract No. 479; also being a part of Lot 2, City Block 334; and being a part of a 50.601 acre tract described as Tract One in a deed from the Paris, Texas Industrial Foundation, Inc., to Stockham Valves and Fittings, Inc., dated December 29, 1976, re- corded in Book 586, Page 346, Deed Records, Lamar County, Texas, said utility easement being more particularly de- scribed as follows: BEGINNING at a point in the West boundary line of said 50.601 acre tract; said point also being in the East Boundary Line of FM Hwy. 137; and being south- westerly a distance of 14.7 feet from the Northwest corner of said 50.601 acre tract, measured along the highway boundary line; THENCE along a line parallel to and 10.0 feet southerly from the North boundary line of said 50.601 acre tract, North 77 Deg. East, 1654.0 feet to a point in the East boundary line of said tract, said point being South a distance of 10.3 feet from the Northeast corner of said 50.601 acre tract and the above two (2) tracts are owned by Stockham Valves & Fittings,.Inc. of Jefferson County, Alabama; and, WHEREAS, the City Council finds that the above described utility easements are necessary for said improvement project and that the same should be condemned; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Attorney, T. K. Haynes, be, and he is hereby author- ized and directed to proceed to condemn the above described prop- erty to be used for water main service to the Southwest Industrial District of the City of Paris.. Passed and adopted this 30th day of July, 1979. ATTEST: H. C. Gr ne, City Clerk APPROVED A5,--'SO FOR14: T. K. Haynes, City Attorney ' Resolution No. 1956 adopting an amended project schedule for the Infiltration/ Inflow Project was presented. A motion was made by Councilman Burnett, secoded by Councilman Kyle for adoption of the Resolution. Prior to the question Mr. Robert Flayter, Consulting Engineer appeared before the Council and explained the amendments. . Mayor Malone called for the vote which showed 7 ayes, 0 nays for adoption of the Resolution. 4 i, f' r RESOLUTION NO. 1956 565 WHEREAS, the City Council of the City of Paris did in -- - - - Resolution-No. 1675, passed on the 24th day of March, 1975, adopt a - - -- project schedule for the infiltration /inflow project which is in pro- gress, with the aid of a federal grant pursuant to the Federal Water Pollution Control Act Amendments of .1972, Public Law 92 -500; and, WHEREAS, said grant was processed by application to the Texas Department of Water Resources and the Environmental Protection Agency; and, WHEREAS, it has become necessary that the project schedule heretofore adopted in the above described resolution must -be amended; NOW, THEREFORE, BE IT RESOLVED BY THE.' CITY COUNCIL OF THE CITY OF PARIS, That the City of Paris does hereby adopt the project schedule depicted on Exhibit A attached hereto; and, BE IT FURTHER RESOLVED; That the City of Paris; as appli- cant, understands that the project schedule, as amended, must be approved by the Texas Department of Water Resources and the Environmental Protection Agency and .that once said project schedule has been approved, no changes will be authorized without first re- ceiving approval of the change from the. Texas Department of Water Resources and the. Environmental Protection Agency. Passed and adopted this 30th day of July, 1979. Michael E. Malone, Mayor ATTEST: ! t H. C. Gre . ne, City Clerk APPROVED TO FORM: T. K. Haynes, ity Attorney • Project Schedule Calendar Days Item _ STEP 1 a A. -- - Infiltration /Inflow Analysis - (with Evaluation_Surve Plan of Stud if y y - NA days required) completed & submitted to State after Step 1 grant award. infiltration /inflow Evaluation Survey (if Complete da s y ° required) completed & submitted to State - after grant amendment for Survey. C. Application for Waste Control later than 120 days Permit (if required) made no after Public hearing notice for Facility. Plan is issued. _ D. Final Environmental Assessment and Facility Plan (including time for draft advertisement & hearing) 395 days °reports., completed and- submitted to .the State . after Step 1 grant - amendment award. STEP 2 A. user Charge System and industrial ` Cost Recovery System (if required) submitted to the State 365 days . developed and after Step 2 grant award. B. Preliminary Plan of operation_(if required) ..365 days - completed.and submitted to the State after Step 2 grant award. ifications C Final Plans and Spec, 54$ days. . _ . completed and submitted to State . after _Step 2 grant award. STEP3 Advertise for Cons truction rtiseform 30 days A. after authorization to adverts bids has been issued. B. Submit Bid Opening.Documents within 105 days after authorization to advertise for bids has'been issued. - Award of Construct ion � ? days C. after authorization to awardcthercontract has been issued. Initiation of Construction within 60 days I?. after the award of ttie contract. Resolution Pilo. 1957 authorizing and directing the Mayor to execute on behalf of the City of Paris the pipe line licenses with the Atchison, Topeka and Santa Fe Railway Company was presented. A motion was made by Councilman Williams, seconded by Councilman Francis for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 1957 WHEREAS, the City Council of the City of Paris did heretofore authorize, in-Resolution No. 1895, the processing of -a grant applica- tion urder the Public Works and Economic Development Act of 1965, as amended, and did thereafter in Resolution No. 1913 authorize said application to be increased, and did in Resolution No. 1933 accept a grant offer which authorized the construction to completion of the project; and, WHEREAS, it is necessary to procure easements from all owners of property across which said project must traverse; and, WHEREAS, The Atchison, Topeka and Santa Fe Railway Company has offered to grant two licenses for the consideration of $150.00 ea &h under its right of. way in the form of a Pipe Line License as shown in Exhibits A and B attached hereto; NOW, THEREFORE, - BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, Michael, E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Pipe Line Licenses dated July 20, 1979, with The Atchison, Topeka and Santa Fe Railway Company in the form shown on Exhibits A and B attached. hereto. Passed and adopted this 30th day of July, 1979. is aei E. Malone, Mayor A TTEST: H. C: Greerne, ' City Clerk AWFfayneg, FORM: �P y Attorney 56� Ct 284JU - Form 165WSteadord (APProvod by oo"ral Solicitor) PIPE LU E LICENSE THIS LICENSE, Made this t_b _.day between _xTi_FiISQI��_QPKA__tLT38Y�Ql Ate_ a: _�- Delaware �_�W corporation (hereinafter called "Licensor"), party of the first part, and -- -____- the _CxTY �.1cuis. pal_ o�ciz�tixs�n ,.zcting_heriz�.hy - -- __ _li3y+ar heseunto di t s .:�! AJlthnrl nkud (hereinafter, wt�cether one or more, called "licensee "), party `of the second MITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and aWrea as- follows: I. Subject to theterms and conditions hereinafter set forth, Licensor. license& L_ icensee to construct and maintain �9na .�.ii: i.:.v::::• {.�_ ....;...12.. -�'i' S::_ . ...... .... ...... .... ,.1 ._. -.... ( 1 ) pipe line _ - _Lon.�hun :6 1 izth "ond _( 3)_a!U_inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE "), across or along the right of way of Licensor at or near the station of- Par-ts,,- Lamar_ C2uYiiry, _. the exact location of the PIPE LINE being more particularly shown by red coloring-upon the print hereto attached, No._X -305L dated_. m y_39_g29Z9_• V. marked `-`Exhibit A' and made apart hereof. 2. Licenses shall use the PIPE LINE solely for carrying?_ _ and shall not use it to carry any, other commodity or for any other purpose whatsoever. Y 3. Licensee shall pay Licensor as compensation for this license the sum of- Due- Rundred_Utty_ and NoL:L00ths 0150,00) 4. 'cost and subject to the supervisionf and'cont�rol of °Liceriso?s'c`hief engineer, locate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time ba a source of danger to or interference with the present or future tracks, roadbed and properly of Licensor.. qr the safe operation of its railroad. In cases where the Licensee is permitted under paragraph 2-hereof to use -the' PIPE LINE for oiI, gas, petroleum products, or other flammable or highly: volatile substances -under pressure, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the. plans and specifications shmvn on print hereto attached in such cases, marked Exhibit R and made a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, IA= censor may, at its option, itself perform such wort: as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but. failure on the part of Licensor to per- form the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false worlc to support Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all toss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any man- ner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, includixr- any such loss, damage or expense arising out of (a) los3 of or damage to property, -(b) injury to or death of persons,. (c) mechanics' or other liens of any character, or (d) taxes or assessments of any land. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants. herein contained Licensor may at its election forthwith revoke this license. EXHIBIT A U 569 ' S. 'THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days' notice in writing-to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon de- mand of Licensor, shall abandon the use of the PIPE. LINE tend remove the same and restore the right of way and tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (I0) days after the effective date of termination, Licensor may proceed with such. work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation here- under, whether of indemnity or otherwise; resulting from.. any ­acts, omissions or events happening prior to the date the PIPE LINE is removed and the right of way and track of Licensor restored as above provided_ 9. In the case of the eviction of Licensee by aizyore• owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or - abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any' nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail; postage prepaid, addressed to Licensee at.____T _ _ P. 0. Box 1037- Paris„ Texas 75460 _ Any notice to be given hereunder iy Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, hostage prepaid, addressed to Licensor's���_ _ _ Division Supar3nt.endent at 204 Santa Pe Bldg ;; 14th & Jones Sts.; } Port Worth. Texas 76102 . 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements. of such parties: _. _. _.._ - . .. _ .... _. _. -- _ r _ ..�•, . - 12. All the covenants and provisions of this instrument shall be binding upbii and inure'to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benelit of the parties hereto, but no assignment hereof by Licensee, its successors, Iegal representatives or assigns, or any subsequent assignee, shall, be bind- ing upon Licensor without the written consent of Licensor in each instance. Wherein the name "CITY OF PARIS, TEXAS" is .used in exhibits attached hereto the same is hereby changed by reference: to the correct name-.of..­:). t.., �:,o ►C�TY• -fJ� ":PARIS ".. . . - - - .._ .. - - - • - .... -.. y. ;; - r . ` , r r - .. _ is _ ���� •' IN WITNESS WHEREOF -The parties have executed 'this agreement in duplicate the day and year,frst above,vtiritten. •_. H..... . ..N.. T .. - , ...: - , :. •......_.,:.. __.. . . - THE ATCIS03 TOPEKA AITO SAN-TA VE- RAILWAY COMPAI�I'�t ---- _.�..._ ( Licensor) • Approved as to Description: 'Assistant to General Mana wr�� _:� ,,.� Its - -- - - -- _ ^;�. Chief.Enpineer: EXHIBIT-A" TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY- DIVISION DISTRICT /V ©.�i"hrERN DIVISION AND Cf7-r QF P,4RIs9 7-cx ,4s coYF1P�11orr •4 W,47ZFA L /N<~. Cf otS45lN MEW? Zcx.45 `A.G.M. - ENGINEERING - AMARILLO. TEXAS No.,- 3057" SCALE 1 = /Ode . D ATE D:.1UG 1� /9s /979 ? 29D fo Shuf-OPP V01VC ky. Ca. prop erg �Gin� - - 7�oZachaJc" so, Sfa.- 787¢i'69 ToParis -- M.A. 14'9/`749 s Main Va/. S °c. 2 9, INa o 28 ` f arcel N95 ,�y. Co. Ri-o�c er>`� Line 3 /D' fo Shul-opp Ya /vc . i Cr.S►1yG PIPE CARRIER PIPE CASINO PIP :ARRIFR PIPE , i LENGTH ON R / W • 00 v_ . %�- J.D OF PIPE ��N �¢ — ACTUAL WORKING PRESSURE SaSLLaS_: .._ CONTENTS TO BE HANDL ED i!' ' TYPE OF JOINT PIPE MATERIAL " COATING -o-n-a lr -oh8 SPECIFICATIONS AND BRADE G_I�D Bch $Q ,f or-�• WALL THICKNESS SL• ¢L "O_ n. ?�� -- METHOD OF INSTALLATION VENTS: NUMBER /SLQ2a SIZE HEIGHT OF VENT ABOVE GROUND ONE END • SEALS BOTH ENDS *A10— IPk.ttES BURY: BASE OF RAtLTO TOP OF CASING _r _FEET �:� FEET INCHES INSTALLED AS PER C.E.S. 5515 BURY: NATURAL GROUND —� INCHES PLACED BY DRY BORE ONLY BURY: ROADWAY DITCHES --�— FEET - CATHODIC PROTECT ION __110 ZC - -• - -- TYPE,SIZE AND SPACING OF INSULATORS OR SUPPORTS RItY fAAP NO 11¢- 1Z060lTA. MAP NO. A 57 Form 1653 Standard (Approved by General Solicitor} PJ'E LINE LASE . .:. THIS LICENSE, Made this —,Qtly day - between__�1�..AiIa11i�Q�, — __corporation (hereinafter called "Licensor"), party of the first part, and a - - -- - - - - -- - -- _- - - - - -- -'the CITY 0F_PA�S,,� -� a rluuicip�I c�nrpax��ion.�_ _�sct�n�h�re�n_b� ��4 — _ hereunto deLly_:authoxizect - - - -- - -- (hereinafter, whether one or more, called "liceiisee "), party of the second part. ` WITNESSETH,. That the parties hereto Tor the considerations hereinafter expressed covenant and agree as follows-. . 1. Subject to the terms an& conditions hereinafter set forth, Licensor licenses Licensee to construct - . !. ..... u.:.1. i_ .. . -. .. •...f ..:7 .. .. ... wy:. 'r . -t ..t is �.: ��. :.•J •i .... and maintain__QU - -- ( 1 ) pipe line_._ 0..20 .)_— _____inches in diameter (hereinafter, Whether one or more pipe lines, called the "PIPE LINE "), across or along the right of way of Licensor at or near the station ofnziu�.L_. _ Coua,� Texas the exact location of the PIPE LINE being more particularly - shov n by red coloring upon the print hereto attached, marked ."Exhibit. A ". and made a part hereof. .2. Licensee shall use the PIPE LINE solely for carrying -ut -- - - ---- and shall not usa it to carry any other commodity or for any other purpose Nvhatsoever. S. Licensee shall pay Licensor as compensation for this license the sum of— One Hundred_ fty and No /100ths » ........:. Y .. - 4. Licensee'dtialf; at'it5' o vi cost and subject to the supervision an control of �Licexisos s C]Uief engineer locate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed anc), property of Licensor, or the safe operation of its railroad. In cases where the Licensee Js permitted under paiagrapli- 2Aereof to use` -the PIPE LINE for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIPE LINE shall be constructed., installed and therreafter maintained in conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof.. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Li- censor may, at its option, itself perform such worl: as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor.to per- form the obligations of Licensee shall not release Licensee from liability hereunder for loss or- damage occasioned thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false -cork to support Licensors tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting xn any man- ner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including -- any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall *fail or refuse to comply with or carry out any of the covenants herein contained Licensor may at its election forthwith revoke this license. EXHIBIT B 5 7 4 8. THIS LICENSE is given by Licensor and accepted by Licensee tip6n the express condition that the same may be terminated at any time by either party upon ten (10) days' notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and that Licensee, upon de- upon the termination of this license in this or any o LINE anderemo e thprovided, nd restore the right mand of Licensor, shall abandon the use of the PIPE f of way and'tracl s of Licensor to the same condition in which they were prior to the placing of the PIPE LINE thereunder. in case Licensee shall fail to restore Licersor's premises as aforesaid within ten (1o) days after the effective date of termination, Licensor may proceed with such work, at the expense of Licensee. No termination hereof shall release Licensee -from any liability or obligation here- under, whether of indemnity or otherwise, resulting from any acts, omissions or events .happening prior to the date the PIPE LINE is removed and the right of way and track of Licensor -restored as above provided. 9. In the case of the eviction of Licensee by anyone, owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder; except the proportionate part of any xecurring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at- � --- . --- - =- _ Box 1037. Park sTexas 75460 -- �Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to Licensor's —_ ` pivision S�sg� ntendent at .204 Santa Fa Bldg- 14th &Junes Sty., -- Fart Worth, Tex a3 76102 11. in the event that iw o or more parties execute this instrument as Licensee, all the covenants ,and agreements of Licensee in this license shall_:be the_joint_and several covenants and agreements of `such parties. _ 12. All the covenants and provisions of this instrument shall be binding upon and inure to" the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representatives or assigns, or anv subsequent assignee, shall be bind-. ing upon Licensor without the written consent of Licensor in each instance. — Wherein the name "CITY OE PARIS, TEXAS" is used in exhibits attached hereto the -same is hereby changed by reference-to the correct name of ;t ' Imo. WITNESS WHERE FThe - partieshave' exeetited this �agreeznent in duplicate the day and. year first above;}yritten. _ Cf3ISO f Tai'g?{�1 AND S& _� MULWAY CO ;'L°i�31Y (Licensor) Approved as to Description: - -- - Chief-Engineer.' c.-; °s:° A1T� TCE. SGTr: e neCit Ck ler - xI� !L (Licensee) m d 573 CT 28430 EXHIBIT "A" TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY 1VORTI-IERN DIVISION PARIS DISTRICT AND ' C/ orlpAl?fso COV,,c;-IP /NCr A WA7 -.ER LINE CR0,551 VCr NEAR 1.,41W.4. G'dv�v rte, i.-X,s SCALE f� =IOC)` A.G.M.- ENGINEERING - AMARILLO, TEXAS Na. X-3058 D ATE D:,/UG /9,/9%9 /°©UDC h y Co. F'ro�aei-ry L ir7 &; 2 N �apZ$ Va/.Sec.2 N 7o Zacha ✓cf •� " N ��. Q, �� Main 7'ra�c� S fa. 7919 �` Z 0 ky. C:'o. �roper�` Line/ 03'0 `td shill- Opp V.7/1-a :,ARRIER PIPE i CASING PIPE CARRIER PIPE CASING PIF J.D OF PIPE �G.Z¢ � -- LENGTH ON RJW me ACTUAL WORKING PRESSURE •_Fi"�1 P�•Zv�.. :ONTENTS TO BE HANI:A._ED -9A21 C 2t /'oLL- S1 TYPE OF JOINT PIPE MATERIAL %3P1-_.:�rj_K.. COATING SPECIFICATIONS AND GRADE ¢,8� Q��- -- METHOD OF INSTALLATION WALL THICKNESS - !2 - -- VENTS 'NUMBER N SIZE ^- HEIGHT OF VENT ABOVE GROUND SEALS :• BOTH ENDS ' /yo _ ONE END ^tY: BASE OF RAIL TO TOP OF CASING _ FTET .�_ INCHES 2Y: NATURAL GROUND _„•FEET INCHES INSTALLED AS PER C.E.S. 5515 tivRY: ROADWAY DITCHES .. _ FEET INCHES PLACED BY DRY BORE ONLY CATHODIC PROTECTION - -- TYPE,SIZE AND SPACING OF INSULATORS OR SUPPORTS R/W IA4P NO/1¢•- /206G97A MAP NO 5%4 A motion wa's made by Councilman Fisher, seconded by Councilman Kyle to take up item five.on the agenda which had been passed previously. the motion carried 7 ayes, 0 nays. Mayor Malone requested the Council to consider a Resolution authorizing the execution of a contract to provide ambulance service to Lamar County. Resolution No. 1958 extending emergency and transfer ambulance-service Lv persons who reside outside the City limits -of Paris upon the terms and conditions stated in the contract.attached to Resolution 1958, and authorizing and directing the !Mayor to execute on'behalf of the :City of Paris the ambulance service contract- with the Commissioners -Court of Lamar County was presented. RESOLUTION NO. 1958 WHEREAS, the City Council of the City of Paris has been re- quested to provide ambulance and -transfer---ambulance service to the citizens of Lamar County, who reside outside the City of Paris, by the Commissioners Court of Lamar County, Texas; and, WHEREAS, the form of contract to provide such service is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That emergency and transfer ambulance service be extended to the citizens of Lamar County, who reside outside the City Limits of the City of Paris; upon the - -terms and conditions stated in the contract attached hereto as Exhibit A, and that the Mayor of the City of Paris , Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the ambulance service contract with the Commissioners Court of Lamar County, Texas, in the form of Exhibit A attached hereto. Passed and adopted this 30th day of July, 1979.. Michael E. alone, Mayor ATTEST: , H. . G eene, City Clerk APP OVED O FORM: T. K. Haynes, city Attorney 575) AMBULANCE SERVICE CONTRACT STATE OF TEXAS COUNTY OF LAMAR X This contract made and entered into this 30th day of July, 1979, by and between the.CITY OF PARIS, Paris, Texas, a body politic, acting by and through its Mayor, duly authorized, hereinafter called City; and the COUNTY OF LAMAR, State of Texas, acting by and through its County Judge, duly authorized, hereinafter called County; hereby contract and agree as follows: 1. City covenants and agrees that it.will furnish and provide adequate ambulance service and related emer gency service to all persons within the County of Lamar,. without regard to race, color, sex or national origin. 2. City covenants and agrees that it will comply with all safety requirements of the law pertaining to the furnishing of ambulance service and that all vehicles.used as ambulances will be distinctly marked and colored as re- quired by State Law and City Ordinances. The ambulance service shall be referred to as "CITY OF PARIS AMBULANCE, SERVICE" and the vehicles used in providing said service shall.bear the City of Paris decal -with the additional words, "serving PARIS and LAMAR COUNTY." 3.1 City agrees that ambulance attendants will be certified by the Texas State Department of Health under the terms of the Emergency Ambulance Act; that each emer- gency ambulance shall have the services of a driver and attendant, one of whom has satisfactorily completed the Red Cross Advanced First -Aid Course or certified by State of Texas as Emergency Care Attendant or who is qualified as an Emergency Medical Technician - Ambulance; that all EXHIBIT A 576 attendants must complete the course of study of the Emergency Medical Technician (EMT) basic training course within six (6) months from date of employment; that all persons driving equipment used as ambulances must have a valid State of Texas Chauffeur's License; with one attendant on each ambulance being paramedical certified by the State Board of Health on and after September 1, 1981. 4. City agrees to provided State of Texas Certi- fied EMT Course beginning on the 1st day of February, 1980 and to possess an in- service training program agreement with one or both of the local hospitals..- 5. City agrees that each vehicle used as an ambulance shall be equipped with a two -way radio which transmits and receives on frequencies designated.by the FCC and the radio communications to and0froni said ambulances and the central dispatch emergency vehicles in coordination with and by the knowledge of the Lamar County Sheriff's Office and the Paris Police Department and McCuistion and St. Joseph, each hospital furnishing its own radio equipment which must meet all requirements for the State Medical Services Communication System attached hereto as Exhibit A. 6. City agrees that all vehicles used for emer- gency service will meet or exceed Amendment -1 of Fed. Spec. KKK -A -1822 attached hereto as Exhibit B and meet the minimal equipment listed on Exhibit C attached here- to and that all ambulances and accessory equipment shall be subject to inspection by designated representative of the County and if at any time same are not in compliance with the provisions hereof, or if any ambulance is in need of mechanical repairs in order to insure its satis- factory operation, the said vehicle must be removed from service.. 57;' 7. City agrees that it will answer all emer- cency calls within the limits of the City and County and that no person within the City and County shall.___ -.- be refused emergency service, and further agrees that transfer emergency service when directed by a medical doctor will not be refused and agrees to deliver patients to McCuistion and St. Joseph Hospital in the following manner: (a) To the hospital that victim; his personal physician, or next of kin, so desig- nate; or (b) To the nearest hospital from the acci- dent site of the victim, when his personal physician or next of kin cannot respond to the ambulance director's inquiry.. 8. City agrees that at all times during the effect- ive period of this contract to have procured and kept in force and effect policy or policies of public liability insurance covering each motor vehicle operated under this contract in the minimun amounts of $100,000.00 for bobily injury or death to any one person and $300,000.00 for all persons injured in any one accident or occasion and $25,000.00 for property damages arising out of any one accident or occasion. 9. City agrees to furnish the County Judge, Lamar County, an annual operating statement relating to revenues, expenses, call statistics and the status of delinquent and uncollectable accounts and that all non - medical re- cords of the services rendered under this contract and training and certification records of all employees be available for inspection and review by such County Judge or his designated representatives and to furnish a monthly report in the form of Exhibit D attached hereto. 57v 10. City agrees to operate.the ambulance oper- --- -ation in- accordance with the requirements of State Law and applicable requirements of City and County.as may be in effect. ll.. City agrees that it will have a.minimum of three ambulances which meet the ambulance and equipment requirements as set out in Paragraph 6 above, manned with a crew of two men each available to the citizens of the City and County 24 hours per day,.seven (7) days per week. 12.. County agrees that non - emergency transfer service from points within the City or County to points outside the County shall be made at the prerogative of and by the good judgement of City; that ambulance service from points outside -the County to any desti- nation shall be made at the prerogative of City and shall not be covered by this contract. 13. The County agrees to pay to City the annual sum of $44,542.00 which is $3,711.84 per month and the annual amount to be paid by County to City shall be made in twelve equal monthly installments, the first of which is to be made.on the first day of September, 1979, with a like payment being made. on the first day of each month thereafter. 14.. This agreement shall be effective and the term thereof shall commence on the 1st day of September,. 1979 and shall expire on the 31st day of August, 1980. 15. It is agreed that the County shall not be liable for any expenses incurred in the operation and maintenance of said ambulance service. 16. It is further understood and agreed that neither the County nor any of its agents, servants or 579 employees shall be considered to be in the business of providing ambulance service, and the relationship between the parties shall not bd" consi.dered that of a partnership or joint venture and that the status of City shall be that of an independent contractor providing services to the County and its inhabitants in exchange for the payment of amounts herein set forth. 17. It is.mutually understood and agreed between the parties that the payments made by the County to City. shall in no way affect the right of City to collect the charges hereinafter set out in Paragraph 18 from persons for ambulance service rendered, and it is expressly under- stood and agreed that no one shall be entitled to free ambulance service under this contract, and diligent efforts shall be made to collect accounts outstanding in keeping with good.and ethical business practices. 18. It is understood and agreed that charges for services rendered under the scope of this contract within the limits of the City and County shall be per patient per call as follows: .EMERGENCY SERVICE $40.00 within the City Limits EMERGENCY TRANSFER $40.00 plus $1.25 SERVICE to a point per mile from point outside the City of:pick up.to point Limits -of delivery TRANSFER SERVICE $35.00 within the City Limits TRANSFER SERVICE $35.00 plus $1.00 to a point outside per mile from point the City Limits of pick up to point of delivery A usual, reasonable and customary charge for medical supplies and service used or required in connection with emergency and non- emergency transfer service shall be made. 19. It is agreed that if any patient dies while enroute to any hospital, the ambulance driver shall deliver the body 5 181 0 of such deceased person to the nearest hospital, unless otherwise directed by responsible parties and remain there until a medical examiner or licensed medical doctor formally pronounces the subject dead. City and County agree that City will not be required to transport any cadavers from any hospital. 20. It is agreed that all calls for ambulance service that are received by County shall be referred to the CITY OF PARIS AMBULANCE SERVICE, operated by City. 21. In the event that the County desires continued ambulance service beyond the end of this contract, being August 31, 1979, County shall give written notice to the City on or before 1.June, 1980, of its desire for service for an additional term and, upon receipt of said notice .on or before June 20, 1980, City will deliver to County the rates and contract price upon which it will deliver service and, thereafter on or before l'July, 1980, County will execute the contract for service for the additional term upon the same terms and conditions as stated herein. H. C. Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney COUNTY OF LAMAR, STATE OF TEXAS By: Brady Fisher, County Judge By: APPROVED AS TO FORM LL T is, _ ttorney = om --We.1 aunty A - 581 STATE OF TEXAS X - COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL E. MALONE, Mayor of the -City of Paris, Paris, Texas, known to me to be the person.whose name is subscribed to the foregoing instrument, and acknow- ledged 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 , 1979. Notary Public, Lamar County, Texas STATE OF TEXAS X COUNTY OF LAMAR X BEFORE ME, the undersigned authority, on this day personally appeared BRADY FISHER, County Judge of Lamar County, Texas, 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 con - sideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 1979. Notary Public, Lamar County, Texas k n 58 A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Resolution. The motion carried 7 ayes, G nays.: Mayor Malone announced that the Council would go into executive session and the regular session was declared closed and the executive session open. Mr. Marvin Gibbs appeared before the Council in the executive.session and discussed a contract for raw water service with an un- disclosed industry that is considering locating in Lamar County. Mayor Malone declared the executive session closed and the regular session open, There being no further'business, the meeting adjourned. CHAEL ATTEST: H. C. GREER ; CI T ( CLERK M 583 - 1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL August 13., 1979 The regular meeting of the City Council of the City of Paris was held Monday, August 13, 1979 at 7:00 P. M. Mayor Malone called the meeting to order with the following Councilmen present: B. J. Burnett, George Fisher, Jr. Walter F. Williams, W. C. Francis, and Ron Kyle. Also present were City Manager, Robert W. Sokoil, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Prayer was offered by 1ectdr° Paul Hadley, Holy Cross Epescopal Church. Mayor Malone ask if there were any corrections to the mi utes of previous meetings furnished to the Council memb &§ . Thore being one, the minutes Were approved. Mayor Malone annoyneed that the first order of business would be consideration of. the r6cbm6endatio6s trade by the planning ah.d honing Commission. Mayor Malone declared. he puOl;ic;,heaHng :,opeh on the petition to James Gladden for a change in zoning 64m a and fa�niiy dwelling Dist: ict No. 2 to a General Retail District on Lot $; City Block 201. Mayor Malone called for° prJpdnents to :appear and fir. James Gladden appeared, to his behalf stating that he had no definite plans for the tract in question. Mayor Aalon4 called fbr opponents to appear and Mrs. Mary Green, 2100 Bonham Street appeared in opposition. A petition bpposing the change signed by thirteen citizens representing eight property owners was presented to the Council. Mr. Eddie Henry and Mr. Claude Fair appeared before the Council also in opposition to the zoning change. Mayor Malone declared the public hearing closed.. ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A GENERAL RETAIL DISTRICT (GR) ON A PART OF LOT 8, CITY BLOCK 201, ON PROPERTY BELONGING TO JAMES GLADDEN AND WIFE, JO ELLA GLADDEN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FNIILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) SO ESTABLISHED. was presented. A motion was made by Councilman Francis, seconded by Councilman Williams to disapprove the Ordinance and deny the zoning. The Motion carried 5 ayes, 1 nay. Councilman Kyle voting nay. z� City Attorney Haynes presented the following request for amendments to zoning Ordinance No. 1710. James Moore, Trustee, M.F.W. Development Company, Tract One from Agriculture District to SF -2 District, Tract Two from Agriculture and SF -2 District to 2F District, Tract Three from Agriculture & SF -2 District to MF -1 District; David Glass, Tract One from Agriculture District to General Retail and Tract Two from Agriculture District to SF -2 District; Eastfield Development Company, Tract One, Lot 18 thru 20, Block A, and Lots 11 thru 20, Block C from Commercial to a Single Family District Two, and Tract Two, Lots 1 thru 10, Block B, phase Two from Commercial to a Two Family District. Mayor Malone referred the petitions to the Planning and Zoning Commission for their study and recommendations and called for a public hearing at the next regular Council meeting. City Manager Sokoli recommended the Council's approval of the State Department of Highways and Public Transportation option on the South Highway 24 Project for a continuous left turn lane in the center with two lanes of traffic in each direction adjacent to it and parallel parking at the curb lane prohibited. Director of Public Works, Darrell Gunn also recommended approval of 'ttie option. A motion was made by Councilman Williams, seconded by Councilman Burnett approving the recommendation of the Manager and Director of Public Works. The motion carried 6 ayes, 0 nays. F*dj M alone declared the public hearing open on a Pro Rata Ordinance for a sewei.A in6 on Pine Mill Road, located east of 30th Street N. E. on Pine Mill Road. No proponents or opponents appeared at the public hearing, and the public hearing was declared closed. Resolution No. 1959 resolving that the City Manager, Robert W. Sokoli, be, and he is hereby authorized and directed to proceed with said project and that a pro -rata contract is waived with regard to this project, but upon completion of the project the actual costs of said project shall be fixed and the price per foot established for the purpose of the charging of the pro -rata charges to property owners adjacent to and benefitting from the same and the amounts to be collected in the event of connection to the line so constructed was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Resolution. The motion carried 6 ayes, 0 nays. 58 RESOLUTION.NO. 1959 . WHEREAS, the City Council of the City of Paris did heretofore "receive a request for a pro -rata sewer service extension to the area adjacent to Pine Mill Road from 30th Street, N. E. , East ap- proximately 1680 feet to an existing sewer line; and, WHEREAS, upon the receipt of the same preliminary plans, specifications and estimate of the total cost of the project were prepared and delivered to the City Manager and considered at the regular Council Meeting on the 9th day of July, 1979, and a public hearing concerning the same was set for and held on the 13th day of August, 1979; and, WHEREAS, after hearing the matters presented at the public hearing the City Council is of the opinion that it is in the best in- terest of the citizens of Paris and. particularly the citizens in the vicinity of the proposed project that the City of Paris act as sponsor for said project, which is necessary for the protection of health and welfare in this undeveloped area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Pine Mill Road sanitary sewer extension, being from 30th Street, N. E. , East approximately 1680 feet to an exist - ing sewer line, be, and the same is hereby approved; a-ad, BE IT FURTHER RESOLVED, That the City Manager, -- Robert W. Sokoll, be, and he is hereby authorized and directed to proceed- with said project and that a pro -rata contract is waived with. regard to this project, but upon completion of the project the actual costs of said project shall be fixed and the price per foot established for the purpose of the charging of the pro -rata. charges to property owners adjacent to and benefitting from the same and the amounts to be collected in the event of connection to the line so constructed. Passed and adopted this 13th day of August, 1979. ichael E. Malone, Mayor ATTEST: H. rein, City Clerk APPROVED TO FORM: T. K. Haynes, City Attorney _. .: _ LJ�v City Manager Sokol] requested authorization to advertise for bids for the sewer line project on Pine Mill Road. A motion was made by Councilman Fisher, seconded by Councilman Williams approving the request of the Manager. The motion carried 6 ayes, 0 nays. City Attorney Haynes presented the following Resolution authorizing condemnation of right of way for the Pine Mill Road. Project. Resolution Flo. 1960 ' authorizing and directing the City Attorney to proceed to condemn. the rights -of -way needed for.the Pine Mill Road Project was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 1960 WHEREAS, the City Council of the City of Paris has undertaken a project of construction entitled PINE MILT. ROAD SANITARY SE14ER EXTENSION consisting: °of six inch (6 ") and eight inch (8 ") sanitary sewer service,adjacent to Pine Mill Road between 30th Street N. E. and 32nd Street N. E.; and, -WHEREAS, the City Council of the City of Paris has undertaken a project of construction entitled PINE MILL ROAD from 30th Street N. E. to Loop 286 East; and, WHEREAS, the easements described on Exhibit A attached hereto with owners shown immediately after each, is necessary for such sanitary sewer and sewer utility project And said street improvement project; and, WHEREAS, the City Council finds that the street right - of -way easements are necessary for said improvement projects and that the same should be condemned; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Attorney, T. K. Haynes, be, and.he is hereby authorized and directed to proeeed'to condemn the rights -of- way described on Exhibit A attached hereto to be -used for the said utility and street improvement projects. Passed and adopted this 13th day of August, 1979. Michael E. Malone, Mayor ATTEST: H. Gr ene, City C er APPROVED AS TO FORM: T. K. aynes, City Attorney 58? OWNERSHIP LISTING ON PINE MILL. ROAD 10,100 sq. ft. .231. acres Parcel �� 1 l785 222tE- Hickory -1653 Blk. 11259 Lot 014 1850 sq. ft .041 acres Parcel V2 J.W. Adams .. -_ - -3100 Pine Mill Road - - - - -- _._.. - 785 -1].59 • --, Blk. #316 Lot I 1400 sq. ft. .032 acres parcel #2A J. William Adams 3125 Pine Bluff 785 -1159 Blk. #316 Lot 13 Baptist Church. 3465 sq. ft. .080. acres .parcel # 3 Victory ` 3155 Pine Mill Road Paris, Texas Blk. #316 Lot #133 � .. .. 0 4 Eastfield Development CO- 15 582 sq. ft. .358 acres arcel 222 222 E. Hickory 785 -1653 Bik. #316 Lot #12 2345 sq. £t. .054 acres Parcel -5 4261N.E. 30ths785 -2302 Blk. #294. Lot ;�11 1230 sq. ft. .028 acres �,,. Parcel 6 Bill Montgomery # 996 3050 Pine Mill Rd. Box Blk. #294 Lot #12. 3685 sq. ft. .085 acres _ - Parcel � 7 John Ford 784 -6882 4 2425 Cresent Blk. #294 Lot #13 # 8 Paris Independent School Dist- 8250 sq. £t. .189 acres Parcel .784-6668 P.O. Box 1159 Blk. # 294 Lot i 1.8 1200 sq. ft. ..028 acres Parcel # 9 James Copeland 3190 Pine Mill Raad Blk. #294 Lot #16 f 1990 sq. t. .045 acres `. Parcel #10 Sharrock & Sharrock r 3420 Pine Mill Rd. Blk. #296 Lot 22B ` -1343 sq. ft. .031 acres Parcel #11 James Sharrock Estates Mill Rd. 784 -8585 3420 Pine Blk. # 296 Lot 22A 784 -6735 1700 sq. ft. .039 acres � Parcel 412 Sharrock & Sharroc' 3430 Pine Mill Rd. Blk. #296 Lot #27 1430 sq. ft. .033 acres Parcel #13 Ken's Food Mart Kenneth Holcomb 785 -2282 or 784 -8773 Blk. #296 Lot 026 810 39th S.E. EXHIBIT A Mayor Malone called for the reading of a previously authorized Ordinance prohibiting the transportation of fireworks within the City. ORDINANCE NO. 2463 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMMED BY REVISING SECTION _- 10 OF SAID CODE; PROVIDING THAT TRANSPORTATION OF FIREWORKS WITHIN THE CITY IS PROHIBITED; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1979. was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams against the adoption of the Ordinance. The vote showed 3 ayes, 3 nays against the adoption -of the Ordinance. Councilman Fisher, Councilman Kyle, and�Counciiman Francis voting nay. A motion was made by Councilman Fisher, seconded by Councilman Kyle for adoption of the Ordinance which showed 4 ayes, 2 nays, and the Ordinance was adapted; Councilman Burnett, and Councilman Williams voting nay. Mayor Malone called for the tabulation of bids received for a Flat Bed Truck With Hoist for the Parks and Recreation Department, and the following bids were received: Lowry Chevrolet Company Inc. $13,945.00 (Bid on 1979 Model in stock) Morphew Buick - GMC Truck Co. $14,762-.24. (1980 Model) City Manager Sokoll recommended the low bid of the Lowry Chevroiet�Company be awarded in the amount of $13,945.00. A motion was made by Councilman Williams, seconded by Councilman Kyle approving the recommendation of the City Manager. The motion carried 6 ayes, 0 nays. Mayor Malone called for the tabulation of bids for a Riding Mower for the Parks and Recreation Department and the following bids were presented: Goldthwaites of Texas - Dallas; Texas $ 3,620.00 Watson Dist. Co., Inc.- Dallas, Texas $ 3,641.00 Colonial Motor Company - Dallas, Texas $ 4,850.00 City Manager Sokoll recommended the bid of Goldthwaites of Texas be awarded in the amount of $3,620.00. A motion was made by Councilman Fisher to reject all bids. The motion failed for lack of a second. A motion was made by Council- man Williams, seconded by Councilman Burnett to approve the recommendation of the City Manager. The motion carried 5 ayes, 1 nay. Councilman Fisher voting nay. I 589 Mayor Malone called for the tabulation of bids for Two Dump Trucks with Hoist for the Street Department and the following bids were presented: Lowry Chevrolet, Inc. Unit Price $13,445.00 Total Price for 2 trucks 26,890.00 Morphew Buick -GMC Truck Co. Unit Price $14,282.00 Total Price for 2 trucks 28,564.66 City Manager Sokoll recommended the low bid of Lowry Chevrolet Inc. be accepted in the amount of $26,890.00. A motion Was made by.Councilman Burnett, seconded by Councilman Williams approving the recommendation of the City Manager, The motion carried 6 ayes, 0 nays. Mayor Malone called for the tabulation of bids received for a Self - Propelled Rotary Broom for the Street Department, and the following bids were presented: ._ Hi -Way Machinery Co. - Dallas, Texas $14,303.00 Plains Machinery Co. - Longview, Texas $14,615.00 biesel Option $16,661.00 City MOager Sokoll recommended that the bid of the Plains Machinery Company for a diesel optional motor in the amount of $16,661.00 be approved. A motion was made by Councilman Burnett, seconded by Councilman Kyle approving the recommendation of the City Manager. The motion carried 6 ayes, 0 nays. Mayor Malone called for the tabulation of bids for an Excavator for the Street Department and the following bids were presented: Hi -Way Machinery Company Dallas, Texas Total Price $98,610.00 Less Trade -In 25,000.00 Net Difference $73,610.00 For Car unloading Attachment Add 4,370.00 Base Bid $77,980.00 Holman- Bennett - Phillips Equip. Co., Inc. Tyler, Texas Total Price $93,400.00 Less Trade -In 13,000.00 Net Difference $80,400.00 City Manager Sokoll recommended the bid of the Holman- Bennett - Phillips Equipment Company Inc. for a Drott Excavator be approved in the amount of $80,400.00 net. Mr. Gordon Grubbs of the Holman- Bennett - Phillips Equipment Company appeared before the Council stating that the old Excavator trade -in could be kept for a price of $13,000.00. Mr. Bill Hart of the Hi -Way Machinery Company appeared before the Council and discussed his equipment. After discussion a motion was made by Councilman Francis, seconded by Councilman Fisher to award the bid to the Holman- Bennett - Phillips Equipment Company Inc. with the staff's discretion as to the trade -in. The Motion carried 6 ayes, 0 nays. f� Mayor Malone called for tabulation of bids for Two Loader - Backhoes for the Water & Sewer Department, and the foiloWing bids were presented: LaRue Ford Tractor Company 14' Backhoe $22,653.00 Extendable Backhoe 24,262.00 Total Price for 2 Backhoes 46,91 d0 Case Power & Equipment 14' Backhoe $23,300.00 Extendable Backhoe 25,250.00 Total Price for 2 Backhoes 48,550.00 Glass Implement 14' Backhoe $23,725.00 Extendable Backhoe 26,775.00 Total Price for � Backhobs $50,500.00 City Manager:Sokoll recommended the bid be awarded to Case Power & Equipment Company in the amount of $48,550.00. A motion was made by Councilman Williams; - seconded by Councilman Kyle for approval of the recommendation of the City Manager. The motion carried 5 ayes, 1 nay. Councilman Burnett voting nay. Mayor flalone called for the reading of an Ordinance establishing a Volunteer Fire Department. ORDINANCE CIO. 2464 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY ADDING ARTICLE III TO CHAPTER 12, PROVIDING FOR THE ESTABLISHMENT OF THE FIRE RESERVE UNIT AND PROVIDING FOR AN EFFECTIVE DATE OF AUGUST 13, 1979. was presented. A motion was made by Councilman Burnett, seconded by Council- man Williams for adoption of the Ordinance. The motion carried 6 ayes, 0 nays.. City Manager Sokoll requested authorization to advertise for bids for the EDA Water Line Project, located in the southwest part of the City. A motion was made by Councilman Williams, seconded by Councilman Burnett approving the request of the City Manager. The motion carried 6 ayes, 0 nays. Mrs. Lillian Tyler appeared before the Council protesting the discharge of firearms on Lake Crook Property. Mr. Bill Ross and Miss Cathryn Tyler also appeared before the Council concerning the matter. Mayor Malone requested the Council's consideration of the recommendation made by the Airport Advisory Board on rental fees for new City T Hangers. The recommendation of the Board was that rental fees for the thirteen new open hangers to be set at $45.00 per month, effective when available; rental fees on the six older closed hangers be raised from $50.00 to $55.00 effective September 1, 1979. A motion was made by Councilman Burnett, seconded by Councilman Williams approving the recommendations of the Airport Advisory Board. The motion carried 6 ayes, 0 nays. City Manager Sokoll advised the Council that the Library Advisory Board had recommended that Mrs. Jackie Alsobrook be designated as the lay - representative to NETLS and be eligible.'to serve on the Advisory Council and that Mrs. Claire Haslam be designated alternate lay representative., A motion was made by Councilman Williams, seconded by Councilman Francis for approval of the recommendations. The motion carried 6 ayes, 0 nays. City Manager Sokoll presented the propdsed State Department of Highways and Public Transportation plans of State Highway 19 South Project and recommended its appproVal. A motion was made,by Councilman.Williams, seconded by Councilman Francis approving the plans of State Highway 10 South Project and assured the Highway department of.future adoption of a No Parking Ordinance in compliance with.the project. The motion carried 6 ayes, 0 nays. Mayor Malone requested A motion to table the agenda item for the appointment of a memb6r to serVe.on the Traffic Commi.ss4on. A motion was made by Council- man Williams, Secendbd by Councilman Bdrnett to table the item. The motion carried 6 ayes, 0 nays.. Mayor.Malofie announced that the Council would go into executive session and the regular session was declared closed. City Attorney Haynes discussed pending claims and suits with the Council. The executive session was declared closed and the regular session open. Mayor Malone called for the reading of a Resolution authorizing contract with the City of Cooper to provide Pound Service. Resolution No. 1961 authorizing the Mayor to execute a Pound Service Contract with the City of Cooper, Delta County Texas was presented. A motion was made by Councilman Fisher, seconded by Councilman Burnett, for adoption of the Resolution. The motion carried 6 ayes, 0 nays. v +�rx... rx:amwa� —ear — ..� s- `•• . RESOLUTION NO. 1961 .___WHEREAS, the City Council of the City of Paris has -- been requested to provide pound service to the City of Cooper; and, WHEREAS, the form of the contract to provide such service is attached hereto.as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That.pound service be extended to the City of Cooper upon the terms and conditions stated in the contract attached hereto as Exhibit A, and that the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Pound Service Contract with the City of Cooper, Delta County,-Texas, in the form of Exhibit A attached hereto. Passed and adopted this 13th day of August, 1979. Michael E. a one, Mayor ATTEST: i H. C. Gr ene, City Clerk APPROVED AS T FORM: . Haynes, 3-t It Attorney a• 593 POUND SERVICE CONTRACT STATE OF TEXAS X COUNTY OF LAMAR This. contract made and entered into this 13th day of August, 1979, by and between the CITY OF PARIS, Paris, Texas, a body politic, acting by and through its Mayor, duly author- ized, hereinafter called Paris; and the CITY OF COOPER, Cooper, Texas, acting by and through its Mayor, duly authorized, herein. - after .called Cooper;�hereby contract and agree as follows: 1. Paris covenants and agrees that it will furnish and provide pound service to Cooper. 2. Cooper covenants and agrees that-it will pay to Paris for pound services rendered at the beginning rate. of Two Dollars ($2.00) per day, per dog, as a pound fee and Four Dollars ($4.00) per dog for destroying same. 3. Paris and Cooper agree that the above rates may be changed by Paris by giving ten (10) days written notice prior to the last date of any calendar quarter, and that Cooper may dis continue the delivery of dogs to Paris` pound at the time, thereby rendering this contract of no force and effect. CITY OF PARIS By: Michael E..Malone, Mayor ATTEST: H. C. Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CITY OF COOPER By. ATTEST: Bo y IrVI.n , Mayor ,Czty:Secrry 594 Director of Finance Greene discussed with the Council the employment of a Computer Billing Service for billing of patients services by the Department of Emergency Medical Service of the City, and recommended that Computer Services, limited be engaged to provide the service. Resolution Edo. 1962, authorizing the Mayor to enter into a contract with Computer Services- Limited for billing services to the Department of Emergency Medical Service of the City was presented. A motion was made by Councilman Burnett, seconded by Councilman. Fisher for adoption of the Resolution. The motion carried 6 ayes, 0 nays. RESOLUTION NO. 1962 . WHEREAS, the City Council of the City of Paris will be provid- ing emergency medical services for th -e- citizens of Paris beginning on the first day of September, 1979; and, t WHEREAS, the City Council has received proposals for com- puter billing services for the emergency medical services; and, WHEREAS, the proposal of Computer Services Limited best suits the needs of the City of Paris; and, WHEREAS, the form of contract to provide such service is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Computer Services Limited be engaged to provide- computer billing services to the Department of Emergency Medical Service of the City of Paris upon the terms and conditions and in the form of Exhibit A attached hereto, and that the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute said contract on behalf of the City of Paris. Passed and adopted this 13th day of August, 1979. ATTEST: H. C., Gr. ene, City Clerk APP OVED A FORM: . K. Haynes, City Attorney .i 59'5 COMPUTER BILLING AND SERVICES CONTRACT STATE OF TEXAS COUNTY OF LAMA R This contract made and entered into this 13th day of August, 19791? by and between the CITY OF PARIS,. Paris-, Texas, a body politic, acting by and through its Mayor, duly authorized, hereinafter called CITY, and HARVEY CAVENDER and BILL MERCY, D /B /A COMPUTER SERVICES LIMITED, hereinafter called CSL, hereby contract and agree as follows.: Effective September 1, 19792 CSL will provide CITY with professional management consulting services for the Paris Ambulance Service operated by the Department of Emergency Medical Service. These services are to include the following: 1. Collection of information on patient charges, process this information, preparing statements for the Paris Ambulance Service patients, mail. out state -- ments and ensuing bills and make a reasonable attempt to collect the Paris Ambulance Service accounts receivable.' 2. Filing of patient's insurance,' including Medicare/Medicaid. 3. Set up an individual patient file that will include the following: a. Patient name, address and phone number b. Guarantor's name c. Date of last payment d. Balance due 4.' Provide the Paris Ambulance Service with a daily trans- action register which lists in account number sequence all transaction activity (each days charges, payments and adjustments). 5. Provide the Paris Ambulance Service with a daily trans- action summary register (if desired) which indicates daily and month -to -date revenue. 6. Provide the Paris Ambulance Service with Accounts Receivable Status Report, a report that lists all activity for each account that has an outstanding balance or has had transactions for the current month. 7. Provide the Paris Ambulance Service with an Accounts Receivable History Report, which may be produced on demand and show patient account information and the associated history relating to charges, payments and adjustments.*. 8. Provide the Paris . Ambulance Service with an Aged Accounts Receivable Summary Report, -showing the accounts receivable summarized by financial class., indicating number of accounts and aged dollar amounts for each class. 9.' Provide the Paris Ambulance Service with an Aged Accounts Receivable Report, and aged analysis of accounts on those accounts that meet certain specified criteria (used in connection with aged accounts receiv- able summary report to focus attention on specific problem areas). 10.' Provide the Paris Ambulance Service with a Monthly Transaction Summary Report, listing the month-to-date and year -to -date transactions by revenue center, along with comparison figures and per cent variations from the previous year. 2 11. Provide the Paris Ambulance Service with a Monthly Transaction Detail Report which defines transactions with their month -to -date and year -to -date frequencies and dollar amounts. 12. Provide the Paris Ambulance Service with a Collection Status Report indicating information on all accounts that have been transferred to collections; any ac- counts that have a past due balance after six months of billing are to be turned over to an outside collection agency or as the CITY may choose. 13. Provide the Paris Ambulance Service with a Third Party Claims Register recapitulating third party claims activity. 14. Provide the Paris Ambulance Service with reports detailing frequency of diagnosis and procedures performed. 15. Provide the Paris Ambulance Service a private con- sultation once each month for the purpose of review and discussion of any or all of the above. 16. CSL will provide at its own expense: a. Telephone service related to administration and collection of accounts receivable. b. All forms, office supplies and furniture related to administration and collection of accounts receivable. c. All personnel related to administration and collection of accounts receivable.- A.' Rent and utilities. e. All postage related to administration and collection of accounts receivable. 597 - t,c« ..-�" ,�`�."" +�+^. -a. "v .r'''�'.....�.°"; �.�&g� �.*_ �`?¢ x +, .� -�.��� z .a �•.a+ ' �.�..e ��'s�+^in„- ,..,L -,� ,ar.�Rr,s.t-1�. ,ter +vr J9V f. The post office box to which Paris Ambulance Service bills are to be mailed (if desired). In consideration for' the services provided, CITY will compen- sate CSL in the following manner: On the first day of each month starting October 1, 1979, CITY will remit to CSL in the following manner: Processing up to 250 patient charges total price per month of $750.00 Processing from 251 to 275 patient charges total price per month of $809.00 Processing from 276 to 300 patient charges. total price per month of $868.00 Processing from 301 to 325 patient charges total price per month of $927.00 Processing from 326 to 350 patient charges total- price per month of $986.00 Processing from 351 to 375 patient charges total price per month of $1, 045.00 Processing from 376 to 400 patient charges total price per month of $1,100.'00 This agreement will be in effect for a period of six months at which time all parties agree to review above* services. At the end of six months, if CITY chooses to continue. with the service, the contract period will be extended to a period of three (3) years. From that point, the contract may be terminated by either party on ninety (90) days notice. ATTEST: H. C. Greene, City Clerk CITY OF PARIS By: Michael E. Malone, Mayor 4 APPROVED AS TO FORM: T. K. Haynes, City Attorney COMPUTER SERVICES LIMITED By: Harvey Cavender, Partner Bill Merey, Partner 5 599 l,'vt 9 Tax Assessor Collector, Jim Wilkins appeared before the Council and discussed new legislation passed by the current Legislature. Mr. Foy Mitchell, representing the Associated Tax Services, Inc., appeared before the Council and discussed the pending contract between his firm and the Paris Ind. School District for re- appraisal of property within the District boundary lines. Fir. Ben Towe, Tax Assess ,04 Collector for the Paris Ind. School District was also present for discussion of the matter. There being no further business, the meeting adjourned: ATTEST: MICHAEL E. MALONE, MAYOR H. C. GREENE, CITY CLERK 2 - - MINUTES OF THE SPECTRA MEETING OF THE CITY COUNCIL AUGUST 21, 1979 The Special Council meeting of the City of Paris was held Tuesday, August 21, 1979 at 7:00 P.M. Mayor Malone called the meeting to order with the following Councilmen present: B.J. Burnett, Jiih Farris, W.C. Francis, Ron kyle and Walter Williams. Also present were City Manager R. W. Sokoll, City Attorney T.K. Haynes and Joe McCollum, Acting City Clerk. Mayor Malone announced the first ordet of business would be discussion of the sewer infiltration /inflow report by iayter Engineering. Bob and. Reeves Rayter.reviewed four alternate plans for'collectton, treatment and disposal Of wastewate:t,.designed to meet the needs of the City through the year 2000. Advantages and disadvantages. of each alternate were explained and the Council was requested tb indicate which plan they desired to pursue in the development Of the system. 'Discussion followed wind CdunciLMh Farris made a motion to accept Alternate No. 4 as the direction in which planning should proceed. CouncilmahlBUrnett seconded the notion which carried 4 ayes and 2 absentations. Councilmen Francis and Williama abstained. City Manager go6ll requested authorization, to advertise for bids on a new bulldozer for the sanitary landfill. He stated the present dozer was worn out and has been very costly in repair work this year. In addition, he and Roy Luttrell, supervisor of the landfill, explained that the present piece Of equipment was too large and easily bogs down in thd'.soft.dirt of the landfill. Because of this, a smaller dozer is proposed. Mr. Sokoll also advised that there was no money budgeted for the equipment and that a loan would be necessary to purchase it. Following discussion Councilman Williams made a motion to authorize bids for the bulldozer. Councilman Farris seconded the motion which carried 6 ayes and 0 nays. Councilman Farris requested the manager to look into various lease arrangements for such equipment prior to purchase. Resolution No. 1963, authorizing the City to participate with other cities, to intervene in the request of Lone Star Gas Company for an increase in the gate rate charges Pending before the Texas Railroad Commission was presented. Councilman Burnett made a motion for adoption of the Resolution. Councilman Farris seconded the motion which carried 6 ayes 0 nays. b02 RESOLUTION NO. 1963 WHEREAS, Lone Star Gas Company applied to the Texas Railroad Commission for an increase in city gate rate charges on the first day of August, 1979; and, WHEREAS, the current gas rates in the City of Paris provide for the flow - through of increases in the city gate rate which -are authorized by the Texas Railroad Commission; and, WHEREAS, the requested change in rates would result in the increased charges to residential -and commercial gas cust- omers in the City of Paris; and, WHEREAS ,.the City of Paris has,.in the past, joined with other Lone Star Gas cities in intervening in applications of this nature and has cooperated with other cities -in such en- deavors,, and the City of Paris has.cooperated in the financing of the same; and, WHEREAS, it is recommended that the City Attorney be authorized to participate in GUD 2087 pending before the Texas Railroad Commission-in a like manner as outlined above; NOW - THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Attorney, be, and he is hereby.authorized to intervene or to join in interventions and participate in pro- ceedings before the Texas Railroad Commission to insure that the interest of the citizens of Paris who are residential and commercial customers are properly protected. Passed and adopted this 21st day of August, 1979. " Mic ae Malone, Mayor ATTEST: es Wilk s, Acting City Clerk APPROVED AS TO FORM: K. °Haynes, City Attorney Resolution No. 1964 appointing Herschel Biglow to serve the unexpired term of Katie Bryant on the Parks.and Recreation Board was presented. Councilman Farris moved for adoption of the Resolution. Councilman Williams seconded the motion which carried 6 ayes and 0 nays. RESOLUTION NO. 1964 . WHEREAS, the. City Council of the City of Paris did in Resolution No. 1876 establish the Parks and Recreation Board to -- - - -- consist of nine (9) members, with staggered initial appointments as follows: Three (3) members for one year terms-, three (3) members for two year terms and three (3) members for three year terms, and thereafter all appointments to be for three year terms with partially completed terms being filled for the re- mainder of said terms; and, WHEREAS, there exists a vacancy on the membership of the Parks and Recreation Board due to the resignation of Katie Bryant, and the Mayor of the City of Paris, Michael E. Malone, having appointed Herschel Biglow to serve the unexpired term of Katie Bryant, which ends June 30, 1980, and has submitted the name of such person to the City Council of the City of Paris; NOW, THERE- FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the appointment of Herschel Biglow as a member of the Parks and Recreation Board, to serve the unexpired term of Katie Bryant, which ends June 30, 1980, is by the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this 21st day of Aug ust, 1979. Michael E. Ma one, Mayor ATTEST: mes Wil ins, Acting City Clerk APP VED O FORM: T. K. Haynes, City Attorney r Resolution No. 1965 appointing Tom M. Hagood, Jr. to serve the unexpired term of James McFadden on the Traffic commission was presented. Council- man Farris made a motion for adoption of the Resolution. Councilman Williams seconded the motion which carried 6 ayes and 0 nays. 604 RESOLUTION- NO. 1965 WHEREAS, there exists a vacancy on the membership of the Traffic Commission of the-City-of Paris due to the death of James McFadden, and it is necessary to appoint his successor, and the Mayor of the City of Paris, Michael E. Malone, having appointed Tom M. Hagood, Jr. to serve the unexpired term of James McFadden, which terminates June 30, 1981, and has submitted the name of such person to the City Council of the City of Paris; NOW, THERE- FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the appointment of Tom M. Hagood, Jr. as a member of the Traffic Commission of the City of Paris, to serve the un- expired term of James McFadden, which terminates June 30, 1981, is by the City . Council of the City of Paris hereby approved and confirmed. - Passed and adopted this 21st day of August, 1979. Michael E. alone, Mayor A EST: ! i es �Wilki s, Acting City Clerk APPROVED TO FORM: T. K. dynes, City Attorney City Attorney Haynes presented a recommendation that the Council request the Planning and Zoning Commission to consider the zoning of Eastfield Estates, Phase 2 to assure that zoning and deed resttictions are compatible. Councilman Burnett made a motion to refer the matter to the Planning and Zoning Commission.for their recommendation. Councilman Francis seconded the motion which carried 6 ayes and 0 nays. Mayor Malone stated there was no further business to consider and declared the meeting adjourned. ATTEST: IH.C.GREENE, CITY CLERK Michael E. Malone, Mayor 66J MINUTES OF THE REGULAR MEETING OF THE CITY COOUNCIL September 10, 1979 The regular meeting of the City Council of the City of Paris was held Monday September 10, 1979 at 7:00 P.M. Mayor Malone called the meeting to order with the following Councilmen present: B. J. Burnett, George Fisher, Jr., Walter F. Williams, W. C. Francis, Ron Kyle, and Jim Farris. Also present were City Manager, Robert W. Sokoll, and City Clerk, H. C. Greene. Prayer was offered by Rev. Haggard, Pastor of North Paris Baptist Church. Mayor Malone ask if there were any corrections to the minutes of previous meetings furnished to the Council members. There being none the minutes were approved. Mayor Malone announced that the first order of business would be consideration of the recommendations made by the Planning and Zoning Commission. Mayor Malone declared the public hearing open on the petition of David Glass for a change in zoning on two tracts of land in the proposed North Meadow Estates Subdivision. Tract 1: 12.2 acres from Agricultural District (A) to a General Retail.District. Tract 2: 61.9 acres from Agricultural District (A) to a One Family Dwelling District No. 2. Mayor Malone called for proponents to appear and none appeared. Mayor Malone called for opponents to appear and none appeared. Mayor Malone declared the public hearing closed and ORDINANCE NO 2465 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZON114G MAP OF SAID CITY; ESTABLISHING A ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) ON A 61.9 ACRE. TRACT OF LAND PRELIMINARILY PLATTED AS NORTH MEADOW ESTATES ON PROPERTY BELONGING TO DAVID GLASS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A), AND ESTABLISHING A GENERAL RETAIL DISTRICT (GR) ON A 12.2 ACRE TRACT OF LAND PRELIMINARILY PLATTED AS NORTH MEADOW ESTATES ON PROPERTY BELONGING TO DAVID GLASS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); AND DESIGNATING THE BOUNDARIES OF THE ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) AND THE GENERAL RETAIL DISTRICT (GR) SO ESTABLISHED. was presented. A motion was made by Councilman Burnett, seconded by Council- man Williams for adoption of the Ordinance. The motion carried 6 ayes, 0 nays, one abstaining, Councilman Farris abstaining. Mayor Malone declared the public hearing open on the petition of James Moore, Trustee for a change in zoning on three tracts of land located in the proposed Morningside Estates, Part Eleven. Tract 1: 2.3 acres from Agricultural District (A) to a One Family Dwelling District No. 2. Tract 2: 6.2 acres from Agricul- tural district (A) and One Family Dwelling District No. 2 to a Two Family Dwelling District. Tract 3: 9.34 acres from a Two Family Dwelling District (A) and One Family Dwelling District No. 2 to a Muti- Family Dwelling District No. 1 ,+. r. -�+•. -��nu '�,.+tiPizi,�`�T�"� ,�' .,_Xr„R.�_ '. sd �'a^a "a .pa.._ #5,...�.w++.a«e 6Cv Mayor Malone called far proponents to appear. and Mr. A. W. Clem appeared in. behalf of the petitioners and requested that the hearing be continued to_the next regular council, meeting. A motion was made by Councilman Farris, seconded by Councilman Burnett to continue; the hearing to the next regular council meeting. The motion carried.7 ayes, 0 nays:' Mayor Malone declared the public hearing open on the re- Zoning for Eastfield Estates, subdivision Phase :located on the north fide of Pine Mill Road at 34th Street N. E., presently zoned Commercial District. Mayor Malone called for proponents to appear and Mr. Glen Smallwood appeared stating that he had purchased several lots and desired to construct deplex dwellings on the lots. Mayor Malone called for opponents to appear and Mr. Ndel Odom appeared before the Council stating that he had two petitib6.s, one with fifteen families signing and one with forty five families signing, opposing the zoning. Mr. Odom.stated that they were concerned in he area of decreased property value because of duplexes that were proposed.for the property. Mayor Malone declared the public hearing closed and an ORDINANCE AN ORDINANCE AMENDING ZONING ORDINANCE NO A710 OE THt CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A ONE- FAMILY DWELLING DISTRICT NO 2 (SF -2) ON LOTS 18; 19 AND 20,BLOCK A, AND LOTS 11, 12, 13, 14, 15, 16, 17, 18, 19,AND 20, BLOCK C, EASTFIELD ESTATES, PHASE II., ON PROPERTY BELONGING TO EASTFIELD DEVELOPMENT CORPORATION, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C), AND ESTABLISHING A TWO- FAMILY DWELLING DISTRICT (2F) ON LOTS 1, 2, 3, 4, 5, 6, 79 8, 9 AND 10, BLOCK D, EASTFIELD ESTATES, PHASE II ON PROPERTY BELONGING TO EASTFIELD DEVELOPMENT CORPORATION, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C) AND DESIGNATING THE BOUNDARIES OF THE ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) AND TWO- FAMILY DWELLING DISTRICT (20 SO ESTABLISHED. was presented. After discussion, a motion was made by founcilman Williams, seconded by Councilman Francis to refer.back to the Planning and Zoning Commission for the consideration of zoning the property in question to single family residences. The motion carried 7 ayes, 0 nays. Mayor Malone declared.the public hearing open on a petition to abandon the alley in Block 6, Gibbons Park Addition. Mr. William Early appeared before the Council in support of the proposition. Mayor Malone called for opponents to appear and none appeared, and the public hearing was declared closed. A motion was made by Councilman Farris, seconded by Councilman Williams authorizing the preparation of an Ordinance to'close the alley and a Resolution to authorize the Mayor to execute quick claim deeds. The motion carried 7 ayes, 0 nays. 0 60 City Manager Sokoil presented a re -plat of Lots 18 and 19, Block P Tanglewood Addition and recommended : 60u Discussion was had on the recommendation made by the Traffic Commission on the traffic on Pine Bluff Street. Discussion was had on the signal light at Pine Bluff and 11th Street, and the Council was advised that the signal light does not meet State - warrants. City Manager Sokoll advised the Council that the City Attorney had recommended that the signal light be left as is. After discussion, a motion was made by Councilman Farris, seconded by Councilman Fisher authorizing a study to be made for a signal at First Street S. E. and Clarksville Street. A motion was made by Councilman Fisher, seconded by Councilman Farris to leave the signal light at Pine Bluff and 11th Street as is. The motion carried 7 ayes, 0 nays. City Manager Sokoll presented a bid for paving improvements at Cox Field from the David Buster Construction Company in the amount of $96,385.40, and recommended that the bid be accepted. The Manager advised that if additional funds from the FAA was not forthcoming that change orders would be executed to reduce the contract to the budgeted amount of $81,150.00. Resolution No. 1967 authorizing the Mayor to execute a contract with the David Buster Construction Company for the paving project at Cox Field was presented. A motion was made by Councilman Farris, seconded by Councilman Kyle for adoption of the Resolution. The motion carried 7 ayes, 0 nays. h 609 RESOLUTION. NO. 1967 WHEREAS, the City Council of the City of Paris, did at its regular meeting on the 9th day of July, 1979, approve the adver- tisement for bids for paving construction at Cox Field, Paris, Texas, of T- Hangar Ramps and Taxiway, which bids were re- ceived until 10:00 o'clock A. M. , Wednesday, August 29, 1979; and; WHEREAS, the best bid for such construction project was made by David Luster, d/b /a David Buster Construction Company, and he should be awarded the contract for such project; and, WHEREAS, the form of contract to complete said project is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the bid of David Buster, d/b /a David Buster Construction Company for paving construction at Cox Field, Paris, Texas, of T- Hangar Ramps and Taxiway, 'in the amount of $94, 148. 00, is hereby accepted and let, conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the contract for the above described work, upon the terms and conditions and in the form shown in Exhibit A attached hereto, with David Buster, d/b /a David Buster Construction Company. Passed and adopted this 10th day of September, 1979. l Michael E. Malone, Mayor ATTEST: H. Gr ene, City Clerk APPROVED TO FORM: T. I. Haynes, City Attorney 610 RESOLUTION NO. 1968 WHEREAS, the City Council of the City of Paris began pro- viding emergency medical services for the citizens of Paris on the 1st day of September, 1979; and, WHEREAS, the modular ambulance partially funded by grant, formerly leased by McCuistion Regional Medical Center, was avail- able for lease to the City of Paris on September 1, 1979; -and, WHEREAS, it is deemed to be in the best interest of the citizens of the City of Paris that said modular ambulance be leased from the Texas Department of Health, upon the terms and conditions as shown in Exhibit A attached hereto; NOW, THERE- FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the. City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute the lease agreement for one modular ambulance, effective September. 1, 1979, with the Texas' Department of Health, upon the terms and conditions and in the form shown in Exhibit A attached hereto. Passed and adopted this 10th day of September, 1979. ATTEST: r H. C. Gre ne, City lerk ichae Malone, Mayor 611 STA'L'E OF TEXAS COUNTY OF TRAVIS VEHICLE LEASE AND T012T INDEMNITY AGREEMENT This motor vehicle lease is made between the Texas Department of health pursuant to the Acts of the Sixty- Fourth Legislature, Regular Session, page 832, at page 847, Section 10, with its principal place of business at 1100 West 49th Street, Austin, Travis County, Texas, 78756, herein referred to as Lessor and the City of Paris, acting by and through its duly constituted City Council with its principal place of business at Post Office Box 1037, 135 lst Southeast, Paris, Texas 75460, hereinafter referred to as Lessee. SECTION ONE MOTOR VEHICLES Subject to the terms and conditions hereof, Lessor leases to Lessee and Lessee hires from Lessor the motor vehicles and equipment described in the separate schedules annexed hereto and all separate schedules hereinafter executed, which schedules are made and such are made a part hereof with the same force and effect as if this lease were rewritten and executed at the time each separate schedule is made a part hereof, for a term beginning on the date each such vehicle and its equipment is delivered to the Lessee, and continuing thereafter until terminated. Said vehicles and equipment are to be used in the normal and.ord.inary course of Lessee's Emergency Medical Service, herein referred to as EMS, upon the terms and conditions set forth in this lease and as set forth respectively in the applicable separate schedule annexed hereto now and hereafter made a part hereof. SECTION TWO NATURE OF CONTRACT As to tangible personal property, this is a contract of leasing only. The Lessee does not, by these presents acquire any right, title., or interest in or to the property described in this leasing agreement. Uliereas a federal grant for the Establishment and Initial Operations of Emergency Medical Services Systems was awarded to the Texas Department of Health in June, 1977 in order to fulfill the requirements of the EMS Grant No.06 -H- 000571 -01, awarded by the Department of Health, Education, and Welfare, and in consideration thereof, the Lessee agrees to the following conditions.- The Lessee agrees that by the end of the project year, the EMS Ambulance' Unit will be staffed on a 24 -hour basis by ENITs- Basic, provided that such train- ing is available within the Ark -Tex Council of Governments area. Lessor shall not be liable for loss of or damage to any property left, stored, loaded, or transported in or upon any vehicle or equipment furnished by Lessor to the Lessee pursuant to this lease. Lessor shall not be liable for loss or damage to any vehicle or equipment pursuant to this lease, caused by collision, fire, governmental action, theft, . transportation, tornado, windstorm, earthquake, or conversion by an agent or employee of the Lessee. The Lessee shall cause its agents and employees to take all reasonable steps to safeguard said vehicles and equipment and to cooperate with Lessor. in effecting recovery from any person or persons liable for loss or damage to said vehicles and equipment. If.a vehicle or equipment furnished by Lessor to the Lessee pursuant to this agreement is involved in any accident the Lessee shall cause its agents and employees to notify Lessor thereof immediately by telephone. Thereafter, . as soon as practicable, the Lessee shall report to Lessor in writing giving all information relative to the accident. The Lessee, its agents and employees, shall cooperate fully with Lessor and the insurer in the investigation and defense of any claim or suit, and shall do nothing to impair or invalidate any applicable insurance coverage. The Lessee shall promptly deliver to Lessor any and all papers, notices, _ .suamonses— process and,_�gctimerts wbats.oever _ served upon_ or_ delivered, to the Lessee.,_,.._ t ire s ' r s:t �' he ownership, maintenance, use, misuse, storage, or operation of any vehicle an of t - equipment leased hereunder. The Lessee agrees not to permit any unl.cvful use or purpose of any of the such ...vehicles and equipment leased herelati.onsoapplicableetoltile 1operationf afriy statute, laws or ordinances, rules, or regu motor vehicles and its equipment fic violation Iorsfor the violation ofyany statute forfeitures, or penalties or traf constituted public authority. Under law, ordinance, rule or regulation of any duly the terms of this lease the Lessee i.sspfor.aaedai col all lawfulllpurposes.- equipment covered hereunder at any and all time Y vehicles and equipment, leased hereunder shall atlalified drlverSC and 1personrieled� and/or operated only by safe, careful and legally Y q having a proper license. All personnel of the Lessee's EMS are conclusively presumed to be the employees, -agents or volunteers of the Lessee only. The Lessee shall. cause said vehicles and equipment to beQ with reasonable becausexofand precaution to prevent loss and damage t collision or injury to persons negligence or reckless use, abuse, fire, theft, or property. The Lessee includes in its liability and dsuffernasxaaresult fofetherfailuret below any liability loss or damage L Y of the Lessee or those acting under he Lessee tonco tar ato the taintconnecti.onnces, or other regulations or requirements Y with the use, misuse, strage,- maintenance, ownership or operation of the leased vehicle and equipment: None of the vehicles and equipment leased hereunder nder will,j ;hjle_i the ec osses lion, custody or control of the Lessee, be operated rated maximum weights as specified in the manufacturer's specifications . le s The Lessee st►a11- provide and maintain during nthe ter of this nsurer�up to a policy of automobile and public liability insurance the required liability amounts- and coverspectivedagents1 and remployees with respect insure Lessor and the Lessee and their re p to liability as a result of the Ownership maintenance,nt- thisl� lease. n °f vehicles and equipment furnished by Lessor to Said insurance shall be primary, and not excess olvincosai:dl�vehicl.e� and itspect _ to any accident or occasion of treatment or care inv g lilllits Of equipment or any I�iS personnel and shQrldeathrof onelpersoninjury i.nlanylon eyraccident not less than $100,000.00 for injury or occasion of treatment or care and subject to srlcaredtfoxr oriinjured or killed liability of $300,000.00 for all persons t or care and $2S, 000:0.0 fox damage, in the same accident or occasion of treatmen destruction and /or loss of use pe ty owned as rentued to£ or 1h Lessor shall not be liable far damage to property oure y, - Lessee shall also either be a.self- insurer or carry collision insurance at least in the -.- - amount of the value of the vehicle under lease. If a collision self- insurer, lessee shall provide appropriate documentation of -its self - insurer status. Said.insurance shall be in a form , lessathant Lessor. Lessee five prior p ortosthesdaylon cause the insurer to furnish to Lessor no less shall e delierd to the which any vehicle and equipment subject tcextifica.teeof any renewalv or e replacement Lessee, a certificate of insurance and a shall pro, thereof, evidencing coverage as outlied above. riallyemodified e except upon fifteen that the in shall not be cancelled ll l (15) days advance written notice to Les ninaccordance owith g described theproviisionsove may be afforded under a bond or self-insurance of Article 6252 -19 V.A.C.S. or similar rrangemen if alself� insurer for bliability with such policy, to the extent perm } Lessee shall provide appropriate documentation of self- insurer status. The Lessee shall not permit any vehicle and its equipment to be used as to cause or permit cancellation or suspension of insurance coverage, or for hire, nor. to be removed from the continental limits of the United States without the wri -flea consent of Lessor. The vehicle and equipment subject to this lease shall bear license plates and the titles thereto shall be registered in the name ior foLessor. The registratio .ceasing or license fees shall be paid by the Lessee. period, the license and inspection for each vehicle and its equipment shall be prtd b2' an €t tkac :.mac }ease of the Lessee a �� – — - - - t The Lessee shall pay all.cost necessary for the operation o£ said vehicle and equipment, including but not limited to gasoline, oil, all storage charges, parking charges, and fines. The Lessee shall, at its cost, maintain said vehicle and its equipment in good repair, mechanical condition and running order. The Lessee shall immediately inspect the vehicle and each item of equipment delivered pursuant to this lease, and shall notify Lessor in writing of any dis- crepancies between said vehicle and its equipment and the description, inventory, statement of condition, and valuation of said item of vehicle and equipment as agreed to in. the attached schedule or schedules. if Lessor receives no such written notice within five (5) days after delivery of the vehicle and its equipment, the Lessee will be conclusively presumed to have received and accepted the vehicle and its equipment as specified. All remedies for breach of this lease agreement are cumulative and may be- exercised concurrently or separately and from time to time. The Lessee.tyill pay" all costs and expenses, including attorney's fees, incurred in the preservation or enforcement of any rights of Lessor or obligation of the Lessee under this lease and indemnity agreement. Should any action in law or_in equity be commenced by.either party hereto in connection with any breach or breaches of this agreement by the other party, their and in such event or events it is mutually agreed that any court of competent jur- isdiction may add to any judgement rendered in favor of either party a sum.that will reasonably compensate for any attorney's fees incurred in such action and for any cost and expense reasonably incident to such action in addition`to.the costs allowable at-law or in equity as an incident of such judgement. The Lessee agrees to indemnify Lessor, its directors; officers,-employees, .agents, and assigns, against,--.and hold them harmless from, any and.all claims demands., liabilities, actions, suits, and proceedings.of every kind, including the cost and expenses thereof, caused by, arising out of, or connected with the ownership, maintenance, use or operation of vehicles and their equipment leased hereunder, and the medical or emergency treatment and /or care rendered to victims and/or patients including; manufacturer, selection, delivery, maintenance, ownership-, possession,: storage, misuse, use, operation, training, licensu.re, handling, transportation, and / or property damage. Lessor shall not be liable for any loss, damage,.or injury to... the Lessee of any kind and in any manner caused by or connected with any vehicle or its equipment.or the condition, reconditioning, repair, maintenance, ownership, possession, or use thereof. The Lessee does hereby release, hold harmless from, and indemnify Lessor for; all claims, damages, and causes of action that may arise from.or'in connection with any treatment or care rendered by any employee or volunteer of the Lessee's EMS Operation to any victim or patient and also from other medical care arising therefrom, .and also from and for any and all claims, damages and causes of action that may result at any time in the future, whether or not' they "are in the contemplation of the parties at the present time and whether or not they arise following.the execution of this = agreement as the result of and by reason of any treatment or care rendered to any victims or patients of the Lessee's EMS Operation. The'Lessee further agrees to defend against any claims brought or actions filed against Lessor with respect'to the subject of the indemnities contained herein, whether such claims or actions are rightfully or.wrongfully brought or filed. In case a claim should be brought or an action filed with respect to the subjects of the indemnities herein, the Lessee agrees that Lessor, after concurrence with the Lessee, may employ attorneys to appear and defend the claim or action on the behalf of Lessor at the expense of the Lessee. Lessor, at its option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against Lessor. The Lessee agrees that the indemnifications herein shall include losses for which Lessor may be legally responsible to others, sustained by Lessor by reason of any act of fraud, dishonesty, forgery, embezzlement, wrongful obstruction or willful misapplication of any of the vehicles or its equipment by any .employee or agent of the Lessee while performing the duties of any office or position. Indemnities under this agreement shall commence upon delivery of the vehicle and its equipment to Lessee and shall continue in full force, until, any and all possible circumstances, which might give rise for any liability, to Lessor have ceased to exist,. 613 Lessor shall give written notice to the Lessee of any act or occurence in- volving a liability or claim or demand or item of cost or as the case may be in- demnified against herein, within thirty (30) days after the occurrence of such act or occurrence shall have come to Lessor's Director's knowledge. Any notice given under this lease by'the Lessee to Lessor shall be in writing and shall be given by sending said notice by. certified mail to Lessor at its address as set out in this lease or such other address as Lessor shall have last furnished to the Lessee in writing, or by serving said notice personally on the Director of Lessor. on the cancellation or termination of this lease, in whole or as to any vehicle and its equipment or vehicles and their equipment Ieased hereunder, the Lessee shall, on the effective day of any cancellation or determination return to the location at which delivery of said vehicle or vehicles and equipment shall have been made; - to the Lessee, or at such other location as may have been designated by Lessee, such vehicle and its equipment or vehicles and their equipment in as good condition and running order as they were when received by the Lessee, ordinary wear and tear excepted. No cancellation or termination of this lease by either party shall in any way relieve the Lessee of liability for any indemnity undertaken herein by the Lessee, nor any damages which Lessor shall have sustained, whether by omission or commission. This lease shall be governed by the laws of the United States and the State of Texas and constitutes the entire agreement between Lessor and the Lessee with ..respect to the furnishing of the motor vehicles and their equipment. Neither this lease nor any interest herein may be assigned by the Lessee without. Written consent of Lessor. - The failure of either party Hereto in any one or more instances to insist on the performance of any of the terms, covenants or conditions of this lease, to exercise any right or privilege in tliis lease conferred or the waiver of any breach : of any of the terms, covenants, or conditions of this lease, shall not be construed as thereafter - waiving any such terms, covenants, conditions, rights or privileges , but the same -shall continue and remain in full force and effect as if no such fore- - bearance or waiver had occurred. This lease and the schedules now or hereafter made a part hereof may not be amended or altered in any manner unless such amendment or alteration is in writing. and signed on behalf of the parties hereto. This lease together with all schedules, certifications, orders and approvals now and hereafter made a part hereof shall be binding on the respective parties and .the respective successors and assigns. Date of Schedule: July 19, 1978 Year: 1978 Make: Chevrolet light duty truck Model: cab $ chassis Color: White -Body Style: Modular. Ambulance Serial N't-,mber: MBCO225 Engine Number: CCS338V148982 Equipment: See E hibiA "A" (attached) hereto at:d made a part hereof. Original Agreed Value of Vehicle and Its Equipment: $ 19,630.42 IN WITNESS WHEREOF, the PARTIES hereto have made and executed this AGREEMIENT at Page 5 r Texas Highway Department Prescribed Form LEASED VEHICLE AFFIDAVIT Motor Vehicle Division NOTE: For use only by exempt agencies in the State of Texas. (State apes)cics, counties, cities, school districts) 'V.C.S.6675a -1 (1). "Owner" means any person who holds the legal title of a vehicle or who has the legal right of possession thereof, or the legal right of control of said vehicle.' TO THE TEXAS HIGI -AVAY DEPARTMENT: This is to certify that the Texas Department of Health Lessor 1100 Nest 49th Street Austin Texas Street Address City- State is the legal holder of the vehicle(s) described on the attached Forms) 62 -A, a for value received, said vehicle has been leased to the City of Paris Lessee who, under. the terms of the lease agreement, has the leilal right of possession and` the legal right of control of said vehicle on a full time basis and is, therefore, the "owner" of the vehicle, as such term is defined in the Texas Motor Vehicle Registration Law, T.C.S. 6675a -.1 (1): It is agreed that when subject lease .is terminated, the Lessee shall immediately remove the exempt license plates from the vehicle and return the plates and license receipt to the Texas Highway Department for cancellation. NAME OF LESSEE: the .City, of Paris BY: TITLE: __Mayor Signature of Agent NAME OF LESSOR: BY: NOTARY SEAL TEXAS DEPARTMENT OF HE: UIU Signature of Agent Subscribed and sworn to before me this Notary Ptth 1 i c: T 'I'ITLI:: Deputy Commissioner clay of- 19 1'cxa Cc ►tarty - IMPORTANT! This affidavit VILISt be attached to the application for exel!II)t plates, form 62A Morro 621. (Rev. 11 -63) M - ...j r I i EQUIPMENT SCHEDULE . EXHIBIT "A" Scoop stretcher (1) Oxygen cylinder for piped oxygen (1) Portable squeeze bag masks (2) with three mask sizes. - Stethoscopes (2) Padded board splints, vinyl padded (6) in following sizes: 3" x 15" (2) 3 ".x 35" (2) 3" x 54" (2) Sphygomomanometer- (1 each).adult and child sizes Normal saline solution, sterile 1000 c.c.'(2) Obstetrical kits-(2). Poison antidote kit (1) Gauze pads, sterile Pillows (2) Bite sticks (10) Adhesive tape, 3" x 5 yds. (6) Burn sheet, sterile, 66" x 99" (6) Triangular bandages with safety pin (12) Rolled Gauze bandages, Kling; sterile, 6" x 5 yards (12)' .Life Saver tubes, 6 sizes, 2 each size Aluminum foil, large, heavy duty, sterile (2) Bandage shears (2) Sterile dressing, 10" x 36" (6). Portable oxygen with 2 size "D" cylinders, 2 sizes clear mask, adult and child Ohio flowmeter and humidifier (1) Piped oxygen system Portable electric suction (1) Fire extinguisher, 5# dry chemical (1) Backboards, (2) of following sizes: 72" x 18 ", Ferno #60 and 32" x 1811, Ferno #61 Traction Splint (1) Hare Splint (1) Style l cot, Ferno #30, with mattress and 3 safety straps (1) .Style 3 cot, Ferno 911 with 3 safety straps Cot IV holders, Ferno #513 (2) Airway kit (1) Mayor Malone requested the Council's consideration of an Ordinance calling for a public hearing for the purpose of assessing property owners for Street Improvements on -7th Street N. E., Booth Alley, and Booth Place. Ell 610 ORDINANCE NO. 2466 AN ORDINANCE FIXING THE DATE FOR A PUBLIC HEARING ON PROPERTY ON 7TH STREET, N. E., FROM THE NORTH EDGE OF PAVEMENT OF EAST CHERRY STREET, NORTHERLY 601.5 FEET TO ITS DEADEND; ON BOOTH ALLEY, FROM THE EAST EDGE OF PAVEMENT OF 7TH STREET, N. E., EASTERLY 392 FEET -TO THE WEST EDGE OF PAVEMENT OF 8TH STREET N. E.; AND ON BOOTH PLACE, FROM THE EAST EDGE OF PAVEMENT OF 7TH STREET, N.E., EASTERLY 157 FEET TO ITS DEADEND, IN THE CITY OF PARIS, TEXAS; DIRECTING THE CITY CLERK OF THE CITY OF PARIS TO PUBLISH THE SAME UkEE(3) TIPMES IN THE PARIS NEWS AS REQUIRED BY LAW; APPROVING AND ACCEPTING THE FINAL ESTIPMATE OF COSTS AND CONSTRUCTION PLANS OF SUCH STREET IMPROVEf-4ENTS AS FILED BY THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF PARIS; FIXING THE CHARGES TO BE ASSESSED AGAINST THE ABUTTING PROPERTY OWNERS AND tHE CHARGES TO BE PAID BY THE CITY OF PARIS; AND WITH THt .INTENTION OF FIXING A.CHARGE AND LIEN AGAINST THE REAL AND TRUE OWNERS OF SAID PROPERTY AND AGAINST THE SAID PROPERTY ITSELF. was presented. A motion was made by Councilman Williams, seconded by Councilman Fisher, for adoption of the Ordinanbe. The motion Carried 7 ayes, 0 nays. City ;Manager Sokoll requested the Council to consider approval of the Fire Chief's appointment of Mike Barbee as president of the Paris Fire Department Reserves. A motion was made by Councilman Burnett, seconded by Councilman Williams confirming the appointment. The motion carried 7 ayes, 0 nays. Director of Finance Greene presented the 1979 Tax Roll showing the amount of tax levy at $1,193,548.99 and recommended its approval. A motion was made by Councilman Burnett, seconded by Councilman Fisher, approving the 1979 Tax Roll. The motion carried 7 ayes, 0 nays. City Manager Sokoll recommended that the City enter into a- property re- evaluation program with the Paris Independent School District. Director of Finance Greene advised the Council that the School District had entered into a contract with the Associated Tax Services, Inc. to perform the re- appraisal program and recommended that the City enter into an agreement with the School District as offered by that body to share the cost in the amount of $41,310.00 as the City's cost. Mr. Greene further recommended that the City enter into an agreement with the North Lamar School District to purchase appraisals of property outside the Paris Independent School District on the North side of the City and in the North Lamar School District inside the city limits. Mr. Greene further recommended that the Associated Tax Services, Inc. be employed to appraise properties in the South part of the City which is outside of the Paris Independent School District and in the Delmar School District. Mr. Greene advised that the Delmar School District had not as yet contracted with any firm for a re- appraisal program. After discussion, a motion was made by Councilman Kyle, seconded by Councilman Fisher authorizing the preparation of a Resolution embodying the recommendations made by the City Manager and the Director of Finance concerning the appraisal program. The motion carried 7 ayes, 0 nays. 6? City Manager Sokoll recommended that the -City establish Friday after Thanksgiving as a permanent City Holiday. A motion was made by Councilman Fisher, seconded by Councilman Burnett approving the recommendation of the City.flanager. The motion carried 7 ayes, O nays. City Manager Sokoll requested authorization to advertise for bids for r-- one sanitation truck and six police vehicles. A motion was made by Councilman Burnett, seconded by Councilman Fisher approving the request. The motion carried 7 ayes, 0 nays. City Manager Sokoll requested authorization to sell City surplus equipment at an auction sale. A motion was made by Councilman Fisher, seconded by Councilman Farris approving the request. The motion carried 7 ayes, 0 nays. City Manager Sokoll read the following committee report appointed to study storm drainage: "The following projects are recommended by the drainage committee to receive immediate attention: 1. 34th Street N. E. from Pine Fill Road to Lamar Ave. . 2. 17th Street S. E. from Culbertson Park to Jackson Street. 3. Johnson Park Area. 4. 26th Street S. E. area from Culbertson Street to Clarksville Street. 5. Culvert across Houston Street to storm sewer at 15th Street N. E. irle recommend that projects 1 and 2 be given special consideration as to priority due the hardship caused in heavy rains. Work on all projects should be commenced at the very earliest possible time. It is also recommended that Engineering consideration be given to all projects -as a unit so that plans would be available to have more than one project going at one time where there is no conflict in equipment and manpower. STORM DRAINAGE COMMITTEE W. C. Francis Ronald Kyle Michael E. Malone" A motion was made by Councilman Burnett, seconded by Councilman Fisher for approval.of the report. Prior to the vote a motion was made by Councilman Farris, to amend the priorities to include any area where houses are being flooded. A motion was made by Councilmam Williams to make all projects equal as priorities. Councilman Williams motion failed for lack of a second. Councilman Fisher seconded the motion of Councilman Farris and the vote was called which showed 7 ayes, 0 nays. Mayor Malone called for a vote on the original motion to approve the drainage report and carried 7 ayes, 0 nays. 6L Miss Wanda Booker, 1217 West Cambell Street appeared before the Council and presented a list of property owners stating that they had low water pressure. The matter was referred to the City !Manager for investigation. Discussion was had on the Civil Defense System within the City, and the City Manager suggested that a committee might be appointed to study the entire system. After discussion, Mayor Malone appointed a committee composed of Councilman Farris, Councilman Williams, and Councilman Burnett to the Civil Defense System Committee. There being no further business, the meeting adjourned. MICHAEL. E. MALONE, MAYOR ATTEST: 'Fi. C. GREE E, CITY CLERK MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL September 24, 1979 The special Council meeting of the City of Paris was held Monday, September 24, 1979 at 7:00 P.M. Mayor Malone called the meeting to order with the following Councilman present: B. J. Burnett, Jim Farris, Ron Kyle, Walter F. Williams, George Fisher, Jr., Also present were City Manager R. W. Sokoll, City Attorney, T. K. Haynes, and City Clerk, ti. C. Greene. Dr. Clarence Temple appeared before the Council requesting that the City sponsor a grant application to the Texas Parks S Wildlife Department for an all-weather track to be located on the Paris High School property and for use of the community as well as the School system. Dr. Temple advised that the estimated cost of the project would be $260,000.00, that $130,000.00 would be a grant, and that it would be the responsibility of his committee to raise the remaining $130,000.00. Dr. Temple requested approval of his request for the City to make application for the grant. Resolution No. 1969 declaring the City a sponsor of an application for a grant to the Texas Parks & Wildlife Department and appointing project officers was presented. A motion was made by Councilman Burnett, seconded. by Councilman Williams for adoption of the Resolution. The motion carried 6 ayes 0 nays. RESOLUTION NO. 1969 WHEREAS, the City Council of the City of Paris is aware of the need for facilities for track and field events; and, WHEREAS, the Paris Independent School District has agreed to cooperate in a project for furnishing facilities by furnishing suitable land in the vicinity of Paris High School; and, WHEREAS, the City Council of the City of Paris finds that there is a need for such facilities; and, WHEREAS, it is in the best interest. of the City of -Paris that it act as sponsor and make application for said project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, AS FOLLOWS: 1. That the City of Paris process an application for funds from the Texas Parks and Wildlife Department for a grant for the construction of an all weather track and related facilities, with no municipal government contribution. 2. That Warren G. Leddick, Director of Parks and Recreation, be, and he is- hereby appointed Project Director. 3. That H. C. Greene, Director of Finance of the City of Paris, be, and he is hereby appointed Financial Officer of said project. 4. That. Robert W. Sokoll, City Manager, be, and he is hereby authorized and directed to execute and deliver on behalf of the City of Paris. the necessary , applications, communications, instruments and documents necessary for the completion of said prof ect. Passed and adopted this 24th day of September, 1979. Michael Ma one, ayor ATTEST: . G eene, City Clerk APP OVED TO FORM: T. K._-Haynes, City Attorney 6 2 i �::. :.y"«•°"•�cw .�-cr&•.�rs,�.. ,..u'= •- ......ate -'":. ,;, �,,,:�'�:.� _... "w�',*'. �'_.,' µ°.�+'£.;r.9i� sne." a '^'�'ac"s:s'" ", -°+o'; �:."Gic+�s.�.' *edarsiN*? 62 City Manager Sokoll advised the Council of an interest in the Emergency Medical Service for the establishment of a Reserve Association. City Manager Sokoll requested authorization for the preparation of an Ordinance establishing an Emergency Medical Service Reserve. After discussion, a motion was'made by Councilman Burnett, seconded by Councilman Williams approving the recommendation of the City ftanager. The motion carried 6 ayes, 0 nays. Mayor Malone requested consideration of the Council of a Resolution concerning the property tax code of the State of Texas. Resolution No. 1970, Be it resolved by the City Council of the City of Paris, that the City Manager of the City of Paris, Robert W. Sokoll, be, and he is hereby authorized and directed to represent the City of Paris in cooperating with the other City and-School Taxing Units of Lamar County in the establish- ment of an Appraisal District for Lamar County governed by five directors selected as provided for in Section 6.03 of the Property Tax Code and in said Board's establishing of an Appraisal Review Board created under Section 6.41 of the Property Tax Code consisting of nine members, with one member be- ing a resident from each of the nine City and School Taxing Units which con- stitute the Appraisal District, all of which members would be citizens of Lamar County, was presented. A motion was made by Councilman Farris, Seconded by Councilman Burnett for approval of the Resolution. The motion carried 6 ayes, 0 nays. omg- 623 RESOLUTION NO. 1970 . WHEREAS, the City Council of the City of Paris deems it to be in the best interest of the citizens of Paris to cooperate with the other taxing units in Lamar County in the establishment of an Appraisal District for Lamar County; and, WHEREAS, it would by five directors selected Property Tax Code; and, be best for said District to be governed as provided for in Section 6.03 of the WHEREAS, the best interest of the citizens of Paris and Lamar County would best be served by the Board of Directors of the Appraisal District establishing an Appraisal Review Board created under Section 6.41 of the Property Tax Code consisting of nine members, with one member being a resident from each of the nine City and School Taxing Units which constitute the Appraisal District, all of which members would be citizens of Lamar County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Manager of the City of Paris, Robert W. Sokoll, be, and he is hereby authorized and directed to represent the City of Paris in cooperating with the other City and School Taxing Units of Lamar County in the establishment of an Appraisal District for Lamar County governed by five directors selected as provided for in Section 6.03 of the Property Tax Code and in said Board's es- tablishing of an Appraisal Review Board created under Section 6.41 of the Property Tax Code consisting of nine members, with one member being a resident . from each of the nine City and School Taxing Units which constitute the Appraisal District, all of which members would be citizens of Lamar County. Passed and adopted this 24th day of September, 1979. Y Michael E. Malone, Mayor ATTEST: F. t+ H. C. Greene, City Clerk APPROVED S TO FORM: T. K. Hayne , City Attorney flayor Malone declared that the Council would go into executive session, and the regular session closed, and the executive session open. Discussion was had with the City Attorney on claims and contractual matters. e-layor f'alone declared the executive session closed and the regular session open.. EG4 City Manager Sokoll advised the Council of action taken by the Board of Governor of McCuistion Regional Medical Center who voted not to be responsible for supportive personnel for the transfer of patients after October I, 1979. City Manager Sokoll presented the following letter from the McCuistion Regional Medical Center: "During our telephone conversation this morning, I agreed to present our Board of Governors the problem we face by sending Registered nurses and other skilled personnel with critically ill or injured patients to other hospitals. Please be advised that the Board of Governors of McCuistion Regional !Medical Center had voted not to be responsible for supportive personnel for the transfer of patients after October 1, 1979. The establishment'of a call list of qualified individuals willing to accompany the transfer of critical patients may be one way of solving the difficult: matter satisfactorily." Director of Emergency Medical Service, J. E. Gooding appeared before the Council and discussed the situation. After considerable discussion, a motion was made by Councilman Farris, seconded by Councilman Williams authorizing the City Manager to negotiate with the hospitals for the purpose of organizing labor pools for RN service. The motion carried 6 ayes, 0 nays., There being no further business, the meeting adjourned. MICHAEL E. HALONE, MAYOR ATTEST: H. C. GREENE, CITY CLERK LJ MINUTES OF THE REGULAR FLEETING OF THE CITY COUNCIL October 8, 1979 The regular meeting of the City Council of the City of Paris was.held Monday October 8, 1979 at 7:00 P.M. Mayor flalone called the meeting to order with the following Councilmen present: George Fisher, Jr. Walter F. Williams, Billy Joe Burnett, H. C. Francis, James W. Farris, and Ronald Kyle. Also present were City flanager, Robert W. Sokoll, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Prayer was offered by Father Vogel. Mayor Malone asked if there were any additions or corrections to minutes of previous meetings and City Clerk Greene requested that the minutes of the Regular Council Meeting held September 10; 1979 be corrected as follows: "Insert a motion by Councilman Burnett, and seconded by Councilman Williams authorizing a resolution to increase the Library Board from seven (7) to nine (9); Correct the amount of bid on the Cox Field taxiways to $94,148.00 from $96,.385.40." Mayor Malone announced that the first order of business would be consideration of recommendation made by the Planning and Zoning Commission. Mayor Malone declared the Public Nearing open on the zoning of Eastfield Estates Subdivision, Phase II. This item had been referi^ed back to the Planning and Zoning Commission at the last regular City Counc 1 e,Ieeting and the Planning and Zoning Commission has recommended that lots 18, 9; and 20, Block A on the north.side of Ridge- view Road and lots 11 -20, Biodk..C, on the west side of 34th 14. E. and lots 1 -10, Block D, on the east side of 34th N. E. be zoned One Family Dwelling District #2. Mayor Malone called for proponents to appear and Mr. Vernon Sdhaefstall and David Killough appeared in behalf of the proposal. Mayor Malone called for opponents to appear and Fir. Webb Board appeared for Mr. Glenn Smallwood stating that Mr. Smallwood has five permits currently for duplexes and the average building price would be approximately $65,000.00 each; that Mr. Smallwood was building the duplexes for family investment purposes. Mr. A. W. Clem appeared for sir. Wayne !Anise stating that Mr. Wise presently holds two building permits for duplexes. Mr. Ron Nelson also appeared before the Council in support of Multiple Family Zoning. Mr. Tommy Bastian appeared before the Council and questioned the procedure of the City of Paris on plats. Mayor Malone declared the Public Hearing closed. Mr. Joe McCollum, Director of Community Development, appeared before the Council and discussed procedures of the Planning and Zoning Commission. After discussion, a motion was made by Councilman Kyle and seconded by Council- man Williams to re -zone the 10 lots on the East side of 34th N. E., Lots 1 thru 10, Block D, Eastfield Estates to Two- Family Dwelling District (2 -F) and other lots in question, Lots 18, 19, and 20, Block A, Eastfield Estates, Phase II and lots 11, thru 20, Block C, Eastfield Estates, Phase II, to one - family Dwrelling District Flo. 2 (SF -2). The motion carried 7 ayes, 0 nays. 626 ORDIIIANCE MO. 2467 -. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHPIGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY, ESTABLISHING A ONE - FAMILY DWELLIflG DISTRICT 140. 2 (SF -2) ON LOTS 18, 19 AND 20,. BLOCK A, AND LOTS 11, 12, 13, 14, 15,16, 17, 18, 19, AND 20, BLOCK C, EASTFIELD ESTATES, PHASE II, ON PROPERTY BELONGING TO EASTFIELD DEVELOPFIENT CORPORATION AND ITS GRANTEES, SO AS TO INCLUDE THEREIN TERRITORY FORIERLY DESIGNATED AS A COM!';IERCIAL DISTRICT (C), AND ESTABLISHING A TWO- FAf4ILY DWELLING DISTRICT (2F) ON LOTS 1, 2, 3, 4, 5, 6, 79 3, 9, AND 10, BLOCK D, EASTFIELD ESTATES, PHASE II, ON PROPERTY BELONGING TO EASTFIELD DEVELOPMENT CORPORATION AND ITS GRANTEES, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A C01111VIERCIAL DISTRICT (C); AND DESIGNATING THE BOUNDARIES OF THE ONE- FAHILY DWELLING DISTRICT NO 2 (SF -2) AND T1::16- P.4,11LY DI JELLING DISTRICT (2F) SO ESTABLISHED. . was presented. A motion was made by Councilman Burnett, seconded by Councilman Kyle for adoption.of the Ordinance. The motiob Carried 7 ayes, 0 nays. Mayor Malone declared the public hearing open on the 06tition of Total Home Builders, Inc. for a change in,zoning from a CommerciAl District (c) to a Two - Family Dwelling District on a .839 acre tract of land located on the west side of 35th Street, H. E. at Nevada Drive. flayor nalor#e called foi° proponents to appear acid none appeared. Mayor Ilalo6b.called for opponents to appear and none appeared. liayor 141albne dec ared the public hearing closed and ORDINANCE NO. 2468 AN ORDINANCE MENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A 11,10- FAf1ILY DWELLING DISTRICT (2F) ON A 0.839 ACRE TRACT OF LAND PRELIMINARILY PLATTED AS NORTH PARK ESTATES NO. 3, UPON PROPERTY OF 11HIC11 TOTAL HOME BUILDERS., INC. OWNS A CURRENT OPTION, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMIERCIAL DISTRICT (C); AND DESIGNATING THE BOUNDARIES OF THE TIRO- FA-IILY DWELLING DISTRICT (2F) SO ESTABLISHED. was presented. A motion was made by Councilman Fisher, seconded by Councilman Iilliams, for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. Mayor Malone called for the reading of an Ordinance previously authorized to close an alley in Block 6, Gibbons Park- Addition. ORDINANCE NO. 2469 AN ORDINANCE CLOSIMn THE ALLEY, BEGINNING AT THE 14EST BOUNDARY LINE OF 8TH STREET, S. E., AT THE SOUTH EAST CORdER OF LOT I AMD THE NORTH EAST CORNER OFLOT 19, BLOCK 6, GIBBONS PARK ADDITION, BEING 20 FEET WIDE, AND EXTENDING IN A WESTERLY DIRECTION, APPROXIMATELY 347 FEET, MORE OR LESS, TO ITS DEADEgD AND THE SOUTH !NEST CORNER OF LOT 7 AND THE NORTH WEST CORNER OF LOT 13, BLOCK 6, GIBROMS PARK ADDITION. LYING ADJACENT TO THE SOUTH BOUNDARY LINES OF LOTS 1 THROUGH 7 AND THE NORTH BOUNDARY LINES OF LOTS 13 THROUGH 19, ALL IN BLOCK 6, GIBBONS PARK ADDITION;DECLARING3 NO NECESSITY OR.MEED OF SAID ALLEY FOR CITY USE OTHER THAN FOR A UTILITY EASENEM17, WHICH IS EXPRESSLY RETAIMED/BY THE CITY OF PARIS; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 8, 1979. was presented. A motion was made by Councilman Fisher and seconded by Council- man Farris for adoption of the Ordinance. Motion carried 7 ayes, 0 nays. Resolution No. 1971 authorizing the Mayor to execute a Quit Claim Deed of 10 feet of the 20 feet alley being closed by Ordinance No. 2469 was presented. A motion was made by Councilman Fisher, seconded by Councilman Williams for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 1971 WHEREAS, it has been called to the attention of the City Council of the City of Paris that there is an alley, beginning at the West Boundary Line of 8th Street, S. E. , at the South East Corner of Lot 1 and the North East Corner of Lot .19, Block 6, Gibbons Park Addition, being 20 feet wide, and extending in a Westerly direction approximately 347 feet, more or less, to its deadend and the South West Corner of Lot 7 and the North West Corner of Lot 13, Block 6, Gibbons Park.Addition, lying adjacent to the South Boundary Lines of Lots 1 through 7 and the North Boundary Lines of Lot 13 through 19, all in Block 6, Gibbons Park Addition; and, WHEREAS, it has been called to the attention of the. City Council that the alley is not desired by the property owners ad- jacent to said alley, but that said alley is of use and necessary to the City of Paris and its citizens for utility easement pur- poses; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized to execute a quit claim deed of 10 feet of the 20 foot alley being closed to the • adjacent owners on either side of said alley,, it appearing that the real and true owners of the hereinafter described lots out of Block 6 in. the Gibbons .Park Addition are as follows: Lots 1 &2 Lot 3 Lot 4 Lot 5 Lots 6 & 7 Lots l3 &14 Lots 15 & 16 Lot 17 Lots l8 &19 E. L. Scott Donald F. Pierce Ruby T. Fleming Elsie M. Orr Richard Bills Wiley Higgins. William A. Eudy Burnard Ruthart Viola Armstrong BE IT FURTHER RESOLVED, That the City of Paris retain a utility easement in the area to be described in the above de- ' scribed quit claim deeds. Passed and adopted this 8th day of October, 1979. Michael E. Malone, Mayor ATTEST: . GtObene, City Clerk 627 E2v City Attorney Haynes presented a petition from James Wright for approval of an amended site plan for planned development authorized by Ordinance No. 2121 for Lot 4, City Block 44. Mayor Malone referred the request to the Planning and Zoning Commission for their review and recommendation and called for a public hearing at the next regular Council meeting. Mayor Malone stated the next order of business would be recommendation by the Traffic Commission. The Traffic Commission had recommended at the request of the Highway Department for "No Parking within 10' of pavement" signs 500' of each side of the entrance to the Battles Trading Post located on Northwest Loop 286. The motion was made by Councilman Burnett, seconded by Councilman Fisher, authorizing preparation of an Ordinance. The motion carried 7 ayes, 0 nays. Mr. John Bell, representing the Paris Aviation Council appeared before the Council requesting that the Council consider the expanding of the Airport Board to seven (7) members. Mr. Bell expressed the Aviation Council's opinion that the Airport Board needed a Fixed Base Operator and P1r. William Clark and E -rr. Robert Wright also appeared before the Council discussing hangar rates. Mayor Ralone called for the tabulation of bids for Police Vehicles and the following bids were presented. MCDOUGALL 1 -Car (C.I.D.) $6,533.00 1- Station Wagon 6,829.00 4- Patrol Cars $22,932.00 BOOTH $ 6,200.00 5,600.00 $28,746.16 LOWRY $6,188.00 6,396.00 $22,950.00 City tanager Sokoll recommended that the lo.a bid of the Companies meeting specifications be approved being that 4 patrol cars - McDougall Oldsmobile; 1 Station Wagon - McDougall Oldsmobile; and 1 Automobile for the CID from Booth Motors. A motion was made by Councilman Fisher, seconded by Councilman Williams, approving the recommendation of the City "lanager. The motion carried 7 ayes, 0 nays. 629 f.layor Malone called for tabulation of bids for Bulldozer for the Sanitation Department and the following bids were presented: Net Net WO Trade With Trade Darr Equipment Company $ 81,885.00 $ 64,885.00 Longview, Texas George P. Bane, Ihc. $ 81,800.00 $ 68,000.00 Tyler, Texas City Manager Sokoll recommended that the bid of the Darr Equipment Company less trade -in, in the amount of $64,885.00 be approved. A motion was made by Council- man Fisher, seconded by touncilman Williams approving the recommendation of the City Manager. The motion carried 7 ayes, 0 nays. The City 1114anager advised the Council that this was a ron�- budgeted item. !1ayor Malone caked for redei -pt of bids for Gasoline Pump'Key System and the following bids were presented: United Pump Supply Company $1,926.00 Dallas, Texas William H. Wilson's Sons, Inc. $1,651.30 Arlington, Texas B & J Equipment Inc. $1,546.35 Longview, Texas City Manager Sokoll recommended the bid of the B & J Equipment Company, Inc., be approved. The motion was made by Councilman Fisher, seconded by Councilman Williams approving the recommendation of the City Manager. The motion carried 7 ayes, 0 nays. Mr. Gary Brown, 623 15th Street, S. 14. appeared before the Council and discussed the condition of 15th Street S. W. in the vicinity of his residence and requested consideration for improvements. After discussion, a motion was made by Council- man Williams, seconded by Councilman Francis, to improve the street under the gravel program currently underway. The motion carried 7 ayes, 0 nays. Mr. Tom Hensel, representing McClanahan & Holmes, CPA, appeared before the Council and presented the Annual Audit for the past fiscal year. A motion was made by Councilman Burnett, seconded by Councilman Williams to accept the audit report. The motion carried 7 ayes, 0 nays. Mayor Flalone requested consideration of the Council for the appointment of W. T. (Bill) Murphy as a nominee to the Board of Directors for the tax appraisal district-of Lamar County. Resolution No. 1972 nominating W. T. 11urphy for membership on the Board of Directors of Appraisal District composed of the tax units of Lamar County was presented. The motion was made by Councilman Farris, seconded by-Council- man Fisher, for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 1972 WHEREAS, the City Council of the City of Paris deems it. to be in the best interest of the citizens of Paris to cooperate with other taxing units in Lamar County in the establishment of an Appraisal District for Lamar. County; and, WHEREAS, having concluded that it would be in the best interest for said Appraisal District to be governed by five directors, to be composed as follows: One resident of ;Paris Independent School District One resident of the City of Paris One resident of North Lamar Independent School District One resident of the City of Blossom or of the City .of Deport or of Prairiland Independent School District One resident of Lamar County and for W. T. (Bill) Murphy to be nominated as the' resident from the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That W. T. (Bill) Murphy, be, and he is hereby nominated for membership on the Board of Directors of the Appraisal District composed of the Taxing Units of Lamar County. Passed and adopted this 8th day of October, 1979. Michael Malone, Mayor ATTEST: H. C.-Greene, City er APPROVED TO FORM: T. aynes, City Attorney -. - 631 On the agenda item for consideration of the Council for an Ordinance notifying the public of the City's intent to assess property owners for curb and gutter- ing on State Highway 19 South, a motion was made by Councilman Williams, seconded by Councilman Burnett to table to the next regular Council i-leeting. The motion carried 7 ayes, 0 nays. City Manager Sokoll requested authorization to advertise for bids for new fencing around a portion of the City's haintenance Yard on Hickory Street. A motion was made by Councilman Fisher, seconded by Councilman Williams,. approving the request. The motion carried 7 ayes, 0 nays. City Manager Sokoll presented a request from Lamar County to share in Federal Housing-Project payments that are made in lied of taxes. After considerable discussion a motion was made by Councilman Burnett, seconded by-Counciiman Williams, authorizing a Resolution to be prepared authorizing the amending of the contract with the Housing Authority of the City of Paris to include Lamar County in the distribution of the housing payments.made ih lieu of taxes. The motion carried 7 ayes, 0 nays. Resolution Ho. 1973 authorizing the Mayor tti.enter: into a contract on behalf of the City of Paris for appraisal service-with the Paris..Independent School District, North Lamar Independent School District and Associated Tax Services, Inc., was presented. A motion was made by CoOncilman Burnett, seconded by Councilman Francis for adoption of the Resolution. Tire motion carried 7 ayes., 0 nays. 632 RESOLUTION NO. 1973 WHEREAS, the City City Council of the City of Paris deems it to be in the best interest of the citizens of Paris to procure the appraisal of the real and personal property for the purpose of insuring that taxes assessed and collected are equal and uniform; and, WHEREAS, Associated Tax Services, Inc. of Irving, Texas, is providing a similar service for Paris Independent School District and North Lamar Independent School District; and, WHEREAS, the costs of appraisal can be reduced with re- gard to.property whose situs is common•to the City of— Paris and Paris Independent School District and North Lamar Independent School District by purchasing such information from those bntities upon the terms and conditions and in the form of the contracts attached hereto as Exhibit A and Exhibit B, respectively;:and, WHEREAS, that property both real and personal not in- cluded in either Paris Independent School District or North Lamar Independent School District.which is within the cor- porate limits of the City of Paris should be appraised and evaluated in order that all of the tax role can be equal and uniform; and, WHEREAS, Associated Tax Services, Inc. is available to perform that service upon the terms and conditions and in the form of Exhibit C; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contracts .for appraisal service upon the terms and conditions and in form shown in Exhibit A, B, and.C, attached hereto with Paris Independent School District, North Lamar Independent School District, and Associated Tax Services, Inc., respectively. Passed and adopted this 8th day of October, 1979. ATTEST: 1.4. , APPROVED AS TO FORM: jT K. aynes, City Attorney �m Michae E. Ma one, Mayor ate. 633 STATE OF TEXAS COUNTY OF LAMAR APPRAISAL SERVICE CONTRACT This contract made and entered into this 8th day of October, 1979, by and between the CITY OF PARIS, Paris, Texas, a body politic, acting by and through its Mayor, duly author- ized, hereinafter called City; and the.Board of Trustees of the PARIS INDEPENDENT SCHOOL DISTRICT, Lamar County,%Texas, hereinafter called School; hereby contract and agrees as follows: 1. City covenants and'agrees to purchase and the School agrees to sell the right to appraisal and evaluation information prepared and assembled for School by Associated Tax Services, Inc .,,Irving, Texas, under contract dated August .-20, 1979.. 2. City agrees to pay to School*FORTY ONE THOUSAND THREE HUNDRED TEN AND NO 1100 DOLLARS ($41,310.00) for the appraisal and evaluation of property common to both City and School Tax' Districts. 3. City reserves and School grants the. right to city to purchase the reproduction of appraisal and evaluation records of real and personal property common to both taxing districts at ONE DOLLAR-($1.00) per each. 4. City agrees to pay-to School all payments due under . this contract on the first day of July, 1980, or upon the date of completion of the work contracted for, whichever is later. CITY OF PARIS By: ATTEST: I�Iiciael' -E.` Mahone, Mayo 0 634 APPROVED AS TO FORM: T. K. Haynes; City Attorney I e 635 APPRAISAL SERVICE CONTRACT STATE OF TEXAS X COUNTY OF LAMAR X This contract made and entered into this 8th day - -of- .October,.1979, by and between the CITY OF PARIS, Paris, Texas, a body politic, acting by and through its Mayor,-duly author-" ized, hereinafter called City; and the Board of'Trustees of NORTH LAMAR INDEPENDENT SCHOOL DISTRICT, Lamar County, Texas, hereinafter called School; hereby contract and agree as follows: I..-City covenants and agrees to purchase'and the School agrees to sell the right to'appraisal and evaluation information. prepared and assembled for School by Associated Tax Services, Inc., Irving; Texas, under contract dated December 11, 1978, a copy of which is attached hereto as Exhibit A, to parcels of real property and personal property common to both City and .School taxing districts 2. City agrees to pay to School fifty per cent-(50%) of School's cost.attributed to the appra-isal.and evaluation of property common to both City and School Tax Districts, except` in the event Lamar County..chooses to share in the appraisal'and evaluation-costs of the North Lamar School District and in that event the per parcel cost to School would be reduced to TWELVE. -DOLLARS ($12.00) and the.City's-costs would.be.reduced to FOUR DOLLARS ($4.00) per parcel. In addition to the per parcel costs, City agrees to pay ONE DOLLAR ($1.00) reproduction of records costs per parcel and per personal property appraisal and evalu- ation. CITY OF PARIS By: Flcfiae� Malone, `-- Mayor ATTEST: "w }k &m "' n 1epWww `..ywr - T3..• . i�l1F - £ Tom.. ,.ta... 'Y^'Y JL _ .636 APPROVED AS TO FORM: T. K. Haynes, City Attorney 'A • www.�^ --i t; y .�� s �1�'. .a y.✓i �Tk � 4+ � 1 t, � � - /` -'s 7 � ` - k k jf,...i.� �ti. ar. lw Yr �ti�w � s ;j f ♦.•t +j` 6.3v s s. -CONTRACT THE `STATE- OF TEXAS KNOW ALL MEN BY THESE PRESENTS: C0 NTf OF LAMAR . �. this Contract is.made and entered irita this day of December,,. - 1978, between the Board of Trustees of the North Lamar Independent:.School District, Lamar County, Texas, hereinafter referred to as "District "., acting herein by and through its duly authorized official, and ASSOCIATED TAB( SERVICES, INC. of Irving, • Texas, acting herein by'.and through.Foy"Mitchell, Managing Partner, WITNESSETEI .f . WWEREASthe Trustees of the North Lamar Independent School District, Lamar. County Texas, has.determined that :there is a necessity for and that it will be to the best interest of the said-District and the taxpa yers-.generally to employ , raisal and evaluation of property so that all' taxable real experts skilled in the app property may be properly valued -for taxation and the values thereof equalized, and the-Trustees desire to obtain' information, data, and assistance to enable-its, Assessor -- Collector -and its Board of Equal izati on,to better- perform :their respective # t duties and functions as_ required by law; arid _ WHEREAS the appraisal and evaluation of; taxable real properties for ad valorem tax purposes is specialized art re4uiring training, sk�il, experience* and expert knowledge;... and WHEREAS; the Trustees of the North Lamar Independent School.Qi`strict, Lamar Texas,. 6el i eves : that :the Assoc ated Tax SerYi., s , : I nc A herei nafter . call, ed ; -County 9 _. . �...: ry "Company ", possess special skill, technical i�nowledge, and the experience required, t . ., essential, desirable, and necessary for,`the appraisal of taxable real properties and the furnishing of :expert advice and jassistance to its.... taxing officials artd ittiat it ''. r should contract .for the services of Associated Tax Services, Inc "gin the amounts hereinafter stated; x NOW, THEREFORE, PREMISES CONSIDERE[Da.the part i�s� *AGREE as follows: The Trustees of the North Lamar Independent School *District, Lamar County,_ Texas hereby.e+nploy the Associated TaxServices,'Inc•, to make a survey of all real property, . including land and improvements thereon, subject to taxation situated withif the boundaries of the North -Lamar Independent School.Di'strict, and to appraise fairly equally and uniformly the fair market value of such taxable properties for tax purpose' _ _ EXHIBIT A _ 'Y � y • !f,- l' 't .ski f ... - a- 4' 2.' . - - e 3 R ; X. _ d worts i s for the use of the Assessor and the Board of • The complete Equal i zatlon:-of the North Lamar Independent School District. All records, appraisals and other - information gathered and developed by the Company as a result of its employment : . Independent School. District. shall remain the property of the by'-the North sisals, and other information •District. The. Company agrees that said records, apP royal of. sha11 be released to other interested parties only with thti es� vreagencies to .tf�e District.' .Should the District wish to allow the Company agrees to provide cop'te` _ in the use and cost,of this program, P participate = of all final appraisal cards at ,a fee of ONE DOLLAR .($1.00) for each additional appraisal card produced. It is hereby understood that the Company-is employed only by th e North Lamar Independent School District.for. the conduct of appraisal and .. I. equalization services within the North La warindependent School District, for the District. therefore agrees to provide the services- listed 'in this Contract only. =and sisal` Worts' will, tie based on true and full value" 'as defined The tax survey PP in Article 71499 s� .. All values will-be based an a ianl form - system of appraising for. the purpose of determinin g-'-fa ir and equal assessed•values on all real properties ot - - r i 3. ' It is contemplated that the Company will coordinate an "itzti al nieetind with ..:.Such i ni ti al taxpayers for informal review:of the values proposed b� the Company . and informal.reviw will be. held ata #central = iccatian`in the District.•in a plat meeting a • . designated and provicied'by the District. Notification to thoserender.ing their property and desiring a. hearing before the Board of Equalization will be mailed Prof Y by" the_ Company and at its: expense The, hearings, beforer the. Board of Equal i zat�on 1 be held at a place designated by th,Assessor Collector,aCd situated within w� l the corporate limits of the District..-, i i 3lh, x L ?,.f. r7 °l .. 3`E.;r�Err.w � "k�'�� G' +"3t- 4ip�'3 Wr'ii•!3 �4 ,tee <� � ; 7�i,, i� - - ris i. t � �.� �, - �tr - _x fr •'•- {."�.r�3 f�. vt- t� 1:t es ectiv� duties of the' pares are as fo�lowsf The r _ R S 't +'tY �6R Yj3r � -_ .: S ..• s � i`sa. � �Yi,F i �.ai^ 2Y}. ( +i;4 - _ YTt 3:4tF -k - - � � R� s. y.e ..F + I-• p 4 f �t�i Lw� ZJ 4 A. District AGREES: t �� �, =,;� ,... -T�,.:. r I. To :provide ?Company ana its+;employees and:asociates ally available records - of. -.the? Di.stri ct. �rel ati ng- ':and= pertaining to :taxation, .including.sfield_ cards, °budding drawings and maps.; 2. *To advise the `owners of ,each propertytQft a value as it has been determined and announce t an informal review and appropriate Board of'Equalization hearing (s ). will be held, ° 3: To provide a meeting place for Company including necessary furniture for informal meeting with taxpayers and.the Board. of Equalization. 4, To cooperate with and render all reasonable assistance to the Company and its employees. (Contract - page 2) 8... 'Company AGREES, at its expense; to do the following: 1, To provide all facilities, equipment, and the supplies necessary to carry out the work without additional expense to the District. A sup ly of appraisal cards,. equivalent to ten per cent (1n %) of the total used during the work, will be provided for the convenience of the'Tax Assessor in continuing the system. 2. To prepare new individual property appraisal record cards on each parcel of property. These cards will contain .items of -information in connection with. the property including= lai Legal description of the property; b Present owner; (c} Size and location of property; d} All pertinent data regarding land; e Sketch of improvements including dimensions; (f� All data pertaining to improvements bearing on . apprai sal;- g Depreciated value of improvements, h Land units extended to present values; ( } Total value of parcel " i ncl uding 1 and :i Y ;,.:improvements ;: (} Whe re .necessary ,.market value and agricultural value 3. To. pravide reasonably accurate maps ti�hich will be used f by Company as tax maps a- nd for posting front foot unit values, square foot. or: acreage values and as land _F ::value maps for the District. , r 7•t. _ F 4. Toh make. a careful :investigation of local constructiori costs. co structian` cad . =sha11 be analyzed dram;, such i nformat o y JF. f ,.: t !F for all materials �entering into the construction of all types of buildings and-shall reflect the average cost of materials i n • pl ace for specific grades of , s fractures ranging from .low cost: to expensive tonstructiar�.,} ,after construction costs =are analyxec4 and* devel oped,i a `un t`; cost schedule shall -£ b@ :prepared. for all eoaa cl asses grid c � .- adesof constrzcci ot. h; l-I 5. F di �► ft0U4 � , Ter "compile and fcrrzt. f out (4 }Qi? n ,� w , . . - to be�used�iri :apps►affv�rbu�ld}ngs`rtc ;the: =a'rea siowng cost "schedules .for va oia rtjipe y lase ;sand.:. grades Q€ f . bui'1 di ng de ie €��t�y,^v' }^ea and �ls1 f fi cai^� on ofachr S as4 # i' lFyX1���fS4�y 5.,� {- ;`''" z'''Ur ? bui7li7n$ F r4 X157 t i^';f §cf� iii i 6. To reviera An the�.ieldleach parcel and�al property Improvemerit order to" deteiiaii :. t� e'; accpracy pf x s ng bui.l d� ng.: i n oirmati := measuring improvems?rets Dillyahere;tieceSi�y''and, to sketch "all principal. . improvem+ents`*showi gig' dimensl ons =_to- .the nearest•-1 i neai foot. Data . will ._ be _ obta.i ned :and noted.,•'regardi ng type of - construction, age (ii=:obtainable },,condition, utility, depreciat7 recent saes prices; etc.'` A, basic price per square foot will be assigne'd,to each parcel;'and all additional items having an will influence on the value will be considered .'ndepreciationutility� applied i n accordance with age. c (Contrast page 3) mot~ • T; t� lr ON i ~ raisers to inspect, appraise, and 7. To furnish qualified app evaluate the real property of each principal schedules for and industrial plant. Company sha p typical. commercial and industrial buildings in a manner in similar to that used for residentiaabuelofnconstdructionmber sufficient to value all types and p 8. To make a careful investigation °1 bee secu fair redacoveringue of all classes of land. -Data wil fair market sales and will be analyzed,•checked, and recorded. Company will determine basicd after examiningaeachoparcel in acreage for each parcel,:an 1 such units the field and all factors,affecting value, apply and determine the value of each parcel. The Company will compute the valuation of each parcel at-the reasonable -fair market value. 9. -To inspect .classify, and appraise each tract or rural homesite. All factors" of- valuatiorr. shall be considered, including type of" soil, typography, productivity,-size and land, uni Rural ;::lands-shall -'be classified into as many equal and. uniform values. For those properties which qualify for agricultural use value-as­-set out by Statute or.,the Texas Constitution, Company shall--develop an agricultural:.Value based on the type of soil , - "use;- and average- produetiv ity of :"the land.: ".Where necesnary;-' market .value for- record purposes . w� 11 also be given 10..`•To provide-..t he services of its experienced viewginthe� field personnel- to make a final inspection and re of all land and buildings upon completion of office computations -The final .inspection and - review -will take= "iof.indi idual - n any known -irr _apparent - changes i n the. val us ; of individual properties' since they Were. _ first inspected:: irt. order that .-the °final .-value of. a13 ' paprti es :w� l 1. b un form and equal- as of the date of completion of the wol� 11. To assist-the Tax Assessor An establishing procedures to notify each property owner of-.the-value-recommended on his.property. The .Company -will . thea.-.advi se_ the° p wner:;_c? f, cacti property. by ;mail, of t he __ value; =as3 :i s :been de ter miried,and..announce the time and .place whentar �nfomal ;�ev {ey;.wfillbe held.:- Gvmpany steal 1. notr diseass are any lad€xecos :ifs: :theppaisks�s = or .its progress ar°�+i u'�urrtil -:noti f € coil "pri for i normal ;s�� Lr p of each roper. rw is'sent to the evie awne t x , x. •- r5- - ..0 -. 1Z. To conduct nformal�iaxpaYer.reel o ing ,,which meetings shall' be on ari iridividua�i'�t;pointmenlc basis�r scheduled V, and v .:through - the::Tax Office,'_•i =order, : -to discuss::�tith: any property- - owner the value places! �?poD: his property. , ;Such . meetings - shal l be conducted within- ` one" �l -) "month af' the. °date of completion of the work and shai41.be: held in.-factli- ties- to:..be provided by _ the Tax Office.. _ w_ sonnl 13. To furnish competent -and experienced perishto meet with the Board `of Equalization* qualified to furn testimony as may be required by the Board of Equalization at its meetings.. :. 14.- To supply the services of its qualified representative as an expert witness in the event of an appeal to the Courts to support values established by the appraisal in all cases of complaint which might -arise following the completion of the work. (Contract - page 4) Testimony of such representatives and other services in support of recommended values shall be made available to the District at no additional cost. Company shall have no obligation to defend values not elateCmanded for the event such case shall be appealed and r re new'trial by an Appellate Court,' Company agrees to furnish the same witness at no additional cost to the District. 15..To cooperate with the District in promoting and maintaining good public relations and public education in connection with the valuation program and use whatever media available to inform the public of the plans, aims, and progress.of the Tax Survey. Newspaper articles and other publicity will be prepared.. The Company shall, upon request therefor,. make available trained speakers to acquaint groups and gatherings with the nature of- the project. The Company's audio - visual program will be presented to interested groups or civic organizations. 16.. To provide and use the services'of competent employees having good character and sufficient skill -and experience to perform the work assigned to them properly.'' The Senior Appraiser in charge shall have no less than ten (10) years of practical appraisal experience .involving extensive corranerca a1, .industrial ,. rural and residential type properties. He shall also have a professional - designation in one or.more of-the recognized appraisal and valuation disciplines. It.is specifically.understood that all valuations -will be established and reviewed by thoroughly qualified and experienced: members of- the - permanent staff of the Company.. 17. To furnish a 'competent member of the 4irm to `explain fully to the Tax Assessor and his staff .im i mediately upon.fnal delivery of records and data obtained in the appraisal program all of. the material.so delivered and t® instruct tax.off'ice personnel in`.:' e very-'phase of the. work'.. ' icojnpany shall pro9l dq .a:.r. easanabl a number of half -day instruction sessions.in:al'I phases of the work, including use of the property Appraisal +Manual, for the Tax Assessor and designated.staff_ members._` 18. To neither employ nor become•associated with �n any .manner or : - capacity >'any officialF, empxldyee .or,advisok.toz=any-political entity . that i n any way, ,may ght.:- ben�fl fxom ,the ad valorem, t ; tax;levy_.other�.than th ;' 6 '%cUial a�socia a .:+ i h,.the T7cax A ys�ga;r.? rj 'i y� mix r #tj s s t Y aY "! SSo iFr3 ri .F � .i" v i �},•�_ [�7 i'i ;T s l`iiY •. ^' i t e sett= �% i iay 'Try p•,+ y -v - � ?..«P k' ��: d' i- � rt�" ✓3 �.¢ { :.. � .: . � t j,f• £r , c. , With the exception af:tboseobl''gat e Board of Equalization; Company. agrees to complete the sev'ees provided for' �rereio on or before the _lst day of .july,.1980, provided that such work may. begin 'upon execution of this Contract. It is speci-fically.understood and agreed.between the t: parties that the time for completion of all - services provided`for herein may extended for such period as Company.may or.might be stopped or delayed for reasons beyond its control, including . decisions, -or.Iack of timely decisions, by any particip taxing entities herein which may or.might delay the progress of the work. 6. Company agrees to secure all information possible and available for the use of the Board of Equalization to assist in enabling such Board (1) to determine the proper valuations to be fixed far and upon the properties subject to the terms of this Contract, and (2)'to equalize the valuations of the same with all'oth.er, - (Contrast pag° classes of property assessed and valued for taxation in said District. The Company -shall compile such taxation data and information as shall be of aid and benefit to the Board of Equalization of said District in accomplishing the foregoing. A. This Contract is not intended to be, and shall.not be deemed to be, a tax ferret contract, it being the intention of the parties -that. the Trustees do not desire-to and do not obligate the Company, and Company does not desire to and is not obligated, to ferret out, locate, identify or discover any properties to be added to the tax rolls of said District. It is agreed that the only properties to be added to_the tax rolls (rendered and unrendered) of said District will be those placed thereon by the Tax Assessor of said District, and that the only.. properties within the classes of property subject to the terms of this Contract which shall.be appraised by :Company under the.terms thereof, shall.consist of.. properties - presently appearing on the tax ;rolls of said District, or hereafter assessed for taxes -and placed on said .rolls by the.Tax Assessor-.of-said District. However, -in the event that Compan' during the- course_ -mf -the performance of the services provided for hereunder, locates; i.dent_fies or discovers any property which is not on the tax rolls, Company agrees.to provide the._Tax Assessor of said-. District with the available information relating thereto _ 6. It is not the intention of-the parties hereto,, and particularly -not the intention of the Trustees of the North Lamar Independent School District, Lamar County, Texas',:to.invade or.usurp the posers of the -Tax. Assessor of said District, Trustees of said District reco9niXin9.,that t has no. :power, authorlt2�M1' _ �• i:Y. or jurisdiction to make assessments of properties for tax' purposes._- :-C- The Trustees of the North Lamar..Independent.- School _District, Lamar County, Texas, as park;. of their del iberatiom ,in the- adoption .of, this Contract; finds that special scientific skill, knowledge and.:abilityndrsoientfific and ;.technical equipment.are,essentiaT to the performance, of the serviced by Company under the terms of this Contract, and that the employ�r�t��q; ih,o., Co mpanyJngtuts the�semp''ay exit` of skilled.experts in special instances,; to assisi then uat� , Equal i xati opt of the , z k �r North Lamar Independent School Ditric9 Lamar. County Texas��' its arriving. at fair, just, impartial,- and equal and uniform ;valiait ons: of ropex tax purposes my said District." In consideration for-the services rendered and to be rendered herein by Company to said Trustees, the,Trustees of the North Lamar Independent School Distric Lamar'C�ounty, Texas, AGREES to pay to Company in Irving; Dallas County, Texas, the sum of NINETY TWO THOUSAND SEVEN HUNDRED NINETY FIVE AND NO /1003 ($92,795.00) DOLLA based on $13.85 per property parcel as the maximum.amount. For the purposes of this Contract,-a' parcel of property shall be described as: In the case of real estate - a tract of land identified by deed, separate and apart from other- property held by any owner and not contiguous with said owners other property. N ,� n+ao-r rr kYr? gar: �trx�! -r :,�... y .. r .... -. !'.. � " Ass --•:s� In the case of personal property - an individual location wherein 6 4 3 an owner .conducts the -sale of goods or services. It is anticiapted that there are approximately six thousand seven hundred (6700). parcels of property within the North Lamar Independent School District.. Should the actual number be proven to be more or less than the estimated six thousand seven hundred, then the final payment due under the terms of this Contract shall be adjusted based on the actual. number of parcels multiplied by the per parcel cost.of $13.85. 8. The amount due from the District under the provisions of this Contract shall be payableas•follows: A.-Using as the anticipated total - amount.of NINETY TWO THOUSAND SEVEN.•. HUNDRED AND NINETY FIVE DOLLARS ($92,795),: an.amount of fifte'en.per cent (i5 %) shall be held out until said Contract Js completed;._ said completion.date.to be July•11,1980. Said amount, being approximately THIRTEEN THOUSAND NINE, HUNDRED.AND-FIFTEEN DOLLARS ($13,915) shall. then. be'.paid. The balance•of the Contract,- being the remaining , eighty five (85 %) per.-cent or SEVENTY EIGHT THOUSAND EIGHT HUNDRED AND, EIGHTY DOLLARS ($78,880) shall be paid in seventeen equal payments of -FOUR THOUSAND.SIX HUNDRED AND FORTY DOLLARS ($4640)- ._'.the first payment being due on February -1; 1979, and the succeeding sixteen payments being due.the-first .of each month-'until the total amount of the contract. "is paid in full. B. Shoulii other`-tax entities w s to enter into an .a9reement.for the participation in the equalization program: the District and - the 'Company may.�nter; into other agreements providing for the payment of any additional charger as_ described in Paragraph 3 of this Contract IN WITNESS WHEREOF, we execute this Contract ot�the day of - • - - .. i i. yr •e r - q ,y, .\X}%r December 1978 r. ? r > ~ +2r yy 4 h r i ♦ rd & Fc�S% ° f i x . L i i rS ;hr al r�42 314 Iris r`ts: `FRDSTEES> NORT H�} I.AtARIND£PEN�►ENIfSCEfQ04:C?iS z • .+'�-��"..r y, �i•� �ly f ,,,sij r�. 't.* -- � ` S {�.)- � r f rr » ° a °r FiO Vhf, TIM {i4 i* S" S, ' _ 7 1 4 r1 J � �'�` Y 'fi^ M( .Y"2� �X•ih � r T - ' ./ .!] j ` J••ley 3 C. - r a'-" f I'�•..1; , _ r -,o �• X "t � i:'��i�,ii ;+..�. of }= r � yF tt7 ° r °J i7i • - A �`. FFesi dent ° x v. ATTEST: lit ASSOCIATED TAX SERVICES, INC. ATTEST. � 5 � r , 64" STATE OF TEXAS COUNTY OF LA14AR 1 APPRAISAL SERVICE CONTRACT X X This contract made and entered into this 8th day of October, 1979, by and between the'CITY Or PARIS, Paris, Texas, a body politic, acting by.and through its Mayor; ;duly author- - ized,.h6reinafter called City; and ASSOCIATED TAX SERVICES, INC., of Irving, Dallas County, Texas, acting by and through. its 'dice President and General Manager, Foy.Mitchell, Jr., duly - authorized, hereinafter called Company; hereby contract and agrees as follows: = 1: Company covenants and agrees to furnish - appraisal and evaluation information to City of the.same quality as that furnished by Company to Paris.Independent School District under contract dated August 20, 1979, and.to North Lamar Indepen- dent School District under contract dated December 11, -1978, for-_. parcels of real property and personal property - located within the corporate limits of the City of Paris and not included within the Paris Independent School District, or the North Lamar Independent' School District,.-at a*cost of TWELVE DOLLARS -AND 75%100 ($12.75) per parcel. . 2... City agrees ,to pay to Company all fees due under this contract on the first day of July,-1980, or upon completion of the work whichever is later. CITY OF PARIS By- ATTEST: - H. C. Greene, City Clerk OWN APPROVED AS TO FORMt T. K. Haynes City Attorney ASSOCIATED TAX SERVICES, INC. gy; . oy 'fitcbelT, Jr , , , ice resident and .General Manager - ATTEST: Resolution € o.- 1974 reappointing J. R. Hutchison, H D. Misso, Copal mahas, Ralph Rodgees,,.Leland Smith, Homer.T.hornton, Jr., and appointing- Billy €lroWn as members of the Board of Directors of the Paris Housing Authority to serve from July 1, 1579 through Juho 30, 1981 was presented. A motion was made by Council- man Fisher, seconded by Councilman Williams for adoption of the Resolution. The motion carried 7 ayes, 0 nays. Mayor Malone advised the City Council would go into Executive Session and the regular session was declared closed. Contractual agreements were discussed on sewer line easements in City Block 306 among other items. Mayor Malone declared the Executive Session closed and the regular session open. 645 J APPROVED AS TO FORMt T. K. Haynes City Attorney ASSOCIATED TAX SERVICES, INC. gy; . oy 'fitcbelT, Jr , , , ice resident and .General Manager - ATTEST: Resolution € o.- 1974 reappointing J. R. Hutchison, H D. Misso, Copal mahas, Ralph Rodgees,,.Leland Smith, Homer.T.hornton, Jr., and appointing- Billy €lroWn as members of the Board of Directors of the Paris Housing Authority to serve from July 1, 1579 through Juho 30, 1981 was presented. A motion was made by Council- man Fisher, seconded by Councilman Williams for adoption of the Resolution. The motion carried 7 ayes, 0 nays. Mayor Malone advised the City Council would go into Executive Session and the regular session was declared closed. Contractual agreements were discussed on sewer line easements in City Block 306 among other items. Mayor Malone declared the Executive Session closed and the regular session open. 645 RESOLUTION NO. 1974 4 WHEREAS, the City Council of the City of Paris did in Ordinance No. 2320 establish the Paris Hospital Authority, to be governed by a Board of Directors consisting of seven (7) mem- bers, whose terms are for two (2) years; and, WHEREAS, the terms of office of said members, being J. R. Hutchison, M. D. Misso, Opal Nahas, Ruth Perkins, Ralph Rodgers, Leland Smith and Homer Thornton, Jr., have expired, and such members should be re- appointed or replaced, in order that the Board may carry out its proper functions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That J. R. Hutchison, M. D. Misso, Opal Nahas, Ralph Rodgers, Leland Smith and Homer Thornton, Jr. , be, and they are hereby re- appointed and Billy Brown be appointed. members of the Board of Directors of the Paris Hospital Authority, to serve from July 1, 1979 through June 30, 1981. Passed and adopted this 8th day of October, 1979. Michae E. Malone, Mayor ATTEST: H. �: Gre ne, City Clerk APP OVED TO FORM: T. . Haynes, City Attorney 6th; There being no further business the meeting was adjourned. 9 E . `RIAL P E, : Y R ATTEST: H. C. GREEME, CITY CLERK MINUTES OF THE SPEOIAL,1EETIM6 OF THE CITY COUNCIL October 22, 1979 The special Council meeting of the City of Paris was held Monday, October 22, 1979 at 5 :15 P.M. Mayor Malone called the meeting to order with the following Councilmen present: B. J. Burnett, Jim Farris, Ron Kyle, halter F. Williams, George Fisher, Jr, and W. C. Francis. Also present were City Manager, R. W. Sokol], City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Malone announced that the purpose of the Special meeting was for the receipt and awarding of bids for a sewer project on Pine Mill Road. Mayor Malone called for tabulation of the bids and the following bids were presented: Heuberger Plumbing Company, Paris $27,539.40 Continental Contractors, Inc., - Garland $27,210.01 B &B Equipment & Dual Construction Co. - Paris $35,998.00 €4. L. Smyers & Co. - Powderly $39,455.55 City Manager Sokoll recommended that the Heuberger Plumbing Company be awarded the bid in that the low bidder had reportedly been having financial problems. Resolution No. 1975 authorizing the Mayor to execute a contract with the Heuberger Plumbin Company for the Pine Mill Road Sanitary Sewer Extension in the amount of ?27,539.40 was presented. The motion was made by Councilman Burnett, seconded by Councilman Williams for the adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 1975 WHEREAS, the City Council of the City of Paris, did at its regular meeting on the 13th day of August, 1979, approve the ad- vertisement for bids for Pine Mill Road Sanitary Sewer Extension, . which bids were received until 10:00 o'clock A. M. , Wednesday, October 17, 1979; and, WHEREAS, the best bid for such construction project was made by William S. Heuberger, d/b /a Heuberger Plumbing Company, and he should be awarded the contract for such project; and, WHEREAS, the form of contract to complete said project is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ,THE CITY OF PARIS, That the bid of William S. Heuberger, d/b /a Heuberger _ Plumbing Company for Pine Mill Road Sanitary Sewer Extension, in the amount of $27, 539.40, is hereby accepted and let, conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the contract for the above described work, upon the terms and conditions and in the form shown in Exhibit A attached hereto, with William. S. Heuberger, d/b /a Heuberger Plumbing Company. Passed and adopted this 22nd day of October, 1979. y ATTEST: r t Z_Z� H. Gres . e, City Clerk APPROVED,,-AS TO FORM: T. K. aynes, City Attorney ONx °� 649 Mayor Malone called for the reading of an Ordinance notifying the public of the City's intent to assess property owners for curb and guttering on State Highway 19/24 South. ORDINANCE NO. 2470 AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE IMPROVFJ,1ENT OF A CERTAIN STREET AND HIGHWAY AND PORTION THEREOF IN THE CITY OF PARIS; APPROVING PLANS AND SPECIFICATIONS PREPARED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRAMSPORTATION AND APPROVED BY THE DIRECTOR OF PUBLIC WORKS; APPROVING ESTIMATE OF APPROXIMATELY $7.70 PER FRONT FOOT FOR CURB AHD GUTTER, BASED UPON THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATIOM AND THE CITY ENGINEER'S ESTIMATES; INVOKING THE PROCEDURE PROVIDED BY ARTICLE 1105b, VERNON'S ANNOTATED TEXAS STATUTES, AND THE CHARTER OF THE CITY OF PARIS, PARIS, TEXAS ADOPTING SUCH STATUTE; DETERMINING THAT A PART OF THE COSTS SHALL BE BORNE BY THE CITY OF PARIS AND THE STATE OF TEXAS, AND THE BALANCE THEREOF SHALL BE BORNE BY THE ABUTTING PROPERTY AND OWNERS THEREOF; PROVIDING FOR THE ASSESSMENT AND THE TIME, TERMS AND CONDITIONS OF PAYMENTS AND DEFAULTS OF SUCH ASSESSMENTS AND PRESCRIBING THE RATE OF INTEREST THEREON, PROVIDING FOR THE FIXING OF A LIEN TO SECURE THE PAYMENT OF SUCH ASSESSMENTS, ON STATE HIGHWAY 24, FROM THE NORTH BOUNDARY LINE OF EVERGREEN STREET, SOUTHERLY 5,900 FEET TO THE SOUTH CITY LIMIT LINE, AND DIRECTING THE CITY CLERK TO CAUSE A NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO BE FILED AMONG THE RECORDS OF THE COUNTY CLERK OF LAIRAR COUNTY, TEXAS. was presented. Upon discussion.19r. Barney Bray III appeared before the Council stating the need for sewer in the area and expressed his opinion that the . sewer should be constructed prior to the construction of the curb and gutter and widening of Highway 24 South. After discussion, the.motion was made by Councilman Francis, seconded by Councilman Burnett, to investigate the cost and feasibility of sewer for those businesses on the west side of Highway 24 South, south of Evergreen Street. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Fisher to table the Ordinance'- and lifter discussion Councilman Fisher withdrew his motion. A motion was made by Council man.Williams, seconded by Council man Fisher, for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. Mr. Joe f1cCollum, Director of Community Development, appeared before the Council requesting consideration of amending the City's Haster Plan to allow for the extension of Pine Mill goad from 30th Street N. E., west to 25th Street N. E. Resolution No,. .1976 amending the Plaster Plan to provide f& the extension of Pine 11ill Road west from 30th Street N. E., to 25th Street N. E. was presented. A motion was made by Councilman Burnett, seconded btu Councilman 'Williams for adoption of the Resolution: The motion carried 7 ayes, 0 nays. RESOLUTION NO. 1976 . WHEREAS, the City Council of the City of Paris heretofore adopted a Major Thoroughfare Plan; and, WHEREAS, such Major Thoroughfare Plan must be amended from time to time, in order to meet the needs of the City and pro- vide for its orderly development; and, WHEREAS, the connection of Pine Mill Road, from 30th Street, N. E. , West to 25th Street, N. E. , would better serve the area, and such Major Thoroughfare Plan should be amended to reflect the same; NOW, THEREFORE, r `Y (,+l LJ I ___._J l tk r H PLEJ t'" j r4e� '- i A FFI1 D X 1 7H 1 TH 1 651 z �- IA7H cow ri 0 �--' oQ' b TH. CI[. o - T KI � t7 71f.' �.� .. � N.E. ti A cT4 � 7M. i1. �' •L ~19TH ]Oaf n HE=1 r. 21ST ZZ 14M N.E. -1 S.E. '• sQi � � �- �' � ' ' � - tt r Z db UD S.E. Doo 2r TH. Lft kT Ej�f ISEI ` t 30TH. i► �� 3 o' ; . _ - . '. gyp- ♦ - � . ti ': "i .i: ' rDR 4 r 32nd N E S•S TH .E- - { %i'j�i ' �"• �� "} �. fit^ " "`' - _ ^,��7` .1. 35TH E. _ C VITH r;t � n ti 3 'CJ n, i lapis 1-. O 4 I 7. O oI IC: s' =l V Q z Q 3 IF M 65 A motion was made by Councilman Burnett, seconded by Councilman flalone to skip to Item 7 on the agenda concerning an FAA Grant Agreement. The motion carried 7 ayes, 0 nays. Resolution Flo. 1977 accepting the provisions of Amendment No. 3 to Grant Agree- meat for project No. 6- 48- 0169 -04, and authorizing the City Manager to execute the amendment in behalf of the City of Paris was presented. A motion was made by Councilman Kyle, seconded by Councilman Williams for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 1977 WHEREAS, the City Council of the City of Paris did hereto- fore in Resolution No. 1797 accept FAA Grant Offer, in the amount of $145,884,00, which became Project No. 6 -48- 0169 -04, which provided for Phase 2 of "Overlay and Mark Old Portion of Runway 17- 35(4500' x 150') "; and, WHEREAS, thereafter in Resolution No. 1835, Amendment No. 1_ to said Grant Agreement was accepted on the 14th day of November, 1977; and, WHEREAS, thereafter in Resolution No. 1890, Amendment No. 2 to said Grant Agreement was accepted on the 25th day of September, 1978; and, WHEREAS, it is'now recommended by the Department of Trans- portation, Federal Aviation Administration that Airport Develop- ment Aid Program Project No.,6- 48- 0169 -04 be amended so as to describe Phase 2 as consisting of the overlaying and marking of Runway 17- 35(6,000' x 150') , and the construction of. T- -hangar- taxiways, and it is deemed.to do-so would be ,.in the best interest of the citizens of the City of Paris; NOW, THEREFORE, UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION .WASHINGTON, D. C. 20590 Page l of 2 Pages Contract No. DOT FA 77 SW -8182 Cox Field Airport Parisi Texas AMENDMENT N.O. 3 TO GRANT AGREEMENT-FOR PROJECT NO. 6 -48- 0169 -04 WHEREAS, the Federal Aviation Administration. {hereinafter referred to as the "FAA ") has determined it to be'in the interest of the United States . -that the Grant Agreement between the FAA, acting for and on behalf of the . United States, and the City of Paris (hereinafter referred to as the "Sponsor"), accepted by said Sponsor on the 29th day of March-,.19.77, be amended as.hereinafter provided. NOW THEREFORE, WITNESSETH; That in consideration of the benefits to accrue to the parties hereto., the FAA on behalf of the United States, on the one part, and the Sponsor, on the other part, do hereby mutually agree that the work description of the said Grant Agreement is revised to read:as follows: Phase 2 of: "Overlay and mark Runway 17 -35 (6,0001 X 150') construct T- hangar taxiways. XN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of the 16th day of October, 1979. UNITED STATES OF AMERICA . FEDERAL AVIATION ADMINISTRATION. BY Title Ch� Programs Branch (SEAL) City of Paris By Title City Manager Attest Title City Clerk EXHIBIT A 653 J =+ Page 2 of 2 Pages CERTIFICATE OF SPONSOR'S ATTORNEY, submitted pursuant-to Section 16 (h) of the Airport and Airway Development Act of 1970, as amended. I, T. K. HA YNES acting as Attorney for the city of Paris (hereinafter referred to as "Sponsor ") do hereby certify: That I have examined the foregoing Amendment to Grant Agreement and the proceedings - taken by said Sponsor relating thereto, and find that the execution thereof by said Sponsor has been ditty authorized and is in all respects due and proper and in accordance with the laws of the State of Texas , and further that, in my opinion, said Amendment to Grant Agree-. ment constitutes a legal and binding obligation of the Sponsor in accordance.with the terms thereof,. Paris Texas 29nd October 79 Hated at ,this —Tay of x�3 Title City Attorney Mayor Malone announced that the Council would go into Executive Session and the regular session was declared closed. Discussion was had with the City Attorney on legal matters. Mayor flalone declared the Executive Session closed and the regular session opened. There being no further business the meeting adjourned. HUCil EL E. P L NE, " YOR ATTEST: H, r EEC°. CI CLERK 655 HINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL November 12, 1979 The regular meeting of the City Council of the City of Paris was held Monday, November 12, 1979 at 7:00 P. 11. Mayor Malone called the meeting to order with the following Councilmen present: George Fisher, Jr., Walter F. Williams, Billy Joe Burnett, W. C. Francis, James W. Farris, and Ronald Kyle. Also present were City Manager, Robert 114. Sokoll, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Prayer was offered by Rev. Eddie Johnson. Mayor Malone ask if there were any corrections to the minutes of previous meetings furnished to the Council members. There being none, the minutes were approved. Mayor Malone announced that the first order of business would be consideration of the recommendations made by the Planning and Zoning Commission., Mayor Malone declared the public hearing open on the petition of James Moore, Trustee, for a change in zoning on three tracts of land located in the proposed. Morningside Estates, Part Eleven, which public hearing was tabled at the September 10th meeting. Mayor Malone called for proponents to appear and Mr. Don Nilson appeared in behalf of himself, James Moore and Andrew Faskin. Mr. Wilson stated that he had amended his request to the Planning and Zoning Commission for a change to a one - family Dwelling District no. 2 on the entire tract of land.. Mayor Malone called for opponents to appear and Mr. Edgar Stone appeared questioning whether he would have an opportunity to review plats. Mr. Joe McCollum, Director of Community Development appeared before the Council stating that the preliminary plat had been approved and that the final plat would be presented to the City Council at a regular Council meeting for the Council's approval. Mayor Malone declared the public hearing closed and ORDINANCE NO. 2471 AN ORDINANCE AMENDING ZONING ORDINANCE 1130. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGIPIG THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A ONE- FAIMILY DWELLING DISTRICT NO. 2 (SF -2) ON A 20.155 ACRE TRACT OF LAND PRELIMINARILY PLATTED AS MORNINGSIDE ESTATES, PART 11, ON PROPERTY BELONGING TO JXIES MOORE, TRUSTEE, SO AS TO INCLUDE THEREIN TERRITORY FOILMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); AND DESIGN- ATING THE BOUNDARIES OF THE ONE- FA11ILY DWELLIRG DISTRICT NO. 2 (SF -2) SO ESTABLISHED. was presented. A motion was made by Councilman Kyle, seconded by Councilman Farris for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. 656 Mayor Ralonee declared the public hearing open on the petition of Elmer and Heil Whitaker for approval of a Site Plan on Lot 4, City Block 44, located on the Southeast corner of Graham Street and 7th Street N. W. which property is presently zoned Planned Development District. The Planning and Zoning Commission has recommended approval of the Site Plan subject to a drainage plan being submitted which is acceptable to the Director of Public Works. A motion was made by Councilman Fisher, seconded by Councilman Burnett to table the petition. The motion carried 7 ayes, 0 nays. City Attorney Haynes presented a petition from Lowry Carrington for re- zoning on part of Lots 2 & 3, City Block 248 -B from Office District to neighborhood Service and Specific Use, Antique Shop. Mayor Ralone referred the petition to the Planning and Zoning Commission for its study and recommendation called for a public hearing at the next regular council meetinq. Hayor Malone announced that the next order of business would be consideration of recommendations made by the Traffic Commission. :Mayor fiaione advised the Council that the Traffic Commission had recommended that "Ho Truck Traffic" signs be placed on South Church Street between East Hearne and Clarksville Street. Mrs. Caroline Kennemer, Chairman of Church Street Neighborhood Association appeared before the Council and spoke of speeding cars and commercial traffic causing the street to be unsafe and requested that four way stop signs be placed at the intersections of Church and Hashington Street, and Church and Sherman Street. Mrs. Gano Lightfoot, 508 Church Street, and Mr. Lyndol Brown spoke in behalf of the request made by Mrs. Kennemer. Asst. Chief, James Barnett advised the Council that the Traffic Commission was aware of the problem and has asked for a study which was presently being conducted. After discussion, mayor :Malone appointed a committee composed of Councilman Francis, Farris, and Kyle to meet with the Church Street neighborhood Associa- tion Committee along with the Traffic Commission committee composed of Tom Haygood, Nancy Swaim, and Harvey Cavender to study the situation. Mayor Malone invited the Council's attention to a recommendation by the Traffic Commission to remove the "No Parking Zone" in the 400 and 500 Block on the north side of East Austin Street. A motion was made by Councilman Fisher, seconded by Councilman Burnett authorizing the preparation of an Ordinance removing the "Ho Parking Zone" as recommended. The motion carried 7 ayes, 0 nays. Mayor Malone requested the Council's consideration of a previously authorized Ordinance approving the installation of "No Parking within 10 feet of Pavement" signs 500 feet on either side of driveway at Battle's Trading Post on Northwest Loop 286. .... -�... ,...._. n:< ��^ r..ro�,�....«�.�- �sr�a.«.p+•.�A� - �»�+�� _ a....��e .ems.: ,. ��.- _ x ,.�..c� ORDINANCE NO. 2472 AH ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINAI`ICES, CITY OF PARIS, PARIS, TEXAS, BE A!IENDED BY REVISING THE TRAFFIC NO PARKING MAP ADOPTED IN PARAGRAPH (c) OF SECTION 29 -112 OF SAID CODE; ESTABLISHING TWO (2) NO PARKING AREAS AS FOLLOWS: ON THE EAST AND 4IEST SIDES OF HIGHWAY 24 SOUTH, BEGINNIMG AT THE NORTH BOUNDARY LINE OF EVER - GREEN STREET, THENCE SOUTH 5,900. FEET TO THE SOUTH CITY LIMIT LINE, AND ON THE NORTH AND SOUTH SIDES OF LOOP 286 N. W., BEGIIflING AT CENTERLINE STATION NO. 112 +48, THENCE IN A NORTHWESTERLY DIRECTION 1,000. FEET TO CENTERLINE STATION NO. 122 +48; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF DECF34BER 1, 1969. 657 was presented. A motion was made by Councilman Fisher, seconded by Council- man Burnett for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. Mr. Paul Wood, 1518 Pine Bluff Street, appeared before the Council requesting the Council over turn the recommendation of the Traffic Commission who denied request of Four -Way Stop signs at Pine Bluff at 8th Street N. E. Mr. Phil Arnold and I.is. Gloria Risinger also appeared in behalf of the request. After discussion, a motion was made by Councilman Kyle, seconded by Councilman Burnett to table the request. The motion carried 6 ayes, 1 nay. Councilman Williams voting nay. !Mayor Malone presented fir. Charles Thompson with a plaque award for the Paris Noon Optimist Club for a Service Club Award from the Texas Recreation and Park Society. fir. Warren Leddick, Director of Parks & Recreations for the City of Paris was also commended for receiving a Fellow Award from the Texas Recreation & Parks Society. City Attorney Haynes requested the Council's consideration of an Ordinance repealing certain section of the Code of Ordinance concerning the Old Library Board. ORDINANCE NO. 2473 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING FOR THE REPEAL OF SECTIONS 17 -4, 17 -15, 17 -16, AND 17 -17 OF THE CODE OF ORDINANCE, CITY OF PARIS, PARIS, TEXAS, ACID DECLARING THE SAilE TO BE NULL AND VOID AND OF NO EFFECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF NOVO4BER 12, 1979. was presented. A motion was made by Councilman Burnett, seconded by Councilman Fisher for adoption of the Ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 1978 expanding the Library Board to nine members and appointing Jerry Stevens for a two year term ending June 30, 1981, and A. ii. Aikin, Jr. for a term of one year endiing June 30, 1980 was presented. A motion was made by Councilman Burnett, seconded by Councilman Fisher for adoption of the Resolution. The motion carried 7 ayes, 0 nays. _'.. �!',"'°'�'��l:.a+..a�.�:- ;m�da� •a�a�tz.�.%6�,�rz:x- -?e- � - °: o.�ai*a:°''e' s�?4.�r"3+ ,.�r��. a--� '���*i���"�R.ei�+��- 65U RESOLUTION NO. 1978 WHEREAS, the City Council of the City of Paris did in Resolution No. 1820 establish the Library Advisory Board, to consist of seven (7) resident citizens of the City of Paris; and, WHEREAS, it is deemed to be in the best interest of the City of Paris that such Board be expanded to nine (9) members, with one of the expansion members being appointed for one. year and one of the expansion members being appointed for tv; o years; and, WHEREAS, the Mayor of the City of Paris, Michael E. Malone, has appointed Jerry Stephens for a term of two (2) years and A. M. Aikin, Jr. for a term of one (1) year and has submitted the names of such persons to the City Council of the City of Paris for approval and confirmation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Library Advisory Board, be, and the same is hereby expanded to nine (9) members, with the• two expansion members being appointed, one for one (1) year and one for two (2) years; and thereafter said terms to be three (3) year terms; and, BE IT FURTHER RESOLVED, That the appointment of Jerry Stephens for a term of two (2.) years, ending June -30, 1981, and the appointment of A. M. Aikin, Jr. for a term of one (1) year, ending June 30, 1980, are by the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this 12th day of November, 1979. Michael E. Malone, Mayor ATTEST: ( i a l 'H. C. re,, ne, City Clerk APP OVED TO FORM: T. K. aynes, City Attorney _t = _ .rte_ —_ �_ - •-- ----�_ _ _ — _ - - '`��,ds� ..x = -= �'�� -•-•"- sue. �,:-� ._ � _ �� < ...""..- �.�_..�'°°` - '°°`b'°�s. £-- .....,„„,,.,,a„ �� Mayor Malone requested the Council's attention to the consideration of the Airport Board's recommendation to reset the open T- Hangar rental rate from $45.00 to $35.00 per month. Mr. Bill Clark appeared and spoke in favor of the request. After discussion, a motion was made by Councilman Williams, seconded by Councilman Fisher, accepting the Airport Board recommendation. The motion carried 7 ayes, 0 nays. Mayor Malone invited the Council's attention of the Airport Boards recommendation andof the Paris Area Aviation Councils request to tear down three old T- Hangers with proceeds to go to improvements in the Pilot's Lounge. A motion was made by Councilman Burnett, seconded by Councilman Farris approving the Airport Boards recommendation. The motion carried 7 ayes, 0 nays. Mr. Robert Hayter, Consulting Engineer for the Infiltration /Inflow Study appeared before the Council and recommended the passage of an amendment to Amendment Ho. 2 of Step 1 of the Sewer Plan. .11r. Hayter advised that the adoption of the amendment would expedite completion of Step Mo. 1 in the Infiltration /Inflow Plan. Resolution Rio. 1979 adopting Amendment no. 2 to the Infiltration /Inflow Plan was presented. A motion was made by Councilman Burnett, seconded by Council- man Williams for adoption of the Resolution. The motion carried 7 ayes, 0 nays. µ 659 t V (D RESOLUTION NO. 1979 WHEREAS, the City Council of the City of Paris did in Resolution No. 1675, passed on the 24th day of March, 1975, adopt a project schedule for the infiltration /inflow project which is in progress, with the aid of a federal grant pursuant to the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500-, and, WHEREAS, said project schedule was amended by Resolution No. 1956, passed on the 30th day of July, 1979; and, WHEREAS, it has become necessary that the project schedule heretofore adopted and amended in the above described resolutions be further amended in accordance with Exhibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City of Paris does hereby adopt Amendment No. 2 with Adjusted Sewerage Planning Budget, dated October 15, 1979, attached thereto, as the same appears in Exhibit A attached hereto. Passed and adopted this 12th day of November, 1979. Michael E. alone, Mayor ti r ATTEST- H, f, rd ne, City Clerk / , ; APP OVE A S TO FORM: T. K. Haynes, City Attorney 661 r AMENDriENT NO. 2 AMENDED PLAN OF STUDY C-48-1248 CITY OF PARIS, TEXAS Facility Plaice Conduct planning studies to deter aient nh mos to so io- ecwermical means of providing-wastewater tre collection /transportation �nclfdthe existinggsewerllineson /. inflows after rehabilitation o roved desi sewer li es.N planning services to the urban area in the app � on area of the City of Parccorda ce l local with40aCFR Part 35, Subpart E. said planning area in a The studies will include thvaluatedito co" iae�'with alternatives° rehabilitation will be re (1) Convey all wastewater. to zclu �� � �•� °�- �_- _ treatment plant. (2) Convey the Red River Drainage Basin. to the existing north side plant and the Sulphumentvpl Drainage Basin to a ne« south side Environmental Assessment Prepare a draft -Environmental Impact ances with tCG 99e (Revs_. P existing data. and documents in accordance 9-7 -78 }. Mold a local public hearing and provide a transcript h .the public of same.- Modify the ndasubmit to the regulatory agencies the hearing information a final E IA. • No baseline environmental inventory or, Environmental .impact Statement is propose Existin Waste Control Order re are and submit, the Owner's application for k;ngineer shall p . p amendment to its existing- State Waste. behalf, Order ional public1 an � g NPDES. He shall attend, on the Owner I be e He is not liable unopposed, hearing on the Waste ro This taslc is not grant--in- for the Waste Control Order aPP r ovnl 357.00. _ aid eligible. grant-in- Cost-estimate $2, New Waste Control Order are and submit the-owner's application for a Engineer shall prep and Federal NPDES(s). He shall new State Waste Control Order (s) attend, on the Owner's behalf, a regioaoabe forrtheirunopposed, on the Waste Control Order(s). He is approval. ` ilis task is not grant--iu -aid eligible. Cost estimate $3,357.00. . Page Iof3 EXHIBIT 'A .0 � � r•- .a ,a� R -�-' - was - >.s,- Y! --aFm. .w. a..Y -- a�..�.- - ,:,ae*,""'-- `�"'.�`; ^- � ".; _` . �- . �— 4-,,.- : T ----^- �;��.F _ •.., --sue ; r:r ...,g�..wc.yw.sxa�. .� - k k .3y_ _ — — a' '`,..z:... -..s •..,�Y� .*.Y �r[.. _ _ 662 Flood Plain Study Engineer shall rely on flood by the Department of Housing facility locations. Any and will be done as a part of thi Historical Clearance plain information as published and Urban Development for all .all detailed or field determination Step 2 work program. Engineer shall provide the applicable state regulatory agencies with copies of the facility plan for their review of its effect on the area ' s historical and archeological sites. - . In the event of a field review of the facility locations, Engineer shall not provide on -site personnel to assist the state representative in locating the construction areas. The - project's e.ffects_will be determined by the state officer. Collector Line Eligibility. Engineer shall analyze all sewer lines for grant-in-aid e.lzgi- bility according to PRN 78 -9 (3- 3 -78). He shall locate parties who do not have sewer service in the planning area by visual on site review and water usage records. An on site review with county health officer and City staff as to effectiveness of present disposal means, degree of property development, soil suitability based on SCS published data, and analysis'of effective -alternatives to adequately dispose of such wastewater, layout plan of collection system where warranted.and detail.cost esti- mates of recommended immediate improvements. Using the City's latest fiscal year cash flow and expenselrevenue records; Engi- neer shall project probable ranges of user charges necessary to operate and maintain the system -and service recommended and - existing capital debt. 'The projected user charges will be pre - sented-in conjunction with the joint.facility plan /environmental assessment public hearing. This task is grant -in -aid eligible. Cost estimate _$41,500.00. Industrial Pre- Treatment. Engineer shall conduct an industrial survey as required by 403.5 of the Pre - treatment Regulations including identification of applicable system users, the character and volume of pollu- tants discharged; type of industry and location. Engineer shall. rely fully on the data contained in the "Industrial Flow Moni- toring, Volume IV ", of the Paris I/I Survey. He shall monitor the flow of new. industries not included in said Volume IV. Work includes Section 305.907 (d) - (1) (2) (4) only. Industrial loading will be limited to BOD, TSS, pH, and discussions with industry on use of toxics. All regulations, ordinances, contracts, joint powers agreement, legal authority, adequacy of enabling legislation, and mechanism to be used for control and enforcement will be furnished by City's attorney at no cost to Engineer. Engineer shall furnish technical information necessary to support Page 2 of 3 66� development of an indicstri.al waste ordinance or other means of enforcing pre - treatment standards. This work is grant eligible. Cost estimate $25,375.00. The cost, not -to- exceed, for the above services, based on the 'Owner's Project Schedule of Completion (Attachment No. II); Step 1, and amended grant-in -aid award by October 15, 1979. Any line item may be exceeded provided the total Step 1 with amendments is not exceeded without renegotiation of said task /cost /time of- 'performance. Provisions of CG 306 are not applicable -. HAYTER ENGINEERING; INC. • TP,E _ CITY OF PARIS By Bye 8 0 Page 3 of 3 66 11AYTER ENGINEERING, INC. THE CITY OF PARIS By . i ATTACHMENT TO AMENDMENT NO. 2 PARIS STEP I ADJUSTED SEWERAGE PLANNING BUDGET C 48- 1248 -02 OCTOBER 15, 1979 Proposf ° Existing Bud ge r7- Ivor Item Grant. 'Budget 10/15/79 1 I/I Analysis E $ 71,900 $ 70,020 2 Administration. E 1,250 250 3 Contingencies E 6,250 0 4 I/I Survey E : 423,658 393,979 5 Industrial Flows E 30,246. 53,328 Environ. Assess. E °.12,300 .J.2,300 .6 Public Hearing - E 7 Exist. System Facility Plan.'- E 201800) 756,527 .New System ) - Facility Plan E 20,000) -8 Amend Exist. STP jde0 IE 0 2-357 9 New STP - WCO . IE 0 3,357 10 PRM 78 -9 E 0 41,800 11 Industrial Pre - Treatment (1,2,4) E 0 25,378 TOTAL $ 586,404 $.-659.,--6 Grant Eligible 586,404. 653, 2: EPA Grant 439,803 490, '6 Local Cost Share," est. 1643659 16921I0 TOTAL _: $ 604,462 $ 659,296 Estimated Construction 3.5 million 19 million: Attachment No. l sets forth-the amended budget line items on a cost, not to exceed, for Step 1 based on the Owner's Project Schedule of Completion dated July 30, 1979. Line items are adjusted to current conditions, however, any line item may be exceeded provided the total Step 1, with amendments is not exceeded without renegotiation of said task /cost /time -of performance. Provisions of CG 306 are not applicable. 11AYTER ENGINEERING, INC. THE CITY OF PARIS By . i i� Mr. Marvin Gibbs appeared before the Council in behalf of the Industrial Committee of the Chamber of Commerce and petitioned the City to create an Industrial Development Corporation. Mr. Gibbs stated that the purpose of the request was to allow industry to finance new projects with Industrial Revenue Bonds.. After discussion, a motion was made by Councilman Burnett, seconded by Councilman Williams authorizing the preparation of a Resolution to create the Industrial Development Corporation. The motion carried 7 ayes, 0 nays. Mr. Joe McCollum, Director of Comunity Development appeared before the Council and explained Mrs. Vivian Green's appeal of a decision of the Community Develop- ment Department for denial of a building permit on Lot .3, City Block 279, located on 17th Street H. E. for reason of conflict with the City's Master Plan for future extension of Hickory Street. No one was present to present the appeal. City Manager Sokoll presented a request from the Chamber of Commerce for renewal of the two year contract for maintaining Convention and Visitors Council associated with the Hotel -hotel Tax. After discussion, a motion was made by Councilman Burnett, seconded by Councilman Fisher, authorizing the preparation of the necessary documents for renewal of the contract. The motion carried 7 ayes, 0 nays. Mayor Malone called for receipt of tabulations of bids for fencing at Wise Field. City Manager Sokoll advised that no bids had been received. After discussion, a motion was made by Councilman Fisher, seconded by Councilman Williams to re- advertise for bids for fencing at Iodise Field. The motion carried 7 ayes, 0 nays. Mayor Malone called for the tabulation of bids for lighting and for the concession restroom building at Wise Field. City Manager Sokoll advised that only one bid had been received for each project and recommended that the bids be approved for the concession stand - restroom to 14. D. Misso-in the amount of $20,963.01 and the lighting project bid be awarded to Green's Electric, Inc.. in the amount of $21,186.00. Resolution r1o. 1980 awarding the bid for lighting the ball field at Wise Field to Green's of Paris, Inc. in the amount of $21,186.00 and awarding the bid to ►9isso Construction Company for construction of the restroom concession building at Wise Field in the amount of $20,963.00 and authorizing the r4ayor to execute a contract with the firms was presented. A motion was made by Councilman Fisher, seconded by Councilman Farris for adoption of the Resolution. The motion carried 7 ayes, 0 nays. 66 RESOLUTION NO. 1980 . I WHEREAS, the City Council of the City of Paris did at its special meeting on the 23rd day of July, 1979 approve the adver- tisement for bids for the furnishing and .installation of fencing and lighting of ballfield and the construction of a restroom - concession building at Wise Field, which bids were received until 10:00 o'clock A. M. , Wednesday, November 7, 1979; and, WHEREAS, the best bid for lighting of ballfield was made by Green's of Paris, Inc., Paris, Texas, and it should be awarded the contract for such lighting; and, WHEREAS, the best bid for the construction of a restroom - concession building was made by M. D. Misso, d/b /a Misso Construction Company, and he should be awarded the contract for such project; and, WHEREAS, the form of contract for such lighting of ballfield is attached hereto as Exhibit A*, and the form of contract for the construction of the restroom - concession building is attached hereto as Exhibit B; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the bid of Green's of Paris, Inc., for the lighting of ballfield at Wise Field, in the amount of $21,186.00, is hereby accepted and let, conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, That the bid of M. D. Misso, d/b /a Misso Construction Company, for the construction of the restroom -concession building at Wise Field, in the amount of $20, 968. 00, is hereby accepted and let, conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contracts for the above described work, upon the terms and conditions and in the form shown in Exhibit A attached hereto, with-Green's of Paris, Inc., and in the form shown in Exhibit B- attached hereto,. with M. D. Misso, d/b /a Misso Construction Company. Passed and adopted this 12th day of November, 1979. Michael Malone, Mayor ATTEST: A— AP H. C: G eene, City Clerk APP OVED TO FORM: T. K. ay es, City Attorney Mayor Malone called for receipt of bid for fencing of the maintenance yard on 6 6 _' Hickory Street and the following bids were presented: Arrow Fencing $9,901.00 Curry Alum Pro. $14,700.00 City Manager Sokoll advised that the bids were much in excess of budgeted funds and recommended the rejection of the bids. A motion was made by Councilman Farris, seconded by Councilman Fisher approving the recommendation of the City Manager. The motion carried 7 ayes, 0 nays. City Manager Sokoll presented a request of the Paris and Lamar County Senior Citizens Council for.renewal of a two year lease of property-located at 2000 W. Kaufman Street. Resolution No. 1981 authorizing the Mayor to execute a lease with the Senior Citizens Council of Paris and Lamar County Texas Inc. was presented. A motion was made by Councilman Fisher, seconded by Councilman Burnett for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO,-1981 WHEREAS, the City Council of the City of Paris, in cooperating with and supporting the Senior Citizens Council of Paris and Lamar County, Texas, Inc,, did heretofore in Resolution No. 1832 authorize the leasing of grounds and a building thereon, fronting on the North Side of West Kaufman Street, being a part of Lot 4, City Block 205; and, WHEREAS, said lease will expire on the 30th day of November, 1979,-and said Council has requested that the same be re-leased-for an additional term of two(2)years, upon the same terms and conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, a lease with the Senior Citizens. Council of Paris and Lamar County, Texas,.Inc., upon the terms and conditions and in the form attached hereto as Exhibit A. Passed.and adopted this 12th day of November, 1979. gt W1-410 Mic ae a one, Mayor l ATTEST: { H. C. Gr ene, City C lerk APP OVED AS FORM: T. K, aynes, City Attorney ... -. _. ............................... 6 vt� STATE OF TEXAS X COUNTY OF LAMAR X LEASE-AGREEMENT LEASE- AGREEMENT between the CITY OF PARIS, a municipal corporation acting by and through its Mayor duly authorized, hereinafter referred to as Lessor, and SENIOR CITIZENS COUNCIL OF PARIS AND LAMAR- COUNTY, TEXAS, INC,, Paris, Texas, acting by -and through its President duly authorized, hereinafter re- ferred to as Lessee, WITNESSETH: For and in consideration of the payment to -the CITY OF PARIS, a municipal corporation, the sum of ONE AND N01100 DOLLARS and other good and valuable consideration the CITY OF PARIS does hereby lease, rent and let unto the SENIOR CITIZENS.COUNCIL OF PARIS AND LAMAR.COUNTY, TEXAS,.INC, the property described on Exhibit.-A attached hereto and made a part hereof for all legal purposes. The.term of this lease is for two(2)years,-beginning on the 1st day of December,-. 1979 and ending on the 30th day of November, 1981. IN- CONSIDERATION HEREOF, -it is mutually agreed by and between Lessor and Lessee: 1. That Lessee will be responsible for the maintenance,' repair and upkeep of the said premises, ordinary wear and tear excepted. 2. Lessee agrees to indemnify, save, keep and hold harm- less Lessor from and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and character whatsoever for damage or injuries to persons and /or property occurring on the leased premises resulting from Lessee's, its members, invitees, agents, servants or employees' use, and Lessor shall not be liable to Lessee, its members, - - - -- ••• invitees, agents, servants, employees, licensees or visitors due to the building. or any..other condition of the premises being improperly constructed, maintained or being or becoming out of repair, Lessee hereby waiving any defects therein and agreeing to hold and save Lessor harmless from all claims for any such damages or injuries, and Lessee must at all tames during the term of this agreement,.arid any extensions thereof, keep and maintain -in full force and effect a .po.licy or policies of insurance, providing'at least.$10031000.00 per person and $300,000.00 for any single occurrence -for bodily inj ury.or" death and $10,000.00 for.any.single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages.sustained in or.upon.the premises of said leased property,.or any-part thereof, as the result of the negligence bf- Lessee,-its - members,. invitees, agents, servants or employees;'and shall .p ay all pre- miums due thereon when due. It.is expressly provided that such insurance policy or policies shall and must�be written and issued by a reputable insurance company or companies,' subject to approval by the City Attorney of the City of Paris, 'and Lessee or.its insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City.of Paris, or furnish to said City.Clerk a current letter or certificate from such company - or companies, evidencing the.fact - that such insurance is in full force and effect at all times during this lease and any extension thereof . 3. That Lessee will not sublet the rented premises, or any part thereof, without the consent in writing of Lessor first had and obtained,.provided, however, that such consent may be given by the City Manager in the event such subletting shall not exceed one week. 4. That no new structures, repairs, improvements or changes in locations or. otherwise will be made to any buildings, structures ` � �+..... �« .�....y„,�s,•P,�.,..�•"5�:"y� -" -"may, °.,,. --- r „ � ^ -x�'- "'" ��* �.,,," °� �^`ay.^'^�� - s��i °ax.T_ '6ii fences or other things located thereon without the prior written approval of Lessor. - 5. That Lessor shall have the right and privilege of using any portion of said property so- leased for functions sponsored by the City of Paris, or any department thereof., which function has been approved by the City Council of-the City of Paris, which use shall be conducted on anon- interfering basis with the Senior Citizens. Council of Paris and Lamar County, Texas, Ine.ts program. 6, That Lessor shall'have.the right and.privi.lege at its. .option to terminate this lease for necessary municipal functions so declared..by the City Council of the City of.Paris, and upon the giving of- ninety (90) -days written notice by Lessor, Lessee will vacate such portion.to be so utilized. -7. Should.Lessee default in or fail or refuse to keep any of.the covenants, conditions, stipulations and. /or..provisions here - in contained, notice thereof shall be given to.Lessee by Lessor, and. in the event such default, failure or refusal has not been corrected or performed .within sixty 00) such notice,.theri this lease contract may option, and it shall be lawful for Lessor prefidses and remove all persons, property .all and every claim for ' damages -for or'by being expressly waived. days from the date of be terminated at Lessor's to re -enter -the leased and effects therefrom, reason of-said re -entry 8. .All notices provided for herein must -be made by regis- tered or certified mail, return receipt requested, WITNESS our hands this 12th day of November, 1979, CITY.OF PARIS By. Michael E, Malone, Mayor- ATTEST: H. C, Greene, City Clerk LESSOR ,. 67.E 4 7 672 STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this. day personally appeared MICHAEL E. MALONE, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledgedeto me ttherein r' executed the same for the-purposes and co expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of November, 1979. Not Pu ic, Lamar County, Texas STATE OF TEXAS X COUNTY OF LAMAR BEFORE ME, the undersigned authority; on this day personally appeared NANCY JESSEE; President of the Senior Citizens Council-of Paris and Lamar County, Texas, known to me to be the person whose name is subscribed to the foregoing i.nstrument,'and.acknowledged to me that he executed I.. the same for the purposes and consideration therein expressed, and in the capacity therein stated. -GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of November, -1979. Notary Pu lic, Lamar County, Texas 673 ST •-<. - 777 r�'!� '' 3 � ^.� `� - � / •f � rw..•.w.rr.....•w.i O` 55 i loo 57 '?5 .2�Q w ?U` -J 410 B LOCK 205. tol 10 1 to 1aReA tamer t_ P►S: ?_13' g 23ti' - • 75 J8.7 t 58 6 121 6 .7 a s q in 13 LOCH: 0• 206 � 0 5 5 - / /�% Lz EX" I E5 IT A� ar-RE NT S�t�1QR �i` 17 -t-N5 City Attorney FIaynes advised the Council of the need for condemnation of drainage right -of -way easements for Pine Hill Village area. Resolution fro. 1%_ 2 authorizing and directing the City Attorney to proceed to condemn certain property in the Pine Hill Village area was presented. A motion was made by Councilman Fisher, seconded by Councilman Burnett for adoption of the Resolution. Prior to the question, Mr. Chester Martindale appeared before the Council stating that he represented four families in the area affected and stated that he felt that proper clearing of the ditch would relieve drainage problems. 'Mr. Richard Babbs, Consulting,- Engineer for the drainage project appeared before the Council and explained the project, f1r. and .ir. Gary Patterson appeared before the Council to discuss the project. After considerable -discussion, the Mayor called for a vote on the Resolution which carried 7 ayes, ztay= s - - {i 3--v „,sa- ast^r'S".;.v+�- .,�"'.o •- ,•mow.. 7, 'e°.a' .2^.'- z,'ir "r"- �"'_'. -^•- -" r "c`ea'.3 �.'v°R. -.,t. - .x 674 RESOLUTION NO, 1982 , WHEREAS, the City Council of the City of Paris has undertaken a project of construction entitled PHASE_ I, 34th N. E. STREET DRAINAGE PROJECT in accordance with plans and specifications prepared by Richard Babb, P.E. ; arid, WHEREAS, the easement descriptions necessary for the completion of said drainage project are shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council finds that the above described drainage easements are necessary for said improvement project and that the same should be condemned; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Attorney, T, K. Haynes, be, and he is hereby authorized and directed to proceed to condemn the above described property to be used for Phase I, 34th.-N, E. Street Drainage Project, Passed and adopted this 12th day of November, 1979, ATTEST: H. C, Gret�nc- City Clerk APPROVED AS TO FORM: T. K, Haynes, City Attorney max. �p 1xc i ee alone, Mayor I �J 67 PARCEL #16 Situated within the corporate limits of the City of Paris, Lamar County, Texas, a part of the Joseph Leach Survey, and being a part of Lot 6, Block E, of the Pine Mill Village Addition No. II,.which was described in deed from Clyde Parham to Jack V. Wooldridge and wife, Doris Wooldridge, recorded Book 529, Page 505, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a point in the North Boundary Line of said lot; said point being South 89 Deg.-54 Min. West 10.7 .feet from.` the Northeast corner of said lot; said point also being in the., South Boundary Line of Robin Road; THENCE South 89 Deg. 54 Min. West with said South Right- - of --way line 20.4 feet to a point; THENCE South 20 Deg. 36 hin..Ea:st 133.5 feet to the South Boundary Line of said lot; THENCE North 89 Deg. 54 Min. East 21.4 feet to a point; THENCE North 20 Deg. 36 Min. West 133.5 feet to the place of beginning, containing 2,670 Sq. Ft. of land, more or less, and is owned by Jack V. Wooldridge and wife, Doris Wooldridge of Lamar County, Texas. PARCEL #22 Situated within the corporate limits of the City of.Paris, .Lamar County, Texas, a part -of the Joseph Leach Survey, and being a part of Lot 12, Block E, Pine Mill Village, which was described in deed from Pete Parham, Inc., a Texas corporation, to Kenneth Murphy and wife, Joe Ella Murphy, recorded Book 579, Page 249, Deed Records, Lamar County,-Texas, and being more particularly .described as follows: BEGINNING at the Northwest corner of said lot; THENCE South 89 Deg. 37 Min. East 17.4 feet with said lot's North Boundary Line to a point; THENCE South 30 Deg. 11 Min. East 138.5 feet to a point in said lot's South Boundary Line and in the North Boundary Line of Pine Bluff Street; THENCE North 89 Deg. 19 Min. West 17.4 feet to the Southwest corner of said lot; THENCE North 30 Deg. 11.Min. West 138.5 feet to the place of beginning, containing 2,085 Sq. Ft. of land, more.or less, and is owned by Kenneth Murphy and wife, Joe Ella Murphy of Lamar County, Texas. EXHIBIT A x '' ; $� ._ a... .wy¢- +r.. �-` r. a�,z+r„,,, .„„.,,�uw,...ae ,a•- ,r1. ,,,,, t s 676 PARCEL #17 Situated within the corporate limits of the City of Paris, Lamar County, Texas, a part of the Joseph Leach Survey, and being a part of Lot 11, Block B of the Town East Estates Addition, which was described in deed from The Equitable Life Assurance Society of the United States,.a corporation, to Chester E. Martindale and wife, Joan R. Martindale, dated June 7, 1979, recorded Book 614, Page 688, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a point in the North Boundary Line of said lot; said point.-being South 89 Deg 54 Min. West .10:.6 feet from the Northeast corner of said lot; THENCE South 89 Deg. 54 Min. West with said North Boundary Line 11.8 feet to a point; THENCE South 22 Deg. 11 Min. East 75 feet to the South Boundary Line of said lot; THENCE North 89 Deg. 54 Min. East 11.8 feet to a point; THENCE North 22 Deg. 11 Min. West 75 feet to -the place of beginning, containing.825 Sq. Ft. of land, more or lessr and is owned by Chester E. Martindale and wife, Joan R. Martindale of Lamar County, Texas. PARCEL #11 Situated within the corporate limits of.the City of Paris, Lamar County, Texas, a part of the Joseph Leach. Survey,. and being a part of Lot 10, Block E, Pine Mill Village,-which was described in deed from John T. Miller and wife, Brenda J. Miller, to John Woodard and wife, Barbara Woodard, recorded Book 591, Page 158, Deed Records, Lamar County, Texas, and being more parti- cularly described as follows: BEGINNING at the Northeast corner of said lot; THENCE South 73 Deg. 47 Min. West with said North Boundary Line.15.5 feet:to a point; THENCE South 30 Deg. 11 Min. East 88 feet to the.South Boundary Line of said lot, the same being in the North Boundary Line of Pine Bluff Street; THENCE South 89 Deg. 19 Min. East 17.8 feet with said South Boundary Line to the Southeast corner of said lot; THENCE North 30 Deg. 11 Min. West with said lot's East Boundary Line 95 feet to the place of beginning, containing 1,402.5 Sq. Ft. of land, more or less, and is owned by John Woodard and wife, Barbara Woodard of Lamar County, Texas. Vn_, 677 PARCEL #14 Situated within the corporate limits of the City of Paris, Lamar County, Texas, a part of the Joseph Leach Survey, and being a part of Lot 8, Block D of the Pine Mill Village Addition, Part I, which was described in deed from Herman Parham, Jr. and wife, Jo Parham to Ruth Barnes Smith, a feme sole, dated December 1, 1975, recorded Book 574, Page 285, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a-point in the North Boundary Line of said lot; said point being South 69 Deg. 24 Min.West 10 feet from the Northeast corner of said lot; THENCE South 69 Deg. 24 Min. West with'said lot's North Boundary Line 20 feet.to a.point; THENCE South 20 Deg. 36 Min. East 73 feet to a point in said lot's South Boundary Line; THENCE North 69 Deg. 24 Min. East with said lot's South Boundary Line to a point, said point is South 69 Deg. 24 Min.. infest from the Southeast corner of said lot; THENCE North 20 Deg. 36 Min. West 73 feet to the place of beginning containing 1,460 Sq. Ft. of land, more or less, and is owned by Ruth Barnes Smith of Lamar County, Texas. PARCEL #13 Situated within the corporate limits of the City of Paris, Lamar County, Texas, a part of the Joseph Leach Survey, and being, a part of Lot 9, Block D, of the Pine Mill-Village Addition, which was described in deed from Clyde Parham to Herman. Parham, Jr. 'and wife, Jo Parham, recorded in Book 542, Page 660, Deed Records, Lamar County, Texas,.and being more particularly described as follows: BEGINNING at the Northeast corner of said lot; THENCE South 69 Deg. 24 Min. West 18.5 feet with said lot's North Boundary Line to a point; THENCE South 20 Deg.'36 Min. East 72.3 feet to a point in said lot's South Boundary Line; THENCE North 69 Deg. 24 Min. East 18.5 feet to the South- east corner of said lot; THENCE North 20 Deg. 36 Min. West 72.3 feet to the place of beginning containing 4338 Sq. Ft_ of land, more or less, and is owned by Herman Parham, Jr. and wife, Jo Parham of Lamar County, Texas. 67 U PARCEL #12 Situated within the corporate limits of the City of PariL, Lamar County, Texas, a part of the Joseph Leach Survey, and being a part of Lot 10, Block D, Pine Mill Village, which was described in deed from Melvin Bill White and wife, Christine White to Paul H. Derrick and wife, Costanza Montanari Derrick, recorded Book 613, Page 752, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at the Northeast corner of said lot and being in the South Boundary Line of Pine Bluff Street; THENCE North 89 Deg. 19 Min..West with the North Boundary Line of said lot 19.8 feet to a point; THENCE South 20 Deg. 36 Min. East 72.2 feet to the.South Boundary Line'of said lot; THENCE North 69 Deg.. 24 Min. East 18.5 feet with said South Boundary Line to the Southeast corner of said lot; THENCE North 20 Deg. 36 Min. West with the East Boundary Line of said lot 65 feet to the place of beginning,_containing 1,128.25.Sq. Ft. of land, more or less, and is owned by Paul H. Derrick and wife, Costanza Montanari Derrick of Lamar County, Texas. PARCEL #18 - Situated within the corporate limits of the City of- Paris, Lamar County, Texas, a part of the Joseph Leach Survey, and being a part of Lot 10, Block B of the Town East Estates Addition, which-was described in deed from Glen Nash and wife, Sandy Nash to A.-Anthony Athas and wife-, Frieda Athas, dated July 13, 1976, recorded Book 581, Page..291, Deed Records, Lamar County, Texas,- and being more particularly described as follows: BEGINNING at a point in the North Boundary Line of said lot; said point being South 89 Deg. 54 Min. West 10.6 feet from the Northeast corner of said lot; THENCE South 89 Deg. 54 Min. West with said lot's North Boundary Line 11.8 feet to a point; THENCE South 22 Deg. 11 Min. East 149 feet to a point in the South Boundary Line of said lot; THENCE South 63 Deg. 31 Min. East 16.7 feet with said South Boundary Line to a point; THENCE North 22 Deg. 11 Min. West 157 feet to the place of beginning, containing 2,235.75 Sq. Ft. of land, more or less, and is owned by A. Anthony Athas and wife, Frieda Athas of Lamar County, Texas. 679 PARCEL #19 Situated within the corporate limits of the City of Paris, Lamar County, Texas, a -part of the Joseph Leach Survey, and being a part of Lot 9, Block B, of the Town East Estates Addition, which was described in deed from Tommy Simmons and wife, Betty Simmons to Robert W. Sokoll and wife, Susan Perkins Sokoll, dated June 8., 1978, recorded Book 603, Page 353, Deed Records, Lamar County, Texas, and being.more particularly described as follows: BEGINNING at a point in the North Boundary Line of said . lot, said point being North 63 Deg. 31 Min. West 15.1 feet from- the Fast corner of said lot; THENCE North 63 Deg. 31 Min. West with said North Boundary Line 16.7 feet to a point; THENCE South 22 Deg. 11 Min. East 15 feet to the South Boundary Line of said lot; THENCE North 89 Deg..54 Min. East with said South Boundary Line 12 feet to a point; THENCE North 22 Deg. 11 Min. West 7 feet to the place of beginning, containing 121 Sq. Ft, of land, more or less, and is owned by Robert W. Sokoll and wife, Susan Perkins Sokoll of Lamar- County, Texas. PARCEL #15. Situated.within the corporate limits of the City of Paris, Lamar County, Texas, a part of the Joseph Leach Survey, and being a part of Lot 7, Block D, of Pine Mill Village, Part II, which was described in deed from Clyde Parham and Son, a partnership, to No A. Seeliger and wife, Lois H. Seeliger, recorded in Book 463, Page 384, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a point in the North Boundary Line of said :lot; said point being 10 feet South 69 Deg. 24 Min. West from the Northeast corner of said lot; THENCE South 69 Deg. 24 Min. West' with said lot's-North Boundary Line 20, feet- '.to -'-a point; THENCE South 20 Deg. 36 Min. East 115.3 feet in the said .lot's South Boundary Line, the same being in the North right --of- way line of Robin Road; THENCE North 89 Deg. 54 Min. East with said right --of --way line 21.4 feet to a point; said point being 10.7 feet South 89 Deg. 54 Min. West of said lot's Southeast corner; THENCE North 20 Deg. 36 Min. West 122.9 feet to the place of beginning containing 3,365 Sq. Ft. of land, more or less, .and is owned by Norman A. Seeliger and wife, Lois H. Seeliger of Lamar County, Texas. Mr. Richard Babb again anpeared.before the Council and presented plans and specifications for Phase 'I of the Pine Hill Village Drainage Project. A motion was made by Councilman Burnett, seconded by Councilman Fisher to approve the plans and specifications and authorize the advertisment of bids for the project. The motion carried 7 ayes, 9 nays. In response to a request made by the Council and as requested by property owners on State Highway 24 South of Evergreen Street, City Manager Sokoll presented an estimated cost for sewer extension to the area in the amount of $32,940.62 and stated that the pro rata cost to the property owners would be $14.71 per front foot. 6 S City Manager Sokoll requested authorization to advertise for bids for approximately 5,300 feet of 6" P.V.C. water pipe. A motion was made by Councilman Fisher, seconded by Councilman Burnett approving the request of the City.Manager. The motion carried 7 ayes, 0 nays. City Manager Sokoll requested authorization to advertise for bids for one pickup truck for the Traffic Department. A motion was made by Councilman Farris, seconded by Councilman Burnett approving the request of the Planager. The motion carried 7 ayes, 0 nays. Ciyt Manager Sokoll requested the approval of the Council of Shimek, Jacobs u Finklea's Report on dater Supply Treatment, and Distribution system dated Harch 1979. Director of Public Works, Gunn appeared before the Council stating that the approval was needed as a guide to future hater improvements. After discussion, a motion was made by Councilman Fisher, seconded by Councilman Farris for approval of of the report. The motion failed three ayes, 4 anys. Councilman Francis, Council- man Hilliams, Councilman Burnett, and Councilman Malone voting nay. Mayor Nalone invited the Council's attention to a Resolution previously authorized amending the contract with the Housing Authority to allow Lamar County to participate in the distribution of housing payments made in lieu of taxes. Resolution No. 1933 authorizing and directing the Mayor to execute an addendum Mo. 1 to the corporation agreement between the Housinq Authority of the City of Paris, and the City of Paris was presented. A motion was-made-by Councilman Burnett, seconded by Councilman Williams for adoption of the Resolution. The notion carried 7 ayes, 0 nays. ADDENDUM NO. 1 TO COOPERATION AGREEMENT DATED MARCH 7, 1950, BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PARIS, TEXAS AND THE CITY OF PARIS This addendum to Cooperation Agreement, made this 12th day of November, 1979, by and between the HOUSING AUTHORITY OF THE CITY OF PARIS, TEXAS, acting by and through its Chairman, F. L McClanahan, duly au- thorized, and the CITY OF PARIS, acting by and through its Mayor, Michael E. Malone, duly authorized, WITNESSETH: It is hereby mutually agreed by and between Local Authority and City that Paragraph 3 shall be changed to read as follows: it 3. Under the constitution and statutes of Texas, all Projects are exempt from all real and personal property taxes and special assessments levied or .im- posed by any Taxing Body; and, with respect to any Project, so long as either (a) such Project is used for low -rent housing purposes, or (b) any contract between the Local Authority and the PHA for loans or annual contributions, or both, in connection with such Project shall remain in force and effect, or EXHIBIT A 6S'' (c) any bonds issued in connection with such Project shall remain outstanding, whichever period is the - longest, the City agrees that it will not levy or im- pose any real or personal property taxes or special assessments upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority shall make annual pay- ments (herein called "Payments in Lieu of Taxes ") in lieu of such taxes and special assessments and in payment for public services and facilities fur- nished for or with respect to such Project. Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project, and shall be in an amount equal -� to either (a) ten per cent (10%) of the aggregate Shelter Rent charged by the Local Authority in respect to such Project during such fiscal year, or (b) the amount permitted to be paid by applicable state law in effect on the date such payment is made, whichever amount is the lower; provided, however, that upon failure of the Local Authority to make any such Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach. 683 The City shall distribute the Payments in Lieu of Taxes to the following Taxing Bodies, to-wit: The City of Paris, Paris, Texas, the Parts Independent School District, the Paris junior College District and the County of Lamar, and in the pro- portion to which the real property taxes which would have been paid to each Taxing Body for such year if the Project were not exempt from taxation bears to the total real property taxes which would have been paid to the above Taxing Bodies for such year If the Project were not exempt from taxation; provided, however, that no payment for any year shall be made to any Taxing Body (including the City) in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Project were not exempt from taxation." CITY OF PARIS By: M—tchai-el E. Malone, Mayor ATTEST: H. Q �3�reeve, City Clerk f. v >r APPROVED AS TO FORM: Haynes, City Attorney HOUSING AUTHORITY OF THE CITY OF PARIS, TEXAS By: F. L McClanahan, Chatrman ATTEST: Kathryn C. Condray, cretary RESOLUTION NO. 1983 WHEREAS, the City Council of the City of Paris deems it to be in the best interest of the citizens of Paris that the Cooperation Agreement heretofore entered into between the Housing Authority of the City of Paris, Texas and the City of Paris be amended by adding thereto Addendum No. 1; and, WHEREAS, the form of Addendum No. 1, attached hereto as Exhibit A, is in all things approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute Addendum No. 1 to the Cooperation Agreement between the Housing Authority of the City of Paris, Texas and the City of Paris, dated March 7, 1950. Passed and adopted this 12th day of November, 1979. Michael E. Malone, Mayor ATTEST: �- H. Gr ene, City Clerk APPRO D AS FORM: T. K. Haynes, Citf Attorney y_ _ - M,.,� -. .�.�.�c,T S :r+ .'•'". °_'f?- ^ #nx"i al e'�-y+..sile`,' �'C we ~-rY ?.{` yk"'s_��'°"`'� -: �' '�,P" ^`.�,..- c 2c'1 ., .. �:�A... n.RC^.'°:.. ar.• - ��",. Side` dMM.S SSsi� - °?...t Svc.. y_ _ - M,.,� -. .�.�.�c,T S :r+ .'•'". °_'f?- ^ #nx"i al e'�-y+..sile`,' �'C we ~-rY ?.{` yk"'s_��'°"`'� -: �' '�,P" ^`.�,..- c 2c'1 ., .. �:�A... n.RC^.'°:.. ar.• - ��",. Side` dMM.S SSsi� - °?...t Resolution No. 1984 appointing Colonel James E. lynch, Jr, as City Co- ordinator under the Emergency Operation Plans of the City of Paris was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 1984 WHEREAS, the City Council of the City of Paris, at the request of the City Manager of the City of Paris, has reviewed the duties of the City Coordinator under the Emergency Operations Plan of the City of Paris and Lamar County; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the duties of the City Coordinator as de- scribed in Paragraph V.A.3.be assigned to an interested, capable citizen; and, WHEREAS, the Mayor of the City of Paris, Michael E. Malone., recommends the appointment of Col. James E. Lynch, Jr. as the City Coordinator for the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS., That Col. James E. Lynch, Jr., be, and he is hereby appointed as.the City Coordinator until such.time as his successor is appointed; and, BE IT FURTHER RESOLVED, That the duties of the City Co- ordinator under the Emergency Operations Plan for the City of Paris and Lamar County be fixed as those included in Paragraph V.,A.3.of said Emergency Operations Plan. Passed and adopted this 12th day of November, 1979. F "Mayor :Malone called for the reading of an Ordinance establishing the Emergency Pledical Services Reserves. ORDINANCE NO. 2474 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE MENDED BY ADDIMG SECTIONS 2 -52 THROUGH 2 -66 TO ARTICLE IV OF CHAPTER 2, PROVIDINr FOR THE ESTABLISHMENT OF THE E'IERGENCY rIEDICAL SERVICE RESERVE UNIT AND PROVIDING FOR AN EFFECTIVE DATE OF NOVE`9BER 12, 1979. was, presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Ordinance. The motion carried 7 ayes, 0 nays, Asst. City Manager, Greene presented an operational report for the months of September and October for the Emergency Medical Service. - Mayor Malone requested the Council to pass the next item of business concerning the casting of 1,059 votes for a candidate for the Board -of Directors for the Lamar County Tax.Appraisal District. A motion was made by Councilman Burnett, seconded by Councilman Williams to pass.the item at this time. The motion carried 7 ayes, 0 nays. City Manager Sokoll requested the Council to appoint a committee to study the Water and Sewer rates. Mayor Malone appointed a committee composed of Councilmen Williams, Franets, and Farris to make a study with the staff. Resolution No. 1985 authorizing and directing the Mayor to execute on behalf of the City of Paris the agreement with the State Department of Highways and Public Transportation under which the said department will survey, inspect, appraise and inventory bridges on public roads and streets of the City of Paris at no cost to the City was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Resolution. The motion carried 7 ayes, 0 nays. . r 68_/' 8J / ' ��'ft RESOLUTION NO. 1985 WHEREAS, the City Council of the City of Paris is desirous of maintaining its public roads and streets in a safe condition; and, WHEREAS, the State Department of Highways and Public Transportation is offering to survey, inspect, appraise and inventory bridges on the public roads and streets of the City of Paris; and, WHEREAS, it would be in the best interest of the citizens of Paris that the City of Paris avail itself of this service by entering into an agreement with the State Department of Highways and Public Transportation, in the form of Exhibit "A" attached hereto, which provides for no cost to the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the.City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the agreement with the State Department of Highways and Public Transportation under which the said Department will survey, inspect, appraise and inventory bridges on the public roads and streets of the City of Paris at no cost to the City of Paris, in the form of Exhibit "A" attached hereto. Passed and adopted this 12th day of November. 1979. i ATTEST: ' H. " C! gene ; City Cler APPROVED AS TO FORM: T. K. Haynes, City Attorney Michael. Malone, Mayor _ CONTRACT TO SURVEY, INSPECT, APPRAISE AND INVENTORY BRIDGES ON PUBLIC ROADS AND STREETS IN THE CITY OF PARIS, PARIS, -TEXAS STATE OF TEXAS COUNTY OF LAMAR I X THIS CONTRACT, made and entered into this 12th day of November, 1979,'by and between the CITY OF PARIS, Paris, Texas, a body politic, acting by and through its Mayor, duly authorized, hereinafter called City; and the STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION,' hereinafter called Department .hereby contract and agree as follows; 1.. City hereby grants permission to Department or its contracted Consultant, to perform on -site surveys and inspections of bridges under its jurisdiction for the purpose of developing: inventory and appraisal information and data, and further agrees to.furnish available information and data concerning such bridges, to the Department, 2. All of the above described information and data shall be the property of the Department. However, such information and data will be provided to the City upon request: 3. Nothing herein is intended to change, the respective re-- sponsibi�ities under the laws of this State of the parties hereto. It is expressly understood that the Department's responsibility shall be limited to the reasonably prompt conveyance of information and data described in 2 above to the City. Responsibility for deciding upon the imposition of load restriction, closure, repair or other such action, shall remain that of the City. 4. That this contract and agreement shall in all things conform. to Title 23, United States Code as amended by the Surface Transportation Act. of 1978, •x EXHIBIT ial t t 3 �3r 4 till M� +,+ _ „r. ,ar yv,rc� ..-mo �� y .+,- s- ..,...w— �',yaEl�. ! a'�" �:"' -rte- a s�`;•.",�`"T'� , d :�R�r�z '— ll°.c:.•:•e,nZ �.�'•'�,ic. y,;a.�ae�mAy>.•,�_ .,,.,..'+•s. s-. :.k�C'�4.�'"c , -sx•.v '" -�C�B Director of Public Works Darrell Gunn presented some proposals for improve- i ment on the S. E. 17th Street drainage project. After discussion, a motion was made by Councilman Farris, seconded by Councilman Burnett to approve the project and authorize the preparation of plans. The motion carried 7 ayes, 0 nays. Mayor Malone announced that the Council would go into executive session and the regular session was declared closed. City Attorney Haynes discussed claims against the City with the Council. P1ayor Malone declared the executive session closed and the regular session open. mayor Malone announced that.the next order of business would be the item previously passed concerning votes for candidate for the Board of Directors for the Lamar County Tax Appraisal District, and called for the reading of a Resolution concerning the item. Resolution Pao. 1956 authorizing the casting of 1,059 votes for ti. T. (Bill) Murphy for the Board of Directors of the Lamar County Tax Appraisal District was presented. A motion was made by Councilman Burnett, seconded by Councilman Kyle for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO,` 1986 WHEREAS, the City Council of the City of Paris has heretofore determined that it is in the best interest of the citizens of the City of Paris to establish an Appraisal District for Lamar County and that Appraisal District be governed by five (5) Directors, who would represent all of the citizens of Lamar County; and, WHEREAS, it is deemed to be in the best interest of r-- the citizens of Paris that the City of Paris cast its votes for said Director for W. T. (Bill) Murphy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the 1,059 votes, which.the City of Paris is en- titled to cast for persons nominated for the Board of Directors of the Appraisal District for Lamar County, are hereby voted for W. T. (Bill) Murphy. BE IT FURTHER RESOLVED, That.the City Clerk, H. C. Greene, be, and he is hereby directed to deliver a certified copy of this Resolution and Ballot No. 5, which is attached hereto as Exhibit "A" marked with 1,059.votes for W. T. (Bill) Murphy, to the County Clerk on the 14th day of November, 1979. Passed and adopted this 12th.day of November, 1979. Michae E. Malone, Mayor �__ .._.:.:._ 4+ _... d4+'^- L- �-- i.sMx+mt¢d.s..�:�59+ .�.xi urt✓s...« a�.G' KL`.w _ _ .. _ �iwpa. +'Y>.�.lK9c— JSIt�.b' 't�f�r�. :^C>+ca�V�• ^�➢" • ? -+ '— .... ' �^ u«- �.. �..'_.._.- .i...:...wr.e > «rw� -6 -.. �.— Y �: _ •° � _ ,__ _ • ...-�° sue. � .m,.., . '�,� �'�S+.7ra' +..�."'+� :.. - M1 ,• «_ ',.:.- ty4 -'e�� p.,�p:'Y '�s. � >...z >w.. "'� LM .".4.., _ n MINUTES OF THE SPECIAL ViEETING OF THE CITY COUNCIL November 28, 1979 The special Council meeting of the City of Paris was held Wednesday November 28, 1979 at 5:15 P. M.. Mayor Malone called the meeting to order with the follotr- ing Councilman present: B. J. Burnett, Ron Kyle, halter F. Williams, and W.. C. Francis. Also present were City Manager, R. 14. Sokoll, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor .+alone announced that the first order of business would be consideration of the approval of a final plat of North Park Estates #3, fir. Joe McCollum, Director of Community Development appeared before the Council recommending that the plat be approved subject to the approval of the City Engineer and the Planning and Zoning Commission. Mr. McCollum stated that the plat needed a 7�2- foot easement on the north part of Lot 9 prior to filing of the plat. Mr. James Rheudasil appeared before the Council stating that he had two lots sold subject to completion of two new Duplexes by January 1, 1980, and there- fore, the need for expediting approval of the final plat. After discussion, a motion was made by Councilman Burnett, seconded by Councilman Williams to approve the final plat subject to the approval of the City Engineer and the.Planning and Zoning Connission. The motion carried 5 ayes, 0 nays. Mr. Reaves Hayter, representing Hayter Engineering, Consultants currently employed to prepare the Infiltration /Inflow Study appeared before the Council and recommended that a committee be appointed to review the facility plan now under way on a periodically basis as the Engineering Firm progresses on the Plan. -- Mayor Malone assigned the item to the committee already appointed to study other water matters, that being Councilman Francis, Williams, and Mayor Malone. Mr. Joe McCollum appeared before the Council advising that the Senior Citizens Center now being renovated under Community Development Block Grant was almost finished at this date and was scheduled to open on December 24, 1979 with formality at 11:00 A.H. Councilman Farris entered the council chamber and assumed his seat at the council table. Mayor iialone called for the tabulations of bids received for the EDA Water Project in Southwest Paris and the following bids were received: Base PV IC Dickerson Construction Co. $507,818.50 Eaqle Ford Construction Co. - Dual Construction Co. - Hise Sullivan Construction Co. - fic Ki nney & Moore, Inc. - ask` 4S_b 4� _: ✓a`�`.F"^�"` -. -ap§ Lam" ✓w AC $494,153.50 $493,669.00 $362,775.00 $395,975.50 $542,396.75 Y 69 6 Mar. Reaves Nayter, Consultant, Nayter Engineering, recommended that the bid of the Dual Construction Company be approved. Mr. Nayter advised that the project could be expanded by lengthing the line and/or enlarging the lines in that the project had come in a considerable amount under the budget. After discussion, Resolution No. 1987 awarding the bid to the Dual Construction Company, Inc., and authorizing the Mayor to execute a contract with the Dual Construction Company was presented. A motion was made by Councilman Burnett, seconded by Councilman Farris for adoption of the Resolution. The motion carried G ayes, 0 nays. RESOLUTION NO. 1987 WHEREAS, the City Council of the City of Paris, did at its regular meeting on the lath day of August, 1979, approve the ad- vertzsement for bids for construction of an 8" thru 14" water line beginning at 13th and Graham Streets and extending approxi- mately 4.9 miles, which bids were received until 10:00 o'clock A. M., Wednesday, November 14, 1979; anti, WHEREAS, the best bid for such construction project was made by Dual Construction, Inc., Texarkana, Texas, and it should be awarded the contract for such project; and, WHEREAS, the form of contract to complete said project is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF PARIS, That the bid of Dual Construction, Inc., for construe- tion of an 8" thru 14" water line. , beginning at 13th and Graham Streets and extending approximately 4.9 miles, in the amount of the unit. prices shown in said bid schedule, is hereby accepted and let, conditioned upon said contractor accepting the terms of Change Order No. One and meeting all of the terms and speci fi- cations included in the bid documents; and, BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the contract for the above described work, upon the terms and conditions and in the form shown in Exhibit A attached hereto, with Dual Construction, Inc. Passed and adopted this 28th day of November, 1979. ZKZ Michaellf Malone, Mayor ATTEST: H. L. `0r ene, City Clerk AP OVED O FORM. T. K. riaynes, City. Attorney Un rr • Mayor Malone called for the tabulation of bids received for fencing for two softball Parks at rise Field. City Manager Sokoll advised that only one bid had been received, that from Curry Aluminum Product for $28,784.00 with an alternate of $32,277.00. The Planager recommended that the_bid for $28,784.00 be approved. Resolution No. 1983 authorizing and directing the Mayor to execute a contract with the Curry Aluminum Product in the amount of $23,784.00 was presented. A motion was made by Councilman Farris, seconded by Councilman Williams adopting theResolution and giving authority to the City Attorney to revise the Resolution in so far as'name of the firm to reflect Corporation name if-incorporated. The notion carried 6 ayes, 0 nays. WHEREAS, the City Council of the City of Paris did at its special meeting on the 23rd day of July, 1979 approve the advertisement for bids for the furnishing and installation of fencing at Wise Field, which bids were received until 10:00 A.M., Wednesday, November 7, 1979; and, WHEREAS, no bid was received for said project; and, I .! WHEREAS, the City Council of the City of Paris did at. its regular meeting on the 12th day of November, 1979 author- ize the readvertisement for bids for the furnishing and install- ation of fencing at Wise Field, which bids were received until 10:00 A.M., Wednesday, November 28, 1979; . and.. WHEREAS, the best bid for the furnishing and installation, of fencing at Wise Field was made by Glenn Curry,d /b /a Curry Aluminum Products, Paris, Texas.,. and it should be awarded the contract for such project; and, WHEREAS, the form of contract for the furnishing and installation of fencing at Wise Field is attached hereto as Exhibit "A "; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the bid of Glenn Curry,d /b /a Curry Aluminium Products, for the furnishing and installation of fencing at Wise Field, in the amount of $28,784.00, is hereby accepted and -let, conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and, BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract for the above described work, upon the terms and conditions and in the form shown in Exhibit "A" attached hereto, with Glenn Curry,d /b /a Curry Aluminum Products. City Manager Sokoll presented a recommendation from Warren C. Leddick, Director of Parts & Recreation Department for improvements at Record Park and Johnson Park with funds provided from the Community Development Block Grant as follows: Recommendations for Record Park: Improve area lighting; place picnic tables and bar -b -que grills; put post and cable around park to eliminate motor vehicle traffic; color coat, and install chain link net on tennis court; repair bleachers at ball field; line basket- ball court; add additional basketball and volleyball court; replace playground equipment; add picnic shelter with tables, outlets and lights; renovate rest- rooms and install drinking fountain near ball field. Recommendations for Johnson Park; Re-work drainage area and repair foot bridge; paint play equipment; install hard surface area w /lights for basketball and volleyball; plant trees; install shelter with picnic tables and grills; set posts and cable; fence off private property in rear of park. After discussion, a motion was made by Councilman Burnett, seconded by Councilman Williams to approve the report as recommended. The motion carried 6 ayes, ? nays. Resolution No. 1989 authorizing and directing the Mayor to execute a contract with the State Department of Highway and Public Transportation for drainage and curb and gutter improvements on State Highway 24/19 South of Evergreen Street was presented. A motion was made by Councilman Burnett, seconded by Councilman Kyle for adoption of the Resolution. The motion carried 6 ayes, 0 nays. 6 � r' RESOLUTION NO, 1989 , WHEREAS, the -City Council of the City of Paris did heretofore request assistance from the State of Texas to im- prove State Highway 24 from Farm to Market Road 1507 inter- section to the South City Limit Line, beginning approximately 1.2 miles; and, WHEREAS, the State Department of Highways and Public Transportation has agreed to build said project at a cost of $231,000.00 to the City of Paris which was heretofore authorized in Resolution No. 1934; and, WHEREAS, it is in the best interest of the.citizens of Paris to continue to cooperate in said project and to contract with the State of Texas in the form as shown in Exhibit "A" attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Michael E. Malone, Mayor of the City of Paris, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the agreement for the construction of concrete curb, gutter, storm sewer and incidental items in _connection with the State Highway 24/19 from Farm to Market 'Road 1507 South to the South City Limit Line, upon the terms and conditions, and in the form attached hereto. as Exhibit "A ", at an estimated cost of $228,400.00. Passed and adopted this 28th day of November, 1979. Michael E. Malone, Mayor C 136 -6--31 Lamar County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this 28th day of November, 1979, by and between the City -of Paris, Paris, Texas, hereinafter called the "City", Party ;of the First Part, acting by and through its .Mayor. and the State of Texas., . hereinaf ter _ call.ed the "State ", Party-of -.the Second Part, acting by and through its 'State Highway and Public Transportation. Commission. WHEREAS, the _City desires the construction,of. concrete curb, gutter, stoma sewer and incidental. items within the Ximits_ from Farm to Market Road No. 1507 in Paris south to 0:3 mile south.of Paris City Limit on. .State Highway Na. 19, which is solely the City's responsibility and the City has requested the State to construct or have constructed.this work. 'The State will construct or have.constructed this work for and .on behalf of the City and at. the City's sole expense., exclud ing:preliminary.engineering. The estimated constriction cost -of this work is Two Hundred Twenty Eight Thousand Four Hundred and. No /100 Dollars..($228,4O0.00 ), including contin- gencies and construction engineering, and .:WHEREAS, the City.by the execution of this _agreement agrees ±to an the terms d _conditions of Commission Minute No.' '—' 75534, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agree- ment. r� s EXHIBIT M^'. ''JJ ' 3 tw� �';� •1„yy, � x x���.�3. � ¢' sX �a`r ,4 � ky A" KA s' * .+- e'e � 4 r . -. '�'•_y°."^^°'^ -. Ar.+..artw xa..:c7•- �'�e.-�'' �= ..+kw.c. -m£.,! � �-z �- _,�,�..,. -s. _ -.� xs_�` - - h'Y._•t,y,,. ,F y „`.. _^m,- tT _ .. - -. i _. _ ._ - . _ _ _ .. ^� 1. J C j- :° IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated, STATE OF TEXAS CITY OF PARIS STATE HIGHWAY AND PUBLIC Party of the First Part TRANSPORTATION COMMISSION Party of the Second Part By Mayor Certified as being executed for the purpose and effect"'of activating and/ . or carrying out the orders. established ATTEST' policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: City Clerk. By Asst. Engineer-Director under authority of.Commission Minute APPROVED AS TO FORM; .70104 Recommended for execution: City Attorney -' (State) Director, Finance wa VY 3 f t� h b. tf_i2ERS, in LAVA!: (01INrY {arc ,,lf ►rE HIGHWAY 24, the City Of !.sris - has. recjcte steel assistance in the tivideniriq of pavement Mcluding incidental i tents thereto from farm to Market Road 1507, south to South City Lit;-it, a distance of approximately 1.2 mile and, 'HERE AS, an analysis of the rerrtest indi c,�tf�s tha t such work wi 11 materially add to traffic °iafety rrr► this facility; P�OIJ, THEREFORE, the I.nginver- Directot- is directed to tender the �I following proposal to the, City of Paeis: Provided the. City will: 1. Provide for- the tolls tr•uction of continuous curb and gutter, where none now exist, storm sewers, etc.., all as may be necessary for -a compl!,te project with the excYption of pave- rnent and its suppjort. 2e Maintain that portion of the work which is its responsibility in accordance eri th prc sor=t- maintenance agreement arid agree to regulate traffic and prevent encroachment on the right of way, all in accordance with !governing policies and regulations of the Department. The State Department of Vi( hways a. rid Puhlic Transportation will; 1. Provide for wiclr�ni nc1 1 �r ►re ;r =ent and its support. ►ri tai rr these 2: Maintain that hort.ion of .thn work which is its respon ibiIity in accordance with present maintenctnr e agreement. It is understood tha t the respon i bi 1 i ty of the Department is confined to 'the pavement and its support and all other features neces- sary now or= in.the future to provide an adequate travel facility sha11 be the responsibility of the City of Faris. Upon acceptance of. the provisions of this Order by the appropri - ate officials of the City. of Paris, the Enyineer- Director, is directed to proceed- wi-th development of plans for - construction and after the City has fulfilled its- respons.ibil ities, proceed with construction' in the most feasibie.arrc! economical manner, firr.3ncing" the cost with funds previously approved is the 20 Year- Projec=t Develop►:rent and Control ;Pl��n. It is understood that the .t i ty r!ay. discharge its construct inn obli gat icrrrs as outlined hereir3 in any eminjer as it may elect. In thn event the City desires the State to in Jude its portion of the work• ir. the State's construction contract, the !nclineer- Director is hereby autho- .rized to enter -_inf.o agreemi-,nt critic the City for° such rr(}rk :abd.iis -cost as Wray- be agreed upon- b i s Order si :all hr_rn,13f, of,;•► -.i t i ve lit orr a ccep t �3 rree by the City of Farts and i f not acce;itc�c! tri f:hin 9 ;) day!. of the date heresnf, the action herein cor °tained shall be aatomati ,aI iy cancelled. Minute No. 75534 March 26, 1979 COPY "EXHIBIT A" _ - - _ ' - r.— ,fir ^•� -- _ — -- - •�...,�..��. — . �' •_� x- - - - - - : :-`, - - - - - - � ..-r - . � �,,,,,. mss. -;; City Attorney Haynes requested the consideration of the Council for an Ordinance amending Ordinance No. 2454 as to the limits of Street Improvements on Pine Mill Road. ORDINANCE NO. 2475 AN ORDINANCE A!4EMDI'.1C ORDINANCE NO. 2454 CORRECTING THE LIf1ITS OF THE ASSESSMENT PROJECT ON PINE MILL ROAD TO BE FROM THE N. W. CORNER OF LOT 11, CITY BLOCK 294, FROM A POINT IMMEDIATELY NORTH OF THE SAID CORNER IN THE NORT RIGHT -OF -WAY LINE OF PINE HILL ROAD, EAST TO THE WEST RIGHT -OF -WAY LInE OF LOOP 286 N. E.., BEING THE N. E. CORNER OF LOT 26, CITY BLOCK 295, AND THE S. E. CORNER. OF LOT 12, CITY BLOCK 816; AND DIRECTING THE PREPARATION OF A CORRECTION! NOTICE AND DIRECTING THE CITY CLERK TO CAUSE SAID CORRECTION NOTICE TO BE FILED IN THE.f1ORTGAGE OR DEED OF TRUST RECORDS OF LNIAR COUNTY, TEXAS. was presented. A motion was made by Councilman Farris, seconded by Councilman Kyle for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Mayor Malone announced that the City would go into executive session and the regular session was declared closed. . The City Attorney discussed acquisition of property right of way and easements with the Council. Mayor Malone declared the executive session closed and the regular session open.. There being no further business, the meeting adjourned. NTHAEL E, MALONE, MAYOR ATTEST: H C. GRE NE, CITY CLERK 70.E � � �{'���,�e; � r. �� �' ` i"'y� £ .. ' .'. .' yy Y r'. "sw t'J� -sz �•e� 5�.. 'f'x� # +�. . �v'.'.^s'r fir" . � Etin n __ a+�... -- ;y- :a,- ...w.— .�^�,. v- �`�q"'�'m^r".,,a.,•�.° x°ae<' �_ _"° ,q.,�aa.±e-�.^^s ,� �a� *,.a��. =•r- _ 7 r' MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL December 10, 1979 The regular meeting of the City Council of the City of Paris was held Monday, December 10, 1979 at 7:00 P. 14. Mayor Malone called the meeting to order with the following Councilmen present: George Fisher, Jr., Walter F. Williams, Billy Joe Burnett, James W. Farris and Ronald Kyle. Also present were City Manager, Robert W. Sokoll, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Prayer was offered by Red. A. P. Skaggs. Mayor IrIalone ask if there were any additions or correction to the Council minutes furnished to the Council members, and City Clerk Greene stated that the minutes of the November 12, 1979 meeting concerning the appointment of committees to study the traffic situation on Church St. by members of the City Council, Traffic Commission, and a committee from the Church Street Neighborhood Association should show that firs. Lonnie Kennemer, Doug Nehrman, and firs. Gano Lightfoot had been appointed by the Mayor as members of the committee representing the Church Street Neighborhood Association, Further, that the Mayor had appointed a committee composed of Mr. Paul Wood, f1iss Gloria Risinger, and Phil Arnold as a committee to meet with the Council committee and Traffic Commission Committee to study the four way stop signs on Pine Bluff Street. Mayor Malone declared the minutes correct as amended. 1,1ayor Malone announced that the first order of business would be consideration of recommendations made by the Planning & Zoning Commission, and declared the public hearing open on the petition of Heil Whitaker for approval of a site plan on Lot 4, City Block 44, located on the southeast corner of Graham Street and 7th N. W. Mayor Malone called for proponents to appear and none appeared. Mayor Malone called for opponents to appear and none appeared, and the public - hearing was declared closed. ORDINANCE HIO. 2476 Aid ORDINANCE AMENDING ZONING ORDINANCE NO. 2121 WHICH AMENDED ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, BY REVISING SECTION 2 OF SAID ORDINANCE; PROVIDING FOR THE APPROVAL OF A SITE PLAN; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;. AND PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 10, 1979, was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Mayc+r Malone declared the public hearing open on the petition of Lowry Carrington for a change in Zoning from an Office District {o} to a Neighborhood Service District (NS) and Specific Use Permit - Antique Shop on parts of Lots 2 and 3, City Block 248 -B, located on the southwest corner of Clarksville Street and 20th S. E. Councilman Francis entered the council chamber and assumed his seat at the council table. lz x sri x x a Mayor Malone called for proponents to appear and Mr. Lowry Carrington appeared before the Council explaining the use of the property in question. Mayor Malone called for opponents to appear and none appeared and the public hearing was declared closed. (— ORDINIAMCE NO. 2477 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUODARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A NEIGHBORHOOD SERVICE DISTRICT (NS) AND A SPECIFIC USE PERMIT, ANTIQUE SHOP (4), ON PARTS OF LOTS 2 AND 3, CITY BLOCK 248B, AT THE SOUTH - WEST CORNER OF CLARKSVILLE STREET AND 20TH STREET, S. E,, ON PROPERTY BELONGING TO LOWRY CARRINGTON, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN OFFICE DISTRICT (0); AND DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (PAS) AND SPECIFIC USE PERMIT, ANTIQUE SHOP (4), SO ESTABLISHED. was presented. A motion was made by Councilman Williarfis, seconded by Councilman Burnett for adoption of the Ordinance. Motion carried 7 ayes., 0 nays. City Manager Sokoll presented a re -plat of a portion of Lot 4, Block 0, Morning - side Estates, Part 5; After discussion, a motion was made by Councilman Farris, to approve the replat of Lot 4, Block 0, Morningside Estates, Part 5 subject to the requirement of the City Engineer. The motion was seconded by Councilman Fisher and carried 7 ayes 0 nays. City Manager Sokoll (resented a final plat of Morningside Estates, Part 9. After discussion, a motion was made by Councilman Williams; seconded by Councilman - Burnett approving the final plat subject to the requirements of the City Engineer. The motion carried 7 ayes 0 nays: City Attorney Haynes presented a petition from Max.E -: Lee for re- zoning of Lot 3, City Block 103, from General Retail District to General Retail District and Specific Use - Day Care Center. Mayor tlalone referred the petition td the Planning and Zoning Commission for their study and recommendations and called for a public hearing at the next regular Council meeting. Mayor Malone invited the Council's attention to the recommendation of the Traffic Commission for placement of a "Passenger Loading Zone" in front of First Ward School, on the west side of the 500 Block of 8th Street, S. E. A motion was made by Councilman Fisher, seconded by Councilman Williams authorizing the preparation of an Ordinance concerning the request with the stipulation that the requirement be removed after the school year. The motion carried 7 ayes, 0 nays. Mayor Malone invited the Council's attention to the recommendation of the Traffic Commission that the request referred to the Traffic Commission to close 19th Street N. 14. where it joins City owned Lake Crook property be called for a public hearing. Director of Parks & Recreation, Marren Leddick, appeared before the Council stating that it was his recommendation to the Traffic Commission that 19th Street N. W. be closed where it joins the City owned Lake Crook property. r� 705 ,x - -A. 705 i 0 'U After discussion, a motion was made by Councilman Williams, seconded by Council- man Kyle to call for a public hearing at the next regular-Council meeting. The motion carried 7 ayes, 0 nays. Mayor Malone invited the Council's attention to the recommendation of the Committee made up of citizens, City Councilmen, and Traffic Commission members recommending that four way stop signs be placed at Pine Bluff Street and 8th Street N. E. and at Church Street and E. Washington Street. A motion was made by Councilman Francis, seconded by Councilman Kyle authorizing the preparation of an Ordinance concerning the above recommendation. The motion carried 6 ayes 1 nay, Council- man Fisher voting nay. Mayor Malone called for the reading of a previously authorized Ordinance removing the "No Parking Zone" on the north side of the 400 and 500 Block of East Austin Street. ORDINANCE NO 2478 AN ORDINANCE REPEALING ORDINANCE NO 2291 OF THE CITY OF PARIS, PARIS, TEXAS, WHICH ESTABLISHED A 140 PARKING AREA ON THE NORTH SIDE OF EAST AUSTI14 STREET, BEGINNING 30 FEET EAST OF SAID STREET'S INTERSECTION WITH THE EAST BOUNDARY LINE OF 5TH STREET, S. E., THENCE WEST A DISTANCE OF 200 FEET; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERDJITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1, 1980. was presented. A motion was made by Councilman Williams, seconded by Councilman Burnett approving the Ordinance. The motion carried 7 ayes, 0 nays. Firs. Joann Boatner, Chairman, Parks & Recreation Board appeared before the Council stating that the Paris Ind. School Board had been contacted concerning disposition of First Ward School and stating that the City would be interested in aquiring the .School for recreational purposes. Fars. Boatner reported to the Council that-the School Board had discussed use of the First Ward School and /or the Fourth Ward School or both in the City Recreation program. Director of Parks & Recreation, Warren Leddick stated that the Schools could be used as year around recreational program. After discussion, it was the consensus of the Council to study the proposal at the City's Budget Workshop sessions. Mayor 14alone announced that the next order of business would be consideration of recommendations made by the Airport Board. The Advisory Board has recommended approval of Commercial Operators Permits at Cox Field for the Aero Dust & Spray Service for Pilot Training and Agricultural and Temporary Permit for Air Frame and Power Plant !Maintenance; for the Paris Flight Center for Flight Training; for James Howell for-Agricultural Operations. A motion was made by Councilman Burnett, seconded by Councilman Williams approving the permits subject to meeting the requirements of City Ordinances and regulations. The motion carried 7 ayes 0 nays. City Manager Sokoll requested consideration of the Council of a Resolution authorizing the execution of a First Amended Addendum No. 2 to Agreement for_ Engineering Services with Hayter Engineering, Inc. dated August 13, 1970 concern- ing the Infiltration /Inflow Project. 7C, Resolution No. 1990 authorizing the Mayor of the City of Paris to execute on behalf of the City of Paris First Amended Addendum No. 2 to Agreement of Engineering Services between the City of Paris and Hayter Engineering, Inc. dated Auqust 13, 1970 was presented. A motion was made by Councilman Burnett, seconded by Councilman Fisher adopting the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 1990 , WHEREAS, the City Council of the City of Paris did, on the 9th day of July, 1979, pass Resolution No. 1950 providing for Addendum No. 2 to Agreement for Engineering Services, dated August 13, 1970; and, WHEREAS, the same was submitted to the Texas Department of Water Resources, Construction Grants Division, for its approval, and the heretofore adopted Addendum No. 2. was required to be changed to the form shown on Exhibit A attached hereto; and, WHEREAS, such change is hereby designated as First Amended Addendum No. 2, and it is found to be in the best interest of the - citizens of Paris that such amended addendum be approved and exe- cuted and placed in force; NOW, THEREFORE, SOLVED BY THE CITY COUNCIL. OF THE CITY OF. BE IT RE PARIS, That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, First Amended Addendum No. 2 to Agreement for Engineering Services, heretofore entered into between the City - of Paris and Hayter Engineering, dated August 13, 1970, in the form attached hereto . as Exhibit A. Passed and adopted this 10th day of December, 1979. a ichae E. Malone, Mayor �; , !` ATTEST1 H. Gr ne, City Clerk AP ROVED S TO FORM: j^ T. K. Haynes, City Attorney FIRST AMENDED ADDENDUM NO. 2 TO AGREEMENT FOR -ENGINEERING SERVICES CITY OF PARIS, TEXAS WHEREAS -, Robert B. Hayter, dba Hayter Engineering,.and the City of Paris, acting by and through its duly.authorized mayor, did jointly enter -into an agreement.dated August 13, 1970, for engineering services _ far improvements to the City's Sewage treatment facilities and development of an area wide sewerage system., and Addendum No. 1 thereto .dated March 25, 1975; and,._ WHEREAS, Robert B.- Hayter, dba Hayter Engineering, is. now a professional corporation of the-State`of Texas and known as Hayter Engineering, Inc.; and, WHEREAS, both parties mutually agree that the original contract with Addendum No- 1 and First Amended Addendum No. 2 - covers other.engineering services as may be required in the development.of the project, amended plan of study, i.e. flood plain.studies, plan of. financing, environmental assessments, historical clearance;- collector line eligibility, industrial pre - treatment. regulations , - and the project development within the program requirements adopted by the-Texas. Department of Water Resources (formerly Texas Water Quality Board) and the Environmental Protection Agency. NOW THEREFORE BE IT•AGREED to by the parties hereto 'that the following additions and modifications are made -to, and a part of said contract.,... SECTION VI THE ENGINEER'S COMPENSATION Any and all references to a percentage fee of the construction cost of-the-facility plan improvements is, hereby voided. The Engineer's reimbursement for direct non -labor expense and sub- contract expense shall be a lump grant eligible increase of -$67,187.00 for pre - treatment and collector line eligibility and a grant in eligible increase of $6,714.00 for existing-and new waste control orders. Executed this 10th day of December, 1979. CITY OF PARIS ATTEST: Michael E. Malone Mayo r H. C. Greene, City Clerk Page 1 of 2 EXHIBIT A r._su.. - �. a.�c... .rte a s• »s. ,.z,�' a- _ .. _ .. - _ -wry "--=— .•.�«� my 709 FIRST AMENDED_ ADDENDUM NO. 2 TO AGREEMENT FOR ENGINEERING SERVICES CITY OF PARIS, TEXAS Continued from Page l of 2 HAYTER ENGINEERING, INC. ATTEST: By- Patsy R. Merritt Robert B. Hayter, President Assistant. Secretary P. E. #10601 mr,. RobePt..McWhirter, Attorney, representing Midwest Video Corporation appeared Wtorf the Council requesting that the monthly charges of the Midwest Video Corp Wtipn for-monthly services be increased to $6.00 per month from $4.00 and $4.96 per month. Playor Malone referred the request to a committee. comprised of Councilman Kyle,, Burnett,. and h§her for their study and recommendations, Resolution..Mo. 1992 authorizing the Playoh to execute y6 behalf. of the City "of Paris a lease with the Lamar County Human Resources Cdundl Inc. for a. building at 260 Last Booth Street:was� presented., A motion was made by Councilman Williams, seconded by Councilman Burnett for adoption of the Resolution. The- motion.carried 7 ayes, 0 hays. ar i a g"°�t`" ,fir3'••` -S„ �e -.i�� S'I^;'y.;y ,tf tv}' 'h'' ,` -i�-.a '`,* 4.NA�6 .�`r�. o Tz�.m - - _ .�..,- _ � _ ` '"^�" -h• ---:� `mss. � - �.-_.— _"�— ..:.._ - ^�z _ >i , � � _`�.;z M i LEASE AGREEMENT 7 STATE OF TEXAS COUNTY OF LAMAR LEASE AGREEMENT between the CITY OF PARIS; a municipal corporation, acting by and through its Mayor duly authorized, hereinafter referred.to as Lessor, and LAMAR- COUNTY HUMAN RESOURCES COUNCIL, INC., Paris, Texas, acting by and through its President duly authorized, hereinafter referred to as 34essee,-.WITNESSETH: For and in consideration of the payment to the CITY OF PARIS, a municipal co rporation,.the, sum of ONE AND N01100 DOLLARS and other good.and. valuable consideration, the.CITY OF PARIS does hereby lease,- rent and let unto the LAMAR COUNTY HUMAN'RESOuRCES COUNCIL, INC. the property described on Exhibit "A" attached hereto and made a part hereof for all legal pur poses. The term of this lease is for two (2) years, beginning on the 1st day of December, 1979 and ending on the -30th clay, of November.,.1981. IN CONSIDERATION HEREOF, it is mutually agreed-by and be" tween Lessor and Lessee: le That Lessee will .use .and maintain the described prem ices for a Senior Citizens Center with Lessee maintaining a nutrition and recreation program for all senior citizens•of. Paris, Texas: .2. That Lessee will be responsible for the maintenance.. repair and upkeep of the said premises, ordinary wear and tear - LEASE AGREEMENT 7 STATE OF TEXAS COUNTY OF LAMAR LEASE AGREEMENT between the CITY OF PARIS; a municipal corporation, acting by and through its Mayor duly authorized, hereinafter referred.to as Lessor, and LAMAR- COUNTY HUMAN RESOURCES COUNCIL, INC., Paris, Texas, acting by and through its President duly authorized, hereinafter referred to as 34essee,-.WITNESSETH: For and in consideration of the payment to the CITY OF PARIS, a municipal co rporation,.the, sum of ONE AND N01100 DOLLARS and other good.and. valuable consideration, the.CITY OF PARIS does hereby lease,- rent and let unto the LAMAR COUNTY HUMAN'RESOuRCES COUNCIL, INC. the property described on Exhibit "A" attached hereto and made a part hereof for all legal pur poses. The term of this lease is for two (2) years, beginning on the 1st day of December, 1979 and ending on the -30th clay, of November.,.1981. IN CONSIDERATION HEREOF, it is mutually agreed-by and be" tween Lessor and Lessee: le That Lessee will .use .and maintain the described prem ices for a Senior Citizens Center with Lessee maintaining a nutrition and recreation program for all senior citizens•of. Paris, Texas: .2. That Lessee will be responsible for the maintenance.. repair and upkeep of the said premises, ordinary wear and tear L and character whatsoever for damage or injuries to pexsons and /or property occurring on the leased premises resulting from Lessee's, its members, invitees, agents, servants or employees* use, and Lessor shall not be. liable to Lessee, its - members, invitees, agents, servants, employees, licensees or g� visitors due to-the building or any other condition of the �1 premises being improperly constructed, maintained or being or becoming out of repair,. Lessee hereby waiving any defects therein and agreeing to hold and save Lessor harmless from all claims for any such damages or injuries, and Lessee must at all times during the terms of this agreement, and any ex- tensions thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $100,000.00 per person and $300,Op0.00 for any single occurrence for bodily injury or death and $10,000,00 for any single occur - rence for injury to or destruction of property,. indemnifyingeall persons for any and all damages, personal injuries or property dams es sustained in or upon the premises of said leased propexv!, g or any part thereof, as the result of the negligence of Lessee, its members, invitees, agents, servants or employees, and shall a all premiums due thereon when due. It is expressly provided pay that such insurance. policy or policies shall and . must -be written - --and issued by a reputable insurance company or companies, subject. to approval by the City Attorney of the City of Paris, and Lessee or its insurance carrier or carriers shall deliver a copy of any.. such P olicies to.the City Clerk of the City of Paris, or furnish to said City Clerk a current letter or certificate from such company or companies .evidencing the fact that such insurance is , his lease and ar in full 'force and effect at all times during t it 7 had and obtained, - provided, however', that such consent may be .given by the City Manager in the event such subletting shall not exceed one week. 5. That no new structures, repairs, improvements or changes in locations or otherwise will be made to any buildings, struct- ures, fences or other things located.thereon without the prior written approval of Lessor, 6. That Lessor shall have the right and privilege of using any portion of.said property so leased for functions sponsored by the City of Paris, or any-department'thereof, which function has been approved by the City 'Council of the City of Paris which use shall. be conducted on a non-interferi basis Ing with the Lamar County Human Resources. Council, Inc. s program. 7. That Lessor shall have the right-and privilege-at its -option to.terminate this lease for necessary municipal.func.tions- so declared by the City Council of the City of Paris, andupon the giving of ninety (90)-days written notice. by Lessor, Lessee will vacate such portion to be so utilized.' B. 'Should Lessee default in, or fail or refuse to keep any of the covenants, condit-ions., stipulations and/or provisions herein contained, notice thereof shall be given to Lessee by Lessor, and in the event such default, failure or-refusal has not been corrected or performed within.sixty (60), days .from the date of such notice, then this lease contract may be terminated at Lessor's option, and it shall.be lawful for Lessor to re-enter the leased premises and remove all persons, property: and effects therefrom, .all and every claim for damages for or by re . ason of said re -entry being expressly waived. 9. All notices provided for herein must be made by regis- tered or certified mail, return receipt requested. Sze i i M 44 KI 1 3 C, zip2 =7 22 STATE OF TEXAS jE COUNTY OF iAMAR. BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL•E. MALONE, Mayor of the City of Paris, 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 December, 1979. Notary Public, Lamar County, Texas. STATE OF TEXAS X COUNTY OR L.AMAR' � BEFORE ME, the undersigned authority, on.this day personally appeared GARY O'CONNOR, President of the Lamar County Human.Resources Council, Inc., known to me to bethe person whose name is subscribed.to the foregoing instrument, and acknowledged to me that he executed the same for the purr ' poses and consideration therein expressed, and in the capacity therein stated: - Mayorlialone advised the Council of the need of an Ordinance amending Ordinance No. 2466 calling for a publ-ic.hearinq for the purpose of assessing property owners for street improvement on 7th Street N. E., Booth Alley, and Booth Place. ORDINANCE NO. 2479 AN ORDIINANCE XIENDING ORDINANCE NO. 2466, FIXING THE DATE FOR A PUBLIC HEARING ON PROPERTY ON 7TH STREET, N. E., FROM THE NORTH EDGE OF PAVEMENT OF EAST CHERRY STREET, NORTHERLY 601.5 FEET TO ITS DEADEND; ON BOOTH ALLEY, FRO'il THE EAST EDGE OF PAVE.MENT OF 7TH STREET, N. E., EASTERLY 392 FEET TO THE 14EST EDGE OF PAVEMENT OF 3TH STREET, M. E.; AND ON BOOTH PLACE, FROM THE EAST EDGE OF PAVEMENT OF 7TH STREET, N. E., EASTERLY 157 FEET TO ITS DEADEND, IN THE CITY OF PARIS, TEXAS; DIRECTIFlG- THE CITY 'CLERK OF THE CITY OF PARIS TO PUBLISH NOTICE OF THE SPj4E THRtt(3) TIMES IN THE PARIS NEWS AS REQUIRED BY LAW; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 10, 1979. was presented. A motion was made by Councilman Farris, seconded by Councilman Fisher for adoption of the Ordinance ;The motion carried T ayes, 0 nays Resolution No: 1992 authorizing and -approving the creation of the City of Paris Industrial Development Corporation, was presented.. A motion was made by Council- man Burnett"'- `sec ©tidedy Counc�n Farris For adoption of the Resol uti on.� %� motion carried 7 ^ayes, O nay - A i ii 1 v RESOLUTION NO, 1992 RESOLUTION AUTHORIZING THE CREATION OF THE CITY OF PARIS INDUSTRIAL DEVELOPMENT CORPORATION AS AN INSTRUMENTALITY OF THE CITY OF PARIS, PARIS, TEXAS; AND CONTAINING OTHER PROVISIONS*RELATING TO THE SUBJECT. . WHEREAS, the Development Corporation Act of.1979, Section 1 through 37, Article 5190.6, Vernon's Texas Civil Statutes, authorizes the creation and administration of industrial develop- ment corporations to act on behalf of cities, counties and conser- vation and reclamation districts in the promotion and development of commercial, industrial and manufacturing enterprises to promote and encourage employment and the public welfare; and, WHEREAS, the Act authorizes cities, counties and conser- vation and reclamation districts to utilize an industrial'develop- ment corporation to issue obligations and bonds on behalf of the sponsoring city, county or conservation and reclamation district- to finance projects. promoting and developing commercial, industrial and manufacturing enterprises; and, WHEREAS, three natural persons, each of whom is at least eighteen years of age and a qualified elector of the City of Paris -, Texas, a Unit .under Article 519.0.6, Vernon's Texas Civil Statutes; have filed with the City Council of the Unit a written application requesting that the Unit authorize and.approve the creation of the CITY OF PARIS INDUSTRIAL DEVELOPMENT CORPORATION, hereinafter re- ferred to as Corporation, and approve the Articles of Incorporation and Bylaws to be used in creating the Corporation; and, WHEREAS, the Corporation will be created and organized as a Texas non - profit corporation, pursuant to the provisions of the Act, for such limited purposes; and, WHEREAS,`"the City Council of the City of Paris has reviewed and approved the Petition and the Articles of Incorporation and Bylaws and has determined to authorize and approve the creation of the Corporation, a not -for- profit entity, as its constituted author- ity and instrumentality to accomplish the specific public purpose of the promotion and development of commercial, industrial and manufacturing enterprises to promote and encourage employment and the public welfare; NOW,.THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That the CITY OF PARIS INDUSTRIAL DEVELOPMENT CORPORATION is hereby authorized and approved for creation as an industrial development corporation under the provisions of the Act. Section 2. That the Corporation is hereby designated as the duly constituted authority and instrumentality of the Unit (within the meaning of those terms in the regulations of the Treasury and the rulings of the Internal Revenue Service pre scribed and promulgated pursuant to Section 103 of the Internal Revenue Code, of 1954, as amended) and shall . be authorized to act on behalf of the Unit for the specific public purpose of the promotion and development of commercial, industrial and manufact- uring enterprises to promote and encourage employment and the public welfare; but the Corporation is not intended to be and -shall not be a political subdivision or a. political corporation within . the meaning of the Constitution and the laws of the State of Texas, including without limitation Article III, Section 52 of the State Constitution, and the Unit does not delegate to the.Corporation any of its attributes of sovereignty, including the power to tax, the power of eminent.-domain-and the police -power " "- E 7 i Section 3, That the Corporation may, under the'con -- ditions set forth in this Resolution, issue obligations on behalf of the Unit, acquire,' lease, sell or convey certain properties and make loans for the promotion and development of commercial, industrial and manufacturing enterprises to promote and encourage employment and the public welfare, The Unit shall not lend its credit or grant any public money or thing of value in aid of the Corporation. Furthermore, obli- gations issued by the Corporation with the approval of the Unit shall be deemed not to constitute a debt of the State, of the Unit or of any other political corporation, subdivision or agency of the State or a pledge of the faith and credit of any of them, but such obligations shall be payable solely from the funds herein provided. The Corporation shall not -be authorized to incur financial obligations which cannot be paid from proceeds of the obligations or from revenues realized.from the lease or sale of a project or realized from a loan made by the Corporation to finance or refinance in whole or in part a project, "Project" shall mean the land, buildings, equipment, facilities and improve- ments (one or more) found by the Board of Directors of the Cor- poration to be required or suitable for the promotion of commerc- ial or industrial development and expansion, the promotion of employment or for use by commercial, manufacturing or industrial enterprises, irrespective of -whether in existence or required to be acquired or constructed after the making of such findings by the Board of Directors. Section 4. That the Articles of Incorporation of the City of Paris Industrial Development Corporation and'the Bylaws of the Corporation, in the forms attached hereto as Exhibit- "A' and "B" respectively, are hereby approved for use and adoption by the - Corporation; provided, however, that any amendments to the Articles of Incorporation shall be subject to the further approval of the City Council, Section 5. That.the City Council shall approve by written resolution any agreement to issue bonds, including refunding bonds, adopted by the Corporation, which agreement and resolution shall set out the amount and purpose of the bonds, Furthermore, no issue of bonds, including refunding bonds, ,shall be sold and delivered by the Corporation without a. written resolution of-the City Council adopted no more than 60 days prior to the date of the sale of the.. bonds specifically approving the resolution of the Corporation providing for the issuance-of the bonds. Section 6, That, upon dissolution of the Corporation, the Unit shall accept title to or other interests in any real or personal property owned by the Corporation at such time, Section 7. That this Resolution is adopted for-the purpose of satisfying.the conditions and requirements of the Act and of Section 103 of the Internal Revenue Code of 1954, as amended and. the regulations prescribed thereunder from time to time and for the benefit of the Corporation, the Unit, the owners or holders from time to time of the obligations of the Corporation and all other interested persons. Section 8. That the City Council has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this resolution was posted on a bulletin board located at a place convenient to the public in the City Hall of the City of Paris for at least 72 hours preceding the scheduled time of such 1!A° �a',;i "'xs, ' ` ♦ u i 719 ARTICLES OF INCORPORATION OF CITY OF PARIS INDUSTRIAL: DEVELOPMENT CORPORATION . We, the undersigned natural persons, each of whom is of the age of eighteen years or more and a qualified elector of the City of Paris, Texas; a Unit under Article 5190.6, Vernon's Texas Civil Statutes, acting as incorporators of a Corporation under the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, (the "Acts'), do hereby.adopt the following Articles of Incorporation for such Corporation: ARTICLE I The name of the Corporation is CITY OF PARIS INDUSTRIAL DEVELOPMENT . CORPORATION , ARTICLE II The Corporation is a non - profit corporation. ARTICLE III The duration of the Corporation shall be perpetual ARTICLE IV The Corporation is organized and may issue bonds on be half of the City of Paris for the' specific public purpose of promotion and development of commercial, industrial and manu -- facturing enterprises to promote and encourage employment and the public welfare. ARTICLE V The Corporation has no members and is a non -stock cor- poration. ARTICLE VI The Corporation's internal affairs shall be regulated by a set of Bylaws, not inconsistent.with the laws of this State, which have been approved by the City Council of the Ci.ty of =`,r Paris, under whose auspices the Corporation is created! w, -� ' ARTICLE VII The street address of the initial registered office of the Corporation is 135 1st Street S, E._, Paris, Texas, and the name of its initial registered agent at such address is T. K. Haynes. ARTICLE VIII The directors the initial number of constituting Board of Directors of the Corporation is sever_ (7), and the names and addresses of the persons who are to serve as the initial directors are Name Address - J. B,'Bankhead 3240 Clark Lane Paris, Texas E. Ridley Briggs 3015 Mahaffey Paris, Texas P, R. Cecil 3120 Clark Lane Paris, Texas _ Duran Davis. 750 33rd Street S. E4 Paris, Texas Moody-L. Graham. 3085 Abbott Lane Paris, Texas June Reep 910 Laurel Lane Paris,.Texas Leon Williams 643 3rd Street N, E. Paris, Texas ARTICLE IX The name and street address of each incorporator are: Name . Address Michael E. Malone 231 --1/2 Kaufman Street Paris., -Texas James W. Farris 3115 Mahaffey Paris, Texas T. K. Haynes -1790 Fairfax Paris, Texas ARTICLE X 7. 7. 72' welfare and has approved these Articles of Incorporation Of the*Corporation. ARTICLE XI The Articles of incorporation may at anytime and from time to time b6,amended.by the Board of Directors or by the City Council subject to such restrictions and.in accordance. -with such procedures as may .be. provided ir, the Bylaws of the Corporation; so long as the Articles of Incorporation as amended contain only such provisions as - ar e*lawful under the Act; IN WITNESS WHEREOF, we have hereunto set our hand this , 10th day of Dec'ember,-1979, Michael E one. Janes W. Ha� s T. K—Hayne.s THE STATE EOF.-TEXAS COUNTY: OF,LAMAR do hereby certify* IV -the . undersigned a Notary Public, December, 1979, personally appeared be that on the. - day of D JAMES W. FARRIS, and.T. K. HAYNES*# fore me: MICHAEL E. NALONFIT lared- that. ch.being, by me first duly sworn -severally dec who each Articles as in- s who signed the foregoing Ar they are the persons w corporatorso an d that 'the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year above written. Notary Pub Lamar County, Texas Ly. Commission Expires: M41 7 i ON, 7 A�Z BYL WS OF CITY OF PARIS 'INDUSTRIAL -DEVEI;OPMENT "CORPORATION ARTICLE I POWERS AND PURPOSES Section 1. Firiaiicin 'of Industrial" Develo merit Pro'*ects. j In order to implement the urposes or which the Corporation was formed as set forth *in the*. - Articles of Incorporation, the Cor- - poration shall issue obligations to finance all or part of the cost of one or more commercial, industrial or manufacturing pro- jects to promote and develop commercial, industrial and manufact- uring enterprises to promote and encourage employment and the. public welfare, pursuant to the provisions.of. the Development Corporation Act of 1979, Section 1 through 37, Article 5190.6,. Vernon's Texas Civil Statutes, ;t Section 2. Conditions Precedent to Issuance of-Obliga- tions. The Corporation shall.not issue any obligations unless. 1) The City Council of the City of Paris., Texas, a Unit under Article 5190.6; Vernon's Texas Civil Statutes, has approved by.written resolution any agreement to issue obligations adopted by the Corporation, which agreement and resolution shall set out the amount and purpose of the obligations. No issue of obligations, including re- funding bonds, shall be sold and delivered by.the Corpor- ation with a- written resolution of the City Council adopted no more than sixty (60) days prior to the date of sale of the obligations specifically approving the resolution of the Corporation providing for the issuance of the obli- gati.ons.; and 2) The Texas Industrial Commission, or the executive director thereof, has approved the contents of any lease, sale or loan agreement made by the Corporation under the Act in connection with the issuance of obligations by affirmatively finding that the lessee; purchaser or borrower has the business experience, financial resources and responsibility to provide reasonable assurance that all obligations and interest thereon -to be paid from or by reason of -such agreement will be paid as the.same be- come due. Section 3. Books and Records;. Approval of Programs and Financial Statements. The Carporation shall keep correct an complete books and records of account and shall also keep minutes of the proceedings of its-Board of Directors and committees having any of the.authori.ty of the Board of Directors. All books and re- cords of.the Corporation may be inspected by any director or hi.s agent or attorney for any proper purpose at any reasonable time; and at all times the City Council will have access to the books and records of the Corporation. The Unit shall be entitled to approve all programs and expenditures of the Corporation and ann wally review any financial statements of the Corporation_ Section 4. Non-profit Corporation. The Corporation shall be .a non -pmt corporation, an no part of its net earnings r' maining after payment. of -its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event the Board of Directors of the Corporation shall determine that sufficient provision has been made for. the full payment .of the _: 723 expenses, bonds and other obligations of the Corporation issued to finance all or part of the* cost of a project., then any net earnings-of the Corporation thereafter accruing with respect to said project shall be paid to the'Unit, ARTICLE II BOARD OF DIRECTORS Section 1. Poirers',' Number and Term of 'Office, The property and affairs of—the—Corporation sha 1 be managed and controlled by the Board of Directors and, subject to the restrictions imposed by law, the Articles of Incorporation and these Bylaws, the Board of Directors shall exercise all of the powers of. -the Corporation. The Board of Directors shall consist of seven (7) directors, .each of whom shall be appointed by the City Council.. The directors constituting the first Board'.of Directors shall be those directors named in the Articles of Incorporation, each of whom shall serve for six (6) years or until-his or her successor is appointed as hereinafter provided. Subsequent directors shall hold office for a term of six (6) years or until their successors are appointed as hereinafter provided. Any director may be removed.from office, by the City Council, for cause or at will. Section 2, Meetings bf Directors. The directors may hold their meetings at sue place or places in the State-of Texas, as the'Board of Directors may from time to'time determine; provided, however, in the absence of any such determination by-the Board of Directors, the meetings shall be held at the registered office of . the Corporation in the State of Texas. Section 3. Regular Meetings.- Regular Meetings'of the Board of Directors shall be held without necessity of notice at such times and places as shall be designated, from time to time, by resolution of-the Board of Directors Section 4. Sa�ecial Meetings.. Special Meetings of the. Board of Directors shall bld whenever called by the president, by the secretary,-by a majority of the directors for the time being in office or upon advice of or request by the City Council, The secretary shall give notice-to each director'of each Special Meeting in person, or by mail,.telephone or telegraph, at least two (2) hours before the meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the pur -. poses of the Corporation may be considered and acted upon at a Special Meeting. At any meeting at which every director shall be present,' 'even though without any notice, any matter.pertaining to the purpose of the Corporation may be considered and acted upon. Section 5. Quorum. A majority of the directors fixed by the Artie es o' Incorporation shall constitute a quorum for the consideration of matters pertaining to the purposes of the Corpor . ation. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board of Directors, unless the act of a greater number is required by law. �v d? r •a r r i j r 723 expenses, bonds and other obligations of the Corporation issued to finance all or part of the* cost of a project., then any net earnings-of the Corporation thereafter accruing with respect to said project shall be paid to the'Unit, ARTICLE II BOARD OF DIRECTORS Section 1. Poirers',' Number and Term of 'Office, The property and affairs of—the—Corporation sha 1 be managed and controlled by the Board of Directors and, subject to the restrictions imposed by law, the Articles of Incorporation and these Bylaws, the Board of Directors shall exercise all of the powers of. -the Corporation. The Board of Directors shall consist of seven (7) directors, .each of whom shall be appointed by the City Council.. The directors constituting the first Board'.of Directors shall be those directors named in the Articles of Incorporation, each of whom shall serve for six (6) years or until-his or her successor is appointed as hereinafter provided. Subsequent directors shall hold office for a term of six (6) years or until their successors are appointed as hereinafter provided. Any director may be removed.from office, by the City Council, for cause or at will. Section 2, Meetings bf Directors. The directors may hold their meetings at sue place or places in the State-of Texas, as the'Board of Directors may from time to'time determine; provided, however, in the absence of any such determination by-the Board of Directors, the meetings shall be held at the registered office of . the Corporation in the State of Texas. Section 3. Regular Meetings.- Regular Meetings'of the Board of Directors shall be held without necessity of notice at such times and places as shall be designated, from time to time, by resolution of-the Board of Directors Section 4. Sa�ecial Meetings.. Special Meetings of the. Board of Directors shall bld whenever called by the president, by the secretary,-by a majority of the directors for the time being in office or upon advice of or request by the City Council, The secretary shall give notice-to each director'of each Special Meeting in person, or by mail,.telephone or telegraph, at least two (2) hours before the meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the pur -. poses of the Corporation may be considered and acted upon at a Special Meeting. At any meeting at which every director shall be present,' 'even though without any notice, any matter.pertaining to the purpose of the Corporation may be considered and acted upon. Section 5. Quorum. A majority of the directors fixed by the Artie es o' Incorporation shall constitute a quorum for the consideration of matters pertaining to the purposes of the Corpor . ation. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board of Directors, unless the act of a greater number is required by law. �v d? r •a r r i 11 72� Section 6, - Conduct' "of Business. At the meetings of the Board of Directors, matters pertaining to the purposes-of the Corporation shall be considered in such order as from time to time the Board of Directors may determine. At all meetings of the Board of Directors, the president shall preside, and in the absence of the president, the vice- president shall ex'ercise' the powers of the president. The secretary of the Corporation shall act as- secretary of all meetings of the Board of Directors, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. Section 7. Executive Committee, The Board of Directors, by resolution passed by a majority o the _directors in office, may designate two or more directors to constitute an executive committee, which committee, to the extent provided in such re---,-' solution., shall have and may.exercise all of the authority of the Board of Directors in the management of the Corporation, except where action of the Board of Directors is specified by' law. The executive committee shall act in the manner provided in such resolution. The executive committee so designated shall keep regular minutes of the transactions of its meetings and ' shall cause such minutes to be recorded in books kept for.that purpose in the office of the Corporation, and shall report the same to the Board of Directors from time to time. Section 8. Compensation of Directors. Directors as such shall not receive any salary of compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. ARTICLE III OFFICERS Section I.. Titles and Term of Office. -The officers, of the Corporation shall be a president, a vice president., a secretary and a treasurer, and such other officers as the Board of Directors may from time to time elect or appoint.- One person may hold more _ than one office; - except that the.President shall not hold the: office of secretary.- Terms of office.shall not exceed three years All officers shall be subject to removal from office; with or without cause, at any time by a -vote of a majority . of- the en- tire Board of Directors, A vacancy in the office of any officer shall be filled by - a vote of a majority of the directors. Section 2. Powers and Duties of the President. The presidents a be the chief executive officer.of . the Corporation' and, subject to the Board of Directors, he shall be in general charge of the properties and affairs of the Corporation; he shall preside at all meetings of the Board of Directors; in furtherance' of the purposes of this Corporation, he may sign and execute all —' contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments in the name of the Corpor -. ation. Section 3. Vice President. The vice president shall have such powers and duties as may be assigned to him by the Board of t r 72:1 Directors and shall exexcise the powers of the president during that officer's absence'or inability to act, Any action taken by the vice president in the performance of the duties of the presi- dent shall be conclusive evidence of the absence*or inability to act of the president at th6 time. such action was taken, Sectiori 4, ' Treasurer. The treasurer shall have custody of all the • un s an`i­securities of the Corporation which come into his hands. Wheri necessary of proper, he may-endorse, on behalf of the Corporation, for collection, checks, notes, and other obligations and shall deposit the same.to the credit of the Corporation in such bank or banks or depositories as shall be de- signated in the manner prescribed by the Board of Directors; he may sign all receipts and vouchers -for payment made to the Cor- poration, either alone or jointly with such other officer as is designated by the Board of Directors; whenever required by the Board of Directors, he -shall render a statement of his cash account;.he shall enter or cause to be entered regularly in the books of the Corporation to be kept by him for that purpose ftill and accurate accounts of all monies received and paid out on account of the Corporation;.he - shall perform all acts incident to the position of treasurer subject to the control of the Board of Directors; he shall; if required by the Board of Directors, give such bond for the.faithful discharge of his duties in such form as the Board of Directors may require Section 5. Secretary. The secretary shall keep the minutes of all meetings of the Board of Directors in books provided for that purpose; he shall attend to the giving and serving of all notices; in furtherance of the purposes of -this Corporation, he may sign with the president in the name of the Corporation, and /or attest the signature thereto,_ all contracts, conveyances,,franch- ises, bonds, deeds, assignments, mortgages; notes and other in- struments of the Corporation; he shall have charge of the corporate books, records, documents and instruments, except the books of .account and financial records and securities of which the treasurer shall have custody and charge, and such other books and papers as the Board of Directors may direct, all of which shall at all reasonable times be open to inspection upon application at the office of the Corporation during business hours, and he shall in general perform all duties incident to the office of secretary subject to the control of the Board of Directors. Section 6. Compensation. Officers as such shall not re- ceive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. ARTICLE IV. PROVISIONS REGARDING ARTICLES OF INCORPORATION AND BYLAWS Section 1. Effective Date. These Bylaws shall become effective only upon*the occurrence of the following events: (1) The approval of these Byalws by the City Council of the City of Paris. (2) The adoption of these Bylaws by the Board of Director's. s with the City Council a written application requesting that the City Council approve such amendment to the'Arti.cles of Incorporation, specifying in such application the 'amendment or amendments proposed to be made.- If the City Council by appropriate resolution finds and-determines that it is advis- able that the proposed amendment be made,' authorizes the same to be made and approves the'form of the proposed amendment, the Board of Directors shall proceed to amend the Articles as pro- vided in the Act, The Articles of Incorporation may also be amended at any time by the City Council at its sole discretion by adopting an amendment to the Articles of Incorporation of the Corporation by resolution of the City Council and delivering the Articles of Amendment to the'Secretary of State as provided in the.Act. These Bylaws may be amended, provided that the Board of Directors files with the City Council a written application re :7, questing that the City Council approve such amendment to the Bylaws, specifing in such application the amendment or amend- ments proposed to be made. If the City Council, by appropriate resolution finds and determines that it is advisable.that the proposed amendment be made, authorizes the same to be made and approves the form of the proposed amendment, the Board of Directors shall proceed to amend the Bylaws, if the same is approved by a majority of said Board of Directors. Section 3.- Interpretation of Bylaws. These Bylaws and all the terms and provisions hereof shall e iberally construed to effectuate the purposes set forth herein. If any word, phrase,' clause, sentence, paragraph, section or other part of these Bylaws, or,the application thereof -to any person or circumstance, shall ever be held to.be. invalid or unconstitutional by any court of competent jurisdiction, the remainder of these Bylaws and the application of such word, phrase, clause, sentence, paragraph, section or other part of these_Bylaws to any other person or circumstance shall.not be affected thereby. ARTICLE V Section 1. Principal Office. The principal office of the Corporation small be located in City Hall, Paris' The Corporation shall have and continuously maintain in the State of Texas a.registered office, and a registered agent whose business office is identical with such registered office, as re- quired by the Act. The registered office may be', but need not be, identical with the principal office in the State, and the address of the registered office may be. changed from time to time by the Board of Directors, pursuant to the requirements of the Act. Section 2. Fiscal Year. The fiscal year of the Corpor- ation s aall'be as determin y the Board of Directors. Section 3. Seal. The seal of the Corporation shall be -as determine y the Board of Directors. Section 4. Notice and Waiver of Notice. Whenever any noti.c-e- whatsoever is required to be given under the provisions of the Act, the Articles of Incorporation or these Bylaws, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the per- son entitled thereto at his post office address,.asit appears on the books of the Corporation, and such notice shall'. be deemed to have been given on the day of such mailing. Attendance of a'director at a meeting shall consttute.a. waiver of notice ;of such meeting, , n 72-1 except where a director attends a meeting for the.express pur- pose of objecting to th6 transaction of any business on the grounds that the meeting is now lawfully called or convened. Neither the-business to be-transacted at nor the purpose of any Regular or Special Meeting of the Board of Directors need be specified in. the notice -or waiver of notice *of such meeting,' unless required by the•Board of Directors. A waiver of notice in writing, signed by the•person or persons entitled to said notice,- whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Section 5. Re's'ignations. Any director or officer may resign at any time. Such.Resignation shall be made in writing and shall-take effect at the time specified therein,- or, if no time be specified, at the time of its receipt by the president or secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided. in the resignation. Section 6..• Action Without a Meeting of Directors or Committees. Any action -which may be taken at a meeting of the Board Directors• or of any committee may be taken without a meeting if a consent in writing, setting forth the action to be taken, shall be signed by all of the directors, or.all of the members of the committee, as the case may be. Such consent shall have the same force and effect.as a unanimous vote and may be stated as-such in any articles or document.filed with the Secretary of State, the Texas Industrial Commission or any other person. Section 7. ..Approval or Advice and Consent of'the Governin B°dy. To the extent that.these Bylaws re er to any approval by the Unit or refer to advice.and consent by the Unit, such advice and.consent shall be evidenced by a certified copy of a resolut- ion, order or motion duly adopted by the City Council of the City of Paris. Section 8.* Organizational Control. The Unit, may, at its sole discretion, and at any time, alter or change the. structure, organization, programs or activities of the Corporation (including the power to terminate.the Corporation), subject to any limitation on the.impai.rment of contracts entered.into by such Corporation,. Section 9. Dissolution of the-Corporation. Upon dissolution of the Corporation, title'to or other interests in any real or personal property owned by the Corporation at such time shall vest in the Unit. Resolution No. 1993 authorizing the Mayor to execute on- behalf of the City of Paris a contract with the Chamber of Commerce of.Lamar County to use Hotel Occupancy Tax funds for promotion and advertising the City of Paris, for a two year period ending December -31, 1981 was presented. A'motion was made by Councilman Farris, seconded by Councilman Burnett for adoption of the Resolution. The motion carried 7 ayes, 0 nays. ti • •F % ` (U RESOLUTION NO, 1993 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No, 1839 authorize the contracting with the Chamber of Commerce of Lamar County to use hotel occupancy tax funds for promoting and advertising the City of Paris, which contract expires on the 31st.day of December, 1979; and, WHEREAS, the City Council is pleased with the accomplish- ments through the use of the hotel occupancy funds and is . desirous of renewing the contractual arrangement with the Chamber of Commerce of Lamar County, for a term of two (2) years, beginning January 1, 1980 and ending December 31, 1981; and, WHEREAS, the Mayor of the City of Paris, Michael E. Malone, does hereby recommend for appointment for the Councilman position of said Committee, George Fisher, Jr. to.serve through December 31, 1981; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS$ That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized to execute on behalf of the City of Paris, a contract with the Chamber of Commerce of Lamar County, -upon the terms and conditions and in the form attached hereto as Exhibit "A", BE IT FURTHER RESOLVED, That a committee, be., and the same is hereby appointed, consisting of the Mayor of the City of Paris, the City Manager or Acting City Manager of the City of Paris, and Councilman George Fisher, Jr. to serve as the committee to review and approve the proposed program of work of the Chamber under said contract. Passed.and adopted this 10th day of December, 1979. r 729 - CONTRACT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:. COUNTY OF LAMAR . That the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor,.duly authorized, hereinafter called City, and the CHAMBER OF COMERCE OF LAMAR COUNTY, a corporation, acting by and through its.President,. duly authorized, hereinafter called Chamber in consideration of the mutual covenants, agreements, st ipulations and payments, hereby contract and.agree as followsi 1. That Chamber .agrees to maintain a, visitors and, convention council for the purpose of promoting and. advertising the City of Paris in developing an annual program -of work. 2. That Chamber shall submit for approval a proposed. annual program of work to.a committee composed of the Mayor of the City of Paris, one City Councilman and the City Manager each year on or before l December, which program of work shall include proposed expenditures of funds provided under this contract, and shall submit for approval to said committee any proposed amendment to said.program of work a. minimum of thirty (3Q) days before the proposed :effective date of such amendment 3. That the Chamber's.established visitors and conven -. tion council shall meet at least quarterly and within thirty . (30) days after the end of each quarter, shall submit minutes onvention council meeting and a financial of the visitors and c report to the City Manager of the City of Paris. !. That Chamber shall be considered an independent contractor.for the purpose of this contract and shall in no manner incur expenses or liability on behalf of City. 5.. That Chamber agrees to hold City harmless from any and all claims by third parties for injuries, damages or x 75-1, y7 EXHIBIT o .�.��•- � °air �-- - _ _ _ �- tea:--- � --•—• .:- - _ �- - ry - ems, ,,,.,�«..r.•• -^ __ ir s ..�.w- i'.a,r ,m...x. -� r„x.�',:i�e. *3. liability that might occur as a result of actions by Chamber in connection with this contract. 6. That Chamber shall receive and deposit all funds provided herein in a separate banking account in such a manner as to preclude commingling of these funds with other funds.of said Chamber. 7.. That'in order to provide funds necessary to carry out the promotion and advertising of the City of Paris, Chamber shall be paid from money collected by the City under Article III of*Chapter 28; Code of -Ordinances of City of Paris, pursuant to the approved program of work. The City shall retain 5% of quarterly collections under Article III of Chapter 28, Code of Ordinances of City of Paris, to cover the costs of collection of.said tax, provided, however, that the - amount for collection-of said tax may be changed by the City Council upon a showing that the actual cost of.sad collection is more than 5 %, City shall pay over tax funds collected to Chamber within ten (10) days after the collection thereof as provided in Section 28 -14 of the Code of Ordinances of the City of.Paris. 8.- 'That.money paid to Chamber as a result of this contract shall be.used only.for. the purposes enumerated in Section 28 -12 of the Code of Ordinances of .the City of Paris. Chamber agrees to furnish an audit to City showing the manner and amount of- expenditure of these funds within a reasonable - period of time after the close -of the Chamber's fiscal year_ 9. That Chamber will at_the same time of presentation of the above .described audit provide a report of its activities with regard to the use of the funds herein provided for, in order that City may evaluate the results of the promotion and advertising campaign so conducted. - _ 10, That Chamber may '-secure and pay for, out of funds herein provided; the services. of individuals or-corporations to promote and advertise the .Clay of Paris. 11; That the term of this contract shall be fora be iin January 1, 1980. and ending term of two. (2) y ears, nn g • g . December 31, 1981, Executed on the dates shown in the acTcnojaledgements below. = _ e CITY OF PARIS BY Mc j 7, a one, ayor ATTEST; H. C. Greene, City Clerk ,APPROVED AS TO FORM: T, Kt. Haynes, City Attorney CHAMBER OF COMMERCE. - Ok` LA14AR COUNTY Pat �.. Bassano, President 1` . ATTEST: Patrick Ryan, Secretary APPROVED AS TO FORM: l zn; ttorney Y c aug _ ...... - �. -- __ ' _. , .. . _ "_ :F..+ -." +`s. i:'++'- Len- -.•. =+ _ Y g �' v 3. - "`.."•r"'...P'1I'e- -t. 'w .��r�~ii.'�i...� +.'�" -.n, z yr •. - - -.... - . ' ? � -ate - _ ►Mayor °Malone called for tabulation of bids for 2 ton pickup for the Traffic Department and the following bids were received: Morphew Buick -GP-RC $4,999.67 (did not meet Specs) Kosterman Hotor Company $5,150.00 Bill Booth Motors $5,003.29_ A motion was made by Councilman Burnett, seconded by Councilman Williams to accept the bid of Bill Booth Motors in the amount of $5,003.29. The motion carried 7 ayes, 0 nays. Mayon Malone ea1l . for the tabulations of bids for 5,500 feet of b'. Plastic Water Pipe and the fol=lowing bids wero received: Trans -Tex Supply Cp., Richardson Tx. $181,095:00 5,500' @ 3.29 (2% Discount 10th) Waterworks Supply Co., Texarkana,. Tx. $20,404.80 6,240` @ 3.27 (2% Discount 10th) City flanager Sokoll advised that Trans -Tex Supply should be awarded the bid in that Waterworks Supply Company had not bid on exact quantity. A motion was made by Councilman Francis, seconded by Councilman Burnett approving the bid of Trans -Tex Supply Company in the amount of $18,095.00. The motion carried 7 ayes, 0 nays. City Manager Sokoll advised the Council of the availability of funds from the Texas Department of Community Affairs for 701 Comprehensive Planning Assistance for Master Plan up -date, and recommended. the City's application for such funds.. Resolution No. 1994 authorizing the City Manager to make application to the Texas Department of Community Affairs for 701 Comprehensive Planning Assistance was presented. A motion was made by Councilman Burnett, seconded by Councilman Williams for adoption of the Resolution. The motion carried 7 ayes, 0 nays. k 73:3 734; RESOLUTION NO. 1994 . WHEREAS, the Texas Department of Community Affairs will have funds available for Master Plan update to 701 Comprehensive Plans for 1980; and, WHEREAS, the City of Paris Master Plans were prepared in 1964 or earlier; and, WHEREAS, said plans have not been kept current, and there is need for review and update; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Department of Community Affairs for a 701 Comprehensive Planning Assistance Grant in the amount of .$12,000.00, being two- thirds of the estimated cost of the Comprehensive Plan update, with the City of " Paris providing $6,000.00 in in kind services and funds. 2. That Joe N. McCollum, Director of Community Development, be, and he is hereby appointed Project Director for the Comprehensive Plan Project. 3. That H. C. Greene, Director of Finance of the City of Pn-rig he - anti lip in hPrPhv nn-nni nt-Pri Fi nnnri ai 7 .a Resolution No. 1995 appointing Kenneth King, Alton Ness and Johnny Bell as members of the Building Commission for a term of two years beginning January 1, 1980 and appointing George Crane as a member of the Building Commission for a term of four years beginning January 1, 1930 was presented. A motion was made by Councilman Williams, seconded by Councilman Burnett for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 1995 WHEREAS, the terms of Doyle Whitaker, Donald Stone and. Nathan Bell, as members of the Building. Commission will expire on December 31, 1979, and the classification of Electrician is vacant, and it is right and proper that these vacancies be filled; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Kenneth King, 'Alton Hess and Johnny Bell, be, and they are hereby appointed as members of the Building Commission under the classifications of Home Builder, Plumber and Realtor, respectively, for a term of two (2) years, beginning January 1, 1980 and ending December 31, 1981, and that George Crane, be, and he is hereby appointed as a member of the Building ,Commission under the classification of Electrician for a term of four (4) years, beginning January 1, 1980 and ending December 31, 1983. Passed and adopted this 10th day of December, .1979. I 1 Michael E. Malone, _ Mayor ATTEST H. C. Gre ne, City Clerk APP 0 / TO FORM: T. K. dynes, City Attorney Resolution No. 1996 re- appointing Frank Horne, George Crane, Bill. Adams and Thomas Robinson to serve as members of the Electrical Board for a term of two years beginning January 1, 1930 was - presented. A motion was made by Councilman Burnett, seconded by Councilman Farris for adoption of the Resolution. The motion carried 7 ayes, 0 nays. {. .� awl '" ✓Xt i Yi ". - _ -+' Cm•�^ � �' c°w- ^Jr'�-^a'�-���v�3Y'°"v^'z'u W' v+"^s" 4Y= '�Y.+r"'^'..- +�.- 4a�sv�+� -+v ' - - y r �t .: � .�5 "^y."�. . _.f'° -. '."�.�.� -. `�- %w'.T_'N^�- .�{%se.°. �M:- +'�.r -.••" .v —n mow..,, _ - W- +.kw�'1f. �...�3....- .i+.Y.L: ,e.- MwYtri+' ^. :/ „*'aW,� �'•2`aw.Me.R �MRt. '{�-wa :;T~- - r eY.w �SYi '.ate "'S, .., �"3Tc^�c°i, R°.° _ .�, -,,-� ..._ .._s' •,+a:7 -'i#° .xx - ---kF "i- ,-° - .ac - ,- --”- -. _`°C" � '°.�'e.' --- ...- -E ,— §�""� -.-- -t "rc'.�— .Y.r��' .�. "'+w`r` _ RESOLUTION NO. 1996 . WHEREAS, the City of Paris, by its adoption of an Electrical Ordinance, provided for the appointment of an Electrical Board; and, WHEREAS, the terms of office of Frank Horne, George Crane, Bill Adams and Thomas Robinson, Members of said Board, will ex- pire on December 31, 1979; and, WHEREAS, the Mayor of the City of Paris, Michael E. Malone, has recommended to the City Council the re- appointment of Frank Horne, George Crane, Bill Adams and Thomas Robinson, to serve as members of the Electrical Board, for a term of two (2) years, beginning January 1, 1980 and ending December 31, 1981; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the recommendation of the Mayor be accepted and approved, and that the re- appointment of Frank Horne, George Crane, Bill Adams and Thomas Robinson, as .Members of ' the Electrical Board, for a term of two (2) years, beginning January 1, 1980 and ending December 31, 1981, be, and the same are hereby made. Passed and adopted this 10th day of December, 1979. r" Michael E. Malone, Mayor ATTEST: H. C. r ene, City Clerk APPROVED S O FORM: K. aynes, 'City Attorney -73 RESOLUTION NO. 197 WHEREAS, Article 4436a -1, Vernon's Texas Civil. Statutes requires that the Advisory Board. of Health of the City of Paris. and County of Lamar shall consist of seven (7) members who are resident citizens of Lamar County who have resided within the County for a period of more than three (3) years next preceding the time of their appointments; and, WHEREAS, the terms of office of Mrs. Printis Ellis and William Leon Kelley will expire on December 31, 1979, and it is necessary to replace or re- appoint two persons to fill the vacancies created by the expiration of their terms; and, WHEREAS, the Mayor of the City of Paris, Michael E. Malone, has recommended the re-- appointment of Mrs. Printis Ellis and ' William' Leon Kelley, * who continue to be qualified, to serve on said Advisory Board of Health of the City of Paris and County and Lamar,. for a term of two (2) years, beginning January 1, ending December 31, .1981; NOW, THEREFORE, BE IT. RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARTS, That Mrs. Printis Ellis and William Leon Kelley be re- . appointed as members. to serve on the Advisory Board of Health of the City of Paris and County of Lamar for a term of two (2) years, beginning January 1, 1980- and ending December 31, 1981. y th i a i nth day of December, 1979. Approved by the Commissioners Court by adoption of the above resolution on the day of - , - 19 , as reflected in Book Page of the Minutes of said Commissioners Court, Brady Fisher, County Judge, Lamar County, Texas - �.....-_ ..,_...-- '°- '.`'- 'a..�'�- '��.g� ,a s�e+�..c� -S' ,� � z"w�w.•g� �a �- :?d�e.'� .yo- ,s ;fin °,+5...�r =•x-- •:"+'�. - ;.'� -�� � ��At�s.. ��'+.y -yr _..�. ,.s.� d:Mks� �k'.— .a-K fie:.. srr�• � �— ".�.�.e°z�w; � t�` *�'k.,'.. � e. -�ro,.0 r Resolution No. 1998 re- appointing Horner Thornton and Victorene Young to serve as members of the Planning and Zoning Commission of the City of Paris for a,term of three years beginning January 1, 1980 was presented. A motion was made by Council- man Burnett, seconded by Councilman Kyle for adoption of the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 1998 WHEREAS, the terms of office of Homer Thornton and Victorene Young, as members of the Planning and Zoning - Commission of the City of Paris, Paris, Texas, will expire on December 31, 1979, and it is necessary to appoint their- suc- cessors, and the Mayor of the City of Paris, Michael E. Malone, having re- appointed Homer Thornton and Victorene Young, to serve on the Planning and Zoning Commission of the City of Paris, for three (3) years, beginning January 1, 1980 and ending December 31, 1982, and has submitted the names of such per- sons to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the re- appointment of Homer Thornton and Victorene Young, to serve as members of the Planning and Zoning Commission of the City of Paris, for a term of three (3) years, beginning January 1, 1980 and ending December 31, 1982 -, is by the City Council of the City of Paris hereby approved and confirmed. - Passed and adopted this 10th day of December, 1979. { ' Michae E. Malone, Mayor /,-`1ATTEST:t H. C. Gm6ene, City Clerk APP OVED TO FORM: ..Haynes, City Attorney 739 Resolution No. 1999 appointing Ronnie Nutt as a member of the Traffic Commission of the City of Paris for a term of three years beginning January 1, 1980 was presented. A motion was made by Councilman Parris, seconded by Councilman Francis for adoption of the Resolution. The motion carried 7 ayes, 0 nays.- RESOLUTION NO. 1999 . WHEREAS, the term of office of Leon Williams, as a mem- ber of the Traffic Commission of the City of Paris, will expire on December 31, 1979; and, WHEREAS, the Mayor of the City of Paris,. Michael Malone, has appointed Ronnie Nutt and submitted his name to the City Council of . the City of Paris to be approved and confirmed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the appointment of Ronnie Nutt, to serve as a member of the Traffic Commission of the City of Paris, for a term of three (3) years, beginning January 1, 1980 and ending December 31, 1982, be, and the same is hereby approved and confirmed by the City Council of the City of Paris. _ Passed and adopted this 10th day of December, 1979. Michae E. alone, Mayor ATTEST: H C. G ne, City Clerk APPROVED S TO FORM: T. K.' aynes, City Attorney Resolution Pdo. 2000 appointing Spencer Abbett as a member of the Board of Directors of the Paris Hospital Authority to serve the unexpired term of H. D. `lisso a:hich ended June 30, 1981 eras presended. A motion eras made by Councilman Burnett, seconded by Councilman Farris for adoption of the.Resolu- tion. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 2000 WHEREAS, the City Council of the City of Paris did in Ordinance No. 2320 establish the Paris Hospital Authority, to be governed by a Board of Directors consisting of seven (7) mem- bers, whose terms are for two (2) years; and, WHEREAS, M. D Misso has resigned as a member of such Board, and . it is necessary that his successor be appointed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Spencer Abbett, be, and he is hereby appointed as a member of the Board of Directors of the Faris .Hospital Authority, to serve the unexpired term of M. D. Misso, which ends June 30, 1981.' Passed and adopted this 10th day of December, 1979. , IIN t 1 t Mich ael E. Malone, Mayor ATTEST: H.'(,. Gr ene, City Clerk APP OVED S TO FORM: F. h.' aynes, City ttorney 74 _ P.9, Resolution NO. 2001 appointing 14. R. Phillips, d. as City Health officer for a term of two years beginning January ilm3 Farr Risefortadopt on Of A'motion Resolu- by Councilman Burnett, seconded b,/ Coun c nn tion.... The motion carried 7 ayes, O'nays. RESOLUTION NO. 2001 . WHEREAS, the term of office of W. R. Phillips, M. D., as City Health Officer, will expire on December 31, 1979; and, . WHEREAS, it is necessary and appropriate that the City Council of the City of Paris act under the authority granted in Article 4425, Vernon's Texas Civil Statutes, and appoint a City Health Officer; and, WHEREAS, the Mayor of the City of Paris recommends the appointment of W. R. Phillips, M. D. as City Health Officer for a two year term, :beginning January 1, 1980; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That W. R. Phillips, M. D., be, and he is hereby appointed to the office_ of City Health Officer to serve from January, 1, 1980 through December 31, 1981. -- ' Passed and adopted this 10th day of December, 1979. l Michae .Malone, Mayor ATTEST: H. . G eene, City Clerk APPROVED TO FORM: YT—. _ ���.✓.-�^ sue- a- a,.,K._ S°' � ,mzuic,.,.�,.., �.,. � x,.. .ant'�a''�a+.� ' a.<s -z: _ - war :`�°r,�C"v -,c .�..?�"e�'A, `.F _ '"',r "4 «. - .s.- -t Resolution fro 2002 re- appointing Charles Casey and C. D. Hilburn as members of the Firemen's and Policemen's Civil Service Commission of the City of Paris to serve for a three year term beginning January 1, 1980 4Jas presented. A motion vias made by Councilman Farris, seconded by Councilman Kyle for approval of the Resolution. The motion carried 6 ayes, 1 nay, Councilman Williams voting nay. RESOLUTION NO. '2002 . WHEREAS, the terms of office of Charles Casey and C. D. Hilburn, as members of the Firemen's and Policemen's Civil Service Commission of the City of Paris, will expire on December, 31, 1979, and the City Manager of the City of Paris, Robert W. Sokoll, having re-appointed Charles Casey and C: D.' Hilburn for a term of three (3) years and has submitted the names of such persons to the City Council of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the re- appointment of Charles Casey and C. D. Hilburn, as members of the Firemen's and Policemen's Civil Service Commission of the City of Paris, to serve for a term of three (3) years, beginning January 1, 1980 and ending December 31, 1982, is by the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this 10th day of December, 1979. or Michael E. Malone, Mayor ATTEST: H. C. Gr ene, City Clerk APPROVED AS TO FORM: r T. K. 14ayn6s, City Attorney Resolution ado. 2003 reappointing Cedric Townsend as Municipal Judge for a two year term beginning January 1, 1930 was presented. A motion was made by Council - man .1Burnett, seconded by Councilman t4illiams for adoption of.the Resolution. The motion carried 7 ayes, 0 nays. RESOLUTION NO, 2003 WHEREAS, the term of Cedric Townsend, as Municipal Judge in the City of Paris, will expire on December 31, 1979; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Cedric Townsend, a resident of the City of Paris, be, and he is hereby re- appointed to serve as Municipal Judge, for the term beginning January 1, 1980 and ending December 31, 1981, at such salary as the City Council may fix from time to time during such term. Passed and adopted this 10th day of December, 1979. MichaMalone, Mayor ATTEST: H. Gr ene, City Clerk AP ROVE S TO FORM: T. . Hayn s, City Attorney Director of Community Development, Joe McCollum, appeared before the Council and discussed the Community Development Block Grant and stated that it appeared that the City might have to adopt a Fair Housing Ordinance as interpreted by the execution of a Certificate of Assurance by the Housing and Urban Development Department. There being no further business, the meeting adjourned. MICHAEL E..MALONE, MAYOR ATTEST: H. C. GREENE, CITY CLERK a ' � - -�.1..:- >�.hw.�•w.�+e+•+- .� =+em �Y '��� +.- ..-- J,..+- _•-... n..rynw.r-0s5. %.» _.._ayy.�y «.`C� -• ..'e..."s� E —»..T '"tea+_•-« - -a'�'�'�3,._.� a. -Y« •�`.�� - ,...,z �"� __-°e Le .z.�x � _ -F �.— ';: � s.» 1�- -� �.as��.� aarer�i �s;''� .n•y�,"'�t'+SK � ..�±.� �..w...s�`.� f MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL December 12, 1979 The special Council meeting of the City of Paris irras held Wednesday December, 12, 1979 at 4:40 P. M. Mayor Malone called the meeting to order with the followinq Councilman present: B. J. Burnett, Ron Kyle, W. C. Francis. Also present were City Manager, R. W. Sokoll, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. City Manager Sokoll advised the Council that the special Council meeting had been called at the request of the Subdividers to discuss subdivision regulations and street standards. Director of Public Works, Gunn, advised the Council that plans had been approved for a subdivider to construct a concrete street and that he had placed a requirement for a steel re- inforcement to be placed in the concrete street which was not called for in subdivision regulations. Councilman Williams entered the council chamber and assumed his seat at the council table. Mr. David Glass appeared before the Council stating that two problems existed in subdivision regulations that being, one, base under the curb and gutter and, t^io, cost of asphalt street versus cement streets. Mr. Glass recommended the. removal of the eight inches of base material under the curb as now required. Mayor Malone stated that the question now appeared to -be, should the City participate in the cost of steel in a concrete street. Mr. C. L Walker appeared before the Council stating that it is his opinion that re- inforcement is superior in concrete streets. Councilman Williams stated that it was his,opinion that the City should participate in the cost of the re- inforcement steel in concrete streets: After discussion, it was the consensus bf the Council tb request the City Engineer to study and recommend standards with the purpose of changing the Ordinance on street standards. There being no further business, the meeting adjourned. ATTEST: H. C. GREENE, CITY CLERK J A; � e ba .. ... .LL �':' `kii.Q"°Y.��gec:.y by '`�� »"7°'�3fi"A's� --- �'''•° ---' g ° 4ks � � '? s� L � ,x _..,, -, ' MINUTES OF THE SPECIAL COUNCIL MEETING OF THE CITY OF PARIS December 26, 1979 'lie special Council meeting of the City of Paris was held Wednesday, December 2, 1979 at 5:15P. 11. Mayor Malone called the meeting to order with the follow- ing Councilman present: B. J. Burnett, Ron Kyle, Ind. C. Francis, Walter F. Williams, and George Fisher. Also present were City Manager, R. W. Sokoll, City Attorney, T. K. Haynes, and City Clerk, H. C. Greene. Mayor Malone announced that the special Council meeting was called for the purpose of consideratiog the up- dating of the Texas Municipal Retirement System for present and retired City employees. City Manager Sokoll advised that two City Ordinances had been prepared, number one, allowing up -dated service credit and an increase of 20% in the retirement income of retired City of Paris Employees, and two, increasing the contribution of the City to 150% of City employees contribution. ORDINANCE NO. 2480 AN ORDINANCE OF THE CITY'OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISION SECTIONS 2 -22 AND 2 -23 OF SATO CODE; PROVIDING FOR AN INCREASE OF 20% IN THE RETIREMENT INCOME OF RETIRED CITY OF PARIS EMPLOYEES WHO ARE MEMBERS OF THE TEXAS (MUNICIPAL RETIREMENT SYSTEM; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1, 1930. was presented. motion was made by Councilman Fisher, seconded by Countilydan Kyle for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 2481 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVIST"11 SECTION 2 -19 OF SAID CODE; PROVIDING THAT THE CITY OF PARIS INCREASE ITS CONTRIBUTION TO EACH MVvIBER`S ACCOUNT TO 150 %; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1, 1980. was presented. A motion was made by Councilman Kyle, seconded by Councilman Fisher for adoption of the Ordinance. The motion carried 6 ayes, 0 nays. Discussion was had concerning the revising of subdivision regulations pertaining to street construction. City Attorney Haynes advised the Council that in his opinion certain other parts of the subdivision regulations should be considered . revising and read a list of the proposed revisions. Councilman Fisher departed the Council chambers. After discussion, a motion was made by Councilman Francis, seconded by Councilman Burnett authorizing the preparation of an Ordinance for consideration of the Council in up- dating subdivision regulations. The motion carried 5 ayes, 0 nays. ST _. PT G` 7AlU- There being no further business, the meeting adjourned. ATTEST: H. C. GR ENE, CITH CLERK MICHAEL E. F COME; ?- -IAYOR