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1977
88; MINUTES OF THE REGULAR MEETING OF'THE'OITY COUNCIL January 10, 1977 The regular meeting of the City Council was held on January 10, 1977 at 7:n0 P. M. Mayor James M. Brunette called the meeting to order with the following Councilmen present: George Fisher, Jr., David Philley, Freddie Swaim, Jimmy Don Stone, and - —" Halter F. Williams. Also present were City Manager K. R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene. Prayer was offered by Councilman Walter Williams. Mayor Brunette asked if there were any additions or corrections to the minutes of the previous meetings'as furnished the members of the Council, and City Clerk Greene advised that a typographical error occurred in the bids submitted for the Sanitary Landfill work, that being the David Buster Construction Company listed as $61,858.60 should be $61,658:60: The minutes were then approved.._ Mayor Brunette announced that the -first order of business would be consideration of recommendations made by the Planning and Zoning Commission. Mayor Brunette declared the public hearing open on -the -petition of -Glenn Smallwood for a change in zoning from a One -Family Dwelling District No. 2 to a General Retail District on Lots 2 and 3, City Block 249. Mayor Brunette -called for proponents to appear, and Mr. Glenn Smallwood appeared in his own behalf. Mayor Brunette called for -opponents to,appear, and -none appeared. Mayor Brunette declared the public hearing closed, and Ordinance No. 2309: "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 V GENERAL RETAIL DISTRICT (GR) ON LOTS 2 AND 3, CITY BLOCK 249,'ON PROPERTY BELONGING TO GLENN SMALLWOOD, SO AS TO INCLUDE THEREIN TERRITORY'FORMERLY DESIGNATED AS A ONE -FAMILY D11!ELLING 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 Williams and-seconded'by Council- man Fisher for the adoption of -the -ordinance. The motion carried: 6 ayes, 0 nays. Mayor Brunette declared the public hearing open on the -annexation of tracts on U. S. Highway 82, west of the Central Freight Lines property owned by John Webster and Lisle Mullins., City Manager Sweatt advised that after public hearing was called on this matter, an additional tract -of land owned by Mr. Brockway was re- quested for annexation also, and as this tract is contingious to the Webster and Mullins tracts, those owners had -indicated they would like for all of the area to be considered together. Mayor Brunette -declared the public hearing closed. A motion was made by Councilman Williams and seconded by Councilman Fisher to defer action on the Webster and Mullins tract. The motion carried: 6 ayes, 0 nays. City Manager Sweatt presented a request from Mr. Genc t-"c4aters for annexation of additional property located on Highway 82, west of the Gordon Lake Road and being 82.3 acres of land. City Manager Sweatt advised that the tracts of the Webster, Mullins, and Brockway property along with Mr. Gene Mcwaters property could be included in one annexation procedure. Ordinance No. 2310: "AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF PARIS AND THE CITY COUNCIL OF THE CITY OF PARIS ON THE PROPOSED ANNEXATION -OF CERTAIN PROPERTY BY THE CITY OF PARIS, PARIS, TEXAS, AND APPROPRIATE ZONING UPON ANNEXATION, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS." was presented. A motion was made by Councilman Swaim and seconded by Councilman Philiey for the adoption -of the ordinance. The motion carried: 6 ayes, 0 nays. City Manager Sweatt presented a re -plat of Lots 8, 9 and 10, Block. K,. Morningside Estates -No. 5 and recommended., its approval. A motion -was made -by Councilman Fisher and seconded by Councilman Swaim to approve -the re -plat. The motion carried: 6 ayes, 0 nays. City Attorney Haynes presented a petition for re -zoning from Pete and Florence John- son for Lot 1, City Block 199, from Two -Family Dwelling. District to General Retail District. Mayor Brunette 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. ` City Manager Sweatt reviewed requests presented to the Traffic Commission by in- terested.citizens for signal lights at 24th S. E. and.25th N. E. at Lamar Avenue. City Manager Sweatt advised that funds had not been budgeted in the current year for installation of these signals and that heretofore minimum warrants had not been met but current counts indicated the warrants were met. It was the opinion of the Council to request the.Traffic Commission to continue study of the matter with con- tinued observance of warrants at the intersections with report timely with FY 77-78 budget considerations. City Manager Sweatt reported actions of the Traffic Com- mission concerning the signal light at Pine Bluff and 11th Street N. E. and ad- vised that the Traffic Commission had recommended that the signal remain in its present configuration with the provision the red time be extended from 15 seconds. to 20 seconds and that an educational. program be conducted for the students at the school on traffic related matters: After discussion, a motion was made by Council- man Philley and seconded by Councilman Fisher to endorse the Traffic Commission's report for the signal to remain in its present configuration and to increase the red time from 15 seconds to 20 seconds and that an educational program be provided for the students at the school. The motion carried: 6 ayes, 0 nays. Mayor Brunette called for a report from the committee appointed to study the Land- fill's service charges. Councilman Williams, Chairman -of the committee, made the following report and recommendations: 1. That a charge of 70t per cubic yard be established as the deposit fee for each cubic yard delivered to the landfill. site for the purpose of defraying a portion of the operating cost to dispose of such material. 2: That a charge of -$1.00 per tinter meter account per month with an additional charge based on overall city occupancy rate per living unit for multi -family accounts be established as a service fee to defray portions of the capital and renovation costs associated with maintaining fill sites in accordance with federal and state regulations. 3. That current -regulations relating to commercial-haul.ing:vehicles be amended to allow the use of tarpaulins as cover in addition to the present means. 4. That an ordinance be prepared -to require secure covering of all garbage trash, etc., while in transit to apply -to all garbage, trash hauling,by individuals or firms. Councilman -Williams -also advised that his committee.recommended-that public hearing be scheduled by the City Council -for 7:00 P..M., January 17, 1977 for discussion ` of the recommendation. Councilman Phiiley also noted that the committee favored charges to apartments and trailer parks commensurate.with._their average occupancy. Mayor Brunette called for a public hearing on.the recommendations of the Landfill Study Committee at -a special meeting at 7:00 P. M., -January 17, 1977. Mayor Brunette called -a public hearing open on the anti -recessionary fiscal assis- tance fund: City Manager Sweatt presented_a proposed budget and requested that the public hearing be continued to the special meeting called for January 17, 1977 at 7:00 P. M. Mayor Brunette declared the public hearing continued to January 17, 1977 at 7:00 P. M. Mayor Brunette called for bids received for the sale of City surplus property, and City Manager Sweatt recommended.that the following high bids be approved with the exception of an item listed -.as a Barber Green ditching machine and that this itein be retained by the City and bids be.rejected on this item: Item 1. Case Shredder - $75.00 - Pled Jenkins Item 2. 1963 Ford Pickup - $200.00 - Jesse Hodges Item 3. 1968 GMC Dump Truck - $318.00 - Autry King Item 4. Airport Service Vehicle - $425.00 - I. M. Burchinal Item 6. 1966 Ford Pi=ckup - $100.00 - Jesse Hodges Item 7. 1962 Ford Pickup - $100.00 - Jesse Hodges Item 8. International Riding Mower - $100.00 - Ned Jenkins Item 9. Pump [louse & Water Tank - $132.50 - Ned Jenkins 8��� A motion was made by Councilman Fisher and seconded by Councilman Stone to approve the high bids as listed with the. exception of Item 5, Barber Green -ditching machine. The motion carried: 6 ayes, 0 nays. A notion was made by Councilman Philley and seconded by Councilman Fisher to re- ject the bid on the Barber Green ditching machine. The motion carried: 6 ayes, 0 nays. City t-ianager Sweatt reviewed the tabulation of bids received fora truck, chassis and cab, and body for Sanitation Department and advised that only one bid for a sanitation body had been received, and that that bid be rejected and the items be rebid. A motion was made by Councilman Swaim and seconded by.Councilman Philley to approve the recommendation of the city manager. The motion carried: 6 ayes, 0 nays. A motion was made by Councilman Williams and seconded by Councilman Fisher to re- ceive bids for chassis and cab and the packer -type body for the Sanitation Depart- ment on February 9, 1977 at 10:00 A. M. and referred to the City Council at its meeting on February 14, 1977. The motion carried: 6 ayes, 0 nays. City Manager Sweatt advised the Council that a resolution had been prepared at the request.of Missouri- Pacific Railroad as an agreement for the City to pay full cost for signal installation at the railroad tracks on Collegiate Drive. Resolution No. 1780, authorizing Mayor Brunette to execute on behalf of the City of Paris with the Missouri Pacific Railroad the contract for construction and installa- tion of cantilever mounted flashing lights signal at Collegiate Drive crossing of said railroads right-of-way, was presented. A motion was made by Councilman Philley and seconded by Councilman Swaim to defeat.the resolution. The motion carried; 6 ayes, 0 nays. A motion was made by. Councilman Williams and seconded by Councilman Fisher to limit the contract with -the railroad to $29,600.00. The motion carried: 4 ayes, 2 nays, Councilman Philley and Councilman Swaim voting nay. A motion was made by Councilman Williams and seconded by Councilman Fisher to approve Resolution No. 1780, limiting the contract to $29,600.00 as attached to Resolution No. 1780. The motion carried: 4 ayes, 2 nays, Councilman Philley and Councilman Swaim voting nay. 84f.� RESOLUTION NO. 1750 . WHEREAS, the City Council of the City of Paris has for the past several years been desirous of effecting the installation of flashing light signals at Collegiate Drive's crossing of the Missouri Pacific Railroad Company's right of way; and, WHEREAS, said Missouri Pacific Railroad Company is now ready to enter into a contract with the City of Paris for the installation of cantilever mounted flashing light signals at such crossing upon the terms and conditions and in the form attached hereto as Exhibit A NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, James M. Brunette, be, and he is hereby authorized and directed to execute on behalf of the City of Paris with Missouri Pacific Railroad Company, the contract for the construction and installation of cantilever mounted flashing light signals .at Collegiate Drive's crossing of said Railroad's right of way, upon the terms and conditions and in the form attached hereto as Exhibit A. Passed and adopted this 10th day of January, 1977. A Ja es . Brunette7Mayor ATTEST./ H. C.. "Gre6he, City Clerk APP OVED O FORM: T. K. aynes, City Attorney 8 THIS AGi.EEMENT, executed iii duplicate this 10th day of January, 1977, by and between MISSOURI PACIFIC RAILROAD COMPANY, hereinafter called "Railroad", and the CITY OF PARIS a municipal corporation of the State of Texas, hereinafter called "City", WITNESSETH: RECITALS: City has requested Railroad to install cantilever mounted flashing light signals at the existing crossing of (27th Street) Collegiate Drive over Railroad's right of way in Paris, Lamar County, Texas. Railroad -is agreeable to the foregoing but solely upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of these premises and of the pre- mises and agreements hereinafter contained, the parties hereto agree as follows_: 1. Railroad, with its work forces, materials and equipment, shall install cantilever mounted flashing light signals at the existing railroad grade crossing located at (27th Street) Collegiate, in Paris, Lamar County, Texas 2. City. hereby agrees to reimburse Railroad in. an amount not to exceed $29, 600.00 for the exact cost to Railroad of furnishing the labor, materials and equipment and performing the work described in Section I hereof. Such cost shall be computed in accordance with Railroad's custo- mary practices. 3. Covenants herein shall inure to and bind each party's successors and assigns. 4. City, when returning this agreement to Railroad (signedk shall cause same to be accompanied by such order, resolution or ordinance of the governing body of City, passed and approved as by law prescribed, and, duly certified, evidencing the authority of the persons executing the agreement on behalf of the City with the power so to do and further certifying that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by City. IN WITNESS WHEREOF, the parties hereto have duly executed this agree- ment as of the "date and year first hereinabove written. WITNESSES: ATTEST: By H. C. Greene, City CIE-,rk MISSOURI PACIFIC RAILROAD COMPANY By CITY OF PARIS (TEXAS) By James M. Brunette, Mayor EXHIBIT A STATE OF MISSOURI 0 CITY OF ST, LOUIS 0 - BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he exe- cuted 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 1977. Notary Public, City of St. Louis, Missouri STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared JAMES M. BRUNETTE, Mayor of the City of Paras, known to me to be the per- son whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein ex- pressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of January, 1977. - Notary Public, Lamar County, Texas City Manager Sweatt requested authorization to advertise for bids for a two-year period for a City depository, such bids to be received February 9, 1977, 10:00 A. M. and presented to the City Council at its meeting on February 14, 1977. A motion was made by Councilman Williams and seconded by.Councilman Fisher approving the request of the city manager. The motion carried: 6 ayes, 0 nays. City Manager Sweatt advised the Council that a rate increase request had been re- ceived from the Texas Power and Light Company. Mr. Hardy England, District Pianager of Texas Power & Light Company, appeared before the Council, requesting the rate increased and stating that there was a 34% average rate increase included in the request. Mayor Brunette appointed a committee composed of Councilman Hinds, Coun- cilman Williams, Councilman Stone and City Manager Sweatt to study the rate request and make recommendation to the Council concerning same. Resolution No. 1781, suspending the schedule of rates filed by Texas Power .& Light Company, on the 22nd day of December, 1976, was presented. A motion was made by Councilman Fisher and seconded by Councilman Stone for the adoption of the resolu- tion. The motion carried: 6 ayes, 0 nays. RESOLUTION NO. 1781 WHEREAS, Texas Power. & Light Company did on December 22, 1976 file a rate request with the City of Paris; and, WHEREAS, such request requires extensive study; and, WHEREAS, the laws of the State of Texas require that the City of Paris, acting as a regulatory authority, hold a hearing after notice of a major change has been filed; and, WHEREAS, the City of Paris may suspend the operation of the schedule for a period not to exceed 120 days beyond the date on which the schedule of rates would otherwise go into effect; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF. THE CITY OF PARIS, That the operation of the schedule of rates filed by Texas Power & Light Company on the 22nd day of December, 1976, be, and the same is hereby suspended. Passed and adopted this 10th day of January, 1977. Jam M. Brunette, Mayor ATTEST: H: C. Greene, City . lerk APP VEDAS O FORM: T. K. r Taynes, City Attorney Mayor Brunette called for a public hearing on the rate increase for the next regular Council meeting on February 14, 1977, as requested by Hardy England, District Mana- ger of Texas Power & Light Company. City Manager Sweatt presented a request from Mr. George Spencer for water service on property located approximately 950 feet west of the present City limits on the north side of Highway 79 and recommended its approval subject -to standard condi- tions. A motion was made by Councilman Philley and seconded by Councilman Fisher to approve the request. The motion carried: 6 ayes, 0 nays. Resolution No. 1782, authorizing and directing City Manager Sweatt to execute on behalf of the City of Paris a contract with the David Buster Construction Company in the -amount of $61,658.60 for construction of second phase - restoration of City of Paris Sanitary Landfill site, was presented. A motion was made by Councilman Swaim and seconded by Councilman.14illiams.for the adoption of the resolution. The motion carried: - - 6 .ayes, 0 nays. 896 RESOLUTION NO. 1782 WHEREAS, the City Council of the City of Paris, did at its regular meeting on the 8th day of November, 1976, app:rovc; the adver- tisement for bids for the construction of second phase, restoration of the City of Paris Sanitary Landfill Site, consisting of relocation of existing refuse, and trench excavation, all within the boundaries of the existing Landfill Site, .in accordance with detailed plans and specifica- tions, dated December 1976, which bids were received until 10:00 o'clock A. M., Wednesday, December 8, 1976; and, WHEREAS, the best bid for such construction project was made by David Buster, d/b/a David Buster Construction Company, and he should be awarded the contract for such project; and, WHEREAS, the form of contract to construct 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 the construction of second phase, restoration of the City of Paris Sanitary Landfill Site, consisting of relocation of existing refuse, and trench excavation, all within the boundaries of the existing Landfill. Site, within 70 calendar days, in the amount of $61, 658. 60, 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, Kerry R. Sweatt, 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 January, 1977. tow", �,�, ATTEST: H. C. Greene, City Clerk APP F . VED FORM: Haynes, C y ttorney City Manager Sweatt advisedAhe Council of the appointment of Wayne Griffin as ad- 91inist,ative assistant - traffic safety coordinator !t,ith the City of Paris, and re- quested confirmation by the City Council. A motion was made by Councilman Swaim and seconded by Councilman Williams confirming the appointment of Mr. Griffin. The motion carried: 6 ayes, 0 nays. Mayor Brunette announced that the.Council would go into executive session. City Attorney Haynes.reviewed. action relating to the acquisition of right -of -way for the planned improvement of'24th Street S. E. from the railroad south to Jefferson Road and advised the need for authority to instigate eminent domain proceedings for one tract of land owned by the Bray estate. Mayor Brunette declared the execu- tive session closed and tike regular meeting open. Resolution No. 1783, authorizing City Attorney T. K. Haynes to.proceed to condemn a tract of land being Lot 8,.City Block 166, for right -of -way in accordance with the established policies of the City, was presented. A motion was made by Council- man Williams and seconded by Councilman Swaim for the adoption of the resolution. The motion carried: 5 ayes, 0 nays. 89 -�8 RESOLUTION NO. -1783 WHEREAS, the City Council. of the City of Paris has undertaken a project of widening of 24th Street, S. E. , from its intersection with College Street, South to F. M. 1507; and, WHEREAS, the right of way necessary for such widening is described as follows: Situated within the corporate limits of the City of Paris, Lamar County, Texas, and being a portion of Lot 8, City Block 166 and being more particularly described as follows: BEGINNING at the intersection of the South R. O. W. Line of the Old Paris and Mt. Pleasant Railroad (100 ft. R. O. W. ) and the West R. O. W. line of 24th Street S. E. (existing 50 ft. R. O. W. ) THENCE South 01' 03' West along the existing West R. O. W. Line of 24th Street S. E. , a distance of 767. 25 ft. to a point for a corner, said point being in the North lot line of Lot 7, City Block 166; THENCE West along the North lot line of Lot 7, and the South lot line of Lot 8, City Block 166, a distance of 16.0 ft. to a point for a corner; THENCE North 01 ° 15' East a distance of 769. 84 ft. to a point in the South R. O. W. Line of the aforementioned ` Old Paris and Mt. Pleasant Railroad for a corner; THENCE South 79' 09' East along said South R. O. W. Line of the Old Paris and Mt. Pleasant Railroad, a distance of 13.49 ft. to the point of beginning and containing 11, 249. 50 s. f. or 0.258 acres of land, more or less. and is owned by the heirs of Maynard Bray; and, WHEREAS, the City Council finds that the described right of way 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 24th Street, S. E. right of way, in accordance with the established policies of the City of Paris. Passed and adopted this 10th day of January, 1977.. ATTEST: H. Greene, ity C erk APPROVED TO FORM: T. K. Jaynes, City Attorney c There being no further business, the meeting adjourned. MAYOR JAMES M. BRUNETTE ATTEST- F!- C_ Greene, City Clerk MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL January 17, 1977 A special meeting of the City Council was held on January 17, 1977 at 7:00 P. M. layor Pro --Tem Ben Hinds called the meeting to order with the following Councilmen present: George Fisher, Jr., David Philley, Freddie Swaim, Jimmy Don Stone, and Walter F. Williams. Also present were City Manager K: R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene. Mayor Pro -Tem Hinds requested City Manager Sweatt to review recommendations made by the committee appointed to study landfill charges and whose recommendations were made at the last .regular Council meeting. City Manager Sweatt. reminded the Council of the 4 recommendations made,.which were as follows: 1. -That a-charge of 70�.per cubic yard be established as the deposit fee for each cubic yard'del.ivered to the landfill site for the purpose of defraying a portion of the operating cost to dispose of such material. 2. That a charge of.$1.00' per water.meter account per month with an additional charge based on overall city occupancy rate per living unit for multi- family accounts.be established as a service fee to defray portions of the capital and-renovation costs associated with maintaining fill sites in accordance with federal and state regulations. 3. That current regulations.relating to commercial hauling vehicles be amended to allow.the use of tarpaulins as cover in addition to the present means. 4. That an ordinance be prepared.to require secure covering of all garbage trash, etc., while in transit to apply to all garbage, trash hauling by individuals or firms. Mayor Pro -Tem Hinds declared.the public hearing open concerning-the landfill charges as well as amendments to the sanitation ordinances regarding use of tarpaulins for coverage of sanitation trucks. Mr. Bob McCarley, owner of Paris Lumber Company, appeared before the Council ob- jecting to the proposed 70t per cubic yard landfill charge to all citizens entering the Sanitary Landfill, stating that the charge will not encourage citizens to use the landfill; that the charge would be an additional cost and burden-to businesses using the landfill; and that the cost of the Sanitary Landfill should be budgeted . and payed for from tax dollars, including tax increase if necessary to fund pro- jected cost. Mr. Si Weiler appeared before the Council, objecting to the Sanitary-Landfill charges, stating that it was a- double tax on apartment buildings.- Mr. 14eiler stated that he appeared as owner of the Weiler Apartments and manager of the Sharon and Capri Apartments. Mr. Charles Neeley appeared before the Council in behalf of Campbell Soup Company, stating that the Campbell Soup Company had an interest in the matter but voicing no objections. 9 k_' U Mayor Pro -iem Hinds polled the Council showing 6 ayes to table actions on the public hearing to February 14, 1977 at the regular Council meeting. Mayor Pro -Tem Hinds declared the public hearing open as continued from the January 10, 1977 Council meeting regarding anti - recession fiscal assistance program and bud - get. City Manager Sweatt reviewed the anti - recession fiscal assistance fund and advised that the fund would last for five quarters, beginning July 1, 1976 and that according to guidelines, the receipt of funds and expenditure.of same must be handled in accordance with City Charter as all other funds are handled. Mayor Pro -Tem Hinds called for any participation from the audience and there being none, the public hearing was declared closed. Ordinance No. 2311: "AN ORDINANCE ADOPTING A BUDGET FOR THE ANTI - RECESSION FISCAL ASSISTANCE FUND FOR THE FISCAL YEAR BEGINNING JULY 1, 1976, AND ENDING JUNE 30, 1977, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS, ESTABLISHING SAID FUND AND APPROPRIATING THE VARIOUS AMOUNTS THEREOF AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH." was presented. A motion was made by Councilman Williams and seconded by Councilman_ Swaim for the adoption of the ordinance. The motion carried: 6 ayes, 0 nays. City Manager Sweatt reviewed action of cities belonging to the Texas Municipal League being served by.the Texas Power & Light Company at the meeting which convened in Aus- tin on January 6, 1977. Mr. Sweatt advised that a steering committee had been ap- pointed.from the member cities to coordinate efforts of the cities in.the study of the Texas Power & Light Company rate increase request. Mr. Sweatt advised that the committee had appointed the Touche- Ross & Company to examine the TP &L`s operation on a consolidated basis and prepare a report for distribution to all -participating cities. The city manager requested guidance. of the Council regarding joining the consolidated study. After discussion, a.motion was made by Councilman Williams and seconded by Councilman Stone to.join the action of Texas Municipal League cities in the Texas Power & Light Company rate increase request investigation. The motion carried: 6 ayes, 0 nays. City Manager Sweatt presented a request from Mr. Wayne Stinson for water service in the "gray area" on Highway 82 east and recommended its approval, subject to the existing policies of the City. A motion was made by Councilman Philley and se- conded by Councilman Fisher approving water service in the "gray area" for Mr. Wayne Stinson. The motion carried: 6 ayes, 0 nays. There being no.further business, the meeting adjourned. MAYOR PRO -TEM BEN HINDS ATTEST: H. C. Greene, City Clerk 9;, MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL February 14, 1977 The Regular Meeting of the City Council-was held on February 14, 1977 at 7:00 P. M. Mayor James I.I. Brunette called the meeting to order with the following Councilmen present: George Fisher, Jr., Ben Hinds, David Philley, Freddie Swaim, Jimmy Don Stone, and Walter F. Williams. Also present were City Manager K. R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene.. Prayer was offered by Reverend Milton Guttierrez, Oak Park United Methodist Church. Mayor Brunette asked if there were any additions or corrections to the minutes of previous meetings as furnished the Council members. There being none, the minutes were approved. Mayor Brunette announced that the first order of-business would be = recommendations of the Planning and Zoning Commission made at-its meeting-on,February 71 1977. Mayor Brunette declared the .public hearing open,-on the petition of Pete and Florence Johnson for a change-in zoning from a Two- Family Dwelling District (2 -F) to a General Retail District on Lot 1, City Block 199, located.at 626 Bonham Street. The Plan - ning and Zoning Commission had recommended unanimously.in favor of.the petition. Mayor Brunette called for proponents to appear, and Per. Pete Johnson appeared in his behalf, stating that he.had no.concrete plans.for use of the-property at this time. Mayor Brunette called.for opponents to appear; and.'none - appeared. Mayor Brunette declared.the public.hearing closed; and Ordinance No. 2312: "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 LOT 1, CITY BLOCK.1995 ON PROPERTY BELONGING TO -PETE JOHNSON AND WIFE, FLORENCE JOHNSON; SO AS TO INCLUDE.THEREIN-TERRITORY FORMERLY DESIGNATED AS A TWO- FAMILY DVJELLING DISTRICT-'(2F);_AND DESIGNATING THE BOUNDARIES OF- THE'GENERAL RETAIL-DISTRICT'(GR)`SO ESTABLISHED." was presented. A motion was made by Councilman Hinds and seconded by Councilman Williams for the-adoption of the ordinance. The motion carried:.-7 ayes, 0 nays. Mayor Brunette declared the public.hearing open on the annexation of-land on the south side of US Highway 82 and.the west City limits and land located on the west side of 41st Street SIAJ between'US Highway 82 and Old Bonham Road. Mayor Brunette called for anyone to appear as proponents or opponents, and no one appeared. (Mayor Brunette declared the public hearing closed. A motion was made by Council- man Swaim and seconded by Councilman Fisher to set February 28, 1977 at 7:00 P. M. for consideration of the next step in the annexation procedure. The motion carried: —` 7 ayes, 0 nays. City Manager Sweatt presented the final plat of Golden Acres Estate on-property in extra - territorial jurisdiction and advised the sub - division had been completed in accordance with City sub- division requirements. A motion was made by Council- s— man Swaim and seconded-by Councilman Philley for the adoption of-the plat. The mo- tion carried: 7 ayes, 0 nays. City Manager Sweatt presented a petition from Cecil Anderson for re- zoning of .Lots 8 and 9, City Block 224A from One- Family Dwelling District to General, Retail Dis- trict; and from Jim F. Kirby-for re- zoning-of Lot 9 City Block 331, from Planned Development and SF -2 and MF -1 District to Planned Development District Shopping Center and Office Center;-and from Nathan Bell to change Lots 25 and 26,.City Block 222A, from Single Family Dwelling District No, 2 to Multiple Family District No. 1. Mayor Brunette referred the- petitions- for re- zoning to the- Planning- and Zoning Com- mission for their consideration and recommendation-and called for a public hearing at the next regular Council meeting. Mayor Brunette called for a report from the committee appointed to .study and make recommendation -on� San itary Landfill charges: CounciIman- tliIIiams -,,Chairman of the committee-, made the-following recommendations: - 1. That a charge of 70� per cubic-yard be- established - as - the deposit fee for each cubic-yard delivered to the landfill site for the purpose of defraying- a- portion- of the- operating cost to dispose of such- material . 2. That a charge of $1.00 per water meter account-per month, with an additional $1.00- charge- per month for each residential Living unit for master. water. metered accounts,- using- an- overall City occu- pancy factor-,.-be- established- as- a- service fee- to defray portions of the capital and renovation-costs associated-iatith maintaining fill sites-in accordance with Federal and State regulations. 3. That current.regulations- relating- to- commercial - hauling- vehicles be amended-.to-allow the use of- tarpaulins-' as- cover in- addition. to the present means.. Mayor Brunette. invited comments from-the aud-ience, -and -Clr-. Bill - PhilIips- appeared before the Council ,. stating that he- objected - to a- 75% charge- -to" apartment dwellers while homeowners: were charged $1.00 Mr. Sam Jenkins- appeared before- the Council questioning the'.per cent of the.charges- that--.would go to-the Landfill operation. Mayor Brunette advised that-.consideration of- an- ordinance - embodying-- the- recommenda- tion of the committee would-be presented later in the Council meeting. City Manager Sweatt advised -the- Council of the recommendation of- the- Electrical Board to adopt the 1975 edition of the National- Electric Code and recommended on behalf of the staff, its-adoption. -After discussion, -a motion was made by Council- man Williams- and- seconded by Councilman Hinds authorizing -the- preparation of an ordinance to be presented at'a future' Council meeting:, The motion carried: 7 ayes, 0 nays. Mayor Brunette.called for tabulation of bids for the-City depository for-the ensuing two years-and bids-were-presented from the Liberty National Bank and the Paris Bank of Texas and recommended approval of-the Liberty- National Bank -as- being- the best bid. After discussion; Mayor Brunette informed the Council that -a resolution would be presented at a later. time. within this meeting' for- consideration. Mayor Brunette called for a tabulation of bids for a chassis and cab and sanitation body, and the following bids were received: Cab & Packer Total Days Trans. Eng. V -8 Chassis Body Alt. Alt. _Cab & Cab & Chassis Chassis Industrial Disposal Supply Gateway Ford Truck Sales Bill Booth Motors Lowry Chevrolet Morphew GMC Econo Pak Pleasant Mfg. Co. Pak Mor Mfg. Co. 1976 Chev. 1977 Chev. -0- $7,325.00 30 $7,165.36 . $6,575.74 205- $7,925.74 $6,044.00 90 + $1,135.00 $6,191.30 9a- $6,942 00 $7,000 :00 - $13,942.00 30'_ $1,245.00 $8,070.00 $8,339.67 $6,500.00 - 21 60 $1,134.90 + $135.00 + $131.00 $131.00 1977 Ford $8,559.15 21 City Manager Sweatt recommended that the Packer body bid be awarded to Pak Mor, and that the cab and.chassis bids be rejected, in-that additional specifications would be required to meet current regulations and standards. A motion was made by Coun- cilman Hinds and - seconded -by Councilman Williams to accept the bid of Pak Mor for the Packer body.. The motion carried: 7 ayes, 0 nays. A motion was made by Councilman Philley and - -seconded -by Councilman Fisher to reject all bids for the chassis and cab. The motion carried: 7'-ayes, 0 nays. City Attorney Haynes advised that the ordinance encompassing those recommendations made by the committee appointed to-study Sanitary Landfill charges, was ready. Ordinance No. 2313: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, - PROVIDING THAT THE CODE OF ORDINANCES; CITY OF PARIS; BE AMENDED BY REVISING SECTION 14- 14(b), ALLOWING TARPING TO BE USED AS A TOP MATERIAL, AND SECTION 14 -33(a) FOR THE PURPOSE OF INCREASING THE DUMPING FEE FOR GARBAGE'OR RUBBISH TO 70� PER CUBIC YARD;- 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 APRIL 1, 1977.° 904 was presented. A motion was made by Councilman Williams and seconded by Council- man Swaim for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. Ordinance No. 2314: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY ADDING ARTICLE IV, WHICH WILL INCLUDE SECTIONS 14 -50 AND 14 -51 TO CHAP- TER 14; PROVIDING FOR THE ESTABLISHMENT'OF-A SOLID UASTE SER- VICE CHARGE; 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 APRIL 1, 1977." was presented. A motion was made by Councilman Williams and seconded by Council- man Swaim for the adoption of the ordinance. The motion carried: 6 ayes, 1 nay. Mayor Brunette called for a report from the committee appointed to study the Texas Power & Light-Company rate increase request: Councilman Hinds, Chairman of the Com- mittee, advised the Council that several questions had been'posed to Texas Power & Light Company, and that Mr: Hardy England, regional manager. of Texas Power P( Light Company, was present_ to answer.those questions. Mr. Hardy England appeared before the Council and answered the several questions posed and made a presentation concerning the rate increase request. Mayor Brunette declared the public hearing open; and the following persons appeared: Mr. Stan Jenkins; Mrs. Bob Alsobrook, questioning the last rate increase date; Mr. Bill Phillips, requesting the number of-rate increases within the past ten years; Mr. Edward Crook of the Marvin community; Mrs. Larry McGee; Mr. Steve Brown, requesting information on-retained earnings. Mayor Brunette declared the public hearing continued to the next regular Council meeting. Resolution No. 1784, ordering'an election to-be held on April 2, 1977, designating the polling places and the election officials, was presented. A motion was made by Councilman Fisher and seconded by Councilman Philley for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. 9J RESOLUTION NO. 1784 . A RESOLUTION ORDERING AN ELECTION TO BE HELD ON THE FIRST SATURDAY IN APRIL, 1977, SAME BEING THE 2ND DAY OF APRIL, 1977, BETWEEN THE HOURS OF 7:00 O'CLOCK A. M. AND 7:00 O'CLOCK P. M., BY THE QUALIFIED VOTERS OF WARDS 4, S 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 TIE 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, 1977, same being the 2nd day of April, 1977, 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, as follows: One Councilman From Ward Four (4) One Councilman From Ward Five (5) 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: Mrs. Elizabeth Tompkins, Presiding Judge Mrs. Elmer Dement , Alternate Presiding Judge Ward Five (5): Polling Place: Central Fire Station 107 East Kaufman Street Officials: Richard Norman Presiding Judge J. T. Shipman , Alternate Presiding Jud; Ward Seven (7): Polling Place: First Christian Church 780 20th Street, N. E. Officials: Jack Redus , Presiding Judge Mrs. Jack Redus , 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 required, if any, for the efficient conduct of said election. 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: $25.00 per day 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 $5.00 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 14th day of February, 1977. � Q\ _') es r � e, Mayor ATTEST: H. Greene, City Clerk APPROVED TO FORM: T. K -flay Cit ttorne K. 5 � Y Y 9r,6 907 City Attorney Haynes stated that the resolution for consideration concerning the bids received for the City depository was now ready. Resolution No. 1785, authorizing and directing the mayor of the City of Paris to execute on behalf of the City a contract with the Liberty National Bank for a depo- sitory for the next two years beginning March 1, 1977, was presented. A motion was made by Councilman Swaim and seconded by Councilman Hilliams for the adoption of the resolution. The motion carridd: 7 ayes, 0 nays. RESOLUTION NO. 1785 . 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, 1977 through February 28, 1979; which bids were received until 10:00 o'clock A. M. , Wednesday, February 9, 1977; 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,. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the bid of The Liberty National Bank in Paris, to act as city depository, beginning March 1, 1977 through February 28, 1979, is hereby accepted and let; and, BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, James M. Brunette, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract with The Liberty National Bank in Paris, to act as depository for the City of Paris upon the terms and conditions set out in that institution's bid attached hereto as Exhibit A. Passed and adopted this 14th day of February, 1977. ATTEST: H. C. reeve, City Clerk APPROVED AS TO FORM: T. h. Iay es, zty Attorney t NOTICE TO BANKING INSTITUTIONS WITHIN THE CITY OF PARIS Notice is hereby given that the Governing Body of the City of Paris, subject to the provision of Article 2559 to Article 2566A, Revised Civil Statutes of Texas, as amended, will receive Bids and Applications from all interested banking institutions within the City of Paris'to serve as prime depository of the City of Paris and maintain custody of the funds of the City for a period of two years from March 1, 1977 through February 26, 1979. Any such applications shall be delivered to the office of the City Clerk in the City Hall prior to 10:00 A. M., February 9, 1977. It is requested that each bank bid by filling in all blanks and agreeing to the following specifications: INTEREST PATES Rate 1. Demand Deposits 2. Time Deposits Multiple Maturities 30 days to 89 days 90 days to 1 year 1 year to 2 years Compounded when: not compounded Fixed Maturities and /or C.D.'s 30 days to 89 days 90 days to 1 year 1 year to 2 years Compounded when: not compounded 3. Charges a. Handling checks and deposits b. handling temporary overdrafts c. Rate of interest on loans EXHIBIT A 03 Under $100,000 $100,000 over 5.25 5.25 6.00 6.00 6.25 6.25 5.25 5.25 6.00 6.00 6.25 6.25 0 0 6.00% 90J Maximum loan limit 900,000.00 d. Rate of interest on varrants 6.00% e. Charges, if any, for furnishing of all printed checks and vouchers based on City of Paris needs and specifications- o In addition to the normal services and supplies furnished by tiie depository bank, the following services are standard and common to most depository contracts. The City of Paris needs these services and expects them to be furnished at no charge as a part of this proposal.. Triplicate form Deposit Slips Paying Agent for Bonds Bond and Coupon Service Vire Transfer Service Parking Facilities = Safe Deposit Boxes Coin Wrappers .- Night Depository Service including Bags and Keys Traveler's and.Cashier's Checks Daily Balance on Each Account .Bidders are requested to submit any further concessions or services in the space provided herein, which they may want to offer to the City of Paris and mai any coMrdent as further consideration in selecting the City's depository. — All monies which are deposited into the depository under the provisions of this proposal shall be continuously. secured, in accordance with the laws of the State of Texas applicable thereto, by a valid pledge of direct' obligations having a par value or market value when less than par, exclusive of accrued interest, at all times at least equal to the total amount of money on deposit in said several funds on deposit in the depository. All time deposits or time certificates of deposit which have not elapsed on the termination date of the finally - approved depository contract, shall remain on 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- - 9. 0 The City of Paris reserves the right to accept or reject any or aI bids, to waive formalities, and to accept the bid the City considers the most advanta- geous. The City also reserves the right to place or invest part or all of any of its surplus or excess funds outside the designated depository, in any lawful manner as may be determined by the City Council, from time to time throughout the term of the contract. y Name of Bank LIBERTY NATIONAL4 BANK IN PARIS By P. R. Ceeil ` o Title � Presiden�� Date February 9, 1977 Resolution Ho. 1786, urging the Legislative Budget Board to reconsider its posi- tion and action in voting to merge the BoardaofCprmvate TnovestigatorsrandePriate offi- cer standards and education res with th Security Agencies, was present for the made Hinds and se- Security by Councilman t4illiams fo carried: 7 ayes, 0 nays. 1 RESOLUTION NO. 1786 . WHEREAS, Law Enforcement Officers throughout the State of Texas, recognizing the need to improve the level of performance of local law enforcement through training, education and minimum moral, mental and physical standards, sought and obtained legislation in 1965, creating the Texas Commission on Law Enforcement Officer Standards and Education; and, WHEREAS, since its creation, the Law Enforcement Commission has steadfastly pursued the aims of its creators and through its efforts 45 police academies have been created and certi- fied; law enforcement instructors have been trained and certified and have taught thousands of Texas Law Enforcement officers in such academies; law enforcement degree programs have been es- tablished; management training for police administrators has been provided; records management systems for local law enforcement agencies have been developed; validated entry examinations have been developed and implemented for police applicants; and through all these efforts the average educational level of more, than 30, 000 law enforcement officers in the State of Texas has increased significantly; and, WHEREAS, all of these achievements by the Commission have been accomplished without a charge by the Commission to the officer or the community in which the law enforcement department is lo- cated; and, WHEREAS, the Commission has previously relied primarily on federal grants from the Governor's Criminal justice Division for its funding, with the State furnishing only 187, of the total budget from state general revenue funds; and, WHEREAS, the Criminal Justice Council has passed a written resolution declaring that under its policies it can no longer fund the activities of the Commission after September 1, 1977, and that such funding should be secured from State general revenue funds; and, WHEREAS, the Legislative Budget Board has voted to recom- mend to the legislature that the Texas Commission on Law Enforce- ment Officer Standards and Education be merged with the Board of Private Investigators and Private Security Agencies, and has not only failed to recommend adequate funding for the Commission, but has recommended reducing by 29% the State's current funding of the Commission out of general revenue funds; and, WHEREAS, it is imperative that the Texas Commission on Law Enforcement Officer Standards and Education remain an independent public service agency dedicated solely to the service of law enforce- ment, and not be joined with a private industry agency governing activities operated for private profit; and that adequate funding from State general revenue funds be provided to insure the continued ac- tivities of the Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TI-lE CITY OF PARIS, as follows: i. That the Legis lavive Budget Board reconsider its position and action in voting to merge the Texas Commission on Law Enforcement Officer Standards and Education with the Board of Private Investigators and Private Security Agencies; or upon failure of the Legislative Budget Board to reverse its decisions that the legislature vote against such merger. 2. That the Texas Commission on Law Enforcement Officer Standards and Education remain an independent agency dedicated solely to the service of law enforcement officers and departments throughout the State. . 3. That the Texas Commission on Law Enforcement Officer Standards and Education be funded entirely from state general revenue funds. BE IT FURTHER RESOLVED that a copy of 'this resolution be forwarded to the Governor, Dolph Briscoe, to Senator A. M. Aikin, Jr. and to Representative Pete Patterson and to each member of the Legislative Budget Board, in order that they may have made known to them the extreme gravity and public concern which we hold for the matters expressed in this resolution. Passed and adopted this 14th day of February, 1977. J -s M. Brdn , Mayor ATTEST: H. C. reene, City Clerk APP OVO FORM: ty Attorney 4` City Manager Sweatt presented a petition from property owners on 1•!est Kaufman Street between 28th Street SU and 29th Street SW for paving on an assessment basis. fir. S%geatt advised that 83% of the property owners, owning 83% of the property had signed the petition and also advised that the total project cost was estimated to be at $7,267.00 with property owners share of $4,689:82 -and City cost of $2,577.00. The city manager recommended-that the Council receive the request and proceed with development of the project as an assessment program. Ordinance No. 2315: "AN ORDINANCE DECLARING THE NECESSITY FOR AND?ORDERING THE IMPROVEMENT OF A CERTAIN STREET AND PORTION THEREOF IN THE CITY OF'PARIS;-ADOPTING PLANS AND'SPECIFICATIONS FOR SUCH WORK; AUTHORIZING'THE CITY MANAGER-TO ADVERTISE FOR BIDS FOR SUCH WORK; DIRECTING THE PREPARATION OF FINAL ESTIMATES; IN- VOKING THE PROCEDURE PROVIDED BY ARTICLE 1105b, VERNON'S ANNOTATED :TEXAS STATUTES; AND THE CHARTER'OF _ THE CITY OF PARIS, PARIS; TEXAS, ADOPTING SUCH STATUTE; DETERMINING THAT A PART OF*THE COSTS SHALL BE BORNE BY THE CITY OF PARIS'AMD THE BAL- ANCE THEREOF SHALL BE BORNE BY THE ABUTTING PROPERTY AND THE 01•INERS THEREOF;`PROVI.DING'FOR THE ASSESSMENT AND THE TIME, TERMS AND CONDITIONS'OF'PAYMENTS -AND DEFAULTS'OF SUCH ASSESSMENTS AND PRESCRIBING THE RATE -OF INTEREST- THEREON;'PROVIDING FOR THE FIXING OF'A-LIEN-TO'SECURE-THE PAYMENT OF SUCH ASSESSMENTS, ON WEST-KAUFMAN STREET, FROM A POINT-70 -,FEET EAST OF THE SOUTH EAST-CORNER OF LOT IC, BLOCY. 9,"SPERRY'S FIRST ADDITION, AND FROM A-POINT'10 FEET-EAST OF`THE NORTH EAST CORNER OF LOT 6A, BLOCK 9, SPERRY'S FIRST-ADDITION, EACH OF WHICH LIE IN THE WEST-PAVEMENT LINE OF 28TH STREET, S:'W., IN A WESTERLY DIRECTION APPROXIMATELY:396'FEET'TO A POINT 12 FEET WEST OF THE SOUTH.WEST`CORNER OFLOT 3C, BLOCK 9, SPERRY'S FIRST ADDITION, AND A POINT -12-FEET WEST- OF'THE NORTH WEST CORNER OF LOT 4A2 BLOCK 91 SPERRY'S-FIRST'ADDITIOM$ EACH OF WHICH LIE IN THE EAST PAVEMENT LINE OF 29TH STREET: S. 14.; 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 and seconded by Council- man Hinds for the adoption of the ordinance. The motion carried: 7 ayes, O nays. Mayor Brunette called for a report from Hayter Engineering Co. consultants em- ployed to perform a water and sewer rate study. City Manager Sweatt advised that Mr. Robert Hayter was out of the City and that a letter had been prepared by Mr. Hayter. City Manager Sweatt read the letter to the Council, which stated, in part, that the rate increase for water and sewer service could be as much as $778,000.00 increase over present income and stated that he would have a further preliminary report to present to the Council at an early date. Mayor Brunette appointed the Council as a whole as a committee to study recom- mendations of the Hayter Engineering Co. on the water and sewer rate study and called for a committee meeting for 7:00 P. M., February 21, 1977, to receive pre- liminary figures from the engineering firm. Resolution No. 1787, re- appointing Homer Thornton and Victorene Younq to serve as members of the Planning and Zoning Commission for a period of three years beginning — RESOLUTION NO. 1787 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, have expired, and it is necessary to appoint their successors, and the Mayor of the City of Paris, James M. Brunette, 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, 1977 and ending December 31, 1979, 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 Homer Thornton and Victorene Young, to serve as members of the Planning and Zoning Commission of the City of Paris, for a period of three (3) years, beginning January 1, 1977 and ending December 31, 1979, is by. the City Council of the City of Paris hereby approved and confirmed. , Passed and adopted this 14th day of February, 1977. All a es M. : unet , Mayor ATTEST: C. G eerie, City Clerk APP OVED TO FORM: K.—Hayfles,.00ity Attorney January 1, 1977, was presented. A motion was made by Councilman Swaim and se- conded by Councilman Hinds for the adoption of the resolution. The motion car- ried: 7 ayes, 0 nays. Resolution No. 1788, re- appointing Dick Wright, Connie Justice, Marcus Roden and Mrs: Hoyle Barr as members of the Tree Preservation Committee for a term of two years beginning January 1, 1977, was presented. A motion was made by Councilman Swaim and seconded by Councilman Fisher for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. 9_` J RESOLUTION NO. 1788 . WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 1741 establish a Tree Preservation Committee; and, WHEREAS, the terms of Dick Wright as Realtor and Connie Justice as Alternate, Marcus Roden as a Business Person and Mrs. Hoyle Barr as a Member -at -Large from the Council of Garden Clubs, have expired, and the Mayor of the City of Paris, James M. Brunette, having re- appointed such persons to serve on the Tree Preservation Committee for a term of two (2) years, beginning January 1, 1977 and ending December 31, 1978, 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 Dick Wright as Realtor and Connie Justice as Alternate, Marcus Roden as a Business Person and Mrs. Hoyle Barr as a Member -at -Large from the Council of Garden Clubs, on the Tree Preservation Committee, for a term of two (2) years, beginning January 1, 1977, and ending December 31, 1978, be, and the same are hereby approved and c 'onfirmed by the City Council of the City of Paris. Passed and adopted this 14th day of February, 1977. ATTEST: Gr ene, City Clerk APPRO ED AS T RM: T. K. Jaynes, City A orney ?jeZ_M_M. n e, Mayor Resolution No. 1789, appointing Vlilliam deG Hayden and John L. Barnett to serve on the Advisory Board of Health for a period of Hindsears beginning e ndedby�Councilman�77, -- was presented. A motion was made by Councilman Swaim for the adoption of the resolution. The motion carried: 7 ayes, ,O nays. U RESOLUTION NO. 1789 . WHEREAS, Article 4436a -1 of Vernon's Annotated 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 William deG, Hayden and John L. Barnett have expired, and it is necessary to replace or re- appoint two persons to fill the vacancies created by the expira- tion of their terms; and, WHEREAS, the Mayor of the City of Paris, James M. Brunette, has recommended the re- appointment of William deG. Hayden and John L. Barnett, who continue to be qualified, to serve on said Advisory Board of Health of the City of Paris and County of Lamar, for a term of two (2) years, beginning January 1, 1977 and ending December 31, 1978; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That William deG. Hayden and John L. Barnett, 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, 1977, and ending December 31, 1978. Passed and adopted this 14th day of February, 1977. 1 ATTEST: H. C. G eene, City Clerk APPROVED M TO FORM: r T. K. ay s, City Attorney Approved by the Commissioners Court by adoption of the above resolution on the \ V�-^ day of -��.,, 1977, as reflected in Book Page � _, of the Minutes of said Commissioners Court. Lester Crutchfield, County Judge, Lamar County, Texas .3' 1 �e Resolution No. 1790, re- appointing-Edmond Castleberry, Mrs. Frank Fuller,-'and Mrs. Herbert Turner as members of the Band Commission for a period of 1 year beginning July 1, 1976, was presented.- A motion was made by Councilman Stone and seconded_ by Councilman Williams for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. RESOLUTION NO. 1790 . WHEREAS, Ordinance No. 873, passed by the City Council. of the City of Paris, on October 29, 1929, provided for the appointment of a Band Commission by the Mayor of the City of Paris, to be con- firmed 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 have expired; and, I WHEREAS, the Mayor of the City of Paris, James M. Brunette, 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, 1976 and ending .June 30, 1977; 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, James M. Brunette, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. Passed and adopted this 14th day of February, 1977 Ja s M. Brune e, Mayor ATTEST: H. C. Cr ne, City Clerk APPR VED AS ORM: T. K. aynes, Cit ttorney wt �' Mayor Brunette called-for-a special meeting of-the City Council for February 28, 1977 at 7:00 P. M. for consideration of the next step in the. annexation matter. There being no further business, the, meeting -adjourned. MAYOR JAMES M. BRUNETTE ATTEST: H. C. Greene, City Clerk MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL February 28, 1977 A special Meeting of the City Council was held on February 28, 1977 at 7:90 P. M. Mayor Pro Tem Ben Hinds called the meeting to order with the following Councilmen present.: George Fisher, Jr., Freddie Swaim, Jimmy Don Stone, and Walter F. Williams. Also present were City Manager K. R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene. Mayor Pro Tem Hinds announced that the purpose of the special Council meeting was to proceed with necessary steps for annexation of property on Highway 82 West by the reading of an annexation ordinance. Annexation Ordinance No. "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE'CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 89.61 ACRES, MORE OR LESS, WHICH IS LESS THAN TEN PER CENT (10%) OF THE TERRITORY INCLUDED WITHIN ITS PRESENT CITY LIMITS, WHICH SAID TERRITORY LIES AD- JACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND PROVIDING ZONING FOR SAID TERRITORY." was presented. Resolution No. 1791, authorizing the appointment of Wayne It!. 14ard and 1-fillie D. Ausmus as members of the Cox Field Airport Zoning Board for a term of four (4) years, be- ginning January 1, 1977, was presented. A motion was made by Councilman Williams and seconded by Councilman Fisher for the adoption of the resolution. The motion carried: 5 ayes, 0 nays. RESOLUTION NO. 1791 . WHEREAS, in accord -ance with the provisions of Article 46e -3(2) of Vernon's Annotated Texas Statutes and Section 6 -4(b) of the Code of Ordinances of the City of Paris, the City Council of the City of Paris is responsible for the appointment of two (2) members of the Cox Field Joint Airport Zoning Board; and, WHEREAS, Wayne W. Ward and Willie D. Ausmus . are well and truly qualified to be appointed as members of the Cox Field Joint Airport Zoning Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Wayne W. Ward and Willie D. Ausmus are hereby appointed as members of the Cox Field Joint Airport Zoning Board for a term of four (4) years, beginning January 1, 1977 and ending December 31, 1980. Passed and adopted this 28th day of .February, 1977. ATTEST`. H. C. Green, City Clerk APPROVED O FORM: T. K. + aynes, G-lity Attorney a Ben M. Hinds, Mayor Pro Tern Resolution t1o. 1792, re- appointing Leon 14illiams as a member of the Traffic Commission for a term of .three (3) years, beginning January 1, 1977, was presented. A motion was made by Councilman tdilliams and seconded by Councilman Fisher for the adoption of the resolution. The motion carried: 5 ayes, 0 nays. RESOLUTION NO. 1792 WHEREAS, the term of office of Leon Williams, as a member of the Traffic Commission of the City of Paris, has expired; and, WHEREAS, the Mayor Pro Tem of the City of Paris, Ben M. Hinds, has re- appointed Leon Williams 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 Leon Williams, to serve as a member of the Traffic Commission of the City of Paris, for a term of three (3) years, beginning January 1, 1977 and ending December 31, 1979, be, and the same is hereby approved and confirmed by the City Council of the City of Paris. Passed and adopted this 28th day of February, 1977. v a x4 Ben M. Hinds; Mayor Pro Tem ATTEST: H. 'C. G er en e, City Clerk APP OV D AS O FORM: f. h'.1-Haynes, City Attorney There being no further business, the meeting adjourned. MAYOR PRO TEM BEN HINDS ATTEST: H. C. Greene, City Clerk 921 0 MINUTES OF THE REGULAR MEETIMG OF THE CITY COUNCIL March 14, 1977 The regular meeting of the City Council was held on March 14, 1977 at "7:00 P. M. Mayor Pro -Tem Ben Hinds called the meeting to order with the following Councilmen --- present: George Fisher, Jr., David Philley, Freddie Swaim, Jimmy Don Stone, Walter F. Williams. Also present were City Manager K. R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene. Prayer was offered by Reverend C. D. Hilburn. Mayor Pro -Tem Hinds asked if there were any additions or corrections to the minutes of previous meetings as furnished the members of the Council. There being none, the minutes were approved. Mayor Pro -Tem Hinds announced the first order of business would be consideration of recommendations made by the Planning and Zoning Commission at its meeting held on March 7, 1977. Mayor Pro -Tem Hinds declared the public hearing open on the petition of Cecil Ander- son for a change in zoning from a One- Family Dwelling District No. 2 to -a General Retail District on Lots 8 and 9, City Block 224A. Mayor Pro -Tem Hinds called for proponents to appear, and Mr. Webb Biard appeared in- behalf of Mr. Anderson. Mr. Anderson appeared before the Council, and upon question- ing, stated that nothing was planned for the lot immediately, but that he was "get- ting prepared to put something on the lot." Mayor Pro -Tem Hinds called for opponents to appear, and none appeared. City Attorney Haynes presented an ordinance ordering the proposed change. A motion was made by Councilman Williams and seconded by Councilman Swaim for the adoption of the ordinance. Mayor Pro -Tem Hinds polled the Council after advising that a 3%4 vote would be necessary for the change in that the Planning and Zoning Commis- sion had recommended a denial of the petition. The polling showed 4 ayes, 2 nays, Councilman Philley and Councilman Hinds voting nay. Mayor Pro - Tem Hinds declared the ordinance failed in that passage would require 5 affirmative votes. Mayor Pro -Tem Hinds declared the public hearing open on the petition of Mathan Bell for a change in zoning from a One - Family Dwelling District No. 2 to a Multi- Family Dwelling District No. 1 on Lots 25 and 26, City Block 222A.. Mayor Pro -Tem Hinds called for proponents to appear, and Mr. A. W. Clem appeared in behalf of the petitioner, stating that one bedroom and efficiency type apartments were planned for the property. Mr. Robert Hayter, consulting engineer, appeared before the Council and estimated that the structures and parking area would add .8% water to the drainage ditch run- ning through the property. Mr. Nathan Bell was present and appeared before the Council, speaking in behalf of the petition. Mayor Pro -Tem Hinds called for opponents to appear, and Mr. Buddy Kammer appeared, stating that he had no objection to the zoning change but was concerned with the -- flooding problem. Mr. Kammer stated that he was willing to give 10 feet of his pro- perty at the drainage ditch in order to assist the drainage problem. 9 ?_ 2 Dr. Joe Deupree appeared before the Council, stating that he was not against the zoning change but was concerned with the flooding problem. Mayor Fro -Tem Hinds declared the public hearing closed,. and Ordinance No. 2316: "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 MULTIPLE FAMILY DWELLING DISTRICT NO.1 (MF -1) ON LOTS 25 AND 26, CITY BLOCK 222A, UPON PROPERTY OF WHICH NATHAN BELL OWNS A CURRENT OPTION, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE MULTIPLE FAMILY DWELLING DISTRICT NO. 1 (MF -1) SO ESTAB- LISHED." was presented. A motion was made by Councilman Williams and seconded by Councilman Swaim for the adoption of the ordinance. The motion carried: 5 ayes, 1 nay, Coun- cilman Fisher voting nay. Mayor Pro -Tem Hinds declared the public hearing open on the petition of Jim F.Kirby for a change in zoning from a Planned Development District, One - Family Dwelling Dis- trict No. 2, and a Multi-Family Dwelling District No. 1, to a Combination Planned Development- Shopping Center and Office Center on Lot 9, City Block 331, located on the north side of Bonham Street between 34th Street N. W. and Loop 286 N. W. Mr. Jim Kirby appeared in his behalf and stated that it was his intention to leave a 20 -foot wide strip of trees along the west side of 34th Street N. W. and-that an 8 -foot fence would be erected inside the tree line to screen the office development from residences on the east side of the street. Upon questioning, Mr. Kirby stated that he had no objection to exclude: - private = cliibs in the--zoning. Mayor Pro -Tem Hinds called for opponents to appear, and none appeared. Ordinance No. 2317: "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, SHOPPING CENTER, AND OFFICE CENTER (PD -a,f), LIMITED SO AS NOT•TO INCLUDE PRIVATE CLUBS, ON LOT 9, CITY BLOCK 331, ON PROPERTY BELONGING TO NEBRASKA INSURANCE COMPANY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A PLANNED DEVELOPMENT DISTRICT (PD), ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) AND MULTIPLE FAMILY DWELLING DISTRICT NO. 1 (MF -1); AND DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT DISTRICT, SHOPPING CENTER AND OFFICE CENTER (PD -a,f), LIMITED SO AS NOT TO INCLUDE PRIVATE CLUBS,-SO ESTABLISHED." was presented. A motion was made by Councilman Fisher and seconded by Councilman Stone for the adoption of the ordinance. The motion carried: 6 ayes, 0 nays. The final plat of Dorchester Place - Phase 1 was presented, and City Manager Sweatt recommended its approval. A motion was made by Councilman Williams and seconded by Councilman Fisher to approve the final plat subject to the stated requirements of the Director of Public Works. The motion carried: 6 ayes, 0 nays. .-a 9%3 The final plat of Meadow Park Addition No. 1 was presented and recommendation made by the city manager for its approval. A motion was made by Councilman Swaim and seconded by Councilman Williams for approval of the final plat subject to the. stated requirements of the Director of Public Works. The motion carried: 6 -ayes, 0 nays. City Attorney Haynes presented as the next step in annexation of property located o Highway 82 West, south of Bonham Street Ordinance No. 2318: — "AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF PARIS AND THE CITY COUNCIL OF THE CITY OF PARIS ON THE PROPOSED ANNEXA- TION OF CERTAIN PROPERTY BY THE CITY OF PARIS, PARIS, TEXAS, AND APPROPRIATE ZONING UPON ANNEXATION, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS." A motion was made by Councilman Swaim and seconded by Councilman Philley for the adoption of the ordinance. The motion carried: 6 ayes, 0 nays. City Attorney Haynes presented petitions for re- zoning from Joel A. May for Lot 9, City Block 206, from Two- Family Dwelling District to Office District and Specific Use - Antique.Shop;from Johnny D. Todd, for re- zoning from Single Family Dwelling District No. 2 to Neighborhood Service District on Lot 8, City Block 296.. Mayor Pro -Tem Hinds referred the petitions to the Planning and Zoning Commission for their study and recommendation and called for a public hearing at the next regular Council meeting. Mayor Pro -Tem Hinds declared the public hearing open and continued on the Texas Po- wer & Light Company rate request. Mayor Pro -Tem Hinds stated that no new informa- tion was available at this time and declared the public hearing on the rate request continued to the next regular Council meeting. Mrs. Sam Huggins appeared before the Council, questioning components of the rate as requested by Texas Power & Light Company. ° Mayor Pro -Tem Hinds called for the receipt of bid tabulations for a cab and chassis for the Sanitation Department. City Manager Sweatt presented bids from Kosterman Motor Company in the amount of $7,755.24 and Lowry Chevrolet in the amount of $7,844.00 and recommended that the low bid of Kosterman Motor Company be approved and that the vehicle be delivered to San Antonio, Texas for installation of sanita- tion body. A motion was made by Councilman Williams and seconded by Councilman Philley to approve the recommendation of the city manager. The motion carried: 6 ayes, 0 nays. City Attorney Haynes presented a previously authorized ordinance relating to the Elec- tric Code. Ordinance No. 2319: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING SECTIONS 11 -73, 11 -73.1, 11 -73.2 AND 11 -73.3, AMENDING CERTAIN SECTIONS OF THE NATIONAL ELECTRICAL CODE, 1975 EDITION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWlITH; AND PROVIDING FOR AN EFFECTIVE DATE OF APRIL 1, 1977." was presented. A motion was made by Councilman Swaim and seconded by Councilman Fisher for the adoption of the ordinance. The motion carried: 6 ayes, 0 nays. 9?4 Mr. Don McLaughlin, Attorney, appeared before the Council in behalf of the L. P. McCuistion Community Hospital and the St. Joseph *Hospital, requesting the creation of a Hospital Authority by the City for the purpose of issuing securities with which to purchase properties to be operated for the care and needs of the sick. Mr. Mc- Laughlin presented the following resolution: WHEREAS, the governing boards of L. P. McCUISTION COMMUNITY HOSPITAL and ST. JOSEPH HOSPITAL having in their respective meetings given serious, consideration to the advisability of requesting you to create a hospital authority for the purpose of issuing securities with which to purchase properties to be operated for the care and needs of the sick of our community, said properties to be leased to operating groups; and WHEREAS, it is the opinion of the governing boards of each of said hospitals that by this means the permanent financing of capital im- provements for each of said hospitals can be obtained at a lesser cost than otherwise, and such will ultimately inure to the benefit of the residents of Paris, Texas and its environs; THEREFORE, BE IT RESOLVED that each of said hospitals respectfully request that you establish, pursuant to the statutes of the State of Texas, a hospital authority with the power to issue revenue bonds with no obligation on the part of the City of Paris to repay, for the purpose of acquiring properties used to treat the physical well being of citizens of Paris and. its environs. The foregoing resolution has been passed by the governing boards of each L. P. McCuistion Community Hospital and St. Joseph Hospital. Those present representing the hospitals were Mr. F. I.. McClanahan, Mr. Curtis Fendley, Mr. Lee Ellis, Mr. Louis Robertson, and Mr. Peter Tart of the firm of McCall, Parkhurst and Horton. After discussion, Ordinance No. 2320: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, DECLARING A NEED FOR A HOSPITAL AUTHORITY, CREATING A HOSPITAL AUTHORITY UNDER AND BY VIRTUE OF THE POWERS CONFERRED UPON SAID CITY BY THE HOSPITAL AUTHO- RITY ACT; DESIGNATING THE NAME BY WHICH SAID AUTHORITY SHALL BE KNOWN; DEFINING THE BOUNDARIES THEREOF, ENACTING PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE." was presented. A motion was made by Councilman Fisher and seconded by Councilman Philley for the adoption of the ordinance. The motion carried: 6 ayes, 0 nays. Mr. Robert Hayter, consulting engineer for the City of Paris, presented a Water and Sewer Rate Study and Report. Among his recommendations were the following: "The study recommends the two -stage implementation of the proposed rate increases. The first stage for immediate implementation will increase current revenues from water sales 54.1% and sewerage sales 85.9 %. It will provide the necessary revenues to meet current system operating and maintenance expenses and meet the systems' existing debt retirement needs. Further, it will allow for the necessary monies to implement the first one -half to one million dollars of the planned improvement program. The exact amount of such capital funds is subject to bond interest rates, maturity schedules, and system operation and maintenance inflationary 92- pressures at the time these bonds are sold. The second stage, recommended to be implemented January 1, 1978, will increase revenues from current water sales by an additional 14.6% and from sewerage sales by 29.7 %. These additional monies would be used to finance the balance of the planned capital im- provement program. The rates set forth herein which are projected to accomplish the second stage goal will have to be reviewed prior to their implementation and evaluated on the then existing bond interest rates, advisable maturity schedules, and inflationary pressures on the utilities. The first stage maximum single family resident sewer charge is to be $8.50 per month, and under the second stage A s projected to be $10.00 per month. The study also recommends that the respective product's raw or fixed cost be reviewed monthly and every stage of the block rate structure be adjusted for each 1� per 100 c.f. decrease or increase in the raw or fixed product cost based on the prior three month demonstrable change." Full reports were furnished each of the Councilmen and staff. After receiving the report, a motion was made by Councilman Swaim and seconded by Councilman Williams . to call for a public hearing on March 28, 1977 on the rate recommendations. The motion carried: 6 ayes, 0 nays. City Manager Sweatt advised the Council that the Economic Development Agency may be willing to consider an application in the amount of 60% of estimated cost for City of Paris to extend water lines southward toward the proposed industrial location of Stockham Valves and further south that could include lines for Cooper water sup- ply as well as other industrial property development, and recommended that the City of Paris make pre - application at this time in order, as funds become available, this grant assistance be developed. After discussion, a motion was made by Councilman Swaim and seconded by Councilman Fisher approving the recommendation of the city manager for pre - application to the Economic Development Agency for the project. The motion carried: 6 ayes, 0 nays. City Manager Sweatt requested authorization to advertise for bids on waterproofing and stabilization work at the Paris Public Library building, such bids to be re- ceived April 6, 1977, tabulated, and presented to the Council at its regular meeting on April 11, 1977. A motion was made by Councilman Williams and seconded by Coun- cilman Fisher approving the recommendation of the city manager. The motion carried: 6 ayes, 0 nays. Resolution No. 1793, re- appointing James W. Farris and appointing Charles Casey as members of the Fireman - Policeman Civil Service Commission of the City of Paris to serve through December 31, 1979, was presented. A motion was made by Councilman Fisher and seconded by Councilman Swaim for the adoption of the resolution. The motion carried: 6 ayes, 0 nays. 926 RESOLUTION NO. 1793 WHEREAS, there exists two vacancies on the membership of the Firemen's and Policemen's Civil Service Commission of the City of Paris, and it is necessary to fill these vacancies, arid the City Manager of the City of Paris, Kerry R. Sweatt, having re- appointed James W. Farris and appointed Charles Casey for three year terms 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 James W. Farris and the appointment of Charles Casey, as members of the Firemen's and Policemen's Civil Service Commission of the City of Paris, to serve through December 31, 1979, is by the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this 14th day of March, 1977. Ben M. Hinds, Mayor Pro Tem ATTEST: H. C, re e, City Clerk APPROVED - O FORM: T. Hayn ity Attorney A previously authorized ordinance, recommended by the Landfill's Services Charges Committee, was presented by the city attorney. Ordinance No. 2321: "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 14 -3; PROVIDING FOR THE SECURING OF TRASH OR RUBBISH BEING HAULED OR TRANSPORTED UPON THE PUBLIC STREETS; PROVIDING FOR A PENALTY NOT TO EXCEED 200.00, ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; �GAND L PROVIDING FOR AN EFFECTIVE DATE OF APRIL 1, 1977." was presented. A motion was made by Councilman W" "I" ams and seconded by Councilman Swaim for the adoption of the ordinance. The motion carried: 6 ayes, 0 nays. City Manager Sweatt advised the Council that the Airport Advisory Board had recom- mended and the City Council had agreed in principle to the development of a lease with James Wrenn for use of a portion of the Cox Field Airport property for the con- struction of a building. Resolution No. 1794, authorizing City Manager Sweatt to execute on behalf of City of Paris the lease agreement with James M. [Wrenn, Jr.; was presented., A motion was made by Councilman Williams and seconded by Councilman Swaim for the adoption of the resolution. The motion carried: 6 ayes,.O nays. . RESOLUTION NO. 1794 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 constructing an improved facility, in order that he may provide better services in the form of aeronautical activities and requests a lease upon the terms and conditions for the property 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, berry R. Sweatt, 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 of Exhibit A attached hereto. Passed and adopted this 14th day of March, 1977. Ben M.^ Hinds, Mayor Pro Tern ATTEST: r ene, ity Clerk APP OVE TO FORM: T. K. 'Haynes, City Attorney LEASE AGREEMENT STATE OF TEXAS 0 "NOW ALL ME—N BY THESE PRESENTS: COUNTY OF LAMAR 0 LEASE AGREEMENT BETWEEN the CITY OF PARIS, a municipal corporation, acting by and through its City Manager, KERRY R. SWEATT, duly 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 sum of THREE THOUSAND SEVEN HUNDRED FIFTY AND NO 1100 ($3,750. 00) DOLLARS, payable to the CITY OF PARIS, a municipal corporation, as follows: $250.00 on or before A pr i 1 1, 1977, with a like payment on or before. A p r i 1 1st of- each successive year during the term hereof, said CITY OF PARIS does hereby lease, rent and let unto JAMES M. WRENN, JR. that portion of Cox Field property described on Exhibit A attached hereto and made a part hereof for all legal pur- poses. The term of this lease is for fifteen (15) years, beginning on the 1st day of A p r i 1, 1977 and ending on the 31st day of M a r c h , 1991. IN CONSIDERATION HEREOF, it is mutually agreed by and between 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 305, Page 237, 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 is extended or for another purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and 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. 4e That Lessee, his successors or assigns, agrees that (1) no person on the grounds of race, color or national origin shall be excluded d. 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, Nondiscrimina tion in Federally- assisted programs of the Department of Transportation- Effectuation of Title VI of . the Civil Fights Act of 1964, and as said Regulations may be amended. 9 31 0 S. That Lessee shall comply with all conditions and require- meats established in Department of Transportation, Federal Aviation Administration; Grant Ag r eeni °nts 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- 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- activities 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 if in the course of using such premises for the per- misted purposes, Lessee desires to build at his own expense a hangar and storage building in pursuit of such uses it will be so permitted upon application for building permit, including a site plan, if the l,oca tion is approved by the Airport Advisory Board and such structure does not violate any of the rules or regulations of the City of Paris or the Federal Aviation Administration, and upon final termination at any time prior to the expiration of thirty -five (35) years from the date hereof, the City of Paris shall have the right to purchase said hangar and storage building at a cost equal to 1 /35th of the original cost multiplied by the number of complete years remaining in the total term of thirty --five (35) years. In the event that final termina- tion of said lease occurs at the expiration of thirty -five years, said v .3. building shall be and become the property of the City of Paris_ - In the event Lessee builds fences across or near the existing East -West roadway, or an extension thereof, that would hamper the use of the same for the taxiing of aircraft then Lessee would at Lessor's re- quest allow said fences to be removed at no .cost to Lessee, and such use of such roadway would not entitle Lessee to any reduction in rent the extension of such roadway being at the sole discretion of Lessor. 9. That Lessee will take good care of the leased premises and be responsible and make good to Lessor all injuries and da- mages 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 erec- tions, additions or repairs to or upon same, in good repair, including but not limited to hangar buildings, storage buildings, permanent in- stallation of equipment and fixtures and fences. 10. That all additions. or improvements made upon the said E premises by Lessee, or at his instance or request, shall at once be- come the property of Lessor and shall be surrendered to Lessor at the termination or expiration of this lease; except that in those in- stances wherein it is specifically provided for ownership to remain in Lessee. 11. That in the event this lease is terminated during its pri- mary term through no fault of Lessee, then and only then, Lessor will reimburse Lessee for his pro rated cost of any improvements such as fences, giving the improvement a life equal to the remainder of the primary term existing at the time of completion of construction of said improvement. 932 12. . That it shall be lawful for Lessor's Airport Manager to enter upon and into the leased premises and every part thereof at all times for the purpose of inspectiper, and examining the condition thor. eof. 13. 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. 14. That Lessee agrees to indemnify, save, keep and hold harmless Lessor from and against any and all demands, debts, lia- bilities, suits, claims and causes of action of every kind and charac- ter whatsoever for damage or injuries to persons and /ox property occurring on the leased premises resulting from tessee's, his in- vitees, 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 con- structed, 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 da- mages, 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 �-1 93 -1 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 com- panies subject to an oval by the City Attorney of the 'City of Paris, and Lessee or his 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. 15. 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. 16. 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. 17. 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 dis- crepancy, and in the event such default, failure or refusal is not corrected within said thirty day period a second novice 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- 934 18. That the City may at its option terminate this lease as to the entire tract, or any part thereof, which may be necessary, in the event the City desires to use the property, or any portion there- of, for necessary municipal functions, such as extension of runways or erection of other airport facilities, In the event of, either of the above contingencies the City shall give the Lessee ninety (90) days notice in writing of its intention to so utilize the tract, or any portion thereof, for the above specified purposes. In the event this option is exercised by the City, the unearned portion of the rental. payment shall be refunded to Lessee. t 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 lease, an option is hereby given and granted to Lessee to renew and extend this lease for an additional period of ten (10) years from and after the expiration of this agreement, for and in consideration of the sum of $5, 000.00 payable in equal annual installments of $500.00 each, the first of which will be due and payable on or before A. p r i 1 1, 1992, with a like payment being due and payable on or before the zst day of A p r i 1 of each year thereafter during the term -of this first ten year option period, and in the event Lessee shall keep each and every agree- ment contained herein and do and perform all the obligations required of Lessee hereunder during the term of this lease and exercises his option for an additional ten year period and keeps each and every agreement contained herein and do and perform all of the obligations required of Lessee hereunder during said first ten year option period, then and only in that event an option is hereby given and granted to Lessee to renew and extend this lease for an additional period of ten (10) years from and after the expiration of said first ten year 936 r option period, for and in consideration of the sum of $7, S00- 00, pay -- able in equal annual installments of $750.00 each, the first of whicl3 will be due and payable on or before A p i 1 1, 2002, with a like payment being due and payable on or before the 1st day of April of each year thereafter during the term of this second ten year option period; each of the above obligations may be exercised by Lessee's -- giving notice in writing of Lessee's intention to renew said lease on or before the Ist day of A p r i 1, 1991 for the first option and on or before the Ist day of A p r 11, 2001 for the second option. 20. The terms of this lease are binding on and the benefits .herein inure to the heirs, administrators and .executors of Lessee. Executed on the dates shown in acknowledgements below. CITE' OF PARIS ATTEST: H. C_ Greene, City Clerk Kerry R. Sweatt, City Manager James M. Wrenn, Jr. LESSOR LESSEE STATE OF TEXAS 0 93 COUNTY OF L.AMAR 0 BEFORE ME, the undersigned authority, on this day personally appeared KERRY R. SWEATT, City Manager of the City of Paris, known to me to be the person vvhose name is subscribed to the foregoing in- strument, 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 , 1977. Notary Public, Lamar County, Texas STATE OF TEXAS 0 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 therein expressed. GIVEN UNDER MY HAND AND SEAL, OF OFFICE, this. day of , 1977. Notary Public, Lamar County, Texas 9 32 City Manager Sweatt recommended to the Council a policy defining the area of first run response for the Fire Department of the City of Paris and recommended the amend- ing of Resolution No. 1068, establishing policy governing the duties and responsi- bilities of the Paris Fire Department. Resolution No. 1795, amending Resolution No. 1058, and defining the area of first run response for the Fire Department of the City of Paris, was presented. A motion was made by Councilman Swaim and seconded by Councilman Williams for the-adoption of the resolution. The motion carried: 6 ayes, 0 nays. RESOLUTION NO. 1795 . WHEREAS, the City Council did by Resolution No. 1068 establish a policy governing the duties and responsibilities of the Paris Fire Department; and, WHEREAS, it is deemed necessary to amend that policy by de_ fining the area of first run response for the Fire Department of the City of Paris; and, WHEREAS, the area in which the Fire Department of the City of Paris should give first run response to is exhibited on Exhibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the policy of the City of Paris, as stated in Resolution No. 1068, is hereby amended by establishing the area depicted on Exhibit A attached hereto as the area of first run response for the Fire Department of the City of Paris; said Resolution No. 1068 is in all other things ratified. Passed and adopted this 14th day of March, 1977. Ben M. Hinds, Mayor Pro Tem ATTEST: � , �' Z. Z_ H. C. Gr ene, City Clerk APP. OVED_P S FORM: T. K. Haynes, City Attorney 43� E'' -_ _• , {;' � �'z1 �\ y � w ., - � `_}j) � f ,r � ! �`h � � --< `r.s.' =-� '� , r T''� � � 1, !.._. � l QA:. Car..tr �' Lary' _ � ��.a n '' �,�`��'� 1 �'^ � �.^ , � �5 -, / - °- ,,r•- =.:..�.. -..~ ; ,, • ir.=. l `\ �`� \ �'..,s..� : �-• t ��� .�p•1. ��., \,� CynrPSr..�-cc` J /Fe ..$ A y �.s... .. sa2tc..r- .�i1•"t"�J i.11 SET I Nr forma, /�`'- �• -_ ./% i- '�;S+r�`. No 1 ji f' yT.1++ �_ -` ri.. c'f 3y` / j /l• ��_�./ �r.... .� ^+ .l✓,rrrF�nr. �, `" ._� - /. ; ('+..�..r•' 1 o zF " �'�'- -�� �• � t }���.>,1 / � i[ ���` _, - ►bPr.\Ris `--' ` a9' yJ'C }9 F'i % lF� , ' _? S/ ! �, 9 @• �V6P 2)44r �•. "t iP/ 'S r C_.- -r �• \- / '"•` f `c•'S S ,ipl s z � ! o a• °y _ a � t11 \ }vl �` � l.: ' � 't'-• •_ j .(�', �„•' i Ptj I , RENO �g1 F rdmt 1 j c� -,�� ` _ ' 1: J�• .L � 4 $7 �) t� `�. n � F'O? ..^�__ �,c- ,F n _ - _ , I,i t; . " .- � 4 r f t E .� _ •�._ " `-a� �4 1. 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Vt(. .�i� (t \F' r7!` l O �� i r L h3U - �c- .�a�ll p� a,Aao3TOwY 1. f'tom.rlM ` rte• 1 i! (�:.\�l ( � LA t{ IL S "Corr, ,a -,• mss- J `r•� -" `aim CL kaDY' x �9n t l- �` t.4 ...J° .�" l�r y�,-" fir{ lc �- yA'y {{t \ r , 1 F• '� 'Y • r ` 4 :u +n r o `" _ .: � 1 {— taaroY � ,.r-T � L �i ( •, Yom[ 1 f - . l •(- '� .k: c`,-a �'� tttt} } -.fi '\ , ��. •1a'�}Ir :r,/ J _ ti -� -'' ' (,1 ) ! % •�, t ! ^ i t r. •c. -- :r ' �-', t, '__ •s J ���1 T� - Ccmmvr.lY• ^c �LSf/ ^ , •�= s-= (� t t p r`Y� 11 R % ao ktordr ! w _� p' � tc ■= F } J.'. --' .. i .>�� ` •�: \: � \ , •(�, i -_1, .0 �` .�' �••, a'iwT . ~�L� `.t'- +t�- l it C> Y. H'. AR C of F- l Ps-T Rut-4 RT- T -PN?,15 FIRE DE- FAR' -F M�N`t" • XTT2TT A 3,j There being no further business, the meeting was adjourned. mAYOR PRO -1 EM BEN HINDS ATTEST: H. C. Greene, City Clerk MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL March 28, 1977 A special meeting of the City Council was held on March 28, 1977 at 7:00 P. M. Mayor James M. Brunette called the meeting to order with the following Councilmen present: George Fisher, Jr., Ben Hinds, David Philley, Freddie Swaim, Jimmy Don Stone, and Walter F. 4lilliams. Also present were City Manager K. R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene. Mayor Brunette announced that the special meeting was called for the purpose of a public hearing concerning a proposed water and sewer rate. Mayor Brunette requested Mr. Robert Hayter, consulting engineer who developed the proposed water and sewer rate, to make a presentation prior to the public hearing. Mr. Hayter again recom- mended the two -stage implementation of a proposed rate, the first stage for imme- diate implementation to increase current revenues from water sales 54.1% and sewerage sales 85.9 %. Mayor Brunette declared the public hearing open. Mr. Tom Lowery, 1960 Graham Street, requested information on the infiltration and inflow study; Mr. M. A. Mazy, 128 NE 10th, appeared before the Council in behalf of Senior Citizens and expressed their objection to the water rate increase; Mr. R. F. Edwards appeared before the Council, questioning the sewer charges and the minimum bill on both water and sewer; Mrs. Virgie McKinney, 1950 Graham Street, appeared before the Council, questioning the employment of a consulting engineer to develop the water and sewer rates; Mrs. Sam Huggins appeared before the Council and dis- cussed several aspects of the water and sewer rate. Mayor Brunette declared the public hearing closed. A motion was made by Councilman Swaim and seconded by Councilman Philley that the Council meet again as a committee at 7:00 P. M., March 30, 1977 to review various aspects of the water rate study. The motion carried: 7 ayes, 0 nays. City Manager Sweatt advised the Council of the need of a Council resolution regarding pre- application for EDA funds. The application proposes $204,000.00 federal funding with local funding in the total amount of $136,000.00, including force account con- tributions, engineering, etc. Resolution No. 1796, directing that a pre - application be made to the Economic Devel- opment Administration for a grant in the amount of $204,000.00, was presented. A motion was made by Councilman Hinds and seconded by Councilman Swaim for the adop- tion of the resolution. The motion carried: 7 ayes, 0 nays. 940 RESOLUTION NO. 1796 WHEREAS, Public Works and Economic Development Act of 1965, being Public Law 89 -136, as amended, provides funding for Economic Development Grants and Loans for Public Works and Development Facilities; and, WHEREAS, the City Council of the City of Paris is desirous of processing a grant preapplication for Extension of Water Distribution Lines to Serve Industrial Area in the Southwest Section of the City of Paris, Texas, at a total project cost of $340, 000. 00, $204, 000.00 to be provided by grant and $136, 000. 00 to be pro - vided by local funds and in kind services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That a preapplication be made to the Economic Development Administration, Southwest Regional Office, Austin, Texas, 78701, for- a grant in the amount of $204, 000. 00, being 607, of the estimated cost of the Extension of Water Distribution Lines to Serve Industrial Area in the Southwest Section of the City of Paris, Texas project, with the City of Paris providing $136, 000.00 in in kind services and funds. 2. That Kerry R. Sweatt, City Manager of the City of Paris, Paris, Texas, be, and he is hereby designated Certifying Representative and is hereby authorized and directed on behalf of the City of Paris to execute and file the preapplication in. the form attached hereto as Exhibit A. 3. That Joe McCollum, Director of Community Development of the City of Paris, be, and he is hereby designated. Contact Person. Passed and adopted this 28th day of March, 1977. ATTEST: H1 C7 ' eene, City Clerk APP OVE TO FORM: !'. 1 <. Mayne City Attorney L ED_ICl? U.S. DF PAr1TmEnT OF COte:AHtt: ZFor4m - 7f -' ECollomlC t1IiVCLOVWENT A6rdtrrt:;Trt A'rro t2 -7S` f,a„! PUBLIC WORKS PREAPPLICATtON OMB T rtJ; ;.+cal E- :xpiros Junc 1976 p; re•a.ti is u. ?7 -Il 021 FEDERAL ASSISTA14CE 2. Appli- a. Number 3_ State a. SAI K. irnl,cr care c opplica. T)( 03 Q59 111 coda'_ identifier _ __7 L" 1)'ttr yr. rno- day 1. Tyh:- of ;"X1 1'rcapplicatian b_ Datt:Yr. mo- day action - I Application 1977 03 15 (5AI) Assip,ntal jr)77 03 r 1. Grp) {-:)Notification of intent (Opt. J Lc,.vettt,nfc t I 14-po.t of Fc.Ecrai Action - -- 4. Cc•gaI aapl icon t "recipient - 5. Federal employer identification no. a. Applicanc name- - City. of Paris, Paris, Texas _ 75-6000635 -- 6. a_ Numbc r 1 b. Organization llnir : C. St ra el 'P _O box P_ o. Sox 1037 Pro ram 3 0 0 - - T:tic Economic Develop- J. City • Paris e. county : Lamar . h• ` = f. SE-[te g_ ZIP coat " Texas ' 751160 {From meat- Federal Grants and Loans fo r, 6 (_' t•: °t rtptt' °n p!',o:re no_) - .jOe I`'�C Ca T 11rm 214-78 5 -7511. Catalog) Public elks. & Dev. Fac. T_ Tirt and description of apalicont's project _ $. Type of applicant /recipient 1 Ex tension of water distribution Tines to serve A -State H- Comrzunity Action Agency :, iu Industrial area in the southwest section of the - B- Interstate 1- lligher Eclttcatlonal Ins_. C-Sebsrate Distr_ J- Indian Tribe City of Paris, Texas D- Counly K -Ochecir . r (S, �e r) E -City F Schgol District - G- Special Purpose -s District (Enter appropriate letter) o a. 9- Type of assistance A -Basic grant D- Insurance - _ B- Suppl, grant . E -Other (Speciry), Z O C -Loan "('Enter appropria to leftet•(s) t�•A�_,•t - 10. Area of project impact (Nam. of cities, countrias, 11. Estimated number 12. Type of application u states, etc.) of persons A -New C- Revision F_- Augmentation - u benefiting Paris, Lamar County, Texas 35,000 13-Renewal D- Continuation A (Enter appropeara rarler) 15: Type of Change (For 12C or 12F.) 13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF_ A- Increase dollars F -Odwr (sper•iry} B-Decrease dollars o_ Fede:aI : 6_0b .00 a_ Applicant 6. Project 01 01 C- Increase duration b. Applrcant .00 D- Decrease duration E- Cancellation c. State .00 16_ Project Start Date 17. Project Duration i1 Yr. USE Months 6 (Enloe app %vinte letter(s) J_ I_oca I 1j6,000 .QO e. Ocher .00 is. Yr. mo. day 19, Existing edera id =nti Italian mum e_ _-` Estimated date to be submitted to Fed. Agency 1977 03 Zz NSA F_ Totot $ �4oi000 -1 00 20_ Federal Agency to receive request (Name, City, State, ZIP Code} 21- Remarks added {See sec. fs) Economic Dev. Adm: Southwest Regional Off_ Austin,Tx.' 78701 ry! yes [-1N'_' 22_ a. 1'o the best of rtty knowledge and belief, data in b_ If required by OMF Circular A -95 this application wzis IN g:esponsc - this preapplieationlapplication submitted, pursttan: to insm-cttons therein, to appro- Respons` Attached The ace true and correct, the document has prince clearinghouses and all rrsponSCS arc attached_ Y' Appli - been duly authorized by the governing (S ye rr-'c,� rks - Src. IV it pore man 3 clearinghouses) (1) r�C- I ex Count l j Governments t� body of the applicant and the applicant o C i cunt will eonnl.1y with the attached assur- _1 (( (�- t (3} 1 Response pending) C L" certifies: antes if the assistance is approved. v 23. Cl- Typed name and'titic• h. S;.,natuce e. I)a[c sigocd ` Certifying r Kerr} P._ Sweatt - Yr. mo. day ti represzn- tativo• City Manager. 1977 03 15 21. Agency norne 25, yr, mo. day z on Ae_ccicat 19 --- -- - -- 26, Orgonixationol unit 27. Adrninistra6ve office f 2113, Federal appliratiorr 1D " -- - T-- -�- -- - u2"2. - Address 30_ Federal grant 1D LI ' = 31. Action token 32. FUNDING 33- Action Fear month day 34. Storting Yr. mo_ ally vardcd a. Federal S .00 date 19 dote- l) ;b. F cicrt•J' b, :applicant .00t 35. Contact for additional information 3G, Fading Yr. m(,_ play =--' -:c• I'c[t:r: c-J e- Mate (N -,me will tetep!:c•ac n:::ntir•r) date 19 -- -(11) rtcr.t d. Lo�a1 .0U 37- RemNris added (Ca•o S CI. Of- frrre-1 1 e. Octwr _00 _ C 3 --- C _? yr. rh- :.. : : :' f. Total S _0{I e' col 36 a. Ice t.:::ir._: above a�d;.n, any etvramenr. receiver[ fto^ e1c.trinF- b. Federal Agency A -95 Official Fcden:l latlency hote._-s -err cursi + -. rc.l. if agency res oa.e is P clue cr.Jer pa +ci- _Men, a n,t trt•• . ,art_- no. ( .l ) - A -95 Action l :er -9S, is has be s: r.r is bvinA Wade. --- Eton :: of F'.r.t } ,p�EEt Cir.a : \ 5F -• : ?A ll(.J:.. t,%C0+4-M•PC ti:3213-P76 EXHIBIT A City Manager Sweatt reminded and advised the Council that in August, 1976, by Reso- lution No. 1768, application to FAA and TAC were authorized to receive FAA funding in the fiscal year 1976 in the amount of $154,659:00, and that Texas Aeronautics q Commission funding in the amount of $249914.00 was offered in October, 1976. The 1 2 manager further advised that FAA is now offering the second phase amount of $145,884.00 from fiscal year 1977 funding and requests that the City authorize grant acceptance. The manager stated that the funds would cover 95% of the construction cost of overlay and marking of the 4,500 original length of the north -south runway. Resolut;o, ^, No. 1797, authorizing the City of Paris to accept a grant offer from FA; providing for a commitment of $145,884.00 in federal funds, was presented. A mo- tion was made by Councilman Williams and seconded by Councilman Hinds for the adop- RESOLUTION NO. 1797 WHEREAS, the City of Paris did heretofore on the 23rd day of .March, 1977, make application for federal assistance to the Department of Transportation, Federal Aviation Administration, requesting federal participation in the cost of certain improvements at Cox Field Airport; and, WHEREAS, the FAA has issued a .Grant Offer which, if duly accepted, provides a commitment of $145, 884. 00 in federal funds for development specified therein; and, WHEREAS, it is determined to be in the best interest of the City of Paris, Paris, Texas, to accept this Grant Offer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TITE CITE.' OF PARIS, That the City of Paris does hereby accept the provisions of said Grant Offer, a copy of which is attached hereto as Exhibit A and incorporated herein for all purposes. BE IT FURTHER RESOLVED, That the City Manager, Kerry R. Sweatt, be, and he is hereby authorized and directed to execute said Grant Offer on behalf of the City of Paris. Passed and adopted this 28th day of March, 1977. TJMeZs M. Brun e, Mayor ATTEST: II. C.'Gre5ene, City Clerk APPROVE TO FORM: T. K. Haynes, City Attorney Page I of 7 pages :'c...". ".P"i"MENT OF TR 1" OIRT ► 10: 14 FEDERAL AVIATION ADMINISTRATION GRANT A ME�' Part I -Offer Date of Offer TO: The City of Paris, Paris, Texas (herein referred to as the "Sponsor ") MAR 2 2 1977 Cox Field Airport Project No. 6 -48- 0169 -04 Contract No. D011 FA 77 RN 8182 FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA ") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated March 23, 1977 for a grant of Federal funds for a project for develop- ment of the Cox Field Airport (herein called the "Airport "), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project ") consisting of the following - described airport development: Phase 2 of "Overlay and mark old portion of Ranaay 17 -35 (4500' x 150') " all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; FAA FORM 5.100-13 PG. 1 (10-711 SUPERSEDES FAA FORM I632 PG. t EXHIBIT A 944 Page 2 of 7 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety percentuu of all al.lo.vable project costs. This Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be S 145,884. 2. The Sponsor shall: (a) begin accomplishment of the Project within .ninety (90) - days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51- 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations "; (c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 — 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event a semi -final grant payment is made pursuant to Section 152.71 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi -final payment. FAA FORM 5100 -13 PG. 2 (7 -72) 1 SUPERSEDES PREVIOUS EDITION PAGE 2 Page 3 of 7 pages 5. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before May 23, 1977, or such subsequent date as may be prescribed in writing by the FAA. 7. It is understood and agreed that the Sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Administrator at all FAA technical facilities located on the Airport. It is further understood and agreed that Sponsor will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and privately owned when used for FAA business) necessary for the maintenance and operations of the FAA facilities on the Airport. Such land shall be adjacent to the facilities served. 8. The Sponsor will.send a copy of all invitations for bids, advertised or negotiated, for concessions or other businesses at the Airport to the appropriate office of Minority Business Enterprise (OMBE) representative as identified by the FAA Regional Civil Rights Office. The Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to the designated oMBE representative and minority firms on the same basis that such information is disclosed and made available to other organizations or firms. Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations to bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the Sponsor with the requirements of 49 CFR 21 Appendix C(a)(1)(x), Regulations of the Office of the Secretary of Transportation. The Sponsor agrees to effectuate the purposes of Section 30 of the Airport and Airway Development Act of 1970, as amended, by assuring that minority business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds provided under this agreement. For the purposes of this provision, "minority business enterprise" means a business enterprise that is owned by, or is controlled by, a socially or economically disadvantaged person or persons. Such disadvantage may arise from cultural, racial, religious, sex, national origin, chronic economic circumstances or background or other similar cause. Such persons may include, but are not limited to, blacks not of Hispanic origin; persons of Hispanic origin; Asians or Pacific Islanders; American Indians; and Alaskan natives. Sponsor further agrees to comply with such regulations as may be issued by the Federal Aviation Administration to implement Section 30 of the Act. FAA Form 5100 -13 SW SUP (12/21176) i i R 9.1:4 9. This project the Clean Air Accordingly, Page 4 of 7 pages and all work performed thereunder is subject to Act and the Federal Water Pollution Control Act. (a) The sponsor hereby .stipulates that any facility to be utilized in performance under the.grant or to benefit from the grant is not listed on the EPA List of Violating Facilities. (b) The sponsor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and'all regulations issued thereunder. (c) The sponsor shall notify the FAA of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the grant is under consideration to be listed on 'the EPA list of Violating Facilities. (d) The sponsor agrees that he will include or cause to be included in any contract or subcontract under the grant which exceeds ,5100,000 the criteria and requirements in these subparagraphs (a) through (d). . 10. It is understood and agreed that FAA approval of the project included in this Agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in operating the Airport and in accomplishing any construction hereunder; further, that failure to so comply may result in suspension, cancellation or termination of federal assistance under the Agreement. 11. It is understood and agreed that the term "Project Application" wherever it appears in this Agreement, in Specifications or other doctments constituting a part of this Agreement shall be deemed to mean the "Application for Federal Assistance ". 12. The federal government does not now plan or contemplate the construction of any structures pursuant to paragraph 27 of Part V Assurances of the Application for Federal Assistance attached hereto, and, therefore, it is understood and agreed that the Sponsor is under no obligation to furnish any areas or rights without cost to the federal government under this Grant Agreement. However, nothing contained herein shall.be construed as altering or changing the rights of the United States and /or the obligations of the'sponsor under prior grant agreements to furnish rent -free space and /or cost -free areas for the activities specified in such agreements. FAA.Form 5100 -13 SW SUP (12/21/76) y ifli ,7 page 5 of 7 pages 13. The airport development in this project will be that here.inabove set out and will be carried out as more particulacly described on the property map attached to the Application for Federal Assistance dated January 17, 1975, for Project No. 8 -48- 0169 -02, -rhich is made a part hereof. 14. The Sponsor shall:. (a) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section.60- 1.7(b)(1) and 60- 1.8(b) of the Regulations issued by the Secretary of Labor (33 FR 7804, 41 CFR Part 60 -1). (b) Comply with the provisions set forth in Appendix I, attached hereto. 15. Assurance Number 18 of Part V of the project application incorporated i herein is amended by including at the end of the second sentence the following language: "including the requirement that (A) each air ' carrier, authorized to engage directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any sponsor provided an air carrier assumes obligations substantially similar to ' those already imposed on tenant air carriers, and (B) each fixed base operator using a general aviation airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such i airport utilizing the same or similar facilities. Provision (A) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 12, 1976. Provision (B) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 1, 1975." 16. It is understood and agreed that no part of the federal share of an airport development project for which a grant is rude under the Airport and Airway Development Act of 1970, as amended (49 U.S.C, 1701 et seq.), or under the Federal Airport Act, as amended_ (49 U.S.C. 1101 et seq.), shall be included in the rate base in establishing fees, rates, and charges for users of the airport. FAA Form 5100 -13 SW SUP (12/21/76) 948 Page 6 of 7 pages 17. It is mutually understood and agreed that the plans and specifications received by the Federal Aviation Administration on August 25, 1976, are hereby incorporated herein and designated as only preliminary plans; that sponsor will not commence construction of any item to be accomplished under this project until it has sub- mitted to FAA final plans and specifications satisfactory to the Administrator and until such plans and specifications have been approved by FAA; that the United States will not make nor be obligated to make any payment for construction under this Grant Agreement until the sponsor has submitted such plans and they have been approved as herein provided; and that sponsor will submit said final plans and specifications to the Administrator on or before 90 days from the acceptance date of this Grant Agreement, or such date as may be prescribed by FAA. 18. It is mutually understood and agreed that the United States will not make final payment of the allowable costs of this project until the sponsor has submitted satisfactory evidence that the airport imaginary surfaces as defined in Section 77.25, Subpart C, Part 77 of the Federal Aviation Regulations published in the Federal Register February 10, 1965 (30 F.R. 1837) and amended on May 16, 1971, have been protected by the adoption of a 7.oning ordinance and regulations or by securing avigation easements or by otherwise prohibiting the creation, establishment, erection, or construction in such areas of obstruction to air navigation to the extent provided in such Regulations or approved by the Administrator as sufficient in the case of this particular airport. It is further understood and agreed that if the imaginary surfaces shall have been protected by the acquisition of avigation easements or other interests in land, the assumption of this obligation shall not operate to bar inclusion of such acquisition in a subsequent project. 9 Page 7 of 7 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By..................... ............... Acting Chief (TITLE) FORT WORTH ARTS DISTRICT OFFICE Part 11- Acceptance The City of Paris, Paris, Texas does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by "such acceptance agrees to all of the terms and conditions thereof. Executed this ......................day of. .............................., 1977..., (SEAL) Attest: ................................... Title:. ...... ............................... CERTIFICATE OF SPONSOR'S ATTORNEY _City.of. Parris.,. -Paris.,. -Texas .......... (Name of Sponsor) By............ ............................... Title............ ............................... I ................. . acting as Attorney for . "W.Cjty..Qi. Pari:5,. Pa'j.5, NQxas (herein referred to as the "Sponsor ") do hereby certify: That I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth- orized and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of ..Texats ........................ . and further that, in my opinion, said. Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at ... Pari -s.,. Te=5 ............this.......... day of ............................. 19.77. Title.................................... FAA FORM 5100-13 PG 4(10 -71) SUPERSEDES FAA FORM 1632 9 a0 tion of the resolution. The motion carried: 7 ayes, O nays. ;Mayor Brunette advised the Council of his recomimendation for directors to serve the Paris Hospital Authority. Resolution No. 1798, appointing J. R. Hutchison, M. D. Misso, Opal Nahas, Ruth Per- kins, Ralph Rodgers, Leland Smith, and Homer Thornton, Jr. as members of the Board of Directors of the Paris Hospital Authority, to serve from April 1; 1977 through March 31, 1979, was presented. A motion was made by Councilman Hinds and seconded by Councilman Fisher for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. RESOLUTION NO. 1798 . 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) members, whose terms are for two (2) years; and, WHEREAS, it is proper to appoint the following persons, recommended by the Mayor of the City of Paris, to serve' as such Directors: J. R. Hutchison, M. D. Misso, Opal Nahas, Ruth Perkins, Ralph Rodgers, Leland Smith and Homer Thornton, Jr. ; NOW, THEREFORE, BE IT RESOLVED BY THE PARIS, That J. R. Hutchison, M. Ralph Rodgers, Leland Smith and are hereby appointed members o Paris Hospital Authority, to servf 31, 1979. CITY COUNCIL OF THE CITY OF D. Misso, Opal Nahas, Ruth Perkins, Homer Thornton, Jr. , be, and they the Board of Directors of the from April 1, 1977 through March Passed and adopted this 28th day of March, 1977. TV 10, J s M. Brunette, ,,,Mayor ATTEST: zl�5_z� _-� H. C. Greene, City Clerk APPROVED S TO FORM: aynes, City Attorney City Manager Sweatt advised the Council of the need of replacing approximately 50 feet of the concrete line channel which had been washed out by flooding between Johnson's Woods Drive and 31st Street S. E. on Mahaffey. The city manager reminded the Council that bids had been previously solicited but were later rejected due to their exceeding engineering estimates. City Manager Sweatt requested authorization to advertise for bids for the 50 feet of the concrete Tine channel,- such bids to be received on April 27, 1977 and presented to the Council at its regular meeting in flay. A motion was made by Councilman Fisher and seconded by Councilman Williams approving the request. The motion carried: 7 ayes, 0 nays. Resolution No. 1799, amending Resolution No. 1784 and appointing officials of Ward 7 for the April 2, 1977 election, was presented. A motion was made by Councilman Williams and seconded by Councilman Hinds approving the resolution. The motion carried: `7 ayes, 0 nays. RESOLUTION NO. 1799 . A RESOLUTION AMENDING RESOLUTION NO. 1784 OF THE CITY OF PARIS, PARIS, TEXAS, BY AMENDING SECTION 2 OF SAID RESOLUTION; PROVIDING THAT MAYDELL McCOY AND CHARLES CASEY BE APPOINTED ELECTION OFFICIALS FOR WARD SEVEN (7). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That that part of Section 2 of Resolution No. 1784 of the City of Paris, Paris, Texas, dealing with Ward Seven (7), be amended so that such shall read as follows: "... Ward Seven (7): Polling Place: First Christian Church 780 20th Street, N. E. Officials: - Maydell McCoy , Presiding Judge Charles Casey , Alternate Presiding Judge" Passed and adopted this 28th day of March, 1977. t Ja s M. Brunette 1 ayor ATTEST: H. C. Gr ne, City Clerk APP OVED.: _f'iS O FORM: i T. K. H ynes, City Attorney Discussion was had on the signalization of the railroad crossin g on 24th Street S. E. There being no further business, the meeting was adjourned. MAYOR JAMES M. BRUNETTE ATTEST: H. C. Greene, City Clerk 953 MINUTES OF THE REGULAR MEET?NG OF THE CITY COUNCIL April 11, 1977 The Regular Meeting of the City Council was held on April 11, 1977 at.7:00 P. M. Mayor James M. Brunette called the meeting to order with the following Councilmen present: George Fisher, Jr., Ben Hinds, David Philley, Freddie Swaim, Jimmy Don Stone, and Walter F. Williams. Also present were City Manager K. R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene. Prayer was offered by Reverend George Broome. Mayor Brunette asked if there were any additions or corrections to the minutes of previous meetings as furnished the Council members. There being none, the minutes were approved. Mayor Brunette announced that the first order of business would be consideration of recommendations made by.the Planning and Zoning Commission at its meeting on April 4, 1.977. Mayor Brunette declared the public hearing open on the petition of Joel May for a change in zoning on Lot 9, City Block 206, from a Two - Family Dwelling District (SF -2) to an Office District. Mayor Brunette called for proponents to appear, and Mr. and Mrs. Joel May appeared in their behalf, stating that they planned an antique shop in their residence and that parking space was available. Mayor Brunette called for opponents to appear, and Mro Mike Malone appeared in behalf of neighbors objecting to the zoning change. Mr. Malone stated that the request constituted spot zoning. Mr. Malone presented letters from five property-owners with- - in 200 feet of the area requesting to be zoned, stating objections to the zoning. Mayor Brunette declared the public hearing closed and an ordinance ordering the*re- zoning was presented. City Attorney Haynes advised the Council that a 3/4 majority would be required to pass the ordinance, in that the Planning and Zoning Commission had recommended a. denial on the petition. A motion was made by Councilman Hinds and seconded by Councilman Williams for the adoption of the ordinance. A poll of the Council showed 6 against, 1 for the adoption of the ordinance, and the motion failed. Mayor Brunette declared the public hearing open on the petition of Johnny D. Todd for change in zoning on Lot 8, City Block 296, from a One - Family Dwelling District No. 2. to a Neighborhood Service District. The Planning and Zoning Commission had recom- mended denial of the petition. Mayor Brunette called for proponents to appear, and Mr. Johnny Todd appeared in his behalf, stating that a beauty shop was proposed for the location and that a mobile home had been moved into the area already and was ready for utility connections. Mr. Todd stated that ample parking space was available. Mayor Brunette called for opponents to appear, and none appeared. Mayor Brunette declared the public hearing closed, and an ordinance was presented ordering the re- zoning of property in question. A motion was made by Councilman Williams and seconded by Councilman Swaim to deny the adoption of the ordinance and to deny the re- zoning. A poll of the Council by the mayor showed 7 for the motion, none against, and the request was denied. 954 Mayor Brunette declared the nublic hearing on the annexation and zoning on 27.68 acres of land known as Part 8, Morningside Estates. Mayor Brunette called for opponents or proponents to appear, and none appeared. Mayor Brunette declared the public hearing closed. City Manager Sweatt advised that a special Council meeting would be necessary for introduction of the Annexation Ordinance in its final form and suggested April 25, 1977, as a date at which to consider the ordinance. A motion was made by Councilman Swaim and seconded by Councilman Hinds approving the recommendation of the city manager.The motion carried: 7 ayes, 0 nays. City Manager Sweatt presented a re -plat of Lots 1 and 2, Block T, Morningside Estates, Part 8, and recommended its approval. A motion was made by Councilman Swaim and se- conded by Councilman Williams to approve the re -plat, subject to the recommendation -s of the Director of Public Works. The motion carried: 7 ayes, 0 nays. City Attorney Haynes presented the following petitions for re- zoning: Mrs. George - Serur, Lots 1, 2, 3, 4, 5, 6, and 7, Block 2, Brookside Addition, from Single Family Dwelling District to Two - Family Dwelling Districts Mr. Lowry Carrington, a lot in City Block 2486 from Single Family Dwelling District to Office District and appro- priate zoning for health spa as determined by the Planning and Zoning. Commission and City Council. Mayor Brunette referred the petitions to the Planning and Zoning Commission for their study and recommendation and called for a public hearing at the next regular Council meeting. - Mayor Brunette advised that the next order of business would be recommendations of the Traffic Commission made at its meeting on April 5, 1977. City Manager Sweatt advised that the Traffic Commission had recommended stop sign placement at 20th Street N. E. intersections with Hickory Street, Ballard Drive, Harrison Street, Fairfax Street, Kyle Street, and Beverly Drive. A motion was made by Councilman Hinds and seconded by Councilman Philley authorizing the preparation of an ordinance to be presented at the next regular Council meeting. The motion.carried: 7 ayes, 0 nays. City Manager Sweatt advised the Council of the recommendation of the Airport Advisory Board recommending approval of a permit for Mr. James M. Wrenn, Jr. for pilot training and agricultural operation at Cox Field Airport. After discussion, a motion was made by Councilman Hinds and seconded by Councilman Swaim approving the recommendation of the Airport Advisory Board. The motion carried: 7 ayes, 0 nays. City Manager Sweatt presented the following ordinance, previously authorized, con- cerning food handlers. Ordinance No. 2322: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING DIVISION 3 AND SECTIONS 13 -59 THROUGH 13 -63 OF SAID CODE, PROVIDING FOR A FOOD HYGIENE DECAL FOR FOOD ESTABLISHMENT OPERATORS; 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 MAY 1, 1977." was presented. A motion was made by Councilman Williams and seconded by Councilman =Ston.e for the adoption -of the ordinance. The motion carried: 7 ayes, 0 nays.. 955 City Manager Sweatt presented an Annexation OrUtnu - ice on property located on Highway 82 West and advised that this was the final step in annexation procedure. Ordinance No. 2323: "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 89.61 ACRES, MORE OR LESS, WHICH IS LESS THAN TEN PER CENT (10%) OF THE TERRITORY IN- CLUDED WITHIN ITS PRESENT CITY LIMITS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND PROVIDING ZONING FOR SAID TERRITORY." was presented. A motion was made by Councilman Swaim and seconded by Councilman Hinds for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. Mayor Brunette declared the public hearing open on the rate request of the Texas Power & Light Company. Mr. Mike Malone appeared in opposition to the request. Mayor Brunette declared the public hearing continued to the special Council meeting called for April 25, 1977— Mayor Brunette called for the tabulation of bids received for construction work on the library building. City Manager Sweatt advised that one bid had been received from Western Waterproofing Company, Inc. of Dallas in the amount of $9,380.00 and re- commended its approval. Mayor Brunette advised that a resolution would be presented later in this meeting awarding the bid. Mayor Brunette announced that the next order of business would be consideration of an ordinance regarding water and sewer rate charges. Ordinance No. 2324: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SECTIONS 31 -17, 31 -18, 31 -19, and 31 -20 OF SAID CODE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRO- VIDING FOR AN INCREASE IN THE WATER AND SEWER RATES AND PROVIDING FOR AN EFFECTIVE DATE OF SUCH RATES AND AN EFFECTIVE DATE OF THIS ORDINANCE OF APRIL 11, 1977." was presented. A motion was made by Councilman Williams and seconded by Councilman Stone for approval of the ordinance. A poll of the Council showed 5 ayes, 2 nays, Councilman Philley and Councilman Fisher voting nay. Resolution No. 1800, authorizing and directing Mayor Brunette to execute on behalf of the City of Paris an agreement between the Missouri Pacific Railroad and the City of Paris for a drainage structure in the vicinity of 5th and 6th Streets S. E. through Missouri Pacific Railroad Company right -of -way, was presented. A motion was made by Councilman Hinds and seconded by Councilman Swaim for the adoption of.the resolution. The motion carried:, 7 ayes, 0 nays. :r 956 RESOLUTION NO. 1800 WHEREAS, the City Council of the City of Paris is aware of u drainage problem ; in the vicinity of 5th and 6th Streets, S. E. , which necessitates a: drainage structure through the Missouri Pacific Railroad Company right of way; and, WHEREAS, the said Railroad is agreeable to granting a li- cense and permission in the furtherance of said drainage project, upon the terms and conditions and in the form attached hereto as Exhibit A.; and, WHEREAS, the form of Exhibit A is agreeable 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, James M. Brunette, be, and he is hereby authorized and directed to execute on behalf of' the City of Paris the agreement between the Missouri Pacific Railroad Company and the City of Paris, upon the terms and conditions and in the form attached hereto as Exhibit A; and, BE IT FURTHER RESOLVED, That the Director of Finance, H. C. Greene, be, and he is hereby authorized and directed to make available appropriated funds for the payment of all costs agreed to be paid by the City of Paris under the term_ s of the above described agreement. Passed and adopted this 11th day of April, 1977. J m s M. Brune e, Mayor ATTEST: H. C. Greefie, City Clerk APPROVE S TO FORM: T. K. Haynes, City Attorney 1%12J77 JJM -A THIS AGREEMENT, executed in duplicate this 11th day of April 1977 by and between MISSOURI PACIFIC RAILROAD COMPANY, a Missouri corporation, hereinafter called "Carrier ", and the CITY OF PARIS, a Municipal corporation of the State of Texas, hereinafter called "Licensee ", WITNESSETH; R E C I T A L S: In connection with its project to relieve undesirable flooding conditions in Paris, Texas, Licensee has requested permission of Carrier to construct a proposed drainage ditch, and to thereafter maintain the same on Carrier's property in the City of Paris, Texas, at Licensee's sole cost and expense. Carrier is agreeable to the foregoing but solely upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the promises and agree- ments hereinafter contained, the parties hereto agree as follows: 1. Carrier, solely to the extent of its right, title and interest, without any warranty, express or implied, hereby grants to Licensee, its successors and assigns, for the purposes and subject to the terms, conditions and reservations hereinafter set forth, license and permission to construct, and thereafter main- tain and use, the Licensee's proposed drainage ditch, hereinafter called "Drainage Facilities ", on, under, along and adjacent to a certain portion of Carrier's prop- erty, located in the City of Paris, Lamar County, Texas, in the Larkin Rattan Headright, beginning at the southerly end of an existing 42 -inch diameter culvert beneath Carrier's tracks at Chaining Station 4795+52, Mile Post 90.82, said portion of Carrier's property being hereinafter called "Premises ". Approximate locations of Premises and Drainage Facilities are indicated by green lines on Carrier's Southern District - Red River Division - Bonham Sub- division white print, File No. 1498 -214, dated October 28, 1976, at Houston, Texas, marked Exhibit A and attached hereto as part hereof. Carrier's grant of license and permission herein is limited to Carrier's right, title and interest in Premises and is made without any warranty of title, express or implied, and no damages shall be recoverable from Carrier because of any dispossession of Licensee, or because of failure of, defect in or extinction of Carrier's title. It is understood and agreed by the parties hereto that the license and permission herein given is granted subject to the existing prior- rights of any third parties, if any, and with the understanding that Licensee hereby agrees to exercise the herein granted rights in such a manner as not to interfere in any way with said existing prior rights. It shall be Licensee's sole obligation to obtain such additional permission, license and grants as may be necessary on account of any such existing prior rights. The license and permission herein granted ordinate to the right in Carrier, its successors and licensees, to construct, reconstruct, operate, use, ben-path or above Premises any telephone, telegraph, 1 EXHIBIT A to Licensee are subject and sub assigns, its lessees and maintain, repair and renew on, power and signal lines and poles, 958 1/12/7 7 iMI -A tracks, roadways, pipelines and facilities of similar or different character as are now or in the future may be located on, beneath or above Premises. Term hereof shall begin with the date first hereinabove written and con- tinue thereafter until concluded as it may be at any time (a) by expiration of thirty days following serving by Licensee on Carrier of written notice of such being the intention, (b) by Licensee failing for 20 days to cure any default after written notice thereof, (c) at Carrier's election, without notice, by Licensee's non -user of Premises for any six consecutive months, or (d) by abandonment of Premises, howsoever, by Carrier. Any notice of Carrier shall be deemed served when deposited, postage pre- paid, in U. S. Mail, addressed to Licensee. 2. This grant of license and permission is further subject to the following terms, provisions and conditions, which Licensee hereby expressly accepts, to wit: (a) Licensee shall not begin, nor permit its contractor to begin, any work of any nature whatsoever on or about Premises until Licensee or its contractor shall have given Carrier's General Manager at least 24 hours' written notice in advance of starting same; (b) Licensee or its contractor shall perform its work hereunder at such times and in such manner as shall be agreed upon between. Licensee and Carrier's said General Manager or his duly authorized representative. During the entire progress of Licensee's work on or about Premises, Licensee or its contractor shall maintain con- tact and liaison with Carrier's authorized representatives so as to ascertain the time of passage-of trains at the site of Licensee's work and so as to permit free and safe flow of railroad traffic. All work of Licensee shall be performed without unnecessary inter - ference with Carrier's tracks and operations and Carrier's and its lessees' or licensees' structures or facilities. Licensee or its contractor shall use utmost care in protecting Carrier's and others' property and in avoiding accidents. Licensee shall leave Premises in a condition satisfactory to Carrier's authorized representative; (c) Licensee shall, at its sole cost, maintain the Drainage Facilities in a good and safe condition and keep same free and clear of debris, sediment or obstructive matter which may or could inter- fere with or impede the proper functioning thereof; (d) Licensee shall, at Licensee's sole cost, risk and responsibility, furnish or do or cause to be furnished or done any and all things, and when, where and as from time to time required to accomplish whatsoever Licensee attempts or is bound to do at any time here- under; and (e) Licensee hereby agrees to reimburse Carrier for any and all expenses Carrier may incur in the repair or replacement of any property of Carrier or others damaged, lost or destroyed as a • result of the performance by or on behalf of Licensee of any of the work hereunder. - 2 - I- 959 1/12/77 ,7M -A 3. During any periods when work is being performed on Premises in connection with Drainage Facilities, Carrier shall, at Licensee's cost, furnish such flagmen or protective services or devices and take such other action as, in Carrier's opinion, may be necessary for Carrier's protection in the conduct of railroad operations. 4. Carrier may, acting for Licensee, furnish or do and Licensee shall pay and bear the cost of anything which, herein required of Licensee at any time, either shall not be furnished or done within 10 days following Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request; and Licensee on request shall in advance deposit with Carrier the estimated cost thereof. If deposit be less than actual cost, Licensee shall pay difference; if more, Carrier shall repay difference, and such cost shall be computed in accordance with the provisions of Section 5 hereof. 5. Licensee shall reimburse Carrier, within 30 days following receipt of bill therefor, for any and all cost incurred by reason of the work performed by Carrier pursuant to this agreement which cost shall include: (a) cost of all labor, including wages of foreman, plus 107 ..to cover accounting, supervision and use of tools; (b) vacation, holiday and health and welfare allowance of employes engaged in or connected with such work; (c) cost of materials and supplies f.o.b. Carrier's rails, plus 157. to cover handling, accounting and transportation expenses; (d) excise taxes applicable to said labor and materials; (e) premium on any insurance protection procured by Carrier in connection with said work; and (f) Carrier's current rental rates for any roadway machinery or equipment used in the performance of said work. 6. Licensed shall require any contractor, engaged or employed. to perform any work referred to herein on or about any part of Premises, to procure and keep in effect during the period of such work Workmen's Compensation Insurance - statutory limit, and contractor's public liability and property damage insurance, covering operations of such contractor or any of his subcontractors incident to or in connec- tion with the performance of said work. Such insurance shall provide for a limit of not less than $250,000 for all damages arising out of bodily injury to or death of one person, and, subject to that limit for each person, a total of $500,000 for all damages arising out of bodily injuries to or death of two or more persons in any single occurrence, and a limit of not less than $250,000 for all damages arising out of damage to or destruction of property in any single occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $500,000 for all damages arising out of damage to, or destruction of,property during the annual policy period. If any part of the work is sublet, similar insurance shall be provided by or on be- half of the subcontractors to cover their operations. 7. Licensee hereby agrees that, during the performance of the work of con - `—' stracting and maintaining said Drainage Facilities, men, material and machinery shall 3 960 1/12/77 J111 -A be kept within the indicated limits of Premises. There shall be no crossings of Car- rier's tracks except at existing open public crossings. 8.. Licensee further hereby agrees that Carrier shall not, at any time, be re- quired to bear or assume any cost or expense in or incident to the construction and maintenance of the Drainage Facilities; Licensee hereby expressly agrees to bear and assume all such cost and expense. 9. Licensee hereby assumes and discharges Carrier from, and shall defend, in- demnify and save harmless Carrier from and against, any and all claims, suits, damages, costs (including attorneys' fees), losses and expenses of-any nature whatsoever (lst) in any manner caused by, resulting from, arising out of or incident to the installation, construction, maintenance, repair, reconstruction, removal, use or existence of Drainage Facilities and appurtenances thereto, or any part thereof, including the break- ing of any part thereof and any leakage therefrom, or (2nd) resulting from or growing out of any failure of Licensee to comply with or perform any of the obligations, terms or provisions on Licensee's part to be complied with or performed. hereunder. Licensee further agrees to assume all risk of loss or damage to Drainage Facilities regardless of how caused; provided, however, the foregoing indemnification provisions. shall not apply to any claims, suits, damages, costs, losses and expenses for which Carrier shall have been compensated through insurance required of Licensee's contractors as per Section 6 hereof. 10. This agreement and all of the covenants and conditions hereof shall run with the land and inure' to or bind each party's successors and assigns. Either party he-Leto may waive any default at any time of the other without affecting, or impairing any right arising from, any subsequent or other default. 11. No right of Licensee shall be transferred or assigned, either voluntarily or involuntarily, except by express agreement acceptable to Carrier. 12. Licensee, when returning this agreement to Carrier (signed), shall cause same to be accompanied by such order, resolution, or ordinance of the governing body of Licensee, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of Licensee with the power so to do, and further certifying that funds have been appropriated and are.avail- able for the payment of any costs herein agreed to be paid by Licensee. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the day and year first hereinabove written. ATTEST: Assistant Secretary ATTEST: H. C. Greene, City Clerk - 4 - MISSOURI PACIFIC RAILROAD COMPANY By. ' Vice President CITY OF PARIS, PARIS, TEXAS By. James M. Brunette, Playor 96 City Manager Sweatt advised the Council of the receipt of a petition from abutting property owners on 33rd Street S. E., south of Lamar Avenue, to a street known as Lovers Lane. Mr. Sweatt advised the Council that 59% of the property owners had _ signed the petition and that under current City policy, a 70% property owner request is required. Mayor Brunette requested that the minutes reflect that the report had been received. Resolution No. 1801, authorizing and directing City Manager Sweatt to execute on be- half-of the City of Paris the contract with the Western Waterproofing Company, Inc., Dallas, Texas, for repair work to Paris Public Library, was presented. A motion was made by Councilman Stone and seconded by Councilman Fisher for adoption of the reso- lution. The motion carried: 7 ayes, 0 nays. 96 RESOLUTION NO. 1801. WHEREAS, the City Council of the City of Paris, did at its regul,�lr meeting on the 14th day of March. 1977, approve the ad- vertisement for bids for furnishing all plant, labor, material and equipment, and performing all work required for repair work at the Paris Public Library, in accordance with detailed plans and, specifi- cations, dated March 1977, which bids were received until 1 -0.00 o'clock A. M. , Wednesday, April 6, 1977; and, WHEREAS, the best bid fc Western Waterproofing Co. , Inc. , tract for such repair work; and; - such repair work was m,►Lie by - and it should be awarded the con- WHEREAS, the form of contract to furnish such rep<i i r. work is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TI -113 CITY OF PARIS, That the bid of Western Waterproofing Co. , Inc. , 11111as, Texas, for repair work at the Paris Public Library, consisting of cleaning and sealing exterior masonry stone walls, caulking; and sealing exterior joints and structural cracks, cleaning and caulking all exterior openings, and lime stabilizing soil around exact °i.or of building, within 70 calendar days, in the amount of $9,380. 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 M :lnagcr of the City of Paris, Kerry R. Sweatt, 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 rind in the form siho.vn in Exhibit A attached hereto, with Western Waterproofing Co. , Inc. Passed and adopted this 1.lth day of April. 1977: ATTEST: H. C. Greene, City Clerk APPROVED,,' S TO FORM: T. K. Haynes,.-City ttorney F - - 15 P 5 C /77 C /7 / 964 58.7" Edt Li o �-� ��•. d O A h � r 95 Ordinance No. 2325: MN ORDINANCE AMENDING SECTION 2(a)i OF ORDINANCE NO. 1891; ESTABLISHING THE SPEED LIMITS ON A CERTAIN PORTION OF F. M, 79, DESIGNATED 19TH STREET, N. W., FROM ITS INTERSECTION WITH BONHAM STREET IN A NORTHERLY DIRECTION 0.619 MILES; PROVIDING FOR A FINE NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 1, 1977.° was presented. A motion was made by Councilman Swaim and seconded by Councilman Williams for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. There being no further business, the meeting adjourned. MAYOR JAMES M. BRUNETTE ATTEST: H. C. Greene, City Clerk s 96 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL April 13, 1977 A special meeting of the City Council was held on April 13, 1977 at 7:00 P. M. r4ayor James M. Brunette called the meeting to order with the following Councilmen present: George Fisher, Jr., Freddie Swaim, and Walter Williams. Also present were City Manager K. R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene. Mayor Brunette announced that the purpose of the special meeting as called for by the City Charter was to canvass the returns of the election held on April 2, 19771, for three Councilmen - one each from Ward 4, Ward 5, and Ward 7. Mayor Brunette called for the returns of the election. Returns prepared by the judges of the three wards were presented. Resolution No. 1802, declaring and determining that Michael E. Malone - Ward 4,. David Philley - Ward 5, and Raymond S. Wunsch - Ward 7, as the persons receiving the highest number of votes cast and declaring their election, was presented. A motion was made by Councilman Swaim and seconded by Councilman Williams for the adoption of -- the resolution. The motion carried: 4 ayes, 0 nays. �q 95_/ RESOLUTION NO. 1802 . WHEREAS, an election was held by the qualified voters of Wards 4, 5 and 7 of the City of Paris, Paris, Texas, on the 2nd du;- of April, 1977, 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) 3. 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 Paris 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 Warcb 4, 5 and 7 of the City of Paris, Paris, Texas; and, 0 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 282 VOTES WERE CAST FOR COUNCILMAN FROM WARD FOUR (4) AS FOLLOWS: Michael E. Malone 221 votes; Ben M. Hinds 31 votes; David Thomas 19 votes; James E. Lynch, Jr. 9 votes; Write -In Candidates �� votes. (2) IN WARD FIVE (5) A TOTAL OF 167 VOTES WERE CAST FOR COUNCILMAN FROM WARD FIVE (5) AS FOLLOWS: Curtis R. Fendley 63 votes; W. C. Francis 23 votes; David Philley -Bu— votes; Write --In Candidates 0 votes. (3) IN WARD SEVEN (7) A TOTAL OF 228 VOTES WERE CAST FOR COUNCILMAN FROM WARD SEVEN (7) AS FOLLOWS: Raymond S. Wunsch 136 votes; Freddy Swaim 92 votes; Write -In Candidates p votes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That from the above and foregoing canvass of the returns of the votes in the three (3) respective voting boxes in such election, it is declared and determined that Michael E. Malone 968 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 David Philley is the person receiving the highest number of votes of the votes cast at such election for Councilman From Ward Five (5), and is therefore 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 Raymond S. Wunsch 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 13th day of April, 1977. tarries M. Brunett , ayor ATTEST: II. C. Gre ne, City Clerk APPROVED 6S TO FORM: , 7�- T. K. aynes, City Attorney 9619 City Judge Cedric Townsend administered the oath of office to Mr. Malone and Mr. Wunsch Councilman Malone and Councilman Wunsch assumed their chairs at the Council table. Mayor Brunette expressed the appreciation of the Council and in behalf of the citizens of Paris to Mr. Hinds and Mr. Swaim for their contribution as Councilmen. City Attorney Haynes advised the Council that selection of a temporary presiding officer was not necessary, in that the present mayor was still seated on the Council and that a mayor and mayor pro -tem would be elected at the next regular Council meeting. City Manager Sweatt presented a request from Mrs. Hugh Whitaker for water service in the "gray area" and recommended its approval. A motion was made by Councilman Williams and seconded by Councilman Fisher to approve the request. The motion carried: S ayes, 0 nays. There being no further business, the meeting adjourned. MAYOR JAMES M. BRUNETTE ATTEST: H. C. Greene, City Clerk 970 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL April 25, 1977 A special meeting of the City Council was held on April 25, 1977 at 7:-00 P. M. Mayor James M. Brunette called the meeting to order with the following Councilmen present: -- George Fisher, Jr., David Philley, Michael Malone, David Philley, Walter F. Williams, and Raymond Wunsch. Also present were City Ptanager K. R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene. City Judge Cedric Townsend administered the oath of office to Councilman David Philley, Mr. Philley having been absent at the charter called meeting on April 13, 1977. Mayor Brunette announced that the purpose of the special meeting was for the intro- duction of annexation ordinance for a portion of the Morningside Estates Addition. Annexation Ordinance: "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 27.68 ACRES, MORE OR LESS, °WHICH IS LESS THAN TEN PER CENT (10 %) OF THE TERRITORY INCLUDED WITHIN ITS PRESENT CITY LIMITS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND PROVIDING ZONING FOR SAID TERRITORY." was presented. Mayor Brunette advised that no action was necessary on the annexation ordinance. Mayor Brunette declared the public hearing open and continued on the request of Texas Power & Light Company for a rate increase. Mayor Brunette called for any comments from citizens present in the audience, and Mr. Leon Williams appeared before the Council submitting petitions against the rate in- crease as follows: TO THE MEMBERS OF THE CITY COUNCIL, CITY OF PARIS: " WE, the undersigned citizens of the City of Paris Texas, and customers of Texas Power & Light Co., want to protest the 34% increase in electric utility rates requested by Texas Power & Light Co., since this would amount to an increase in electric utility bills for the citizens of Paris in the amount of $3,827,000, and an average increase for -each residential customer in the City of Paris of $93.13 per year." One hundred sixty -six names appeared on the petitions. City Attorney Haynes presented a report of his and Director of Finance Greene's attendance in Waco on April 15, 1977 conducted by Touche -Ross, consultants employed to study the Texas Power & tight Company rate increase request.. City Manager Sweatt reported on his meeting with the Public Utility Commission on this date, April 25, 1977, and their decision to grant Texas Power & Light Company '—' a rate increase which would generate $58,242,508.00, and advised that. the Public Utility Commission had given guidelines on the construction of a rate book, such rate book to be presented within 20 days from date. Resolution No. 1803, resolving that Texas Power & Light Company is entitled to a rate increase in revenues amounting to $58,242,508.00 and granting the rate increase effective immediately and to be reflected on bills rendered after May 31, 1977, was presented. A motion was made by Councilman Wunsch and seconded by Councilman Williams for the adoption of the resolution. A poll of the Council showed '5 ayes, 1 nay, Coun- cilman Malone voting nay. 9 :/ RESOLUTION NO. 1803 WHEREAS, Texas Power & Light Company, on December 22, 1976, did file its application for increase in its rates; and, WHEREAS, the City Council of the City of Paris did hereto- fore in Resolution No. 1781 suspend the effective date of said re- quested rate increase, so that the same would not go into effect on January 26, 1977; and, WHEREAS, having held public hearings with regard to such rate request; and, WHEREAS, being aware of the Public Utility Commission of the State of Texas' decision this date, wherein it declared that Texas Power & Light Company was entitled to a rate increase which would generate $58,242,508.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, AS FOLLOWS: 1. That Texas Power & Light Company is entitled to a rate increase which will generate throughout its system $58, 242, 508.00 in increased revenue. 2. - That the City Council of the City of Paris will: approve, when furnished, a rate schedule and tariffs of Texas Power & Light Company that will equitably place the burden of this rate in- crease among the several classifications of users. 3. That such rate, when approved by the City of Paris, will be effective immediately and be reflected on bills rendered after May 31, 1977. Passed and adopted this 25th day of April, 1977. ATTEST: I . . Greene, City Clerk APPROVED TO FORM: T. K. Haynes, City attorney 972 Mayor Brunette declared the Council in executive session. City Attorney Haynes advised the Council of pending litigation. City Manager Sweatt advised the Council of the receipt of a statement for attorney's fees and the decision of the United States District Court awarding $12,315.30 to the firm of Cornett, Echols & Biard. Mayor Brunette declared the executive session closed and the regular session open. A motion was made by Councilman Fisher and seconded by Councilman Malone authorizing the payment of $12,315.30 to the firm of Cornett, Echols & Biard as ordered by the United States District Court. The motion carried: S ayes, 0 nays. There being no further business, the meeting adjourned. MAYOR JAMES M. BRUNETTE ATTEST: H. C. Greene- City Clerk 973 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL May 9, 1977 The regular meeting of the City Council was held on May 9, 1977 at 7:00 P. M. Mayor James M. Brunette called the meeting to order with the following Councilmen present: George Fisher, Jr., Michael Malone, David Philley, Jimmy Don Stone, Walter F. Wil- liams, and Raymond Wunsch. Also present were City Manager K. R. Sweatt, City Attor- ney T. K. Haynes, and City Clerk H. C. Greene. Prayer was offered by Father Samuel Metzgar, pastor of Our Lady of Victory Church. Mayor Brunette asked if there were any additions or corrections to the minutes of previous meetings as furnished the members of the Council. There being none, the minutes were approved. Mayor Brunette announced that the first order of business would be election of a mayor and mayor pro -tem for the forthcoming year and invited nominations from the Council. .Councilman Wunsch nominated Councilman Brunette and Councilman Malone nominated Councilman Philley. There being no further nominations, Mayor Brunette called for secret ballot. City Clerk Greene read the ballots aloud which showed Councilman Brunette - 5 votes, Councilman Philley - 2 votes, and Councilman Bru- nette was elected mayor. Mayor Brunette announced nominations were open for mayor pro -tem. Councilman Ma- lone nominated Councilman Fisher and Councilman Stone nominated Councilman Williams... There being no further nominations, Mayor Brunette announced that secret ballot would be held. Votes were read aloud by City Clerk Greene, which showed Councilman Williams - 4 votes, Councilman Fisher - 3 votes, and Councilman Williams was elected mayor pro -tem. Mayor Brunette announced that the next order of business would be consideration of recommendations made by the Planning and Zoning Commission. Mayor Brunette declared the public hearing open on the petition of Mrs. George Serum for change in zoning from One - Family Dwelling District No. 2 to a Two - Family Dwelling District on Lots 1, 2, 3, 4, 5, 6, and 7, Block 2, Brookside Addition. The Planning and Zoning Commission had voted to recommend approval of the request. Mayor Brunette called for proponents to appear, and Mr. Gyles Norwood appeared in behalf of Mrs. Serur and stated that a duplex structure was proposed for the pro- perty. Mayor Brunette called for opponents to appear, and none-appeared. Ordinance No. 2326: "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 TWO- FAMILY DWELLING DISTRICT (2F) ON LOTS 1, 2, 3, 4, 5, 6, AND 7, BLOCK 2 of BROOK - SIDE ADDITION, ON PROPERTY BELONGING TO MRS. GEORGE SERUR, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE TWO- FAMILY DWELLING DISTRICT (2F) SO ESTAB- LISHED." was presented. A motion as made by Councilman Williams and seconded by Councilman Malone for the adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Brunette 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 and appropriate zoning for a Health Spa on part of Lots 2 and 3, City Block 248B, located at the intersection of Clarksville Street and 20th Street S. E. The Plan- ning and Zoning Commission had voted to recommend denial of this request. Mayor Brunette called for proponents to appear, and Mr. Lowry Carrington appeared and requested that his petition be referred back to the Planning and Zoning Commis- sion with the Health Spa portion of his request eliminated. -A-mot-ion was -- ►-made by - Councilman Phi 1 l ey and seconded by Councilman Vhmsth to approve the request. Before the vote, Mayor Brunette asked for opponents to the proposi- tion to appear. Mrs. Virginia Jessee appeared, stating that she was opposed to any- thing for the property other than a dwelling. Mr. C. B. Coons, Mrs. J. A. Stephens, Mrs. Ted McClain, and Mrs. Frank McClure all appeared in opposition to the zoning. Mayor Brunette declared the public hearing closed, and called fora vote on the motion. The motion carried: 7 ayes, 0 nays. Mayor Brunette referred the petition back to the Planning and Zoning Commission for their consideration and called for a public hearing at the next regular Council meeting. city Attorney Haynes presented the following petitions for re zoning: Mickey York, Lot 5, City Block 167, from Agricultural District to Commercial District; .J. W. McCoy, Lot 6, City Block 318, from Agricultural District to Commercial District; Henry L. Erwin, Lots 5 and 6, City Block 189, from Two - Family Dwelling District to Commercial District; Wayne and Gene Brown, Lot 1, City Block 315, from Agricultural District to General Retail District; James Rheudasil, Lot 1, City Block 266, from Multiple Family District l to Commercial District. Mayor Brunette referred the petitions to the Planning and Zoning Commission for their study and recommendation and called for a public hearing at the next regular Coun_ cil meeting. Mayor Brunette presented a request from Mr. James Howell for an aeronautical permit at Cox Field which included agricultural spray operation and pilot training. After discussion, a motion was made by Councilman Malone and seconded by Councilman Wunsch to approve the application subject to satisfactory insurance coverage. The motion carried: 7 ayes, 0 nays. Mayor Brunette called for the receipt of bids for the drainage structure in Tangle- wood Addition north of Mahaffey Lane, and City Manager Sweatt presented the fol- lowing bid: Bill Haley - 101 feet - $4,317.02 City Manager Sweatt advised that the City's portion of the bid was for 50 feet at a cost of $2,137.14 and property owners' portion was for 51 feet at a cost of $2,179.88. City Attorney Haynes presented a resolution authorizing and directing the city manager to enter into a contract with Bill Haley, the bidder, for construe tion. After discussion, a motion was made by Councilman Philley and seconded by Councilman Fisher to deny approval of the resolution. The motion carried: 5 ayes, 2 nays, Councilman Stone and Councilman Brunette voting nay, and the bid was re- jected. Resolution No. 1804, appointing Michael E. Malone and George Fisher, Jr. as members of the Board of Directors of the Ark -Tex Council of Governments to serve until their successors are duly qualified or installed or until they become disqualified to so serve, was presented. A motion was made by Councilman Wunsch and seconded by Coun- cilman Stone for the adoption of the resolution. The motion carried: 7 ayes,_ 0 nays. 9 7 =3 RESOLUTION NO. 1804 WHEREAS, the City of Paris, Paris, Texas, is a member of the Ark -Tex Council of Governments; and, WHEREAS, in accordance with the Bylaws of the Art: -Tex Council of Governments the Board of Directors of same shall be composed of members elected or appointed by the membership; and, WHEREAS, the City of Paris is entitled to appoint three mem- bers of the Board of Directors of Ark -Tex Council. of Governments as provided in the Bylaws of the same; and, WHEREAS, James M. Brunette, Mayor of the City of Paris, recommends the appointment by the City Council of the City of Paris of Michael E.- Malone and George Fisher, Jr. , to serve until their successors are duly qualified or installed or until they become disqualified to so serve; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Michael E. Malone and George Fisher, Jr. , be, and they are hereby appointed as members of the Board of Directors of Ark -Tex Council of Governments, to serve until their successors are duly qualified or installed, or until they become disqualified to so serve. Passed and adopted this 9th day of May, 1977. J m s M. runette, i ayor ATTEST: H. C. Gree "e, City Clerk .APPROVED TO FORM: Haynes, ity Attorney City Manager Sweatt presented a request from the Downtown Merchants Association, re questing the City of Paris to make application to the Texas Department of Community Affairs for a 2/3 grant for the cost of conducting a study and recommendation fr in action regarding the downtown development. ter. Doug Weiburg appeared the Downtown Merchants Association and stated that the merchants were prepared to fund 1/3 of the cost of the project with 2/3 being funded by the Texas Department of Community Affairs and requested the City to make application. Resolution No. 1805, authorizing and directing the city manager to make application for a $10,000 grant for a comprehensive study of the downtown business district, was presented. A motion was made by Councilman Williams and seconded by Councilman Fisher for the adoption of the resolution. The motion carried: 7 ayes, -0 nays. RESOLUTION NO. 1805 . WHEREAS, the Texas Department of Community Affairs has funding- under the "701" Planning and Management. Program of the Housing and Community Development Act of 1974, as aynended, and grants under such program are available on a two- thirds State and one -third local funds basis; and, WHEREAS, the City Council of the City of Paris is desirous of processing a grant application for . a comprehensive study of the downtown business district of Paris, Texas, at a total project cost of $15, 000. 00, $10, 000.00 to be provided by grant and $5, 000.00 to be provided by local funds and in kind services; NOW, THERE- FORE, 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 grant in the amount of $10, 000. 00, being two- thirds of the estimated costs of the Comprehensive Study of the Downtown Business District of Paris, Texas Project, with the City of Paris providing $5, 000.00 in funds and in kind services. 2. That Kerry R. Sweatt, City Manager of the City of Paris, Paris, Texas, be, and he is hereby authorized and directed, on be- half of the City of Paris, to execute and file such application for grant and assurances of compliance with all of the requirements for said grant, to execute such contract or contracts as may be necessary for the grant applied for, to provide such information and furnish such documents as may be required by said Department and to act as the authorized correspondent and representative for the accomplishment of the project. 3. That Joe N. McCollum, Director of Community Development of the City of Paris, be, and he is hereby designated Project Director. Passed and adopted this 9th day of May, 1977. AT "LEST: I-1. C. Gre ne, City Clerk APPROVED TO FORM: T. I<. Haynes, Aty ttorney 976 9 7 City Manager Sweatt requested authorization for a grant to the Texas Parks and Wild- life Department in the amount of $3,000 covering 50% of the cost of parking and court improvements at Culbertson Park._ Resolution No. 1806, authorizing City Manager Sweatt to make application to the Texas Parks and Wildlife Department for grant in the amount of $3,000, being , of the estimated cost of the parking and court improvements - Culbertson-Park project, was presented. A motion was made by Councilman Philley and seconded by Councilman Williams for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. RESOLUTION NO. 1806 . WHEREAS, the Texas Parks and Wildlife Department of the State of Texas will entertain applications for. grants for additional recreational facilities on a 50 -50 basis; and, WHEREAS, the City Council of the City of Paris is desirous of processing a grant application for parking improvements to serve the Culbertson Park Tennis Courts, at a total project cost of $6, 000. 00, $3, 000.00 to be provided by grant and $3, 000.00 to be provided by local funds and in kind services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Parks and Wildlife Department for a grant in the amount of $3, 000. 00, being one -half of the estimated costs of the Parking Improvements - Culbertson Park Tennis Courts Project, with the City of Paris pro- viding $3, 000. 00 in funds and in kind services. 2. That Kerry R. Sweatt, City Manager of the City of Paris, Paris, Texas, be and he is hereby authorized and directed, on behalf of the City of Paris, to execute and file such application for grant and assurances of compliance with all of the requirements for said grant, to execute such contract or contracts as may be necessary for the grant applied for, to provide such information and furnish such documents as may be required by said Department, and to act as the authorized correspondent and representative for the accom- plishment of the project. 3. That Joe N. McCollum, Director of Community Development of the City of Paris, be, and he is hereby designated Project Director. Passed and adopted this 9th day of May, 1977. ATTEST: 11. C. Gree e, City Clerk APP OVED AS O FORM: T. K. Haynes, tty ttorney k City Manager Sweatt requested authorization to advertise for bids for a Key Control Fuel System, such bids to be received at 10:00 A. M. on June 8, 1977. A motion was made by Councilman Williams and seconded by Councilman Wunsch to approve the request of the city manager. The motion carried: 7 ayes, 0 nays. Ordinance No. 2327: "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 TIME FOR THE FIRST MEETING OF THE EQUALIZATION BOARD, ESTABLISHING THE RATE OF PAY FOR THE MEMBERS OF SAID BOARD, AND PROVIDING FOR AN EFFECTIVE-DATE." was presented. A motion was made by Councilman Williams and seconded by Councilman Stone for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. City Manager Sweatt recommended that the accounting firm of McClanahan & Holmes be approved to conduct the annual audit as required by City Charter. A motion was made by Councilman Wunsch and seconded by Councilman Malone to approve the request. The motion carried: 7 ayes, 0 nays. Mayor Brunette requested volunteers from the Council for appointment to the City/ School Committee, and Councilman Wunsch and Councilman Malone volunteered their services. Mayor Brunette called for a secret ballot, and City Clerk Greene read results of the ballot, showing Councilman Wunsch - 3 votes, and Councilman Malone 4 votes, and Councilman Malone was appointed as a member of the City /School Committee. There being no further business, the meeting adjourned. MAYOR JAMES M. BRUNETTE ATTEST: H. C. Greene, City Clerk 976 9 -7J MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL May 31., 1977 A special meeting of the City Council was held on May 31, 1977 at 5:15 P. M. Mayor James M. Brunette called the meeting to order with the following Councilmen present: George Fisher, Jr., Michael Malone, David Philley, and Raymond Wunsch. Also pre- sent were City Manager K. R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene. Mayor Brunette announced that the special Council meeting was called for the purpose of the city manager to present the proposed budget for the fiscal year beginning July 1, 1977 and ending June 30, 1978. City Manager Sweatt presented the proposed budget of the five funds, including the General Fund, Water and Sewer Fund, Airport Fund, Revenue Share Fund, and Anti - recession Fiscal Assistance Fund and requested a public hearing be called on the proposed budget. After discussion, a motion was made by Councilman Wunsch and se- conded by'Counciiman Malone to call the public hearing for Tuesday, June 7, 1977 at 7:00 P. M. The motion carried: 5 ayes, 0 nays. City Manager Sweatt presented the final plat of Cherry Lane Estates and advised the Council that the Planning and Zoning Commission had recommended approval subject to compliance with the exceptions noted in the Director of Public Works` memorandum dated May 31, 1977. Mr. A. 1.1. Clem appeared before the Council . in behalf of the sub - divider, stating that all exceptions will be taken care of by 8:00 A. M., June 1, 1977. A motion was made by Councilman Fisher and seconded by Councilman Wunsch to approve the final plat of the Cherry Lane Estates subject to the requirements of the Director of Public Works. The motion carried: 5 ayes, 0 nays. — City Manager Sweatt presented a request from Mr. Sam Gentle for water service in the "gray area" on FM 79 and recommended approval. A motion was made by Councilman Wunsch and seconded by Councilman Fisher to approve the request for the water ser- vice. The motion carried: 5 ayes, 0 nays. City Manager Sweatt presented a request from Mr. John W. Martin for a temporary per- mit for placement of a mobile home at 1436 W. Shiloh Street. After discussion, a motion was made by Councilman Wunsch and seconded by Councilman Malone to approve the request. The motion carried: 5 ayes, 0 nays. Mayor Brunette announced that the Council would go into executive session. City Attorney Haynes discussed litigation against the City of Paris concerning drainage structures. Mayor Brunette declared the executive session closed, and the regular session open. Mayor Brunette appointed a committee composed of Councilman Malone and Councilman Wunsch to study the need for the establishment of a Judicial Department. City Attorney Haynes advised that discussion was had in the executive session con- cerning A drainage structure and effect upon its property owners and advised that it would be appropriate for the item to be placed on the next agenda. A motion was made by Councilman Malone and seconded by Councilman Fisher to place the drainage structure recommendation by the city attorney on the next regular agenda. The mo- tion carried: 5 ayes, 0 nays. There being no further business, the meeting adjourned. MAYOR JAMES M. BRUNETTE MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL June 7, 1977 A special meeting of the City Council was held on June 7, 1977 at 7:00 P. M. Mayor James M. Brunette called the meeting to order with the following Councilmen present: George Fisher, Jr., Michael Malone, David Philley, Walter F. Williams, and Raymond Wunsch. Also present were City Manager K. R. Sweatt, City Attorney T. J. Haynes, and City Clerk H. C. Greene. Mayor Brunette called for a report from the Council committee appointed to study and make recommendations as to the establishment of a Judicial Department. Councilman Ma- lone, chairman of the committee, recommended that a Judicial Department be established in the City of Paris with personnel composed of the City Judge and the Municipal Court Clerk. Councilman Wunsch, second member of the committee, did not concur in the recom- mendation and questioned a part -time department head. Mayor Brunette then appointed a third member of the committee, that being Councilman [falter Williams, and requested tht� committee to give the establishment of a Judicial Department further consideration and make recommendations at a future Council meeting. A motion was made by Councilman Williams and seconded by Councilman Malone to call for a public hearing concerning the Judicial Department and the proposed budget for the fiscal year beginning July 1, 1977 for Tuesday, June 14, 1977 at 7:00 P. M. The motion carried: 6 ayes, 0 nays. Mayor Brunette called for City Manager Sweatt.to brief the Council on the proposed budget, and the city manager summarized the budget for the fiscal year 1977 -78. Councilman Malone suggested that Civil Service employees' payment for services be started at $50.00 per month and increased to $800.00 per month after one year of service and to $850.00 per month at the end of 18 months service. Councilman Malone further suggested that 10% increase in salaries be given to non -Civil Service em- ployees with salaries below $610.00 per month and that 5% increase be given to those above the $610.00 per month level. Councilman Malone further suggested that $100,000.00 be taken out of the General Fund Storm Drainage Account shown in the proposed budget - Account No. 406 -Y -6 - Street Department, and that $25,000.00 be deleted out of the Parks Department for the renovation and improvements of Wise Field. Mayor Brunette declared the public hearing open on the proposed budget for the fiscal year beginning July 19 1977 and called for interested citizens to comment. Mr. Del Drake appeared, stating that the Police Department lower echelon needs more salaries than the proposed budget and suggested an $850.00 per month salary for pa- trolmen. Mr. A. 14. Clem appeared and stated that he was appearing merely as a tax - paying citi- zen and also stated that salaries of patrolmen should begin at $720.00 per month and within 3 years should be at the $900.00 to $1,000.00 per month level. Mrs. Jackie Roden appeared in behalf of the Lamar County Child Development program and requested $2,000.00 in the next fiscal year's budget to fund that program. Mrs. Elvis Gaines appeared and recommended that street improvements be made in the black community and that renovation be made at Record and Johnson Street Park. Mrs. C. J. Smith, 706 NE 1st, appeared before the Council, requesting that delapidated g�2 houses to torn down in that area. Mr. J. B. Doaks, 1113 Blake Road, appeared before the Council, requesting that Blake Road be paved. Reverend A. M. Seamon appeared before the Council requesting that improvements be made to Johnson Street Park, Blake Road, and general improvements be made to streets in the black community. Mr. Leon Williams appeared before the Council, requesting that street improvements be made in the black community. Mr. Elbert Desmond appeared before the Council, requesting that the attention of the City be directed to unkept and unattended lots and that improvements be made to John- son Street Park, attention be directed to delapidated houses, and suggested a munici- pal swimming pool. Mr. J. H. Blankinship appeared before the Council in behalf of the Paris Independent School District School Board and requested that the widening and paving project for. 24th Street S. E. remain in the budget and the project completed. Dr. Donald Lewis appeared before the Council, requesting that the protective signaliza- tion system on 24th Street S. E. remain in the budget and the project completed. Mr. Paul Daniels appeared before the Council, questioning the request of the Senior Citizens project for an addition to their building at Kaufman and 19th Street S. W..', and was informed that the project was in the proposed budget Mr. Homer Thornton appeared before the Council in behalf of the Paris -Lamar County Chamber of Commerce Board of Directors, stating that the chamber supported the hotel- motel occupancy tax in which the City had a contract with the Chamber of Commerce for the promotion of the City of Paris and that the project for the study of the downtown area as proposed by the Downtown Development Association remain in the proposed. budget. Mr. Thornton stated that the Board of Directors supported the Sanitary. - Landfill pro- ject as well as the improvements on 24th Street S. E. stating that the project was vital to the City as a whole. Mr. Thornton stated also that the Board of Directors sup - ported the protective.signalization of 24th Street S. E. railroad crossing. Mayor Brunette declared the public hearing closed. Councilman Malone stated that,he felt that 24th Street S. E. was. adequate and that 12th Street S. E. leading to Jefferson Road and Paris High School could be widened; that emphasis on Wise Field be taken off. Councilman Williams stated that Wise Field improvements, in his opinion, could be deleted from the budget. Councilman Williams stated that he was concerned in getting the number of persons involved in assessment programs, that being presently 70%, to participate in street assessment programs and suggested that major thoroughfare streets be given priority. Councilman Fisher suggested that the new budget omit development of Wise Field and that he opposed the 24th Street S. E. project and questioned the railroad signaliza- tion on 24th Street S. E. Councilman Malone suggested that $700.00 be placed in the budget as a grant to the Optimist Club for the electric bill at the Woodall Little League Park and that $2,000.00 be placed in the budget for the Lamar County Child Development Program and further that travel expenses for nurses be placed in the budget. Councilman Philley suggested that money in Revenue Sharing could be better utilized on capital improvements and suggested that water improvements proposed for the Water and Sewer Fund budget be funded from Revenue Sharing Funds. City Manager Sweatt reminded the Council that in accordance with the federal guide- lines, a public hearing was held on May 17, 1977 at 1:30 P. M. by the chief executive officer of the City on Revenue Sharing Funds. City Manager Sweatt requested an executive session to discuss personnel matters. Mayor Brunette declared an executive session, and City Manager Sweatt discussed a personnel matter. Mayor Brunette declared the executive session closed, and the regular session open. Upon consensus of the Council, Mayor Brunette instructed the city manager to generate figures and estimates for the proposed 1977 -78 budget, taking into consideration sug- gestions made by the Councilmen at the public hearing, such revised figures to be presented at a public hearing called for June 14, 1977. The manager was directed to publish the required legal notices as required by the City Charter for an additional public hearing. There being no further business, the meeting adjourned MAYOR JAMES M. BRUNETTE ATTEST H. C. Greene, City Clerk 98" v MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL Julie 13, 1977 The regular meeting of the City Council was held on June 13, 1977 at 7:00 P. M. Mayor James M. Brunette called the meeting to order with the following Councilmen present: George "Fisher, Jr., Michael Malone, David Philley, Jimmy Don Stone, Walter F. Williams and Raymond Wunsch. Also present were Assistant City Manager H. C. Greene, City Attorney T. K. Haynes, and Acting City_Clerk Joe N. McCollum. Prayer was offered by Jimmy D. Newman, pastor of the College Church of Christ. Mayor Brunette asked if there were any additions or corrections to the minutes-of the previous meetings as furnished the members of the Council.. There being none, the minutes were approved: Mayor Brunette announced that the next order of business would be consideration of recommendations made by the Planning and Zoning Commission. Mayor-Brunette de- clared the public hearing open on the petition of Lowry Carrington for a change in zoning from a Two- Family.Dwelling District (2F) to an Office District (0) on part. of Lots 2 and 3, City Block 2486, located on the southwest corner of Clarksville Street and 20th S. E. The Planning and Zoning Commission had voted to recommend denial of this request. Mayor Brunette called for proponents to appear and none were present in the audience. Mayor Brunette called for opponents to appear and Mrs. Virginia Jessee called to the Council's attention a petition which had been presented to the Planning:-.and Zoning Commission and signed by neighbors within 200 feet of this tract in opposition to the proposal. Mr. J. D. McLaughlin also spoke stating that the proposal would be an encroachment into the neighborhood and stated that several area residents were in attendance opposing the request and would be willing to speak if necessary. Mayor Brunette declared the public hearing closed and called for the reading of the ordinance. An ordinance was offered for the zoning change. A motion was made by Councilman Wunsch and seconded by Councilman Malone for denial of the ordinance. The motion carried: 7 ayes, 0 nays. Mayor Brunette declared the public hearing open to consider the petition of Mickey York for a change in zoning from an Agricultural District (A) ito a Commercial Dis- trict (C) on.Lot 5, City Block 167, located on the northeast corner of Loop 286 S. E. and 3rd S. E. Mayor Brunette called for proponents to appear, and Mr. York spoke, stating he proposed to operate a feed store on the property. Mayor Brunette called for opponents to appear, and none appeared. Mayor Brunette declared the public hearing closed and called for the reading of the ordinance. Ordinance No. 2328: C "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 COMMERCIAL DISTRICT (C) ON LOT 5, CITY BLOCK 167, ON PROPERTY BELONGING TO MICKEY YORK, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED." was presented. A motion was made by Councilman Wunsch and seconded by Councilman Williams for adoption of the ordinance. The motion carried: 7 ayes, 0 nays. Mayor Brunette declared the public hearing open to consider the petition of James Rheudasil fora change in zoning from a Multi- Family Dwelling District (MF -1) to a Commercial District (C) on Lot 1, City Block 266, located on the southeast corner of 17th N. E. and Loop 286 N. E. Mayor Brunette called for proponents to appear, and Mr. Rheudasil was present asking for commercial zoning in order to develop a building for tractor and implement sales. Mayor Brunette called for opponents to appear, and none.appeared. Mayor Brunette declared the public hearing closed and called for the reading of the ordinance. Ordinance No. 2329: "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 COMMERCIAL DISTRICT (C) ON LOT 1, CITY BLOCK 266, ON PROPERTY BELONGING TO JAMES RHEUDASIL, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIG- NATED AS A MULTIPLE FAMILY DWELLING DISTRICT NO. 1, (MF -1); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED." was presented. A motion was made by Councilman Fisher and seconded by Councilman Philley for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. Mayor Brunette declared a public hearing open to consider the petition of Dr. J. W. McCoy, Sr. for a change in zoning from an Agricultural District (A) to a Commer- cial District (C) on Lot 6, City Block 318, located on the north side of Loop 286 N. E. approximately 750 feet west of 34th N. E. Mayor Brunette called for proponents to appear, and Dr. McCoy was present, stating that he proposed to develop an office building on a one acre section of this tract. Mayor Brunette called for opponents to appear, and none appeared. Mayor Brunette declared the public hearing closed and called for the reading of the ordinance. Ordinance No. 2330: 9v0 "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY T "t ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOT 6, CITY BLOCK 318, ON PROPERTY BELONGING TO J. 41. McCOY, SR.,*SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIG- NATED AS AN AGRICULTURAL DISTRICT (A); AND DESIGNATING THE BOUN- DARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED." was presented. A motion was made by Councilman Wunsch and seconded by Councilman Fisher for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. Mayor Brunette declared the public hearing open to consider the petition of H. L. Ervin for a change in zoning from a Two - Family Dwelling District (2F) to a Commer- cial District -(C) on Lots 5 and 6, City Block 189, located on the northwest corner of 13th N. W. and Bonham Street. Mr. H. C. Greene informed the mayor that a petition had been received this date with eleven (11) names, eight of which were owners within 200 feet in opposition 'to the proposed change. Mayor Brunette called for proponents to appear, and Mr. Eric Clifford, representing Mr. Ervin-, told the Council that Mr. Ervin had purchased this property thinking that it was zoned commercial *and could be used for the sale of cars. He went on to say that a garage had been in operation for over eight years at this location. Mr. Clifford then presented a petition signed by fifteen (15) area owners in support of the application, which contained several of the names who had signed the earlier petition opposing the change. L. C. Brown, Dudley Horton, Grace Melton, Eric and Florence Jordan and Philip Whita ker were also present in support of the request. Mayor Brunette called for opponents to appear, and J. D. McLaughlin appeared, stating that the protest - petition had been filed through his office and had been signed by eight landowners and three elders of the Bonham Street Church of Christ. Emory Bridges, B. E. Cannon.and David Long, all elders of the Bonham Street Church of Christ, also spoke in opposition to the proposed zoning change. Mayor Brunette declared the public hearing closed and called for the reading of the ordinance. An ordinance was offered to change the zoning. Discussion by the Council centered on whether specific restrictions could be placed on the zoning. The city attorney stated that contractual considerations could. be placed in the ordinance for this particular property if the Council so desired. Mr. McLaughlin then requested that the request be delayed in order to work out some restrictions with the applicant. Mr. Clifford stated that there was no change pro- posed for the property and no additional buildings to be constructed and would not object to the specific restrictions being placed on the property. A motion was made by Councilman Stone and seconded by Councilman Fisher that the pub- lic hearing on the application or petition be continued until the next meeting. The motion carried: 7 ayes, 0 nays. Mayor Brunette declared the public hearing open to consider the petition of Wayne and Gene Brown for a change in zoning from an Agricultural District (A) to a General Retail District (GR) on Lot 1, City Block 315, located on the northeast corner of Loop 286 N. E. and Lamar Avenue. C,�,_' Mayor Brunette called for proponents to appear, and Mr. Wayne Brown was present and stated that the requested retail zoning was for the purpose of developing a motel and other business uses on the property. Mayor Brunette called for opponents to appear, and none appeared. Mayor Brunette then declared the public hearing closed and called for the reading of the ordinance. Ordinance No. 2331: "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 LOT 1, CITY BLOCK 315, UPON PROPERTY OF WHICH WAYNE BROWN AND GENE BROWN OWN A CURRENT OPTION, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) SO ESTABLISHED." was presented. A motion.was made by Councilman Wunsch and seconded by Councilman Williams for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. Mayor Brunette announced that the next item to consider was zoning classification for an unlisted land use. A request had been filed through the Department of Community Development by the Girls Softball of Paris, Inc., asking that a determination be made as to the pro- per zoning classification for a concession building they proposed to be located on the premises owned by the Oak Park Methodist Church. In cooperation with the church, two girls softball fields had been developed on the west side of the church's pro- perty at 27th S. W. and Austin Streets. -- The Planning and Zoning Commission had considered the matter at its last meeting and had recommended to the City Council that concession buildings and restrooms be con= sidered as an accessory use facility with parks and playgrounds and should be allowed in those districts in which parks and playgrounds were permitted by the zoning ordi- nance. Rita Dozier and Donnie Erwing, associated with the Girls Softball of Paris, Inc. were present and emphasized the need for these facilities in connection with the soft- ball program for the young women of the community. Mayor Brunette called for a recommendation and a reading of a resolution by the city attorney. Resolution No. 1807, declaring that a concession activity, open only for scheduled public activities , is a permitted use where parks are permitted, was presented. A motion was made by Councilman Fisher and seconded by Councilman Wunsch for the adop- tion of the resolution. The motion carried: 7 ayes, 0 nays. RESOLUTION NO. 1807 WHEREAS, the City Council of the City of Paris, upon receipt of the. recommendation of the Planning and Zoning Commission, does hereby consider the permitting under Zoning Ordinance No. 1710 of concession activities in conjunction with park activities; and, WHEREAS, the City Council of the City of Paris does hereby find that a concession activity is a park activity and is not a General Retail activity; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That a concession activity, open only for scheduled activities to which the public is invited and to which the public is expected. to attend, is a permitted use in any district where parks are a per- mitted use. :Passed and adopted this 13th day of June, 1977. . / b a es M. Brunet e, Mayor ATTEST: H. C. Gre ne, City Clerk APP OVED O FORM: K. yes, ity Attorney The next item was consideration of a recommendation ha ianrequestthadpbeengmade by Mr. N. E. Assistant City Manager Greene stat Charles Greb to be allowed to curb and gutter the west side of 20th N. E. from Tudor 9 31 Street to a point 185 feet south. Mr. Greb had requested a permit to.pave the street to a width of 39 feet in order to miss a large pecan tree which would bp in the way if the street were paved to the 44 foot wide section presently designed for this street. Mr. Greb was present stating that a 40 or 41 foot width would be alright for his plans and would permit the pecan tree to remain. He went on to say that this width would also allow a power pole and fire hydrant to remain in their.present locations and that they would have to be removed should a 44 foot wide section be installed. It was pointed out that all recent paving in this area of 20th N. E. had been con- structed in accordance with the design of 44 feet in width. Councilman Williams was concerned about the future obligation to widen the street should Mr. Greb be allowed to pave to a 39 or 40 foot wide section. Mr. Greb stated that he would be happy to.place a cash bond with the City to replace the curb in the event the-pavement is widened in the future. A motion was made by Councilman Stone and seconded by Councilman Wunsch that Mr. Greb be allowed to curb and gutter to a 40 or 41 foot wide section with the stipulation th =- the cash bond equal to $3.60 per linear foot curbing be placed with the City. In discussion, City Attorney Haynes informed the Council that such action would pro- mote additional - negotiations between individuals and the Council in the event they wanted to improve a street to a smaller section than was called for in the Master Plan. Mayor Brunette then called for the vote on Councilman Stone's motion. The motion carried: 5 ayes, 2 nays. City Attorney Haynes presented the following petitions for re-- zoning: H. E. Enloe and Glenn Justice, part of Lot 3, City Block 102 -A, from a General Retail District (GR) to a Commercial District (C); McClanahan & Holmes, Lot 1, City Block 182 -A and Lot 1, Finn Place from a Multi - Family Dwelling District No. 1 to an Office District (0). Mayor Brunette referred the petitions to the Planning and Zoning Com€i►ission for their study and recommendation and called for a public hearing at the next regular Council meeting. Assistant City Manager Greene presented information regarding the Texas Power & Light Company rate and tariff book. Mayor Brunette stated that an ordinance was required regarding this matter and called for the reading of the ordinance. Ordinance No. 23310: "AN ORDINANCE APPROVING'CERTAIN RATE SCHEDULES FILED BY TEXAS POWER & LIGHT COMPANY IN THE CITY OF PARIS, TEXAS, AND PRO- VIDING. CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN, AND PROVIDING FOR AN EFFEC- TIVE DATE." was presented. A motion was made by Councilman Wunsch and seconded by Councilman Fisher for the adoption of the ordinance. The motion carried: 6 ayes, 1 nay. 0 Ordinance No. 2333: "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 ORDI- NANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1977." was presented. A motion was made by Councilman Stone and seconded by Councilman Williams for the adoption-of the ordinance. The motion carried: 7 ayes, 0 nays. Ordinance No. 2334: "AN ORDINANCE ESTABLISHING 20 MILE PER HOUR SPEED LIMITS ON CER- TAIN PORTIONS OF 20TH S. E., 22ND S. E. , HUBBARD STREET, CLEVE- LAND STREET, PINE BLUFF STREET, 8TH S. E., EAST SHERMAN STREET, BLAKE ROAD, GRAHAM STREET AND SOUTH COLLEGIATE DRIVE; PROVIDING FOR A FINE NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF- ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1977." was presented. In discussion, Councilman Philley recommended that Section 1 of the ordinance be amended to read "20 MPH from 7:30 A. M. to 4 :00 o'clock P. M Coun- cilman Wunsch made a motion, seconded by Councilman Malone -for the adoption of the ordinance, as amended. The motion carried: 7 ayes, O nays. Ordinance No. 2335: "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 27.68 ACRES, MORE OR LESS, WHICH IS LESS THAN TEN PER CENT (10 %) OF THE TERRITORY INCLUDED WITHIN ITS PRE- SENT CITY LIMITS, WHICH SAID TERRITORY LIES ADJACENT TO AND AD- JOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND PROVIDING ZONING FOR SAID TERRITORY." was presented. A motion was made by Councilman Williams, and seconded by Council- man Fisher for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. Mayor Brunette stated that the next item of business was to consider approval of re- commended changes to the Civil Service Rules and Regulations. Mr. Charles Casey of the Civil Service Commission commented on the proposed changes to the Rules and Regu- lations and recommended approval by the Council. A motion was made by Councilman Fisher to approve and adopt the amended Civil Service Rules and Regulations. Coun- cilman Wunsch seconded the motion which carried: 7 ayes, 0 nays. The Council deferred until the July meeting an ordinance regarding change to Civil Service Commission meeting schedule. Mayor Brunette then called for bids regarding fuel control system and Assistant City Manager Greene presented the following bids: Roddy McCarrell, Paris Pump Service - Paris Texas - Total Bid $6,228.98 United Pump Supply, Dallas, Texas Total Bid $6,275.00 -- Assistant City Manager Greene recommended the acceptance of the low bid from Roddy McCarrell in the amount of $6,228.98. Resolution No. 1808, authorizing City Manager K. R. Sweatt to execute on behalf of the City of Paris a contract with Roddy McCarrell d /b /a Paris Pump Service to fur- nish and install three (3) New Key Control Gas Pumps, was presented. A motion was made by Councilman Wunsch and seconded by Councilman Williams for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. RESOLUTION NO. 1808 WHEREAS, the City Council of the City of Paris, did at its Council Meeting on the 9th day of May, 1977, approve the advertise- ment for bids for Three (3) New Key Control Gas Pumps for the Purchasing Department, in accordance with detailed specifications, which bids were received until 10:00 o'clock A. M. , Wednesday, June 8, 1977; and, WHEREAS, the best bid for Three (3) New Key Control Gas Pumps was made by Roddy McCarrell, d/b /a Paris Pump Service, and he should be awarded the contract for the delivery and in- stallation of such pumps; and, WHEREAS, the form of contract to furnish and install such pumps is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the bid of Roddy McCarrell, d/b /a Paris Pump Service, to furnish and install Three (3) New Key Control Gas Pumps for the City of Paris Purchasing Department, in the amount of $6, 228. 98, is hereby accepted and let, conditioned upon said contractor meeting all of the terms and conditions included in the bid documents; and, BE IT FURTHER RESOLVED, That the City Manager of the City of Paris, Kerry R. Sweatt, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the contract with Roddy McCarrell, d/b /a Paris Pump Service, to furnish and install Three (3) New Key Control Gas Pumps for the City of Paris Purchasing Department, upon the terms and conditions and in the form shown in Exhibit A attached hereto. Passed and adopted this 13th day of June, 1977. ATTEST: H. C. Greefte, City Clerk APP O =ED O FORM: T. K. Haynes, City Attorney N Mayor Brunette announced that the next order of business was to consider action re- garding drainage ditch replacement in the 3000 block of Mahaffey bane. City Attorney Haynes reported this was the same project previously considered with the City's por- tion of the drainage structure being 50 feet in length and. the property owners' por- tion being 51 feet. He recommended going ahead with the project. A motion was made by Councilman Williams and seconded by Councilman Wunsch to advertise for bids for the construction of this drainage ditch for consideration at the next regular Council meeting. The motion carried: 7 ayes, 0 nays. Resolution Ho. 1809, appointing Ruth Hancock and re- appointing F. I. McClanahan and James R. Moore as members on the Board of Commissioners of the Housing Authority for a term of two years beginning July 1, 1977 and ending June 30, 1979, was presented. A motion was made by Councilman Wunsch and seconded by Councilman Malone for the adop- tion of the resolution. The motion carried: 7 ayes, 0 nays. C" J RESOLUTION NO. 1809 . WHEREAS, the term of office of Carl Deweese on the Board of Comm, issioners of the Housing Authority of the City of Paris has become vacant due to his death; and, WHEREAS, the terms of office of F. 1. McClanahan and James R. Moore on said Board will expire on June 30, 1977; and, WHEREAS, it has been recommended to the City Council by the `- Mayor, James M. Brunette, that Ruth Hancock. fill the unexpired term of Carl Deweese and be appointed for a term of two (2) years, be- ginning July 1, 1977 and ending June 30, 1979, and that F. I. McClanahan and James R. Moore be re- appointed to said Board for a term of two (2) years, beginning July 1, 1977 and ending June 30, 1979; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARTS, That. Ruth Hancock, be, and she is hereby appointed as a member of the Board of Commissioners of the Housing Authority of the City of Paris for the remainder of the unexpired term of Carl Deweese and fora term of two (2) years, beginning July 1, 1977 and ending June 30, 1979; and, BE IT FURTHER RESOLVED, That F. I. McClanahan and James R. Moore, 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, 1977 and ending June 30, 1979. Passed and adopted this 13th day of June, 1977. ATTEST: H. C. Greene, City Clerk APP OVE TO FORM: T. K. Haynes, City Attorney Resolution No. 1810, concerning dilapidated housing and referring same to the Building Hazard Inspection Committee for hearings, was presented. A motion was made by Councilman Stone and seconded by Councilman Williams for the adoption of the reso- lution. The motion carried: 7 ayes, 0 nays. RESOLUTION NO. 1810 . WHEREAS, it has been called to the attention of the City Council of the City of Paris, Paris, Texas, that the hereinafter named struc- tures are in an unsafe and dilapidated condition and constitute a fire hazard and a hazard to the life and welfare of the inhabitants of the area, and the City Council has been requested to order the Building Hazard Inspection Committee to hold a hearing to determine the condi- tion of the structures complained of, and the properties involved and the owners thereof are as follows: 1. 528 5th Street, S. E. , Lot 11, City Block 142 Owner - Bostic Estate c/o James Bostic 2. 541 3rd Street, S. W. , Lot 19B, City Block 137 Owner, - Robert A. Burns 118 West Austin .Street Paris, Texas 75460 3. 353 Graham Street, Lot 3, City Block 43 Owner - P. J. Pierce Estate c/o Edward Allen 233 Hazel Street LaPorte, Texas 77571 4. 833 3rd Street, N. W. , Lot 11, City Block 96 Owner - Butler Estate c/o Ruby Reeves _ 5. 770 West Henderson Street, Lot 9, Block 1, Jones Addition Owner -- Willie Wallace Address Unknown 6. 780 West Henderson Street, Lot 11, City Block 100C Owner - Giles Estate 7. 1217 West Shiloh Street, Lot 23, City Block 84 Owner - Young Rollerson 652 12th Street, N. W. Paris, Texas 75460 8. 1434 Plum Street, Lot 4, Block 1, P. W. Harrison's 9th Addition Owner - Richard Huddleston 1034 19th Street, N. W. Paris, Texas 75460 9. 1600 Walker Street, Lot 8, Block 2, Colonial Addition Owner - Leonard Black 1640 Walker Street Paris, Texas 75460 10. 1600 West Long Street, Lot 4, Block 2, Maxey Addition Owner - Leo Smith 706 1st Street, N. E. Paris, Texas 75460 _t ..- J Passed and adopted this 13th day of June, 1977. ATTEST: � L y _mot H. 'C. Greene, City Clerk APP QVED TO FORM: T. <. Haynes, ity Attorney . Resolution No. 1811, granting a 20 foot wide easement across bake Crook property to Lamar County Water Supply District, was presented. A motion was made by Councilman Williams and seconded by Councilman Fisher for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. RESOLUTION NO. 1811 . WHEREAS, the Lamar County Water Supply District is con - structing a line adjacent to the South Boundary Line of F. M. 1499 which Nvill cross the City of Paris Lake Crook property near its Northern Boundary Line; and, WHEREAS, the City Council of the City of Paris wishes to cooperate with the Lamar County Water Supply District in its en- deavors to serve the citizens of Lamar County with treated water; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, James M..Brunette, be, and he is hereby authorized and directed to execute on behalf of the City of Parris a water utility easement in favor of Lamar County Water Supply District, granting to said District a 24 foot easement adjacent to the South Boundary Line of F. M. 1499 across the Northern most . extension of the Lake Crook property, all of which is adjacent to said Farm to Market Road. Passed and adopted this 13th day of June, 1977. ATTEST: H. C. - Gr ne, City Clerk APP OVED TO FORM: �_T./K�.Ha ne ,City Attorney Action concerning a request for annexation and water and sewer service outside the city limits by J. S. Maple was deferred until the next regular Council meeting. There being no further business, the meeting adjourned. MAYOR JAMES M. BRUNETTE ATTEST: N. C. Greene, City Cleric MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL June 14, 1977 A special meeting of the City Council was held on June 14, 1977 at 7:00 P. M. Mayor James M. Brunette called the meeting to order with the following Councilmen present: George Fisher, Jr., Michael Malone, David Philley, Jimmy Don Stone, Walter F. Williams and Raymond Wunsch. Also present were City Manager K. R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene. Resolution No. 1812, transferring appropriations from the Contingent Appropriation Account to departmental budgeted accounts the amount of $43,800.00, was presented. A motion was made by Councilman Wunsch and seconded by Councilman Fisher for the adoption of the resolution. The motion carried: 7 ayes, O nays. r RESOLUTION NO. 1812 WHEREAS, certain operating expenses and capital outlay of the City government have been over expended in appropriation accounts of 1976 -77 fiscal year, which items are as follows: GENERAL FUND GENERAL GOVERNMENT: City Council $12,750.00 City Attorney 2,075.00 PUBLIC SAFETY: Police 4,925.00 Fire 3,650.00 PUBLIC WORKS:, Traffic & Public Lighting 18, 375.00 COMMUNITY DEVELOPMENT: Community Development 2,025.00 Grand Total $43,800.00 AND, WHEREAS, the Contingent Appropriation balance of the City of Paris as of June 14, 1977 is in the amount of $68, 588. 00; 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 Contingent Appropriation Account as shown in the fiscal 1976 -77 Budget, the sum of $43, 800. 00, to be credited to the following accounts: GENERAL FUND GENERAL GOVERNMENT: City Council City Attorney PUBLIC SAFETY: Police Fire PUBLIC WORKS: Traffic & Public Lighting COMMUNITY DEVELOPMENT: Community Development $12,750.00 2,075.00 4,925.00 3,650.00 18, 375.00 I n9r� nn Grand Total $43,800.00 J r a 9 C' Passed and adopted this 14th day of June, 1977. ATTEST: H. C. Gr ne, City Clerk APPROVED S TO FORM: T. . Hayne , City Attorney Mayor Brunette called for a report from the committee appointed to study the estab- lishment of a Judicial Department. Councilman Malone, speaking as chairman of the committee, stated that the committee recommended that a Judicial Department be es- tablished and that the City Judge be named as head of the department. Mayor Brunette announced that the main purpose of the special Council meeting was to consider recommendations of the City Council for amendments to the City Manager's — 'budget presented on May 27, 1977. Mayor Brunette declared the public hearing open on the proposal to eliminate $50,000.00 from the General Fund budget for the development of Wise Field into a playground area. No one appeared for or against the proposition. Mayor Brunette declared the public hearing closed. Councilman Fisher and Councilman Williams expressed their opinions that the present park should be developed rather than develop new ones. After discussion,.a motion was made by Councilman Wunsch and seconded. by Councilman Stone to reinstate $50,000.00 for the development of Wise Field into the General Fund budget - Account No. 403 -Y -15. The motion carried: 4 ayes, 3 nays, Councilman Fisher, Councilman Malone,.and Councilman Williams voting nay. Mayor Brunette declared the public hearing open On the proposition of removing from the Revenue Sharing Fund budget - Account No. 406 -Y -6, for storm sewer.drainage im- provements to the Wise Field facility. Mr. Norman Davis appeared questioning the deletion of $18,000.00 from the Wise Field Project for drainage improvements. —lyor Brunette declared the public hearing closed. ..A motion was made by Councilman lnsch and seconded by Councilman Williams to delete $13,000.00 from the storm sewer project at Wise Field. The motion carried: 6 ayes, 1 nay, Councilman Philley voting nay. Mayor Brunette requested City Manager Sweatt to review the paving project on 24th S. E. from the railroad track south to Jefferson Road. City Manager Sweatt.advised that $95,000.00 had been deleted from the city manager's budget upon recommendation of the 1 010 Council for the paving improvements of 24th S. E. and that $86,000.00 had been recom- mended for elimination for storm sewer project of 24th S. E. Mayor Brunette declared the public hearing open on the Revenue Sharing budget item. Mr. Homer Thornton appeared in favor of leaving amounts in the Revenue Sharing budget for the paving of 24th S. E. Mr. Leon Williams appeared before the Council in opposition to the paving of 24th S. E._ Mr. A. Woods appeared before the Council, stating that he was interested in the im- provement of Blake Road as well as 24th S. E. Mr. Billy Brown appeared before the Council stating he was against the 24th S. E. pro- ject. Mayor Brunette declared the public hearing closed. A motion was made by Councilman Philley and seconded by Councilman Williams to delete 24th S. E. from the Revenue Sharing budget account.. The motion carried: 7 ayes, 0 nays. Mayor Brunette. requested City Manager Sweatt to review recommendations of the Council to delete from the Revenue Sharing budget the 7th Street N. W. improvement project of the Revenue Share Fund. City Manager Sweatt advised that the Revenue Share Fund, at the recommendation of the Council, had $41,600.00 deleted from the Street Im- provement Account and $15,400.00 deleted from the Storm Sewer Drainage Account, both for 7th Street N: W. project. Mayor Brunette declared the public hearing open on the proposal of improvements to 7th Street N. W. No one appeared for or against the proposal. Mayor Brunette declared the public hearing closed. A motion was made by Councilman Fisher and seconded by Councilman Philley to delete the 7th Street N. W. improvement program from the Revenue Sharing budget. The motion carried. 7 ayes, 0 nays. City Manager Sweatt advised the Council that the next item on the agenda was a dele- tion of certain major outfall drainage improvements as contained in Revenue Sharing budget accounts - 406 -Y -6 and stated that approximately $198,546.00 was involved in the Revenue Sharing budget for deletion and $100,000.00 for deletion from the General Fund, also in the outfall drainage improvements project account - 406 -Y -6. Mr. Sweatt advised that certain amendments could be made to the drainage improvement project out- line by eliminating $248,025.00 from the southeast project and that the northeast pro- ject could be reduced as well as the northwest project which contained $176,910.00. Mayor Brunette declared the public hearing open on the major outfall drainage im- provements as contained in the General Fund budget and in the Revenue Sharing Fund budget. Mr. Homer Thornton appeared before the Council, speaking as a member of the Planning and Zoning Commission, stating that numerous complaints had been aired by the com- mission on drainage problems in southeast Paris. M one else appeared, and Mayor Brunette declared the public hearing closed on the drainage improvements projects. After discussion, a motion was made by Councilman Malone and seconded by Councilman Fisher to delete the $100,000.00 contained in Ac- count 406 -Y -6 General Fund and reduce Revenue Sharing Fund project by eliminating the southeast project and $45,300.00 from the northeast project. The motion carried:. ayes, 0 nays. City Manager Sweatt advised the Council that the establishment of a Judicial Depart- ment would cause a deletion of $14,160.00 from the Police budget - General Fund. Mayor Brunette declared the public hearing open on the deletion of $14,160.00 from the General Fund Police Department budget. No one appeared for or against the proposition. Mayor Brunette declared the public hearing closed. A motion was made by Councilman Williams and seconded by Councilman Fisher to delete $14,160.00 from the Police Department budget. The motion carried: 7 ayes, 0 nays. Mayor Brunette declared the public hearing open on the proposition of adding $2,000.00 for funding of the Lamar County Early Childhood Development Program. Mrs. Jackie Roden appeared in behalf of the proposition. No one else appeared for or against the proposition, and Mayor Brunette declared the public hearing closed. A motion was made by Councilman Phiiley and seconded by Councilman Malone to increase the Revenue Sharing budget in the. amount of $2,000.00 for the contribution and funding of the Lamar County Early Childhood Development Program. The motion carried: 7 ayes, 0 nays. Mayor Brunette declared the public hearing open on the proposition of adding $700.00 for contribution to the Optimist Club to pay electrical and li:gbting expenses for .the Optimist Baseball Field - Woodall Park. Mr. Norman Davis appeared in behalf of the propositionl. No one else appeared for or against the proposition, and the public hearing was de- clared closed. A motion was made by Councilman Wunsch and seconded by Councilman Fisher to increase the Revenue Sharing budget in the amount of $700.00 to finance the electric and lighting expenses at Woodall Park. The motion carried: 7 ayes,_ 0 nays. Mayor Brunette declared the public hearing open on the addition to the Revenue Sharing fund of $25,000.00 for improvements to Johnson Street Park. Mr. Leon Williams, Mr. Billy Brown, and Mrs. Billy Gaines appeared in behalf of the project. No one else appeared for or against the project, and the public hearing was declared closed. City Manager Sweatt recommended that .Revenue Sharing money be allocated for the pro- ject and suggested that such money be used for drainage improvements and estimated that culvert and channel costs to be $10,000.00. After discussion, a motion was made by Councilman Wunsch and seconded by Councilman Fisher to allocate $10,000.00 from Revenue Sharing Funds for drainage improvements at Johnson Street Park. The motion carried: 7 ayes, 0 nays. Mayor Brunette declared the public hearing open on the proposition of adding $251,000.00 for major.thoroughfare paving program development. Mrs. Billy Gaines appeared before the Council suggesting that 7th Street N. E., East Booth Alley, and Booth Place be included in the paving program. Mr. Leon Williams appeared as well as Mr. Billy Brown, suggesting that 1st Street N. E., 2nd Street N. E., and 3rd Street N. E. be included in the paving program. Councilman Williams suggested that Blake Road be set as a priority with assessment to curb and gutter and no assessment to the paving. There being no one else to appear for or against the project, Mayor Brunette declared the public hearing closed on the addition of $251,000.00 from Revenue Sharing funds. to the street program. After discussion; a motion was made by Councilman Wunsch and seconded by Councilman Philley to approve $250,000.00 from Revenue Sharing Fund in thoroughfare improvements: The motion carried: 6 ayes, 1 nay, Councilman Stone voting nay. Mayor Brunette declared the public hearing open on the inclusion in the General Fund of a Judicial Department with a budget in the amount- of-$14,825.00 for the 1977 -78 fiscal year. No one appeared for or against the proposition. Mayor Brunette declared the public hearing closed. A motion was made by Councilman Wunsch and seconded by Councilman Malone to approve the addition of $14,825.00 to the General Fund Judicial Department budget. The motion carried: 7_ayes, 0 nays. Mayor Brunette declared the public hearing open on the addition of $197,546.00 to the Revenue Sharing Fund budget for improvements in the Water System Account - 803 -Y -9. No one appeared for or against the proposition, and Mayor Brunette declared the public hearing closed. A motion was made by Councilman Philley and seconded by Councilman Stone to include $196,846.00 from the Revenue Sharing Fund for Water and Sewer Capital improvements.. Mayor Brunette called for the vote which showed 2 ayes, 5 nays, Councilman Philley and Councilman Stone voting aye, and the motion failed. A motion was made by Councilman Malone and seconded by Councilman Williams authorizing public notice moving $196,846.00 from 803 -Y -9 to 406 -Y -8 major thoroughfare improve- ments and designating Blake Road and 24th S. E. as priorities, with the balance to upgrade.dirt streets. After discussion, motion was withdrawn by Councilman Williams and Councilman Malone. A motion was made by Councilman Malone and seconded by Councilman Williams authorizing public notice to take $196,846.00, to place the funds with the $250,000.00 street im- provement, and redraft notices in a way to combine funds that Blake Road be given priority and 24th S. E. be designated as priority and any left over funds be desig- nated to improve thoroughfares. Councilman Williams withdrew his second. There being no second, the motion died. A motion was made by Councilman Williams and seconded by Councilman Fisher setting Blake Road as a priority in the thoroughfare improvement program. The motion car- ried: 7 ayes, 0 nays. A motion was made by Councilman Wunsch and seconded by Councilman Malone to reconsider the proposed paving and drainage improvements to 24th S. -E, from Revenue Sharing funds and Accounts 406 -Y -8, $95,000.00, 24th Street S. E. improvements and 406 -Y -6 - storm 1 o r. sewer improvements - 24th S. E., $86,000.00, making a total of $181,000.00, be re- placed in the budget of Revenue Sharing. The motion carried: 6 ayes, 1 nay, Councilman Phi i i ey voting n _,y. Mayor Brunette requested City Manager Sweatt to review recommendations made by the Council amending the city manager's budget concerning salaries for City employees.. City Manager Sweatt stated that the recommendation had been made to increase Firemen and Policemen beginning salary to $750.00 per month advancing to $800.00 per month after one year of service and that all other Civil Service employees in the Fire and Police Departments be advanced 15% from the 1976 -77 levels; that non -Civil Ser- vice employees now within the salary structure of $610.00 per month and below be ad- vanced 10% from the 1976 -77 level and that those employees from $611.00 and up be ad- vanced 5% over the 1976 -77 level. Mayor Brunette declared the public hearing open on the proposed increases in all salary accounts in the General Fund, the Water and Sewer Fund, and the Cox Field Airport Fund. Mrs. Linda Clark appeared before the Council in support of the increases proposed for Civil Service personnel. There being no one else appearing for or against the proposition, Mayor Brunette de- clared the public hearing closed. A motion was made by Councilman Wunsch and se- conded by Councilman Fisher to approve the salary structure as outlined. After dis- cussion, a motion was made by Councilman Malone and seconded by Councilman Stone to add 22% in all salary budgets for non -Civil Service employees for merit increase purposes. The motion carried: 7 ayes, 0 nays. Mayor Brunette called for a vote on the original motion to approve the salary structure, as presented. The motion carried: 6 ayes, 1 nay, Councilman Philley voting nay. City Manager Sweatt advised that public notice had been given for an increase of appropriation to the Paris -Lamar County Health Unit in the amount of $1,620.00 to provide nurses with a monthly automobile allowance. Mayor Brunette declared the public hearing open on the proposed increase. No one appeared for or against the proposition, and Mayor Brunette declared the pub- lic hearing closed. A motion was made by Councilman Philley and seconded by Coun- cilman Wunsch to deny the increase in the Health Unit budget. The motion carried: 7 ayes, 0 nays. Mayor Brunette announced that the City Council would go into executive session to discuss personnel matters, and the public meeting was declared closed. The City Council discussed personnel matters. Mayor Brunette. declared the executive session closed and the regular meeting open. A motion was made by Councilman Fisher and seconded by Councilman Wunsch, authorizing 22% merit increases for the city manager and the city attorney. The motion carried: 7 ayes, 0 nays. Mayor Brunette announced that a special Council meeting would-be called for June 27, 1977 at 5:15 P. M. for the introduction and passage of an appropriation ordinance and final adoption of the budget. 10 There being no further business, the meeting adjourned. MAYOR JAMES M. BRUNETTE ATTEST: N. C. Greene, City Clerk MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL June 27, 1977 A special meeting of the City Council was held on June 27, 1977 at 5:15 P. M. Mayor James M. Brunette called the meeting to order with the following Councilmen present: George Fisher, Jr., Michael Malone, David Philley, Walter F. Williams, and Raymond Wunsch. Also present were City Manager K. R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene. Mayor Brunette announced that the first order of business would be -the consideration of an ordinance establishing a Judicial Department for the City of Paris. Ordinance No. 2336: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY ADDING A CHAPTER TO BE NUMBERED 15 --1/2; PROVIDING FOR THE ESTABLISHMENT OF THE'JUDICIAL DEPARTMENT OF THE CITY OF PARIS; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1977° was presented. A motion was made by Councilman Malone and seconded by Councilman Fisher for the adoption of the ordinance. The motion carried: 6 ayes, 0 nays. Mayor Brunette announced that the next order of business would be consideration of the appropriation ordinance adopting the financial plan of the City of Paris for the fiscal year beginning July 1, 1977 and ending June 30, 1978. Ordinance No. 2337: "AN ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING JULY 1, 1977, AND ENDING JUNE 30, 1978, IN ACCOR- DANCE 14ITH THE CHARTER OF THE CITY OF PARIS, APPROPRIATING THE VARIOUS AMOUNTS THEREOF AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH." was presented. A motion was made by Councilman Wunsch and seconded by Councilman Williams for the adoption of the ordinance. The motion carried: 5 ayes, 1 nay, Councilman Philley voting nay. City Manager Sweatt presented a request from J. S. Maple for water and sewer service outside the city limits on U. S. 271 North, north of McCuistion Hospital property.. City Manager Sweatt explained that the policy of the City was such that sewer ser- vice was not normally granted without annexation and that Mr. Maple had requested annexation of his property and requested the water and sewer service during an in- terim period until annexation proceedings could be adopted. After discussion, a motion was made by Councilman Williams and seconded by- Councilman Wunsch authorizing interim water and sewer service . to the.property while annexation proceedings were taking place. The motion carried: 6 ayes, 0 nays. There being no further business, the meeting adjourned. MAYOR JAMES M. BRUNETTE ATTEST: H. C. Greene, City Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL July 11, 1977 The Regular Meeting of the City Council was held on July 11, 1977 at 7:00 P. M. Mayor James M. Brunette called the meeting to order with the following Councilmen present-: George Fisher, Jr., Michael Malone, David Philley, Jimmy Don Stone, Walter F. Wil- liams, and Raymond Wunsch. Also present were City Manager K. R. Sweatt, City Attor- ney T. K. Haynes, and City Clerk H. C. Greene. Prayer was offered by Reverend Ray Armstrong, First-Christian Church. Mayor Brunette asked if there were any additions or corrections to the minutes of previous meetings as furnished the members of the Council. There being none, the minutes were approved, Mayor Brunette announced that the first order of business would be continuation of the public hearing from the last regular Council meeting on the petition of H. L. Ervin for a change in zoning from a Two - Family Dwelling District to-a Commercial District on Lots 5 and 6, City Block 189, iocated'on the northwest corner of 13th N. W. and Bonham Street. Mayor Brunette called for proponents to appear, and Mr. Eric Clifford, Attorney, ap- peared in behalf of Mr. Ervin. Mr. Clifford stated that an agreement had been met with opponents to the zoning change. Mayor Brunette called for opponents to appear, and none appeared. Mayor Brunette declared the public hearing closed, and Ordinance No. 2338: "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 COMMERCIAL DISTRICT (C) ON LOTS 5 AND 6, CITY BLOCK 189, ON PROPERTY BELONGING TO H. L. ERVIN, SO AS TO INCLUDE THEREIN TERRITORY-FORMERLY DESIG- NATED AS A TWO - FAMILY DWELLING DISTRICT (2F); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED. was presented. A motion was made by Councilman Williams and seconded by Councilman Wunsch for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. Mayor Brunette announced that the next order of business would be consideration of recommendations made by the Planning and Zoning Commission at its regular meeting on July 5, 1977. Mayor Brunette called for a public hearing on the petition of Enlow and Justice for a change in zoning from General Retail to Commercial District on Lot 3, City Block 102A. Mayor Brunette called for proponents to appear, and Mr. Brad Hutchison, Attorney, appeared in behalf of the petitioners. Mr. Hutchison advised that a lessee was proposing a Continental Trailways Depot for the site; that no fuel would be dis- pensed on the site; no scheduled maintenance would be performed on the site; and no major changes would be made to the existing structure; that a sign would be placed on top of the building advising the nature of the business; that presently there are nine bus schedules daily; that one bus would remain at the depot overnight. Mayor Brunette called for opponents to appear, and none appeared. Mayor Brunette declared the public hearing closed, and Ordinance No. 2339: "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 COMMERCIAL DISTRICT (C) ON PART OF LOT 3, CITY BLOCK 102A, ON PROPERTY BELONGING TO H. E. ENLOW AND GLENN JUSTICE, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A GENERAL RETAIL DISTRICT (GR); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C)' SO ESTABLISHED." was presented. A motion was made by Councilman Ph'illey and seconded,by Councilman Stone for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. ,Mayor Brunette declared the public hearing open.on the petition of McClanahan & Holmes for a change in zoning from Multiple- Family Dwelling District to Office District on Lot 1, City Clock 182 -A and Lot 1, Finn Place Addition. Mayor Brunette called for proponents to appear, and Mr. Brad Hutchison appeared in behalf of the petitioners, stating that an accounting firm operation was proposed to be located in the existing house; that no changes were proposed for the existing structure; that only a small professional sign would be located in front-of the house; that the front porch would probably be glassed in. Mr. F. I. McClanahan was available for questioning. Mayor Brunette called for opponents to appear, and Mrs. Melvin Coker appeared, stating that she would like the neighborhood to remain residential. Ordinance No. 2340: "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 TWO (2) OFFICE DIS- TRICTS (0), DESCRIBED IN TWO TRACTS AS FOLLOWS: TRACT 1, ON LOT 1, CITY -BLOCK 182A, ON PROPERTY BELONGING TO McCLANAHAN AND HOLMES, AND TRACT 2, ON LOT 1, FINN PLACE ADDITION, UPON PRO- PERTY OF WHICH McCLANAHAN AND HOLMES OWN A CURRENT OPTION, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS MULTIPLE FAMILY DWELLING DISTRICTS NO. 1 (MF -1); AND DESIGNATING THE BOUNDARIES OF THE TWO (2) OFFICE DISTRICTS (0) SO ESTABLISHED." was presented. A petition, which was presented to the Planning and Zoning Commission, was presented to the Council which showed six owners of property within the 200 feet district, had signed the petition out of 31 =.property owners. City Attorney Haynes advised that a simple majority would be required for adoption of the ordinance. A motion was made by Councilman Fisher and seconded by Councilman Williams for adop- tion of the ordinance. The motion carried: 7 ayes, 0 nays. Mr. Robert Pierson, president of the Library Board of the City of Paris, Texas, ap- peared before the Council and recommended that operations of the Paris Public Li- brary should be placed with the City rather than with the board; that 95% of the library financing was funded by the City; that personnel_policy advantages would ac- crue to the employees of the library; that the present board would act as an advisory .board only. After discussion, a motion was made by Councilman Fisher and seconded by Councilman Wunsch authorizing the preparation of an. ordinance, placing responsibility of the - operation of the Paris Public Library with the City of Paris. The motion carried: 5 ayes, 2 nays, Councilman Williams and Councilman Philley voting nay. Mayor Brunette called for the tabulation-of bids received for a drainage structure, located at Mahaffey Lane and south of Clark Lane. City Manager Sweatt advised that one bid had been received, that being from Bill Haley in the- amount of $4,867.50 for the 101 linear feet of structure. .City Manager Sweatt advised that the City's portion of the bid would be $2,409.66 and that the adjoining property owners' por- tion would be $2,457.84. City Attorney Haynes advised thatxthe property owners were in agreement under the same terms as were included in previous bids and agreements. Resolution No. 1813, authorizing City Manager Sweatt to execute on behalf of the City of Paris a contract with Bill Haley for construction work on the drainage channel in the amount of $4,867.50, was presented. A motion -was made by Councilman Wunsch and seconded by Councilman Malone for the adoption of the resolution. The motion car- ried: 7 ayes, 0 nays. __ 1 010 RESOLUTION NO. 181 -3 WHEREAS, the City Council of the City of Paris, did at its regular meeting on the lath day of June, 1977, approve the adver- tisement for bids for furnishing all plant, labor, material and equipment, and performing all work required for the construction of drainage improvements consisting of approximately 101 linear feet of concrete drainage channel, with appurtenances, in accordance with detailed plans and specifications, dated June 1977, which bids were received until 10:00 o'clock A. M. , Wednesday, July 6, 1977; and, WHEREAS, the best bid for such construction work was made by Bill Haley, and he should be awarded the contract for such con- struction work; and, WHEREAS, the form of contract to furnish such construction work is attached hereto as Exhibit A; .NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the bid of Bill Haley, Paris, Texas, for construction work, consisting of approximately 101 linear feet of concrete drainage channel, with appurtenances, beginning 'itf the 3000 Block of Mahaffey Lane and extending Northerly 101 'feet, within 55 calendar days, in the amount of $4, 867. 50, is hereby accepted and let, con- ditioned upon said contractor meeting all of the terms and specifi- cations included in the bid documents; and, BE IT FURTHER RESOLVED, That the City Manager of the City of Paris, Kerry R: Sweatt, 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 Bill Haley. Passed and adtoped this 11th day of July, 1977. Ja /e M. r te, Mayor . V .ATTEST: H. C. Gre ne, City Clerk APPROVED.,ii TO FORM: T. K. Haynes, City Attorney City Attorney Haynes presented an ordinance authorized previously concerning meetings of the Civil Service Commission. Ordinance No. 2341: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY - REVISING SECTION 10 -7 OF SAID CODE; PROVIDING FOR THE DELE- TION OF THE REQUIREMENT FOR THE FIREMEN'S AND POLICEMEN'S CIVIL SERVICE COMMISSION TO HOLD A REGULAR MONTHLY MEETING; AND PROVIDING FOR AN EFFECTIVE DATE.OF JULY.11, 1977." was presented. A motion was made by Councilman Fisher and seconded by Councilman . Williams for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. City Manager Sweatt requested authorization to advertise forbids for street improve- ment work on Kaufman Street from a point 10 feet east of the southeast corner of Lot 1C, Block 9, Sperry's 1st Addition. r A motion was made by Councilman Wunsch and seconded by Councilman Malone to approve the request. The motion carried: 7 ayes, 0 nays. Resolution No. 1814, appointing Walter F. Williams to the Board of Directors of the Ark --Tex Council of Governments to serve through May 31, 1978, was presented. 'A motion was made by Councilman Wunsch and seconded by Councilman Malone for the adoption of the resolution. The motion carried: 7 ayes, 0 nays.' L RESOLUTION NO. 1314 WHEREAS, the City of Paris, Paris, Texas, is a member of the Ark -Tex Council of Governments; and, WHEREAS, in accordance with the Bylaws of the Ark -Tex Council of Governments the Board of Directors of same shall be r-- composed of members elected or appointed by the membership; and, WHEREAS, the City of Paris is entitled to appoint three mem- bers of the Board of Directors of Ark -Tex Council of Governments as provided in the Bylaws of the same; and, WHEREAS, James M. Brunette, Mayor of the City of Paris, recommends the appointment by the City Council of the City of Paris of Walter F. Williams, to serve through May 31, 1975, or until his successor is appointed, or until he becomes disqualified to so serve; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Walter F. Williams, be, and he is hereby appointed as a member of the Board of Directors of Ark -Tex Council of Governments, to serve through May 31, 1973,; or until his successor is appointed, or until he becomes disqualified to so serve. Passed and adopted this 11th day of July, 1977. I rues M. Brunet e, Mayor ATTEST: H. C. r ere, City Clerk APP OVE TO FORM: T. K. Haynes, City Attorney Resolution No. 1815, re- appointing Edmond Castleberry, Mrs. Frank Fuller, and Mrs. Herbert Turner as members of the Band Commission for a term of one year, was presented. A motion was made by Councilman Williams and seconded by Councilman Wunsch for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. ' r) RESOLUTION NO. 1815 WHEREAS, Ordinance the City of Paris, on October of a Band Commission by the firmed by the City Council of to be composed of three (3) r No. 873, passed by the City Council of 29, 1929, provided for the appointment Mayor of the City of Paris, to be com - the City of Paris; said Band Commission members; and, WHEREAS, the terms of office of Edmond Castleberry, Mrs. Frank Fuller and Mrs. Herbert Turner, 'as members of said Band Commission have expired; and, WHEREAS, the Mayor of the City of Paris, James M. Brunette, 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, 1977 and ending June 30, 1978; 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 I by the Mayor of the City of Paris, James M. Brunette, 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 July, 1977. JC ' es M. r Aette, Mayor — ATTEST: H. r ne, City Clerk APP OVED _ TO FORM: T. K. Haynes, City Attorney Resolution Flo. 1816, appointing F. D. Mallory, III,. Herschel McKinney; C. L. Walker, and James R. Moore as regular members of the Board of Adjustment to serve for a term of two years ending December 31, 1978, was presented. A motion was made by Councilman .Fisher and seconded by Councilman Wunsch for the adoption of the resolution. The mo- tion carried: 6 ayes, 1 nay, Councilman Philley voting nay. 1. 014 RESOLUTION NO. 1816 . WHEREAS, the terms of members of the Board of Adjustment to construe and administer Ordinance No. 1710, expired December 31, 1976; and, WHEREAS, it is necessary to re- appoint certain members of said Board of Adjustment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That F. D. Mallory, III, Herschel McKinney, Charlie Walker and James R. Moore, be, and they are hereby appointed as regular members of the Board of Adjustment, to serve for a term of two years ending December 31, 1978. Passed and adopted this 11th day of July, 1977. Q1hm2eMMW.Br n te, Mayor ATTEST: H. C. Gr ene, City Clerk APP OVED TO FORM: T. K. -Jaynes , City Attorney Resolution No. 1817, re- appointing Jim A. Miles to serve as a member of the Planning and Zoning Commission for a period of three years beginning July 1, 1977, was pre- sented. A motion was made by Councilman Wunsch and seconded by Councilman Williams 10 J RESOLUTION NO. 1817 . WHEREAS, the term of office of Jim A. Miles, as a member of the Planning and Zoning Commission of the City of Paris, has expired, and it is necessary to appoint his successor, and the Mayor of the City of Paris, James M. Brunette, having re- appointed Jim A. Miles, to serve on the Planning and Zoning Commission of the City of Paris for a term of three (3) years, beginning July 1, 1.977 and ending June 30, 1980, and has submitted the name of such person 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 Jim A. Miles, to serve as a member of the Planning and Zoning Commission I of the City of Paris, for a term of three (3) years, beginning July 1, 1977 and ending June 30, 1980, is by the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this 11th day of July, 1977. ames M, ru ette, Mayor ATTEST: 1 H. c —Cvde-66, City Clerk APPROVEDS TO FORM: Haynes,' City Attorney for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. Resolution No. 1818, appointing James Deatherage and Mrs. Robert Norment as members of the Advisory Board of Health and Wallace E. Kraft as an ex- officio member for a term ending December 31, 1978, was presented. 'A motion was made by Councilman Wil- liams and seconded by Councilman Wunsch for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. 1076 RESOLUTION NO. 1818 . WHEREAS, Article 4436a -1. of Vernon's Annotated 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 preced- ing the time of their appointment; and, WHEREAS, the City Council did heretofore in Resolution No. 1.705 provide that a doctor of veterinary medicine be appointed an ex- officio member of the Advisory Board of Health of the City of Paris and County of Lamar; and, WHEREAS, the Mayor of the City of Paris, James M: Brunette, has recommended the appointments of James Deatherage and Mrs. Robert Norment as members and Wallace E. Kraft as ex- officio member; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That appointments to the Advisory Board of Health of the City of Paris and County of Lamar of James Deatherage and Mrs. Robert Norment as members, and Wallace E. Kraft as ex- officio member, for a term ending December 31, 1978, 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 July, 1977. James M. ru te, Mayor ATTEST: H. C. Gre ne, City Clerk APPROVED AS TO FORM: T. K. aynes, City Attorney Approved by the Commissioners Court by adoption of the above resolution on the zA day of ', 1977, as reflected in Book -, Page ate, of the Minu s of said Commissioners Court. Lester Crutchfield, County Judge, Lamar County, Texas City Manager Sweatt requested the Council to consider the resolution following, authorizing cooperative purchasing of high speed teletype equipment with the Texas Criminal Justice Division through the North Central Texas Council .of Governments Communication Network. Resolution No. 1819, authorizing the City to enter into a purchase agreement with the Texas Criminal Justice Division for a high speed terminal and adjunct equipment, with 85% funding from the Texas.Criminal Justice Division with the City providing $1,546.00 as its matching share, was presented. A motion was made by :Councilman Wunsch and seconded by Councilman Williams for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. F__. RESOLUTION NO. 1819 . WHEREAS, highspeed telecommunications equipment in the City of Paris is presently nonexistant or inadequate; and,- WHEREAS, the structure of the statewide highspeed teletype system has been determined and development of regional systems will continue on the basis of the statewide concept established by the Texas Criminal Justice Division, Office of the Governor, State of Texas; and, WHEREAS, the Texas Criminal ,justice Information Users Group in conjunction with the Texas Criminal Justice Division has submitted bidding specifications to prospective vendors, and after considering the bids, has determined the low compliant bidder; and, WHEREAS, it is the opinion of this City Council that the best interest of the citizens of the City of Paris will be served by parti- cipating in this cooperative program; NOW; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, AS FOLLOWS: 1. The City of Paris desires to participate in the highspeed teletype network expansion by acquiring a highspeed terminal and adjunct equipment. 2. The City of Paris is eligible to participate in the 'L Highspeed Teletype Network' Expansion by virtue of compliance with the Criminal Justice Division's established funding criteria, namely, that this agency is replacing an existing slowspeed terminal. or teletype presently operating on the Texas` Law Enforcement Telecommunications Network. 3. The North Central Texas Council of Governments is authorized to enter into binding contract with the low compliant vendor and to purchase tele- communications equipment in behalf of the City of Paris. 4. The City understands that the Texas Criminal justice Division is providing 8570 funding and that the amount of $1, 546. 00 is our matching share for the purchase of the equipment and the ad- ministrative cost of the project. 5. This City understands and accepts the special conditions placed by the Texas Criminal Justice Division and the Law Enforcement Assitanee Administration on the receipt of government funds for telecommunications equipment.. 6. To indicate the City's desire to participate in this program, a copy of this resolution will be for- warded to the North Central Texas Council of Governments. 7. This City's matching share will be forwarded to the North Central Texas Council of Governments upon notice of grant award. Passed and adopted this 11th day of July, 1977. tel, Mayor es M. Brun te ATTEST: G eene, C�ityC er AP ROVED -A TO FORM: T;, K. Haynes City Attorney 1..0 A Tax Rate Ordinance No. 2342: "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 1977, 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 ORDI- NANCES IN CONFLICT HEREWITH." was presented. A motion was made by Councilman Wunsch and seconded by Councilman Williams for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. City Manager Sweatt requested authorization to advertise for bids for an Emergency Rescue deck boat, motor and trailer. A motion was made by Councilman Malone and seconded by Councilman Stone approving the request. The motion carried: 7 ayes, 0 nays. City Manager Sweatt requested authorization to advertise for bids for a motor scooter for the Police Department, such bids to be received August 3, 1977. A motion was made by Councilman Williams and seconded by Councilman Fisher approving the request. The motion carried: 7 ayes, 0 nays. City Manager Sweatt advised the Council that the Traffic and Planning Departments, working with the City Attorney's office, had developed an overall map for timed parking zones within the downtown area and recommended that the map, with the sup- porting ordinance be adopted. Ordinance No. 2343: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY ADDING A SUB - SECTION TO BE NUMBERED 29- 112(b), PROVIDING FOR THE ADOPTION OF A TRAFFIC PARKING MAP, AND BY REVISING SECTION 29 -114, PRO - HIBITING PARKING BEYOND THE TIME LIMIT PERMITTED AND PROVIDING FOR APPROPRIATE SIGNING OF THE SAME; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 25, 1977." t was presented. A motion was made by Councilman Wunsch and seconded by Councilman Wil- lianis for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. City Manager Sweatt requested authorization to advertise for bids for a 150 gallon per minute pumper for the Fire Department, such bids to be received September 7, 1977, tabulated and presented to the City Council at its regular September meeting. A motion was made by Councilman Fisher and seconded by Councilman Malone approving the request. The motion carried: 7 ayes, 0 nays. City Manager Sweatt requested authorization to advertise for bids for duplicating equipment, such bids to be received August 3,.1977, tabulated and presented to the City Council at its regular August meeting. A motion was made by Councilman Wunsch and seconded by Councilman Williams approving the request. The motion carried: 7 ayes, 0 nays. City Manager Sweatt presented a request by citizens to purchase property owned by the City of Paris on Clement Road. Mr. Red Woodard appeared, stating that he was interested in land adjacent to the Cattlemen's Livestock Commission. City Manager Sweatt recom- mended to the Council that the City not advertise the property. for sale.at this time. A motion was made by Councilman Wunsch and seconded by Councilman Fisher denying the request to advertise for bids for the sale of the City property. The motion car- ried: 7 ayes, 0 nays. City Manager Sweatt requested the Council to authorize the preparation of an ordinance to revise billing dates in the Water and Sewer Department for water and sewer charges. After discussion, a motion was made by Councilman Fisher and seconded by Councilman . ___._......_ -ftl -one, authui- Iz4ng--the- preparatIw -of the- -ordi--nance -to be- . esen-ted- -air. -a future - - - -. -- Council meeting. The motion carried: 7 ayes, 0 nays. Mr. Robert Hayter, Hayter Engineering Company, appeared before the Council in behalf of the City of Reno, Texas requesting the City to study the feasibility of the City of Paris to handle the sewer treatment for the City of Reno. Appearing with Mr. Hayter were the mayor and three Councilmen from the City of Reno. Mayor Brunette appointed a committee composed of Councilman Stone, Councilman Wunsch and Councilman Philley to study the request and make recommendations to the Council at a future Council meeting. Mayor Brunette announced that the City Council would go into executive session and. the executive session was declared open.. City Attorney Haynes discussed with the Council the claim pending on the ditch situa- tion at Mahaffey Lane and advised the Council of the Lone Star Gas Company filing with the Railroad Commission for rate adjustments. City Manager Sweatt advised the Council that the National League of Cities was en- tering suit concerning the federal government's requirements for municipalities to be covered by unemployment compensation insurance and advised that the organization of Nimlo had agreed to enter the suit at an approximate cost of 5� per capita. Mayor Brunette declared the executive session closed and the regular session open. A motion was made by Councilman Fisher and seconded by Councilman Wunsch for the City of Paris to reserve the right to appear before the Railroad Commission on matters pertaining to Lone Star Gas Company hearing on gas utility docket GUD No. 500. The motion carried: 7 ayes, 0 nays. A motion was made by Councilman Stone and seconded by Councilman Philley to support Nimlo and to provide the City's pro rata share of expenses for Nimlo to file suit pursue in Federal Court to prevent cities from paying unemployment compensation ,,—,and to employees. The motion carried: 7 ayes, 0 nayse Mr. and Mrs. Norman Sharber, 890 SE 33rd, appeared before the Council to discuss a drainage problem across their property, which they claimed; resulted from the paving of 33rd S. E. Mayor Brunette appointed a committee composed of Councilman Philley, Councilman Fisher, and Councilman Malone to survey with the staff and engineering department and make recommendations to the City Council, Mr. Robert Hayter appeared before the Council and discussed the Infiltration--Inflow Study and Project now in progress. There being no further business, the meeting adjOUrneda MAYOR JAMES M. BRUnErFE ATTEST: H. C. Greene, City Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL August 8, 1977 The regular meeting of the City Council was held on August 8, 1977 at 7:00 P. M. Mayor James M. Brunette called the meeting to order with the following Councilmen present. George Fisher, Jr., Michael Malone, David Philley, Jimmy Don Stone, Walter F. Williams, and Raymond Wunsch. Also present were City Manager K. R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene. Prayer was offered by Reverend H. G. Ray. Mayor Brunette asked if there were any additions or corrections to minutes of previous meetings as furnished Council members. There being none, the minutes were approved. Mayor Brunette announced that the first order of business would be consideration of recommendations made by the Planning and Zoning Commission at its meeting held on August 1, 1977. City Manager Sweatt presented a re -plat of Lot 10, City Block 266, which had been recommended for approval by the Planning and Zoning Commission. A motion was made by Councilman V,Junsch and seconded by Councilman Williams for approval of the re -plat. The motion carried: 7 ayes,,O nays. The final plat of Pine Mill Village No. 5 was presented by the city manager to the - Council and he advised that the Planning and Zoning Commission had voted to recommend approval of the final plat subject to the notation of the Director of Public Works. 1 The manager advised that the Director of Public Works had recommended that curb and gutter not be installed on the south side of Pine Mill Road as construction at this time is not feasible due to the elevation of this section of Pine dill Road. The city manager recommended that a cash bond in the amount of $1,120.00 be posted for the construction of curb and gutter on the south side of Pine Mill Road as an excep- tion in approving the final plat. After discussion, a motion was made by Councilman Wunsch and seconded by Councilman Williams approving the final plat of Pine Mill Village No. 5 subject to the requirements of the Director of Public Works and subject to the posting of $1,120.00 cash bond to assure construction of curb and gutter on the south side of Pine Mill Road. The motion carried: 7 ayes, 0 nays. City Attorney Haynes presented the following petitions for re- zoning:, C. L. Talley, Lot 2, City Block 207, from Single Family Edo. 2 District to Multiple Family No. 1 Dis- trict; Alene Skidmore, Lot 8, City Block 112A, from General Retail District to General Retail- Specific Use -Day Nursery; C. E. Brownlee, Lot 11, Block 11, Broikside'Addition from General Retail to General Retail and Specific Use permit - Commercial Amusements indoors; Cecil Anderson, Lots 8 and 9, City Block 224A, from Single Family Residential No. 2 to General Retail District; and Randy Brown, Lot 1, City Block 347, from Agri- cultural District to General Retail District. Mayor Brunette referred the petitions to the Planning and Zoning Commission for their study and recommendation and called for a public hearing at the next regular Council meeting. City Manager Sweatt advised the Council that in view of Blake Road being included on a priority basis in the 1977 -78 Budget, that consideration be given to revising the Master Plan designation of Blake Road from two 24 -foot lanes and a 14 -foot median to a lessor designation and requested that the matter be referred to the Planning and Zoning Commission and a public hearing be called for the September Council meeting. A motion was made by Councilman Fisher and seconded by Councilman Williams approving the recommr- dation of the city manager. The motion carried: 7 ayes, 0 nays. City Manager Sweatt advised the Council that the Federal Aviation Administration had proposed to install a flight and weather service facility at Cox Field and stated the FAA desire to secure rental space in the hangar which would require approximately $2,000 capital outlay and that the FAA had offered $44.00 per month for the space. Af- ter discussion, a motion was made by Councilman Stone and seconded by Councilman 1Afunsch authorizing the expenditure of up to $2,000 to renovate Cox Field hangar for office space for the FAA. The motion carried: 7 ayes, 0 nays. A motion was made by Councilman Fisher and seconded by Councilman Philley authorizing the preparation of a lease agreement between the City of Paris and the FAA. The motion carried: 7 ayes, 0 nays. Mayor Brunette called for a report from the Paris -Reno Sewer Study Committee, and Councilman Stone advised that the committee was continuing the study and was continuing to gather information. Mayor Brunette called for a report from the committee to study the drainage improvement request from Mr. and Mrs. Norman Sharber, 890 SE 33rd. Councilman Philley, Chairman, advised that the drainage ditch running east and west was approximately 135 feet long emptying into an alley and that the ditch was 3 feet at the bottom and approximately 4 feet at the top and that the ditch carried a natural flow of water; that water from housing projects was a possible factor in increasing the flow. Councilman Fisher, a member of the committee, stated he felt it was the fault of the City because of con- struction of SE 33rd. Councilman Malone, the third member of the committee, stated tho he felt that the flow of the water had been altered from the natural flow. — Mayor Brunette requested that the committee continue to meet and make recommendations to the Council. An ordinance previously authorized for preparation relating to the establishment of a Library Department of the City of Paris was the next item on the agenda. Ordinance No. 2344: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING CHAPTER 17 OF SAID CODE; PROVIDING FOR THE ESTABLISHMENT OF A LIBRARY DEPARTMENT OF THE CITY OF PARIS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF AUGUST 8, 1977." was presented. A motion was made by Councilman Williams and seconded by Councilman Wunsch for the adoption of the ordinance. The motion carried: 6 ayes, 1 nay, Council- man Philley voting nay. Resolution No. 1820, establishing a Library Advisory Board, consisting of seven resi- dents of the City of Paris, was presented. A motion was made by Councilman Wunsch and seconded by Councilman Williams for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. RESOLUTION NO. 1820 WHEREAS, the City Council of the City of Paris; Paris, Texas, deemed it advisable to establish a Library Advisory Board to act in an advisory capacity to the City Council; and, WHEREAS, such Board shall study and make recommendations r- concerning library services, maintenance and improvement of faci- lities and capital improvement projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Library Advisory Board is hereby created to consist of seven (7) resident citizens of the City of Paris, Lamar County, Texas, who have knowledge of library affairs, a strong interest in library operations and a genuine appreciation of books; and, . BE IT FURTHER RESOLVED, That such board members shall be appointed by the City Council; the initial board shall consist of two (2) members appointed for one year terms, three (3) members for two year terms and two (2) members for three year terms, and thereafter all appointments shall be for three year terms; and, BE IT FURTHER RESOLVED, That said Board shall exercise all dominion and control over all memorial funds, memorials, and gifts received by the Paris Public Library, in accordance with the directions and instructions attached to each. Passed and adopted this . 8th day of August,. 1977. Greene, City Clerk* APPROVED AS TO FORM: T. K. Hay es, City Attorney City.14anager Sweatt requested authorization for preparation of an ordinance allowing library employees to participate in the Texas flunicipal Retirement System. A motion was made by Councilman Wunsch and seconded by Councilman 14illiams approving the request. 4 The motion carried: 7 ayes, 0 nays. Mayor Brunette called for the tabulation of bids received for street improvements on West Kaufman Street between 28th S. W. and 29th S. W. City Manager Sweatt advised that one bid had been received from Roy Williamson Construction Company in the amount of $7,637.22. City Manager Sweatt advised the Council of the wit drawal of signature on the assessment request from one property owner who was included in the original requo-st which made a total of 67% of the property owners and 69% of the frontage in favor of the assessment. Resolution Flo, 1821, authorizing City Manager Sweatt to execute on behalf of the City of Paris a contract with the Roy Williamson Construction Company for curb and gutter and street improvements on West Kaufman Street, was presented. Prior to the vote, Mr. A. T. Dicken appeared before the Council in behalf of the improvements. RESOLUTION NO. 1821 . WHEREAS, the City Council of the City of Paris, did at its regular meeting on the 11th day of July, 1977, approve the adver- tisement for bids for furnishing all plant, labor, materials and equipment, and performing all work required for the construction of street improvements, consisting of curb and gutter, street intersection, flexible base, and hot mix wearing surface, complete _ with appurtenances, located on West Kaufman Street, between 28th S. W. and .29th S. W. , within the City of Paris, Texas, in accordance with detailed plans and specifications, dated June 1977, which bids were received until 10:00 o'clock A. M. Wednesday, August 3, 1977; and, WHEREAS, the best bid for such construction work was made by Roy Williamson Construction Company, and it should be awarded the contract for such construction work; and, WHEREAS, the form of contract to furnish such construction work is attached hereto as Exhibit A; NOW, THEREFORE, . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the bid of- Roy Williamson Construction Company, Paris, Texas, for furnishing all plant, labor, materials and equip- ment, and performing all work required for the construction of street improvements, consisting of curb and gutter, street inter- section, flexible base, and hot mix wearing surface, complete with appurtenances, located on West Kaufman Street, between 28th S. W. and 29th S: W. , within the City of Paris, Texas, within 70 calendar days, in the amount of $7, 637. 22, is hereby accepted and let, con - ditioned upon said contractor meeting all of the terms and. specifi- cations included in the bid documents; and, BE IT FURTHER RESOLVED, That the City Manager of the City of Paris, Kerry R. Sweatt, 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 Roy Williamson Construction Company. Passed and adopted this 8th day of August, 1977. a es M. ru e, Mayor ATTEST: H. C. Greene, City Clerk APPROVED AS' 1'O FORM: We T. K. 1 aynes, City Attorney A motion was made by Councilman Malone and seconded by Councilman !4illiams for approval of the resolution. The motion carried: 7 ayes, 0 nays. Mayor Brunette called for a tabulation of the bids for a motor scooter for the Police Department that had been received. City Manager Sweatt advised that only one bid had been received from the Watson Distributing Company, Dallas, Texas, in the amount or $4,161,00 less trade -in of $650.00 - net $3,511.00. A motion was made by Councilman Malone and seconded by Councilman Wunsch to approve the bid of the Watson Distributing Company, lie motion carried: 7 ayes, 0 nays. Mayor Brunette called for tabulation of bids on duplicating equipment for the Adminis- trative Department, and the following bids were received: Gestetner Corp. DUPLICATOR STENCIL MAKING MACHINE, M 460 1,462.50 M 420 1,102.50 M 473 2,517.50 M1100 1,828.75 Office Equipment Center Bohn Rotary RR 750 W 929.00 RR 22025 1,479.00 City Manager Sweatt recommended that the bid of the Office Equipment Center be ap- proved, conditioned on the'equipment meeting specifications and a satisfactory de- monstration. A motion was made by Councilman Wunsch and seconded by Councilman Wil- liams approving the recommendation of the city manager. The motion carried: 7 ayes, 0 nays. Mayor Brunette advised that the next order of business would be consideration of an ordinance previously authorized relating to the revised billing dates of Water and Sewer service charges. Ordinance No. 2345: "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 SUBPARAGRAPHS (a) AND (b) OF SECTION 31 -25 OF SAID CODE; PROVIDING FOR THE METHOD OF WATER AND SEWER SER- VICE BILLING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 1977." was presented, A motion was made by Councilman Wunsch and seconded by Councilman Williams for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. Mayor Brunette called for tabulation of bids received for an emergency rescue deck boat, motor and trailer, and the following bids were received: Bob's !Marine $4,648.50 Pick's Marine $4,155.00 The city manager recommended that the low bid of Pick's Marine in the amount of $4,155.00 be approved. A motion was made by Councilman Malone and seconded by Councilman Fisher to approve the -bid of Pick's Marine. The motion carried: 7 ayes, 0 nays. 4 City Manager Sweatt presented the amended rules and regulations of the Civil Service Commission to the Council and recommended their approval, such changes to'be identifieA on sheets in the regulation as 7- 19 -77. A motion was made by Councilman Williams and seconded by Councilman Wunsch to approve the amended rules and regulations of the Civi Service Commission. The motion carried: 7 ayes, 0 nays. City Manager Sweatt presented a request from Mr. J. V. Hamilton for water service out- side the City limits from an existing City owned line on FM 79 and recommended its ap- proval with conformance to City policy and regulations. A motion was made by Council- man Williams and seconded by Councilman Fisher approving the request of Mr. Hamilton. The motion carried.- 7 ayes, 0 nays. City Manager Sweatt requested authorization to advertise for bids for approximately 500 linear feet of fencing at the fire training field. A motion was made by Councilman Wunsch and seconded by Councilman Williams approving the request. The motion carried: 7 ayes, 0 nays. City Manager Sweatt requested authorization for preparation of an ordinance changing fines on parking violations. A motion was made by Councilman Fisher and seconded by Councilman Wunsch authorizing the preparation of the ordinance for presentation at a future Council meeting. The motion carried: 7 ayes, 0 nays. Mr. A. W. Clem, Attorney, appeared before the Council in behalf of developers of a proposed Twin Oaks Estates., a proposed sub - division located on the north side of East Cherry Street adjacent to the old Springlake Golf Course. City Manager Sweatt advised that Mr. Mike Julian, the developer, agreed to construct a new storm sewer inlet on the north side of Cherry Street and will pay the cost of a new 36 -inch pipe from the inlet to the south side of Cherry Street. The manager advised that approximately 242 linear feet composed of a new 36 -inch storm sewer would be necessary from Cherry Street south at approximate cost of $8,965.00 and advised that the developer has asked the City to assume cost for the new pipe south of the crossing. After discussion, Mayor Brunette appointed a committee composed of Councilman Williams, Councilman Wunsch,.and Councilman Malone to study the problem and consider making re- commendations as to the drainage. City Manager Sweatt recommended that a consulting firm be employed for the professional services required for the major drainage outfall projects approved in the 1977 -78 Bud- get. After discussion, a motion was made by Councilman Malone and seconded by Council- man Philley to use the Engineering Department for in -house services for major drainage projects. Mayor Brunette called for a poll of the Council which showed 2 ayes, 5 nays, Councilman Philley and Councilman Malone voting aye. After further discussion; a mo+4 -n was made by Councilman Williams and seconded by Councilman Wunsch for the City staff to interview at least 3 engineering firms and make recommendations to the City Council. The motion carried: 6 ayes, 1 nay, Councilman Philley voting nay. City Manager Sweatt requested authorization to advertise for bids for play court and tennis court improvements at Record Park and at Culbertson Park, such bids to be re- ceived September 7, 1977 at 10:00 A. M., tabulated and presented to the City Caunci at its regular meeting in September. "; motion was made by Councilman !unsch and se- conded by Councilman Williams to approve the request. The motion carried: 7 ayes,0 nays, City Manager Sweatt requested authorization to employ the fire of Shiriek.. Jacobs, and Finklea to assist in plotting, drafting, and quantity calculation ' -for they Cox Field overlay project at a cost of $995.00. City Manager Sweatt advise than 93,E ol" the oro4 ject would be funded in the form of a grant from FAA and Texas Aeronautics Co, mission. A motion was made by Councilman Wunsch and seconded by Councilman 1illiams approving the request. The motion carried: 7 ayes, 0 nays. City Manager Sweatt requested authorization to advertise for bids for the construction of the firing range and storage building located at the Police training field in the Cox Field area, such bids to be received September 7, 1977 at 10:00 A, M,, tabulated . and presented to the City Council at its regular September meeting. A motion was made by Councilman Malone and seconded by Councilman Wunsch approving the request. The motion carried: 7 ayes, 0 nays. City Manager Sweatt requested authorization for the preparation of an ordinance to be presented to the City Council at a future meeting amending the City Code to include probation of consumption of alcoholic beverages in quasi - public places. A motion was made by Councilman Philley and seconded by Councilman Fisher approving the request. The motion carried: 7 ayes, 0 nays. City Manager Sweatt requested authorization to advertise for bids for the _ale of a barge, presently used by the Fire Department for rescue service. n motion was made by Councilman Wunsch and seconded by Councilman Williams authorizing the receipt of bids. The motion carried: 7 ayes, 0 nays. In discussion, Mr. Robert and Mr. Reeves Hayter appeared before the Council discussing the infiltration inflow work in progress by the Hayter Engineering firm. There being no further business, the meeting adjourned. MAYOR JAMES M. BRUNETTE ATTEST: H. C. Greene, City Clerk CV MINUTES GF THE SPECIAL MEETING OF THE CITY COUNCIL September 21, 1977 A special meeting of the'City Council was held on September 21, 1977 at 5:15 P. M. Mayor.James f4. Brunette called the meeting to order with the following Councilmen pre- sent: George Fisher, Jr., Michael Maldne, Oalter F. tilliams and.ga pond Wunsch. Also present were City Manager K. R, Sweatt City Attorney Ti K: Haynes, and City Clerk H. C. Greene. Mayor - Brunette announced that the purpose of the called Meeting was to discuss claims against the City of Paris'. City Attorney Haynes stated that two claims had been received, one from George Robbins and the 'second from Stan Jenkins. Mayor Brunette declared the Council in executive session. City Attorney_Haynes advised that fir.. George Robbins had made a claim against the City for damages within and near an easement on Mr.. Robbins' property of-a sewer line just south of the Sewer Treatment Plant.. Mr. Haynes stated that Mr. Robbins was claiming for loss of time and for use of approximately 2 acres of land for approximately 6 months. Councilman Stone entered the Council chambers and assumed his chair at the Council tabs- City Attorney Haynes informed the Council of a claim from Mr-. Stan Jenkins and stated that Mr. Jenkins was issued a building permit for the erection of a roller rink.in the- -- 1600 block of Bonham Street and was later informed that the property was not suitably zoned for operation of the roller rink. The city attorney advised that the claim was for $600..00 moving expense and $500.00 was business loss. Mayor Brunette declared the executive session closed and the regular session open. City Attorney Haynes advised in open session that Per. George Robbins had made claim against the City for damage to an easement. A motion was made by Councilman Malone and seconded by Councilman Wunsch authorizing the city attorney to negotiate a settlement with Mr. Robbins. The motion carried: 6 ayes, 0 nays. City Attorney Haynes advised in open session that Mr. Stan Jenkins had made claim against the City because of an error in the issuance of a building permit. A motion was made by Councilman Williams and seconded by Councilman Fisher authorizing the city attorney to negotiate settlement with 11r. Jenkins.. The motion carried: 6 ayes, 0 nays. There beipn no further business, the meeting adjourned. MAYOR JADES M. BRUNETTE ATTEST: H. C. Greene, City Clerk 9 iiINUTES OF THE REGULAR MEETING OF THE CITY COUMCIL September 12, 1977 The regular meeting of the City Council was held on September 12, 1977 at 7:00 P. M. Mayor James M. Brunette called the meeting to order with the following Councilmen pre- sent: George Fisher, Jr., Michael Malone, David Philley, Jimmy Don Stone, Walter F. Williams and Raynond Wunsch. Also present were City Manager K. R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene. Prayer was offered by Reverend Julian Hendren, Central Presbyterian Church, Mayor Brunette asked if there were any additions or corrections to the minutes of pre- vious meetins as furnished the Council members. There being none, the minutes were approved. Mayor Brunette announced that the first order of business would be consideration of recommendations made by the Planning and Zoning Commission at its meeting on Septem- ber 6, 1977. Mayor Brunette called a public hearing open on the petition of C. L. Talley for a change in zoning on Lot 2, City Block 207, from a One- Family Dwelling District #2 to a Multi - Family Dwelling District #1. Mayor Brunette called for proponents to appear, and none appeared. Mayor Brunette called for opponents to appear, and Leon Parson, representing his mother, Christy Jordan, 2045 West Kaufman Street and Bruce Parson, 222€1 West Kaufman Street, appeared in opposition to the petition for zoning. Mayor Brunette declared the public hearing closed, and an ordinance amending Zoning Ordinance Edo. 1710 and changing the property in question to Multi- Family, was presented. A motion was made by Councilman 14unsch and seconded by Councilman Malone to disapprove the ordinance and deny the zoning change. The motion carried: 7 ayes, 0 nays. Mayor Brunette declared the public hearing open on the petition of Alene Skidmore for a change in zoning from a General Retail District to a General Retail District and Spe- cific Use Permit - Jay Nursery on Lot 8, City Block 112A, located at 1428 Clarksville Street. Mayor Brunette called for proponents to appear, and tars. Skidmore appeared in her behalf, stating that a Day Care Center was proposed for the property. Mayor Brunette called for opponents to appear, and none appeared. The public hearing was declared closed, and Ordinance No. 2346: "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) AND A SPECIFIC USE PERMIT, DAY MUPSERY (25), LIMITED TO THE USE OF ALENE SKIDMORE, ONLY, ON LOT 8, CITY BLOCK 112A. ON PRO- PERTY BELONGING TO DARIO DOMIMGUEZ, SO AS TO INCLUDE THEREItd TERRITORY FORMERLY DESIGNATED AS " GEMERAL RETAIL DISTRICT (GR); AND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) AND SPECIFIC USE PERMIT, DAY NURSERY (25), LIMITED TO THE USE OF ALENE SKIDMORE ONLY, SO ESTABLISHED." �1 was presented. A motion was made by Councilman Fisher and seconded by Councilman ?Malone for the adoption of the ordinance,, The notion carried: 7 ayes, 0 nays. Mayor Brunette declared the public hearing open on the petition of C. E. Brownlee for a change in zoning from a General Retail District to a General Retail District and Spe- cific Use Permit - Commercial Amusements Indoors on Lot 11, Block 11, Brookside Addition, located on the north side of Clarksville Street 150 feet east of 24th S. E. Mayor Brunette called for proponents to appear, and 14r. Brownlee appeared in his own behalf, stating that young people need a recreation area and that pin ball machines and pool tables would be provided for recreation. Mr. Vernon Sims and Mr. James Moseley appeared, speaking in behalf of Mr. Brownlee's character. Mayor Brunette xalled for opponents to appear. done appeared and the public hearing was declared Closed. Ordinance No. 2347: "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS! PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED 113Y THE ZONING MAP OF SAID CITY; ESTABLISHING A GENERAL RETAIL DIS- TRICT (GR) AND A SPECIFIC USE PERMIT, COMMERCIAL AMUSEMENT, IN- DOORS (10), LIMITED TO THE USE OF C. E. BROHNLEE ONLY, ON LOT 119, BLOCK 11, BROOkSIDE ADDITION, ON PROPERTY BELONGING TO CLYDE PARHAM, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DE- SIGNATED AS A GENERAL RETAIL DISTRICT (GR); ';ND DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) AND SPECIFIC USE PERMIT, COtfIERCIAL AMUSEMENT, INDOORS (10), LIMITED TO THE USE OF C. E. BROWNLEE ONLY, SO ESTABLISHED." was presented. A motion was made by Councilman Williams and seconded by Councilman Malone for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. Mayor Brunette declared the public hearing open on the petition of Cecil Anderson for a change in zoning from a One- Family Dwelling District #2 to a General Retail District on Lots 8 and 9, City Block 224,111, located on the south side of Lamar Avenue between 21st S. E. and 22nd S. E. The Planning and Zoning Commission had recommended approval of the petition. Mayor Brunette called for proponents to appear, and Mr. Webb Biard, Attorney, appeared in behalf of the petitioner, stating that a real estate office was proposed for Lot 8 and a proposal had been made for the establishment of an ice cream parlor for Lot 9. Mayor Brunette called for opponents to appear, and none appeared. The public hearing was declared closed. Ordinance No. 2348: "AN ORDINANCE AMENDING ZOMIMG ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A GENER.'1L RETAIL DIS- TRICT (GR) ON LOTS 8 AND 9, CITY BLOCK 224A, OM PROPERTY BELONGING TO CECIL ANDERSON, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE - FAMILY DIVELLIMG DISTRICT NO. 2 (SF -2); -1ND DESIGNATING THE BOUNDARIES OF THE GEIIIERAL RETAIL DISTRICT (GR) SO ESTABLISHED." was presented. A motion was made by Councilman Wunsch and seconded by Councilman Wil liams for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. felayor Brunette declared the public hearing open on the petition of Randy Brown for a change in Zoning from an Ngrucultura.l District to a General Retail District on Lot 1., City Block 347., located on the ;northeast corner of Clarksville Street and Loop 286 S. E. The Planning and Zoning Commission had Tecommended approval of the petition., Mayor Brunette called for proponents to appear., and !1r. r% .J. Clem, Attorney, appeared in behalf of the petitioner., stating that a gymnastics school was proposed for the loca- tion: Mr.. Randy Brown appeared 'before the Council.., :stating that a Fn X 80 foot metal building was proposed for the property.. Mayor Brunette called for opponents to appear,, and none appearedl, and the public hearing was declared closed, Ordinance No.. 2349:: "AN ORDIi1ANCE ARENDIING 7.OMING ORDINANCE NO.. 1710 ')F THE CITY 'OF PARIS., PART'S, TEXAS., AND CH!-NGING THE BOUtWRIES PSTABLi`SHED BY THE ZONING MAP OF SAID CITY.; ESTtABLISHVIG .A GENERAL REVVIL DIS- TRICT .(GR) ON LOT 1., CITY BLOCK 34.7,, UPOPI PROPERTY OF 1HICH RAID Y LEE BROWN 0INS VCURRENT OPTIOK, `SO -AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT 1(:'101 AND DES:IGINATING THE BOUNDARIES OF THE "GENERAL RETAIL DISTRICT (GR) SO ESTABLISHED.." was presented.. A motion was made by Councilman GfiTliams and seconded by Councilman Malone for the adoption of the ordinance- The motion carried:: .7 ayes., 0 nays.. Mayor Brunette declared the public hearing open on the _revision to the !.faster Street Plan which provided for two 24 -.foot driving :lanes and a 14 -foot median on Blake Road and changing the designation to a'Type F secondary street. The Planning and Zoning Commission had recommended that the street be:re- designated to a Type F secondary street 7with a paving width of 39 feet measured from back of curb to back of curb in a minimum right -of -way of 50 -foot width., Mr. Joe McCollum. Director of Community Development., and Mr.. 'Ennis Kiilingsworth, Direc- tor of Pu'blic`Liorks, City of Paris, appeared before the Council explaining the recom- mendations of the Planning and Zoning Commission and -pointing out the physical limita- tions of the present right -of -stay and the proximity -of the residents to the existing street.. Mayor Brunette declared the public hearing closed, After discussion., a motion was made by Councilman Fisher and seconded by Councilman t-'unsch, authorizing the revision to the Master Plan, re- designating Blake Road as a Tyne F secondary street lvtith a paving width of 39 feet measured from back of curb to back of curb in a minimum right -of -way of 50, foot width. The motion carried: 7 ayes, 0 nays.. City Manager Sweatt presented a re -plat of Lot 16, Block 230, which had been recommended for approval with waiver of curb and nutter requirements along Graham Street by thePlan- ning ani Zoning Commission. After discussion., a motion was made by Councilman Philley and seconded by Councilman '!.lunsch approving the re -plat subject to a cash escrow being placed for curb and gutter on Graham Street.. Th^ motion carried: 7 ayes, 0 nays.. City Manager Sweatt presented a re -plat of Lots 18., 19, and 20, Block 3, Stellro -se Addi- tion. ", motion was made by Councilman Fisher and seconded by Councilman 14illiams for approval of the re -plat. The- motion carried: 7 ayes, 0 nays. The final plat of Eastfield Estates, Phase 1, was presented to.the Council. A motion was made by Councilman Williams and seconded by Councilman Mcivlone .approving the final plat subject to the requirements of the Director of Public Works.* The motion carried: 7 ayes, 0 nays. City Manager Sweatt advised that the agenda had included an item calling for possible revisions to the sub - division regulations and Plumbing Code,at:the.request of some of the Councilmen. Mayor Brunette referred the matter to the Planning and Zoning- Commissi for study of sub - divisions regulations and Plumbing Code and requested their.recommenda-- tion be made to the City Council, and appointed a committee composed of Councilman Williams, Councilman Wunsch and Councilman Stone to work with. the Planning `and Zoning Commission and staff for. the recommendations and development. of - information for }presenta- tion to the City Councils A motion was,made by Councilman 1.1illiams and seconded by Councilman Wunsch confirming the appointment of the committee. The motion carried: 7 ayes, 0 nays. Final plat of Tanglewood No. 8 Addition was presented. City Manager Sweatt advised the Council of the receipt of a communication from firs. A. P. Hefflefinger, -3151 Clarks- ville Street, stating that the effect of the drainage from -the Tanglewood fro. 8 AAdition as well as other surrounding property would have the effect of greatly damaging the lower 1/3 of the Hefflefinger property and stating "the danger of damage is obvious, but even so, I am writing this letter to be sure you are on notice, as I shall have no al- ternative but to hold you responsible for the damage ray property will sustain." !1ayor Brunette announced that action on the final plat of Tanglewood No. 8 Addition' would be deferred following discussion by the Councilman an executive session later on in this meeting." City Attorney Haynes presented the following petitions for re- zoning: Brenda Draper, Lot 13,.Block A, Porter's 1st Addition, from a Single- Family Dwelling District to Neighborhood Service District; Lots 1 through 17, Block A, Lots 1 through 20, Block B, Lots 1 through 10, Block C, Eastfield Estates - Phase 1, from Commercial District to Single- Family Dwelling District No. 2; Hobbit Corporation - Lot 18, City Block 296, frc SingleFamily Dwelling District "!o. 2 to Office District. — Mayor Brunette referred the petitions to the Planning and Zoning Commission for their study and recommendation and called for a public hearing at the next regular Council meeting. Mayor Brunette announced that the next order of business would be consideration of re- commendations made by the Traffic Commission at its meeting on September f, 1977. City Manager Sweatt advised that the Traffic Commission had recommended the establish- ment of a Loading Zone near 124 South Main Street for an existing business use, .Ordinance No. 2350! "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXA$, PROVIDING THAT THE CODE OF ORDIN-AMCES, CITY OF PARIS, BE AMENDED BY REVIS.UmG THE TRAFFIC PARKING MAP ADOPTED IM PARAGRAPH (b) OF SECTION 29_ -112 OF SAID CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.01; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES If! CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 1977." was presented. A motion was made by Councilman Fisher and seconded by Councilman Ma- lone for the adoption of the ordinance. The motion carried: 7 ayes, O nays. r. 13 Councilman llunsch recommended and made a motion that the Traffic Commission study the feasibility of placing parking on the west side of South Main Street from Kaufman Street to the plaza. The motion was seconded by Councilman ! >Iilliams and carried: ayes, 1 nay , Councilman Philley voting nay, The Traffic Commission recommended the placement of a Stop Sign for east -west traffic on Fairfax and 17th No E. Ordinance No. 2351: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE. OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, RE 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 OCTOBER It 1977s" was presented. A motion was made by Councilman i-k1unsch and seconded by Councilman Fisher for the adoption of the ordinance. The motion carried: 7 ayes, n nays. Discussion was had on circulation of traffic at Clarksville and 12th Street S. E. Af» ter discussion, a motion was made by Councilman !Wunsch and seconded by Councilman Hil- liamis to refer the study of traffic circulation on Clarksville Street and 12th Street S. E. to the Traffic Commission for their study and recommendation, The motion car- ried: 7 ayes, 0 nays, Mayor Brunette announced that the next order of business would be consideration of ro- commendations made by the 111irport Advisory Board, Resolution No. 1822, authorizing City Manager Sweatt to execute on behalf of the City of Paris a lease agreement with the United States government for space in the Cox Field .Airport hangar, was presented,, A motion was made by Counctlman 14illiams and se- conded by Councilman Fisher for the adoption of the resolution. The motion carried: 7 ayes. 0 nays. RESOLUTION NO. 1822 WHEREAS, the City Council of the City of Paris is desirous of cooperating with the United States Governtnent in providing addi- tional services to the flying public and users of its municipal airport, Cox Field; and, WHEREAS, the U. S. Government is desirous, of leasing T- hangar office space for a term beginning October 1, 1.977 through September 30, 1978, with the right to extend the same from year to year but not beyond September 30, 1.987, upon the terms and condi- tions and for the area therein described on Exhibit A attached hereto and made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Manager of the City of Paris, Kerry R. Sweatt, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the lease. agreement with the U. S. Government, upon the terms and conditions and in the form of Exhibit A attached hereto. Passed and adopted this 12th day of September, 1977. J 'n es M. rune ,Mayor ATTEST: ve- �c I-1. C. Greene, City Clerk APP ZOVEL} 59 TO FORM: T. K. Haynes, City Attorney SrP,.`i:)A1tJ FOR ?4 Z- -II FF UR!; 1RY 1',5 EVI710:1 U.S. �^ US G 'oye;ry) f n.Ztn) - — L E A S E DATE 12, �iQ• T}OT•-Fr'1775iV- (;E:N l: L SERVICES A- -nI' i1SrRAT!OH -2 ',� '• Short Form L;t3Zt5t{3i�tJ, t F',tc (:t c:zl t -te.nn Sett- 1977 159 �c l.I'SSOR leases to the [ANITED STATES OF AMERICA, hereinafter called the GO`.'ERNMENi', the (described premises on terinls stated herein, including the conditions on tbe. reverse hereof. 1. JION OF LEASED PREMISES .. i �'�;iI? mar Building, Gox Field, Pax_ is, Texas 2 DF.SCHI111ON Or LEASED PREMISES '•. . A roori in the northeast corner of the Hangar Building'approxinately 11 feet by 16 feet containing 176 square feet for a Single Frequency Outlet (SFO) and En Route Flight Advisory Service (EFAS). 3. TERM. To have and to hold; - October l 1 For the term beginning _through ----------- September 30,1978 --------------- Front year to year thereafter, but not beyond 8--------------------------------------- -- --- --= ----------------- this lease " may be renewed in accordance with Article 9. 4. Tf:I.1ALNATiON. The Government may terminate this lease at any time by giving at Ieast _ thlxty--- days' - written notice to the .Lessor. Said notice shall be computed commencing with the day after the date of mailing. S. RENTAL. The Government shall pay the Lessor annual rent of s-828-. 00__ ________ __________ at the rate of $_ 207.• 00 . per _ quaxker _y- gam_. -_ -_, in arrears. Rent for a lesser period shall be prorated Rent checks shall be made_ payable to: City of Paris, Paris, Texas P. 0.- 'Box,1037 Attn: Finance Officer Paris ,-Texas _ 6. ACES AND UTILITIES (Enter' 3C" in boxjor each item to ba provided by Lessor as part of lease) D (1) HEAT (5) CHILL'cDDRINKiNGWATER (9) TOILETSUP °LIES - (2) ELECTRICITY .. (5) AIRCOADITIONING ': (10) JANITOR SERVICE AND SUPPLIES ___________ -�_ •_ (Fiequencyj�- (3) POWER (Spada: equlpme,,1)- - '. (T) ELEVATOR SERVICE (11) INITIAL LAMPS. TUBES. BALLASTS AND REPLACEMENTS _ (:) WATER (Noland eol4 E] (8) WINDOW WASHING (Quarterly) -_ (I2) MECHANICAL VENTILATION E] (13) OTHER (Speei}3')• 7. SPECIAL OR OTHER PROVISIONS) AGREED UPON - - The operational power"will include the expense of lighting. Article 10 on the reverse side of Standard Form 2 -B was deleted; Articles 8, 9, 10, 11, 12, 13, 14, IS, 16, 17, and 18 follow the signatory page and were added hereto and made a part hereof prior to execution by either party .hereto. LESSOP. . CITY OF.PARIS, PARIS, TEXAS ATTEST: ^I_erzy R. Sweatt, City Manage r Gr,–Ci - _ ___ ty_ Clerk------ ---- — ------- - - (Signature) (Slgnatarej I! D STATES OF AMERICA UY Contracting r -- -- - - - - -- - - -- - - ------- - - - - - - - ----------- - - -- - - - -- `•� rn. T (Sisnatura) (QO(tf.cfioiltcitlea) TT. 2 -302 (See Genera[ Provissons im reverse) EXHIBIT •A r, Lease No. DOT- FA77SW -1259 SFO /EFAS Cox Field. Paris, Texas SPECIAL LEASE PROVISIONS 8. FUNDING RESPONSIBILITY CLASS I - II FACILITIES: The airport owner agrees that any relocation, replacement, or modification of any Federal Aviation Administration Class I or II facility, or components thereof, as defined below, covered by this lease during its term or any renewal thereof made necessary by air - port improvements or changes which impair or interrupt the technical and /or operational characteristics of the facilities will be at the expense of the airport owner; except, when such improvements or changes are made at the specific request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the airport owner or the Government, funding responsibility shall be determined by the Govern- ment. CLASS I FACILITIES Remote Transmitter /Receiver (Tower) Airport Traffic Control Tower Airport Surveillance Radar Airport Surface Detection Equipment Precision Approach Radar ILS and Components ALS and Components Visual Landing Aids Direction Finding Equipment VOR, TVOR, & VORTAC (Instrument Approach) Weather.Observing $ Measuring Equip. (owned 4 operated by FAA) Central Standby Power Plant (en route only Station rations Outlet Communications Outlet facilities CLASS II FACILITIES Long Range Radar VOR and VORTAC Air Route Traffic.Control Centers Flight Service Peripherals (Remote Control Remote Communi, Air /Ground Communication Facility) Limited Remote Other.en route A1(` ;f Ij �E i t I Lease No. DOT- FA77SIV -1259 SFO /EFAS Cox Field Paris, Texas 9. RENEWAL OPTION: This lease may, at the option of the Government, be -renewed from year to year at an annual rental of Eight Hundred Twenty -Eight and No /100 Dollars ($828.00) payable at the rate of Two Hundred Seven and No /100 Dollars ($207.00) per Government fiscal quarter in arrears and otherwise upon the terms and conditions herein specified. The Govern - ment's option shall be deemed exercised and the lease renewed each year for one year unless the Government gives thrity (30) days' notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED, That no renewal thereof shall, extend the period of occupancy of the premises beyond the thirtieth (30th) day of September, 1987; AND PROVIDED FURTHER, That adequate appropriations are available from year to year for the payment of rentals. 10. CANCELLATION: The Government shall have the right and privilege to cancel.this lease at any time during the term of this lease or during the term of any renewal thereof upon giving the Lessor thirty (30) days' notice in writing, such notice to be computed from the date of the postmark on the envelope in which said cancellation notice is mailed, and no rentals shall accrue after that date; EXCEPT, That portion of the lease pertaining to electric service. Electric power is calculated in this lease at $25.00 per month or $300.00 per year to include the operational power for the installation, which may be renegotiated by either party upon thirty (30) days' notice as defined above, and the monetary con-. sideration of this lease adjusted therefor. 11. ANTENNA PLATFORM: The Lessor grants the Government the.right to construct and maintain an antenna platform approximately 3 feet by 10 feet on the roof of the Hangar Building. The Government shall furnish the Lessor specifications for antenna platform for approval prior to construction. 12. SECURITY LOCK: The Lessor grants the Government the right to replace the existing door lock with a security lock. Lease No. DOT- PA77SW -1259 SFO /EFAS Cox Field Paris, Texas 13. CABLE PENETRATION: The Lessor grants the Government the right to make a penetration, approximately 4 inches in diameter through the outside wall for installation of coaxial cables and a penetration through the interior wall for telephone cables. 14. ACCESS AND VEHICLE PARKING: The Lessor shall provide, free of charge, access and parking space for employees*of the facility. 15. NON - RESTORATION: The Lessor and the Government hereby agree that upon termination of the Government's occupancy of the leased premises there will be no obligation on the part of the Government to restore or rehabilitate the property of the Lessor. Notice of abandonment of any of the Govern- ment's property shall be in writing to the Lessor by the Contracting Officer. 16. INTERFERENCE WITH THE GOVERNMENT'S OPERATIONS: The Lessor agrees that in the event any of the Lessor's operations or facilities located on the demised premises causes interference with the Government's operations conducted on the leased premises, the Lessor shall, upon being notified by the Contracting Officer, make every reasonable effort to eliminate the cause of such interference. 17. CONVICT LABOR: In connection with performance of work under or associated with this lease the Lessor agrees not to employ any person undergoing sentence of imprisonment except as provided by Public Law 89 -176, September 10, 1965, (18U.S.C. 4032(a)(2) and Executive Order 11755, December 29, 1973.) 18. CONFLICT: To the extent any of the inconsistency between the provisions of this - lease, and any schedule, attachment, rider or exhibit incorporated, in the lease by reference or otherwise, or any of the Lessor's rules and regulations, the provisions and conditions of this lease shall control. CORPORATE CERTIFICATE Lease No. DOT- FA77SIf -1259 SFO /ETAS Cox Field Paris, Texas I, H. C. Greene, ' certify that I am the City C_.rk MbtX%tXff4X of the corporation named as.Lessor in the attached lease; that Kerry R. Sweatt who. signed. said i lease on behalf of the corporation was then City Manager thereof; that said lease was duly signed for and in behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. i Dated this 12th day of September 1977. CORPORATE SEAL By: H. C. Greene The airport Advisory Board had recommended in their meeting the approval of an aero- nautical permit for student pilot training to the Tammy Corporation in accordance with rules and regulations.. A motion was made by Councilman Malone and seconded by Coun- cilman Williams approving the permit for the Tammy Corporation, The motion carried: 7 ayes, 0 nays. City f..9anager Sweatt presented a request from the Tammy Corporation for a lease of an area adjacent to the parking lot for 'location of a mobile trailer,. Resolution Pdo, 1823, authorizing City Manager Sweatt to enter into a lease agreement with the Tammy Corporation, was presented. A motion was made b,Y Councilman Milley and seconded.by Councilman Pilliams for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. i 20 RESOLUTION NO. 1823 . WHEREAS, the City Council of the City of Paris is desirous of oncouraging aeronautical activities at its municipal airport, Cox Field; anti, WHEREAS, Tammy Corporation, of Red River County, Texas, is desirous of leasing 1, 000 square feet at Cox Field, to be used in conducting permitted aeronautical activates, said lease to be upon the terms and conditions and for the property described 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, Kerry R. Sweatt, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the lease agreement with Tammy Corporation, upon the terms and conditions and in the form of Exhibit A attached hereto. Passed and adopted this 12th day of September, 1977. ATTEST: H. C. ` Greene, City Clerk APPROVED TO FORM: T. K. Ha,.Nffnes, City Attorney Mr. Leighton Cornett, Attorney, appeared in behalf of "r. and Mrs, Norman Sharber, 890 33rd Street S. E., concerning a drainage problem previously presented to the City Coun. cif. Mr. Cornett stated that it was his opinion that they City is responsible for the Sharber's damages and requested that the City give consideration to repair of the drainage and damages caused by the drainage. Mayor Brunette deferred action on the 21 LEASE AG1ZEEitiGNT STATE OF TEXAS � KNOW ALI, MEN BY TI -I1,SE P111_ S}tNTS:. COUNTY OF L.AMA R 0 LEAS1 AGREEZ�IL IT BETWEEN the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its City Manager, KERRY R. SWE—ATT, duly authorized, hereinafter referred to as, Lessor, and TAMi\4Y CORPORATION, of Red Rivcr County, Texas, acting by and through its President, W. JP GOURLEY, duly authorized, hereinafter referred to as Lessee, WITNESSETH: For and in consideration of the sum of ONE HUNDRED EIGHTY AND N01100 ($180.00) DOLLARS, payable to the CITY OF PARIS, a municipal corporation, as follows: $15.00 on or before September 1, 1977, with a like payment on or before the l.st day of each month thereafter during the term hereof, said CITY OF PARIS _ does hereby lease, rent and let unto TAMMY CORPORATION that portion of Cox Field property described on: Exhibit A and depicted- . on Exhibit B attached hereto and made a part hereof for all legal purposes. The term of this lease is for one (1) year, beginning on the Jst day of September, 1977 and ending on the 3lst day of August, 1975. -IN CONSIDERATION HEREOF, it is mutually agreed by and between 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 with -. out neglect, default or delay. 2. That this lease is subject to all the terms, provisions and conditions of the deod of conveyance of such premises from the EXHIBIT A United States of America to the City of Paris, recorded in Book 303, Page 237, Deed Records of Lamar County, Texas, to which :reference is made for all pu.rposCs. 3. That Lessee, its successors or assigns, agrees as a covenant running with the land that in the event facilities are con- structed, maintained, or otherwise operated on the said property dc- scribed in this lease for a purpose for which a Department of Transportation program or activity is extended or for another pur- pose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and 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. 4. That Lessee, its successors or assigns, agrees as a covenant running with the land. (1) that no person on the grounds of race, color or national origin shall be excluded from part:icipatio►l in, denied the benefits of, or be otherwise subjected to discrimina- tion 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 ori(Ti.n shall be excluded from participation in, denied the benefits of or. otherwise/be subjected to discrimination, (3) that the Lessee shall t ►se the premises in compliance with all other requirements imposcd by or pursuant to Title 49, Code of federal Regulations, Dopartment of '.Cransportation, Subtitlo A, Office of the Secretary, L Part 21, Nondiscrimination in Federally -- assisted programs of the Department of Transportation- Effectuation of Title Vf 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- 480169 -02 and No. 6-48-0169-03. 6. That Lessee will abide by and comply with all rules, re- gulations, ordinances and laws pertaining to the use of the airport located at Cox Field, including but not limited to the City of Paris Airport Manual and Federal Aviation Administration rules and regu- lations 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 activities for which it 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. Lessee is given authority to locate upon said premises a prefabricated metal building provided said building is sufficiently under pinned, secured to the ground, said building to be used for the specific purpose of an office and /or classroom to be used in .connec -- tion with conducting an aviation flight training school and for that purpose only, and at no time shall said property be used as living quarters. 9. That Lessee will take good care of the leased premises and be responsible and make good to Lessor all injuries and. da- mages to the same caused by Lessee or those under it 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 al ;;lc eXcepted, and Lessee will, upon the expiration of. this Icase, pcaccably yield up to Lessor all and singular th.e premises. 10. The City of Paris shall furnish Nvater and sewer service from the Airport System, at no charge to the Lessee, as a part of the lease. 11. That it shall be lawful for Lessor's Airport Manager to enter upon and into the leased premises and every part thereof at all times for the purpose of inspecting and examining the condition 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 -• - bilities, 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 invitees, agents, servants or employees' use, and Lessor shall not be liable to Lessee, its invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the premises being impro- porly 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 injur. i0s, and Lessee must at all times during the -term of this agrcc Il-I,�mt, and any eXtCIIsion7 thereof, koep and I1iL-lil-Iti1111 in fLIII force Ind effect a policy or policies; of insu1-ance, providing at 2 J least $100, 000.00 p r parson an,l .$300, 000.00 for any Singh occur.ronce fol.- bodily injut— or death and $10,000.00 for any single occtrrre. lice for injury to or destruction of propf�rty, indemnifying all persons for any and all damages, personal injuries or property da-- mages sustained in or upon the pren-iises of said leased proper_ty, or any part thereof, as the result of the: negIigence of Lessee, its 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 repu- table 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, evi- dencing the fact that such insurance is in full force and effect at all times during this lease and any extension thereof. 14. That Lessee will not use or permit the use of said premises or any part thereof for any purpose which is determined' dangerous .or hazardous to the airport operation by the Airport Manager. 15. Should Lessee default in, or fail or refuse to keep any of the covenants, conditions, stipulations and /or provisions herein contained, 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, slu 11 be given to Lessee by �U Lesf;or's Airport Manager. After affording Lessee such hearing the. A.irpos-t Advisory Roared shali recornniond to the City Council that the lease continuo or bc- tcrminated, and thereafter thce City Council shall take such action as it deems necessary. 16. That the City may at its option terminate this Lease as to the entire tract, or any part thereof, which may be necessary, in the - event the City desires to use the prop %rty, or any portion thereof, for. necessary municipal functions, such as extension of runways or erection of other airport facilities. In the event of either of the above contingencies the City shall give the Lessee ninety (90) days notice in writing of its intention to so utilize the tract, or any portion thereof, for the above specified purposes. In the event this option is exercised by the City, the unearned por- tion of the rental payment shall be refunded to Lessee. 17. That if at any time said building or grounds shall be- come dilapidated, uncared for or become unsightly, the Lessor may, After thirty (30) days written notice -to Lessee, terminate said lease and remove said building. 13. .:The terms of this lease are binding on and the benefits herein inure to the successors and assigns of Lessee. Executed on tie dates . shown in acknowledg- ements below- CITY OF PARIS, PARIS, Tl \AS By: ATTI,;S -l7: Kerry R. Sweatt, City Manager 11. C. Greene, City Clerk LESSOR TAMiti4Y- CORPORATION By: A-f` T'.1i' -I-: APi'RO\'E- D AS TO FOE:M: 'T. Ira 1- 1a } %►ie:s, C�.i.ty tto.rney 7 S TATE OF T[sXAS � COUNTY OF LAMIAR BEFORE ME, the undersigned authority, on this day personally appeared KERRY R. SWEATT, City Manager of the City of Paris, Paris, '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 consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of September, 1977. Notary Public, Lamar County, Texas STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared W. J. GOURLEY, President of Tammy Corporation, known to me to be the person whose name is subscribed to the foregoing instru- ment; and acknowledged to me that he executed the same for the pur- poses and consideration therein expressed, and in the 'capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of September, 1977. Notary Public, County, Texas Situated within the Corporatc Limits of the City of Perris, on the City of Paris iMunicipal Airport, COX Field, in the County of Lamar. aml State of - .1 -Cxas, and br:i.rrg more particular) described as follows: BEGINNING at a stake for corner, said corner bcinr; 85 feet North and 52 feet West of the most W' -- ;terly Northwest Corner. of the Cox Field I erminal I3ui ).ding, said corner also being 7 feet Wcst of the Nest Curb Lime of the existing paved parking lot; 'ClIENCE \ortii parallel with and 7 feet West of said curb lino 50 feet to a snake for corns; THENCE West 20 feet to a stake for corner; THENCE South 50 feet to a stake for corner; TI-IENCE Fast 20 feet to the place of beginning and containing 1000 square feet. EXI.IIBIT A [1 o 0 --o 0 0 -o v---- a -- -c�- o s w w U EXHIBIT B request and called for a discussion of the matter at the executive session later in this meeting,. Mayor Brunette called for a report from the committee concerning drainage facilities of the proposed Twin Oaks Estates Addition on the Borth side of Cherry Street adjacent to the old Springlake Golf Course. Councilman Williams, chairman of the committee, made the following recommendation in behalf of the committee: 1. Accept the proposal by the subdivider to enlarge crossings under Cherry Street by the construction of 37` of new 36" RCP to proper grade and the installation of new inlet on the north side of the Cherry Street crossing. 2. The City of Paris enlarge downstream storm sewer by the installation of approximately 243 linear ft. of 36" pipe t6gether with necessary easements and related construction to eliminate an existing drainage problem. The estimated cost of these improvements are as follows: Developer $1,527.00 (exclusive of inlet as thatincluded in original plans.) City $7,737.00 After discussi ©n, a motion was made by Councilman Fisher and seconded by Councilman Stone to receive and adopt the recommendations of the comW ttee as contained in their report. The motion carried: 7 ayes, 0 nays, Mayor Brunette announced that the next order of business would be consideration of the previously authorized ordinance regarding Library Department participation in the Texas Municipal Retirement System.- Ordinance No. 2352: "A1 ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDIMG THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS,. TEXAS, BE 41ENDED BY ADDING- A NEW SUB - PARAGRAPH (b)' AND U!,JUMBERING (b) AS SUB- PARAGRAPH (c), ALL OF SECTION 2 -22 OF SAID CODE; PROVIDING FOR THE EMPLOYEES OF THE LIBRAIRY DEPART.&Ibt T TO ESE COVERED BY UIRS ND GRANTING THEM 70% OF THE "BASE PRIOR SERVICE CREDIT "; REPEALING ALL ORDINANCES OR RARTS OF ORDINANCES IPA Co_`NFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 12, 1977 ". was presented. A motion was made by Councilman Wunsch and seconded by Councilman Vil- li'ams for the adoption of the ordinance; The motion carried: 7 ayes, 0 nays. A previously authori "zed ordinance regarding consumption of alcoholic beverages in quasi - publIc places was presented as the next item on the agenda. Ordinance No. 2353: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDI`JG THAT THE CODE OF ORDIgA ACES, CITY OF P ":PIS, BE 'MENDED BY REVISING SECTION 2 -1/2 -3 OF S ".ID CODE; PROVIDING FOR THE EXPANSION OF THE DESCRIPTION OF AREAS UPERE CnNsUMPTION OF ALCOHOL-BEVERAGES ARE PROHIBITED; PROVIDING FOR A PENALTY NOT TO; EXCEED $200.00; REPEALING ALL ORDIlr r!'JCES OR PARTS OF ORDINANCES Ill CONFLICT HEREH'ITH; AMID PROVI`)ING FOR AN EF- FECTIVE DATE OF OCTOBER 1, 1977." was presented. A motion was made by Councilman Fisher and seconded by Councilman Wunsch for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. A previously authorized ordinance regarding fines for parking violations was next pre - I Ordinance No: 2354: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT_ TI {E CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY ADDING A SECTION TO BE NUMBERED 29 -126, PROVIDING FOR PEMALTIES FOR OVER- TIDE PARKING; PROVIDING FOR A PENALTY PLOT TO EXCEED $200.00; REPEALING ALL ORDIRANCES OR PARTS OF ORDINANCES Ifs CONFLICT HERB41TH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 1977." was presented. A motion was made by Councilman t- !unsch and seconded by Councilman Hil- liams for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. City Manager Sweatt presented a request from the Lamar County 'Water Supply District to increase delivery of water on their northeast line on FM 195 from 80 gallons per minute to 180 gallons per minute with reduction of the 100 gallons per minute being made on other lines. Mayor Brunette appointed a committee composed of Councilman Malone, Councilman Philley and Councilman Fisher to study the request and make recommendations at a future Coun- cil meeting. A motion was made by Councilman Williams and seconded by Councilman Wunsch confirming the appointments to the committee. The motion carried: 7 ayes, 0 nays. Mayor Brunette called for.the tabulation of bids received for a fire truck for the Fire Department, and the following bids were received: DAYS BID DELIVERY Fire Appliance Co. of Texas 60 67,210.00 (500.00) Wichita Falls Martin Apparatus Base Bid 365 72,650.00 Alt. Bid Dec., 1977 76,980.00 American La France Co. 365 77,000.00 Alternate 72,000.00 Fire Protection Service Co. 300 76,000.00 F"iC Corp, - Sunfire Equip. Co. 410 67,373.00 Alt.( +3321 Pump 70,694.00 City Manager Sweatt recommended that the bid of the Fire Protection Service Company in the amount of $76,000.00 be approved. Resolution No. 1824, authorizing City Manager Sweatt to execute on behalf of the City of Paris a contract with the Fire Protection Service Company to furnish one new 1977 triple combination 750GPM fire truck and apparatus, was presented. A motion was made by Councilman Malone and seconded by Councilman !!illiams for the adoption of the reso- lution. The motion carried: 7 ayes, 0 nays. RESOLUTION NO 1524 . WHEREAS, the City Council of the City of Paris did at its Council Meeting or the 11th day of July; 1977, approve the adver- tisement for bids for the furnishing and delivery of One (1) New 1977 Triple Combination 750 G. P. M. Fire Truck and Apparatus for the Fire Department, in accordance with detailed specifications, which bids were received until 10:00 o'clock A. M. , Wednesday, September 7, 1977; and, WHEREAS, the best bid for fire apparatus was made by Fire Protection Service Company, and it should be awarded the contract for such apparatus; and, WHEREAS, the form of contract to furnish such apparatus is attached hereto-as Exhibit A; NOW, THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the bid of Fire Protection Service Company, to furnish fire apparatus for the City of Paris Fire Department, in the amount of $76, 000. 00, is hereby accepted and let, conditioned upon said contractor meeting all of the terms _and conditions in- cluded in the bid documents; and, BE IT FURTHER RESOLVED, That the City Manager of the City of Paris, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the contract with Fire Protection Service Company, to furnish and deliver One (1) New 1977 Triple Combination 750 G. P. M. Fire Truck and Apparatus for the City of Paris Fire Department, upon the terms and Bondi tions and in the form shown in Exhibit A attached hereto. Passed and adopted this 12th day of September, 1977.. a es M. r tte, Mayor ATTEST: Ve H. C. ' -Green City Clerk APPROVED S TO FORM: T. K. Haynes, City Attorney Mayor Brunette called for tabulation of bids on fencing for the fire training area, and the following are bids received: 33 DAYS BID Boswell Fencing Co. 30 2.681.00 Rose & Emerson 14 2,190 *00 Uarren Fence Co. 2,390.00 City Manager Sweatt recommended that the low bid of Rose & Emerson Fence Company in the amount of $2,190.00 be approved. A motion was made by Councilman !!illiams and seconded by Councilman Fisher approving the bid of hose A Emerson Fence Company in the amount of $2,190.00. The motion carried: 6 ayes, 0 nays, Councilman !^!unsch abstaining from voting. flayor Brunette called for tabulation of bids for the construction of a building at the Police Firing Range, and the following bids were received: DAYS BID Murphy Building Co, = 3,495.00 Will Horne & Son 60 4,856.65 Harrison & Walker 40 7,884.00 City Manager Sweatt recommended that the bid be awarded to the Murphy Building Company in the amount of $3,495.00 . Resolution No. 1825, authorizing City f"anager Sweatt to execute a contract with the Murphy Building Company for construction of the building at the firing range, was pre- sented. A motion was made by Councilman Fisher and seconded by Councilman Wunsch. The motion carried: 7 ayes, 0 nays. 34 RESOLUTION NO. 1825 WHEREAS, the City Council of the City of Paris, did at its regular meeting on the 8th day of August, 1977, approve the adver- tisement for bids for furnishing the construction of a 20 foot by 60 foot Police Firearms Training Building, in accordance with detailed plans and specifications, dated August, 1977, which bids were re- ceived until 10:00 o'clock A. M. , Wednesday, September 7, 1977; and, WHEREAS, the best bid for such constructionn was made by Murphy Building Company, and it should be awarded the contract for such construction work; and, WHEREAS, the form of contract to furnish such construction work is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the bid of Murphy Building Company for furnishing the construction of a 20 foot by 60 foot Police Firearms Training Building, within 30 calendar days, in the amount of $3, 495.00, 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, Kerry R. Sweatt,. 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 Murphy Building Company. Passed and adopted this 12th day of September, 1977. es M. B - - ette, Mayor ATTEST: H. C. Greene, City Clerk AP R 0 V A TO FORM: `' T. K. Baynes, City Attorney 1:? C7 Mayor Brunette called for tabulation of bids received for asphalt surfacing work at Cul- bertson and Record Parks. City Manager Sweatt advised that no bids had been received and recommended re- advertisement for bids to be received, tabulated and presented to the Council at the next regular Council meeting. " motion was made by Councilman ttunsch and seconded by Councilman Fisher approving the recon nendation. The motion carried: 7 ayes, 0 nays. Mayor Brunette called for tabulation of bids received for the sale of the pontoon barge owned by the Paris Fire Department. City Manager Sweatt advised that only one bid had been received, that being from C. D. McMillan in the amount of $1,777.67 and recom. mended that the bid be accepted and approved. A motion was made hy! Councilman Htunsch and seconded by Councilman "Malone to approve the recommendation of the city manager. The motion carried: 7 ayes, 0 nays. City Manager Sweatt requested authorization to advertise for bids for landfill com- pactor. A motion was made by Councilman !Iunsch and seconded by Councilman Fisher ap- proving the request. The motion carried.: 7 ayes, 0 nays. City Manager Sweatt requested authorization to advertise for bids for pump and piping material for the Sanitary Landfill. A motion was made by Councilman Vunsch and seconded by Councilman Malone approving the request. The motion carried: 7 ayes, 0 nays. City Manager Sweatt requested authorization to advertise for bids for air conditioning and heating work at Cox Field Airport— terminal building, for desolator and burster for the Mater Billing Office, and for runway overlay project at Cox Field. "_. motion was made by Councilman Wunsch and seconded by Councilman Fisher approving the request of the city manager. The motion carried: 7 ayes, 0 nays. City Manager Sweatt presented the 1977 Tax Roll in the amount of $1,935,349.02. A mo- tion was made by Councilman Villiams and seconded by Councilman !-'unsch approving the 1977 Tax Roll. The motion carried: 7 ayes, 0 nays. City Manager Sweatt recommended that J. T. Gunken & Associates, Garland, Texas be em- ployed for the study and recommendations for development and maintenance of the down- town business area. Mr. Sweatt advised that the Texas Department of Community Affairs has offered a grant in the amount of $7,000.00 and the Downtown Merchants association have agreed to furnish the matching funds of A3,500.00 for the funding of the program. A motion was made by Councilman Malone and seconded by Councilman Fisher authorizing the employment of J. T. Dunker &associates to provide the study and make recommenda- tions for development and maintenance of the downtown business area. The motion car- ried: 7 ayes, 0 nays. City Manager Sweatt advised that the following resolution was presented as a precau- tionary measure and concerned the voluntary fire fighters pension system. City manager Sweatt advised that the City of Paris has no organized voluntary fire fighter associa- tion. Resolution No. 1526, resolving that the City of Paris dees exercise its option to exempt itself from the requirements of Article 624e.3, was presented. A motion was made by Councilman Wunsch and seconded by Councilman Malone for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. 3 � -) } RESOLUTION NO. 1826 WHEREAS, the City Council of the City of Paris, recognizing the fact that the City of Paris has no organized volunteer fire fighting unit performing qualified service as that term is defined in Section 1, Subsection (1), of Article 6243e.3, Verrion`s Annotated Civil Statutes, deems it just and proper, that to avoid confusion, to exercise the option offered in Section 2 of said Article; NOW, THEREFORE, BE IT RESOLVED BY TILE CITY COUNCIL. OF THE CITY OF PARIS, That the City of Paris does hereby exercise its option to exempt itself from the requirements of Article 6243e..3, which option is granted in Section 2 thereof. Passed and adopted this 12th day of September, 1977. mes Br re tte, Mayor ATTEST: H. C. Greene, City Clerk Y APP OVED TO FORM: T. K. Haynes, City Attorney Resolution 114o. 1827, appointing Dee Cunningham and John 14. Villiams, Jr, as alternate members of the Board of Adjustment to serve for a period of two years ending Jane 30, 1979, was presented. A notion was made by Councilman Fisher and seconded by Councilman t4illiams for the adoption of the resolution. The motion carried: 7 ayes, D nays. RESOLUTION NO. } 827 WHEREAS, there exists two vacancies for alternate mernbers on the Board of adjustment; and, WHEREAS, it is necessary to fill such vacancies; NOW, THERE - FORE; 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 appointed as alternate members of the Board of Adjustment, to serve for a term of two years ending June 30, 1979. Passed and adopted this 12th day of September, 1977. as e s B urt tte, Mayor V - ATTEST: H. C. Greene;- City Clerk APP OVEED TO FORM: . Ha nes, 'it; Attorney Resolution No. 1828, appointing members to the Library Advisory Board, as follows: Dr. Don Black and Francis Ellis for terms ending June 30, 1978; Viroinia Gibbs, F. D. Mallory, III, and Herschel McKinney for terms ending June 30, 1979; Pat Bassano and David Denney for terms ending June 30, 1980, was presented. P motion was made by Coun- cilman Ilunsch and seconded by Councilman 14illiams for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. RESOLUTION NO. 1828 . WHEREAS, the City Council of the City of Paris did in Resolution No. 1820 establish the Library Advisory Board to con- sist of seven (7) members, 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 Mayor of the City of Paris, James M. Brunette, does hereby recommend the following for the following terms: Don Black one year Frances Ellis one year Virginia Gibbs two years F. D. Mallory, III two years Herschel McKinney two years Pat Bassano three years David Denney three years NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That initial appointments to the Library Advisory Board be as follows: Don Black and Frances Ellis -be appointed for terms ending June 30, 1978; that Virginia Gibbs, F. D. Mallory, III and Herschel McKinney be appointed for terms ending June 30, 1979; and that Pat Bassano and -David Denney be appointed for terms ending June 30, 1980. Passed and adopted this 12th day of September, 1977. M. Brunt Mayor ATTEST: H, C. Greene, City Clerk APPRO�TED TO FORM: T. K. Baynes, City Attorney City Manager Sweatt presented a request from !,,!esley King for eater service outside the City limits in the gray area and recommended approval, subject to standard conditions including pre - chlorination and compliance with City Plumbing Code. A nation was made by Councilman 11unsch and seconded by Councilman Hilliams approving the request. The motion carried: 7 ayes, 0 nays. Resolution Flo. 1829, re- appointing Richard L. Fuller, Julian T. Hendren, and Jane Moore and appointing Frank Sherman to serve as members of the Traffic Commission for a term of three years ending June 30, 1980, was presented. " motion was made by Councilman Williams and seconded by Councilman Fisher for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. RESOLUTION NO. 1829 WHEREAS, the terms of office of Bethel F. Holmes, Richard L. Fuller, Julian T. Hendren and Jane Moore, as members of the Traffic Commission of the City of Paris, did expire on June 30, 1977; and, WHEREAS, the Mayor of the City of Paris, James M. Brunette, has re-appointed Richard L. Fuller, Julian T. Hendren and Jane Moore for terms ending June 30, 1980, and has appointed Frank Sherman to succeed Bethel F. Holmes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the re- appointments of Richard L. Fuller, Julian. T. Hendren and Jane Moore, and the appointment of Frank Sherman, to serve as members of the Traffic Commission of the City of Paris, for a term of three (3) years, ending June 30, 1980, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. Passed and adopted this 12th day of September, 1977: M. 9J es M. ru et e, Mayor ATTEST: H. C. Greene, City . Clerk APP OVED AS TO FORM: T. K. Haynes, ity ttorney City Manager Sweatt requested authorization to advertise for bids for asphalt work at the Police Firing Range. A notion was made by Councilman Wunsch and seconded by Coun- cilman Williams approving the request. The motion carried: 7 ayes, q nays. Mayor Brunette announced the Council would vr� into executive session. 40 City Attorney Haynes advised the Council of an accident at 6th Street S. E, at the rail- road crossing involving Mrs. Ruth Ann King and advised that the railroad had satisfied damages. City Attorney Haynes advised the Council of a letter from Mr. Leighton Cor- nett, Attorney, regarding the claim of Mr. and "'rs, tiorman Sharber, 890 33rd S. E. Discussion was had concerning downstream drainage from Tanglewood No. 8 Addition. Mayor Brunette declared the executive session closed and the regular session open. Mayor Brunette called for the committee report from the committee.appointed to inves- tigate the request for drainage improvements by 'sr. and Mrs, @'orman charber at 89D 33rd S. E. Councilman Philley gave the following action: "Chairman Philley proposed the City offer to participate to 50% of the cost of constructing a retaining wall at the existing driveway and stream point to stabilize bank and prevent further erosion as recommended by the Director of Public Vorks. Mr. Fisher voted in agreement with this recommendation; Mr. Malone stated that he was cpposed to this action as he felt the City of Paris was liable for total improvement cost as it was his opinion street construction changed the flow as well inten- sity of water in this circumstance. Chairman Philley asked that a written report of the meeting be prepared together with the committee recommendation on the sub• ject for City Council action at the next regular meeting." A poll of the committee showed Councilman Philley and Councilman Fisher concurring with the committee report, Councilman Malone not concurring. After discussion, a motion was — made by Councilman Williams and seconded by Councilman Philley authorizing the City attorney to inform the interested party of the recommendations of the committee and to make an offer as outlined in the committee report. The motion carried: 7 ayes, 0 nays. Mayor Brunette requested action on the final plat of Tanglewood Flo. $ Addition as pre- sented earlier in this meeting. A motion was made by Councilman Fisher and seconded by Councilman Williams to table approval of the final plat. The motion carried: 7 ayes, 0 nays. Mayor Brunette appointed a committee composed of Councilman Malone, Councilman V,141- liams and Councilman Stone to study the final plat and drainage conditions and make recommendations to the Council at a future meeting. Dr. Richard Swint appeared before the Council and discussed roadside dumping on the read leading to the Sanitary Landfill and requested that a committee be appointed to study this situation. Mayor Brunette requested the city manager to consult with the county judge considering the dumping problem on the county road. There being no further business, the meeting adjourned. MAYOR, VNES t1. BRUMETTE ATTEST: H. C. Greene, City Clerk I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL October 10, 1977 The regular meeting of the City Council was held on October 10, 1977 at 7 :00 P. SS. Mayor James C1. Brunette called the meeting to order with the follol,!ing Councilmen pre- sent: Michael ?Malone, David Philley, Oalter F. Pilliaris and Raymond ►,Aunsch. Also pre- sent were City Manager K. R. Svreatt,.City Attorney T. K. Maynes, and City Clerk H. C. Green'. Prayer was offered by Reverend Hilton Guttierrez, Oak Park United igethodist Church. Mayor Brunette asked if there were any additions or corrections to minutes of previous meetings as furnished the Council members. There being none, the minutes were approved. Mayor Brunette announced that the first order of business would be consideration of recommendations made by the Planning and Zoning Commission. Mayor Brunette declared the public hearing open on the petition of Brenda Draper for, a change in zoning from a One- Family Dwelling District No.. 2 to a ?Neighborhood Service District on Lot 13, Block t, Porter's lst Addition. The Planning and Zoning Commission had voted to recommend approval of the petition. Mayor Brunette called for proponents to appear, and Mrs. Draper appeared in her behalf stating she proposed to construct a beauty shop on the property. ;Mayor Brunette called for opponents to appear, and none appeared. Mayor Brunette declared the public hearing closed, and Ordinance No. 2355: "AN`! ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONIt'NG MAP OF SAID CITY; ESTABLISHING A "NEIGHBORHOOD SERVICE DISTRICT ( ?NS) ON LOT 13, BLOCK A, PORTER'S FIRST ADDITION, ON PROPERTY BELONGING TO BRENDA DRAPER ACID VERCNOM E. DRAPER, SO AS TO INCLUDE TNIEP.EIN TERP,ITON2Y FORMERLY DESIGNATED AS ^, Or;E- FAMILY DWELLING DISTRICT NO. 2 (SF -2); �ND DESI GINATIMG THE BOUNDARIES OF THE NEIGHBORHMD SERVICE DISTRICT (NS) SO ESTABLISHED." was presented. A motion was made by Councilman Wunsch and seconded by Councilman Wil- liams for the adoption of the. ordinance. The motion carried: 5 ayes, 0 nays. Mayor Brunette declared the public hearing open on the petition of the Eastfield Estates for a change in zoning from a Commercial District (C) to a,One- Family Dwelling District Nod 2 on Lots 1 through 17, Block A, and Lots 1 through 20, Block B, Lots l through 10, Block C of Eastfield Estates, Phase 1. The Planning and Zoning Commission had voted unanimously to recommend approval of the request. r No proponents or opponents appeared against the petition. Mayor Brunette declared the public hearing closed, and Ordinance No. 2356: "AIN ORDINANCE AMENDING ZONING ORDIN.AN`dCE MO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHAMGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A ONE - FAMILY D14ELLING DISTRICT NO. 2 (SF -2) O'! LOTS 1 THROUGPN 17, FLOCK A, LOTS 1 THROUGH 42 20, BLOCK B AND LOTS 1 THROUGH 10, BLOCK C, OF EASTFIELD ESTATES, PHASE 1; ON PROPERTY BELONGING TO E!kSTFIEL D DEVELOPMENT COMP;-1:Y, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C); AND DESIG14ATING THE BOUNDARIES OF THE ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) SO ESTABLISHED." was presented. A motion was made by Councilman 11illiams and seconded by Councilman Ma -, lone for the adoption of the ordinance. The notion carried: 5 ayes, 0 nays. Mayor Brunette informed the Council that the petition of the Hobbit Corporation for a change in zoning from a One - Family Dwelling District Flo. 2 to an Office District on Lot 18, City Block 296, located at 3365 Lamar Avenue had been withdrawn. Councilman Williams, speaking as chairman of the committee appointed to study sub- division regulation, advised that the committee had met and was continuing to study the regulations. The final plat of Overton Heights was presented to the Council. The Planning and Zoning Commission had recommended approval of the plat. Councilman Fisher entered the Council chambers and assumed his chair at the Council table. After review, a motion was made by Councilman Hilliams and seconded by Councilman Malone to approve the final plat of Overton Heights subject to the requirements set forth-by the director of Public Works. The motion carried: 6 ayes, 0 nays. City Attorney Haynes presented the following petitions for re- zoning: 0. L. Rainey et al, Lots 1",15, 16 and 17, Block 296, change from a One - Family Dwelling District to a General Retail District; R. B. Stovall Company, part of Lot 5, City Black 307, change from Commercial District to Public Lands and Institutions District; Don R. Smith and Robert L. Swaim, part of Lot 2, City Block 319, change from Agricultural District to Commercial District; Glenn Smallwood, Lot 1, Block 2221, change from Single Family Dwelling District No. 2 to Commercial District; Charles Greb, part of Lot 4, City Block - 258A, change from Single Family Dwelling District No. 2 to Multiple Family No. 2 Dis- trict. Mayor Brunette 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 Brunette announced that the next order of business would be consideration of recommendations made by the Traffic Commission. City Manager Sweatt advised that the Traffic Commission had voted to recommend approval of a Loading Zone near 262 94 1st Street. After discussion, a motion was made by Councilman Fisher and seconded by Councilman Elunsch authorizing the preparation of ordinance for presentation at a fu- ture Council meeting. The motion carried: E ayes, 0 nays. City Manager Sweatt advised that the Traffic Commission had recommended the placement of a 4 -way stop sign arrangement on Campbell and N1.1 7th Street. A motion was made by Councilman Wunsch and seconded by Councilman Williams authorizing the preparation of an ordinance for presentation at a future Council meeting. The motion carried: 6 ayes, 0 nays. Councilman Stone entered the Council chambers and assumed his chair at the Council table. Mayor Brunette called for a report from the committee appointed to study the final plat of the Tanglewood No. 8 Addition. Councilman Malone, chairman of the committee, re- ported that the committee recommended the approval of. the final plat of Tanglewood 1,11o. 43 Addition. A motion was made by Councilman P "alone and seconded by Councilman Fisher approving the final plat of Tangle.aocd 1110. 8 addition. The motion carried: 7 ayes, 0 nays. Mayor Brunette called for the report of the committee.appointed to study the request of -- Lamar County Water Supply District to adjust their supply of grater on P1 195 Station. Councilman Malone advised that the committee had met and had requested Lamar County Water Supply District beard members to meet with the committee for further study. A motion was made by Councilman Williams and seconded by Councilman Fisher to receive the report. The motion carried: 7 ayes, 0 nays. Mayor Brunette declared the public hearing open on the report of the Building Hazard Inspection Committee. Fire Marshall Steve Burgin appeared before.the Council to give the recommendations of the committee contained in the report. Mr. Burgin reported that the committee had recommended that the structure at 528 SE 5th Street be declared di- lapidated and be demolished. A motion was made by Councilman Fisher and seconded by Councilman Malone approving the recommendations. The motion carried: 7 ayes, 0 nays. Mr. Burgin stated that the committee recommended that the structure at 353 Graham Street be declared dilapidated and demolished. A motion was made by Councilman Wunsch and seconded by Councilman 14illiams approving the recommendation. The motion carried: 7 ayes, 0 nays. Mr. Burgin advised that the committee had recommended that the structure at 833 M14.3rd Street be declared dilapidated and demolished. '! motion was made by Councilman Wunsch and seconded by Councilman l.lilliams approving the recommendation. The motion carried: 7 ayes, 0 nays. Mr. Burgin reported to the Council that the structure at 770 'Vest Henderson Street which was reviewed by the committee had been torn down. Mr. Burgin advised that the recom- mendation of the committee on a structure at 780 1.4est Henderson Street be declared di- lapidated and authorized by the City to be demolished. n motion was made by Councilman Williams and seconded by Councilman Malone approving the recommendation. The motion carried: 7 ay6s, 0 nays. Mr. Burgin Stated that the committee recommended that the structure at 1434 blest Plum Street be declared dilapidated and authorized for demolition. A motion was made by Councilman Fisher and seconded by Councilman V1unsch to approve the recommendation. The motion carried: 7 ayes, 0 nays. Mr. Burgin advised that the recommendation of the committee for a structure at 1600 West Long Street was declared dilapidated and recommended that the Council authorize its demolishment. Mr. Burgin stated that the building had already been torn down: A motion was made by Councilman Wunsch and seconded by Councilman 14illiams approving the recommendation. The motion carried: 7 ayes, 0 nays. Mr. Burgin advised that the committee had recommended that a structure at. 640 HE 1st Street be declared dilapidated and recommended that authorization be given for demo - lishment. Mrs. Leo Smith appeared before the Council speaking in favor of the recom- mendation. A motion was made by Councilman 11illiams and seconded by Councilman Fisher approving the recommendation of the committee. The motion carried: 7 ayes, 0 nays. Fir. Burgin advised that the committee recommended that the structure at 753 ME 2nd Street be declared dilapidated and recommended that the Council authorize its demo- lishment. A motion was made by Councilman t4unsch and seconded by Councilman Fisher ap- proving the recommendation. The motion carried: 7 ayes, 0 nays. Mr. Burgin advised that the committee had recommended that the structure at 201 East Booth Street be declared dilapidated and recd- mmepdPd that the City authorize its d0m - lishment. Mr. Burgin advised that the owners had started demolishment, A motion was made by Councilman Fisher and seconded by Councilman 'Aunsch approving the recommendation. The motion carried: 7 ayes, 0 nays. Mr. Burgin advised that the committee had recommended that the structure at 528 Pine Bluff be declared dilapidated and the committee recommended to the City Council that it be demolished. Mr. Burgin advised that the structure had had fire damage and that the owner had started demolition; A motion was made by Councilman Wunsch and seconded by Councilman Williams approving the recommendation. The motion carried: 7 ayes, O nays. fir. Burgin advised that the.committee had recommended that the structure at 620 East Grove Street be declared dilapidated and recommended that the City authorize its demo - lishmeht. A motion was made by Councilman Williams and seconded by Councilman !4unsch approving the recommendation. ThP motion carried: 7 ayes, 0 nays. Mr. Burgin advised that the committee had recommended that the structures located at 711, 725, 739 and 741 ME 6th Street be declared dilapidated and recommended authorizing demolishment by the City. Mr. Burgin reported that the 4 structures were owned by one individual, Charlie Morgan, and that Mr. Morgan was considering.repairing structures at 711 and 725. Mr. Morgan had asked to report to the fire marshall by October 1, 1977 as to the feasibility of repairing; however as no progress was made by that date it was recommended the structure be declared dilapidated and authorized for demolition. A motion was made by Councilman Williams and seconded by Councilman Vunsch approving the recommendation of the committee, and authorizing the demolishment. The motion carried: 7 ayes, 0 nays. Mayor Brunette declared the public hearing closed on the report of the Building Hazard Inspection Committee and Ordinance No. 2357: "APB ORDINANCE CONTAINING A HE -IRING OP1 PROPERTIES LOCATED IN THE CITY OF PARIS, PARIS, TEXAS, BELOMGING TO VARIOUS OWMERS, AND AN ORDINANCE OF THE CITY COUNCIL FINNING THE MATERIALS REMAINING IN THE PREMISES TO CONSTITUTE A NUISANCE AND TO BE A FIRE HAZARD TO LIFE AND PROPERTY AND P HAZARD TO THE LIFE AND WELFARE OF THE INHABITANTS OF THE AREA, AND ORDERING SAID RUBBISH, LUMBER Aeln REFUSE FROM THE STRUCTURES TO BE TORN DOWN AND REMOVED FROM THE PREMISES, IN ORDER TO ABATE SUCH NUISANCE." was presented. A motion was made by Councilman 9unsch and seconded by Councilman Ma- lone for the adoption of the ordinance. The motion carried: 7 ayes, n nays. City Manager Sweatt recommended to the Council the execution of an employment agreement with the firm of J. T. Dunkin 8 Associates for the Downtown Study Project. Resolution No. 1830, authorizing the city manager to execute on behalf of the City of Paris a contract for the services of J. T. Dunkin & Associates, was presented. A motion was made by Councilman Wunsch and seconded by Councilman Fisher for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. `t �J RESOLUTION NO. 1830 WHEREAS, the Paris Downtown Development Association, Inc. ha.E requestecl the City of Paris to assist it in the revitalization of downtown Paris; and, WHEREAS, in Resolution No. 1805 a grant application was r-- authorized to further said project by hiring a firm to conduct a study of the downtown area; and, WHEREAS, J.' T. Dunkin & Associates appear to be profession- ally qualified to perform such study and should be engaged, upon the terms and conditions stated in the contract attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That J. T. Dunkin & Associates be engaged to render techni- cal and professional services described in Exhibit A attached hereto; and, BE IT FURTHER RESOLVED, That the City Manager of the City of Paris, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract for the above described services, upon the terms and conditions and in the form shown in Exhibit A attached hereto, with J. T. Dunkin & Associates. Passed and adopted this 10th day of October, 1977. Opt a ` es M. Brun tte, Mayor ATTEST: f y 1. C. Gree e, City Clerk APPROVED TO FORM: T. K. Iaynes, ity ttorney City flanager Sweatt presented a request from Johnny Exum for grater service in the "gray areall and recommended its approval. A motion was made by Councilman.14illiams and se- conded by Councilman 11alone for the approval of the request. The motion carried: 7 ayes, 0 nays. 6 City Manager Sweatt presented a request from'Mr, Earl Leonard for service outside the City limits. The city manager explained that Mr. Leonard is now receiving service but wishes to tie on to a 10" line with fir. Leonard paying the tap and boring cost, and the City waiving a dual charge on water service due to provisions contained in a sani- tary sewer easement granted by fir. Leonard in 1956. A motion was made by Councilman 141unsch and seconded by Councilman Williams authorizing the tap and waiver of dual charge. The motion carried: 7 ayes, 0 nays.l City Manager Sweatt presented a request for the placement of a mobile home at Lot 9, Block 4, Sperry's 1st Addition in the 500 block of WO 27th. Mr. Sweatt advised that one property owner within the 200 feet of the location requested was not in agreement, After discussion, a motion was made by Councilman Philley and seconded by Councilman Wunsch denying the request. The motion carried: .7.,.ayes, 0 nays.. --- City Manager Sweatt presented petitions for paving on an assessment basis for property: owners on NE 7th Street, Cherry-Street to Booth alley, petitions showing 62% of the property with 78% of the owners signing the petition; a petition from property owners: on Booth Place, HE 7th, E 156', the petition showing 83% of frontage and property owners; a petition frog property owners on Booth Alley -Nt 7th to NE 8th, the petition showing 82% frontage and 83% property owners. Mrs Betty Gaines appeared before the Council stating her agreement to pay the property o +i!ner share of the paving and encouraging the project on a paving, curb and gutter basis' City Manager Sweatt recommended that due to, :the complexity of the right -of -Way that the petitions be referred to the Engi- neering Department and Planning Department and those departments present recommenda- tions for proposed improvements together with an ordinance stating the City's: intention to assess A motion was made by Councilman ?Wunsch and seconded by Councilman Fisher approving the recommendation of the city manager; The motion carried: :7 ayes, 0 nays.. Because of the probability that some of the streets involved would be loss than stain dard width Whe6 paved} City Attorney Haynes questioned Mrs. Gaines if she would accept less than the standard street, firs. Gaines answered in the affirmative. City 'Tanager Sweatt presented a petition for paving of ME l7th,-.Blake Road to Clement Road, on an assessment basis, the petition shoiraing 57% of the frontage, signed by 71% of the property owners.-. City Manager Sweatt recommended that the petition be referred to the Engineering Department for study and authorized the preparation of an ordi- nance to be presented at the next regular Council meeting, declaring the intention to_'_ assess. Mr. Alec foods, 1250 NE 17th, appeared before the Council in behalf of the petitioners.:_ A motion was made by Councilman Williams and seconded by Councilman Fisher approving the recommendations of the city manager. The motion carried: 7 ayes, O nays. City Manager Sweatt presented a request for annexation from Jim �'aples and a portion of the Morningside Estates Addition. Ordinance i4o. 2358: "AN ORDINA14CE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS BEFORE THE PLANING AND ZONING COMMISSION OF THE CITY OF PARIS AND THE CITY COUNCIL OF THE CITY OF PARIS ON THE PROPOSED ANNEXA- TION OF CERTAIN PROPERTY BY THE CITY OF PARIS, PARIS, TEXAS, AND APPROPRIATE ZONING UPON ANNEXATION, AND AUTHORIZING AND DIRECTITIG THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS." was presented. A motion was made by Councilman Vunsch and seconded by Councilman 1')ii- liams for the adoption of the ordinance. The notion carried: 7 ayes, 0 nays Mayor Brunette called for the tabulation of bids received for the airport overlay pro- ject, and the following bids were presented: Lattimore Industries, Inc. 342,707.95 -- 1-1. A. ilcKensie Asphalt Co. 244,70.45 City 'Manager Sweatt recommended the bid of the 1.1. A. McKensie Asphalt Co. be approved conditioned on approval by the FAA and the Texas Aeronautics Commission. Resolution No. 1831, authorizing the city manager to execute on behalf of the City of Paris a contract with the ► -'. A, McKensie Asphalt Co., for the overlay work at Cox Field, was presented. A motion was made by Council:, ;:A Wunsch and seconded by Councilman 1 4il liams for the adoption of the resolution. The notion carried: 7 ayes, n nays. 47 RESOLUTION NO. 1831 WHEREAS, the City Council of the City of Paris, did at its regular meeting on the 12th day of September, 1.977, approve the advertisement for bids for furnishing the construction of asphalt overlay of the Cox Field North-South Runway (6000' x 150') and other related work, dated August, 1977, which bids were received until 10:00 o'clock A. M., Wednesday, October 5, 1977; and, WHEREAS, the best bid for such construction was made by W. A. McKenzie Asphalt Company, Commerce, Texas, and it should be awarded the contract for such construction work; and, WHEREAS, the form of contract to furnish such .construction work is on file in the Office of the City Clerk of the City of Paris, Paris, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TI-E CITY OF PARIS, That the bid of W. A. McKenzie Asphalt Company for furnishing the construction of asphalt overlay of the Cox. Field North-South Runway and other related work, within 75 calendar days, in the amount of $244, 747. 45, 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, Kerry R. Sweatt, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, a contract for the above described work, upon the terms and conditions and in the form on file in the official records of the City of Paris, Office of the City Clerk, Paris, Texas, entitled Specifications and Contract Documents for the Construction of Cox Field Airport, N -S Runway Overlay, FAA Project No. 6- 48- 0169 -03 and. 6 -48- 0169 -04, dated August, 1977, with W. A. McKenzie Asphalt Company. Passed and adopted this 10th day of October, 1977. Ja es M. Brunette, Mayor ATTEST: H. C: Greene, City Clerk APPROVED AS O FORM: T. K. Haynes, City ttorney`4� 1 4 6 Mayor Brunette called for bids received for a compactor for the Sanitary Landfill and the following bids were.presented: Base Fire Supp, Locking Air nays Tot?1 astem Jystem Condition Waukesha Pearce 66,950 1,850 300 1,850 60 70,950 Darr Equip. Co. 73,345 935 - 3,371 - 74,701 Geo. P. Bane 63,395 975 85 1,530 - 65,935 ` Plains Mach. Co. 65,381 Inc]. Incl. Incl. 10 65,381 Conley -Lott- Nichols Coach. Co. 63,255 1,235 - 1,287 45 65,777 City Manager Sweatt recommended that the bid of the George Bane Co. be approved as to the best and lowest bid. Representatives of the various companies submitting bids appeared before the Council: Jim Smith - Drrr Equipment Co., T. B. 1.4hitaker - George Bane Co., A. R. King - Waukesha Pearce and Harold ?Murphy - Waukesha Pearce, Councilman Malone and Councilman Wunsch voiced their recommendations for the purchase of quality. A motion was made by Councilman Malone and seconded by Councilman 14unsch,to accept the bid of the Darr Equipment Co. for caterpillar equipment in the amount of $74,701,03 including options. A poll of the Council showed 4 ayes, 2 nays, Councilman Fisher and Councilman 'Williams voting nay. Mayor Brunette called for bids received for air conditioning and heating equipment at Cox Field, and the following bids were presented: Preferred Air Conditioning 4,094.00 - 45 days Weiler Air Conditioning Co." 5,670.00 - 60 days Paris Air Conditioning Co. 4,274.00 - - City Manager Sweatt recommended that all bids be rejected. A motion was made by Coun- cilman Malone and seconded by Councilman t un—s^'? approving the recommendation of the City manager. The motion carried!: 7 ayes, nays. Mayor °Brunette called for the tabulation of bids received for firing range overlay and bids for tennis court and play court overlays, and the following bids were received: Overlay - Park Courts .Asphalt Overlay - Firing Range David Buster Const. Co. - 5,148.10 David Buster fonst: Co. - 3,850.00 City Manager Sweatt recommended that since only one bid was received which far ex- ceeded funding that_the bid be rejected and the projects be re- advertised for bids next spring. A motion wis made by Councilman 14unsch and seconded by Councilman Williams approving the recommendation of the city manager. The motion carried: 7 ayes, 0 nays. City Manager Sweatt requested authorization to advertise for bids for automotive equip- ment for the fire and police departments as contained. in the 1977 -78 budget, such bids to be received November 9, 1977, tabulated and presented to the Council at its regular November meeting. A motion was made by Councilman Wunsch and seconded by Councilman Williams approving the request. The motion carried: 7 ayes, 0 nays. City Manager Sweatt presented a request from the Senior Citizens for renewal of a lease at the Senior Citizen Center on !lest Kaufman and recommended its approval. Resolution Ho. 1832, authorizing the mayor to execute a lease on behalf of the City of Paris with the Senior Citizens Council of Paris and Lamar County, Texas, Inc., was pre- sented. A motion was made by Councilman Malone and seconded by Councilman Stone for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. 49 RESOLUTION NO. 1832 WHEREAS, the City Council of the City of Paris, in cooperat- ing with and supporting the Senior Citizens Council of Paris and Lamar County, Texas, Inc., did heretofore in Resolution No. 1716 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, 1977, 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 TIE CITY OF PARIS, That the Mayor of the City of Paris, James M. Brunette, 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 10th day of October, 1977. ATTEST: `. H. C. `Gr ene, City Clerk APPROVED A TO FORM T. K. H nes, City Attorney LEASE AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: /`v-\ t� T-� tyT !\T? T T R `(e iS ` k.)UNT i %-1J-' LlAINA R j( - 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 referred to as Lessee, - WITNESSETH: For and in consideration of the payment to the CITY OF PARIS, - a municipal, corporation, the sum of ONE AND NO /1.00 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, 1977 and ending on the 30th day of .November, 1979. 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 harmless 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 EXHIBIT A 51 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, li censees or visitors due to the building or any other condition of the premises being improperly constructed, maintained or being or be- coming 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 term of this agreement, and any extensions thereof, keep and main- tain in full force and effect a policy or policies of insurance, pro- viding at least .$100,000.00 per person and $300,0010.00 for any single occurrence for bodily injury or death and $10, 000: 00 for any single occurrence for injury to or desetruction of property, indemni- fying all persons. for any and all damages, personal injuries or pro- perty damages sustained in or upon the premises of said leased _ property, or any part thereof, as the result of the .negligence of Lessee; its members, invitees, agents, servants, .or employees, and shall pay all premiums due thereon when dues It is expressly pro-- _ vided 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, 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 a non-- interfering basis with the Senior Citizens Council . of Paris and Lamar County, Texas, Inc. 's program. 6. That Lessor shall have the right and privilege 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 shall 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 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 reenter the leased premises and remove all persons, property and effects therefrom, all and every _ claim for damages for or by reason of said reentry being expressly waived. V 8. All notices provided for . herein must be made by regis- tered or certified mail, return receipt requested. STATE OF TEXAS � COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared JAMES M. BRUNETTE, 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 October, 1977. Notary Public, Lamar County, Texas STATE OF TEXAS COUNTY OF LAMAR . BEFORE ME, the undersigned authority, on this day personally appeared: PAUL H. DANIELS, President of the Senior Citizens Council of Paris and Lamar County, Texas, Inc. 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 October, 1977. Notary Public, Lamar County, Texas 1 rt ' `:?.t. p. 75 X8.7 fit GI h �e 4 ? c) BLOCK - NO. 4 5—A ti 4� t to 37—�� - 206. -- ST • ^ Or 40' 55 t0[ 57 ;c`" 75 230 .7O• to +i/yr• - _ - _ f rte', -,. - !!.•...y��_�� � icy '�- `} ` sa^ `/a^jb• J 1 - • i RLaGE{ N 205 AF L AS E to- ,�` 230' ' to rt ' `:?.t. p. 75 X8.7 fit GI h �e 4 ? c) BLOCK - NO. 4 5—A ti tc 58 6U Ili h 6 ? c) - 4� t to 37—�� - 206. -- w I /fi • i1 F Mayor Brunette announced that the Council would go into executive session for consulta- tion with the city attorney. City Attorney Haynes advised the Council that negotia- tions with Mr. Leighton Cornett, attorney for Fir. and Mrs. Norman Sharber, 830 SL 33rd, had failed. Mayor Brunette declared the executive session closed and the regular session open. Mr. Gary Cunningham appeared before the Council, speaking for the need of a revision of the extension policy in the Water and Sekler Department. There being no further business, the meeting adjourned. MAYOR JAIIIES M.. BRWIETTE ATTEST: H. C. Greene, City Clerk 57 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL November 14, 1977 The regular meeting of the City Council was held on November 14, 1977 at 7:00 P. M. Mayor James 14. Brunette called the meeting to order with the following Councilmen present: George Fisher, Jr., Michael Malone, David Philley, Jir y Don Stone, halter F. Williams and Raymond t-Junsch. Also present were City Manager K. R. Sweatt, City At- torney T. K. Haynes, and City Clerk H. C. Greene. Prayer was offered by Reverend William Aliwardt, Grace Lutheran Church. Mayor Brunette asked if there were any additions-or corrections to minutes of previous meetings. as furnished the members of the Council. There being none, the minutes were approved.. Mayor Brunette announced that the first order of business would be consideration of recommendations made by the Planning and Zoning Commission. Mayor Brunette declared the public hearing open on the petition of n. L. Rainey et al for a change in zoning from a One- Family Dwelling District No. 2 to a General Retail District on Lots 14, 15, 15 and 17, City Block 296. City :Attorney Haynes advised the Council that Mr. Don McLaughlin, Attorney, requested in behalf of the petitioners that the petition be withdrawn. No one appeared for or against the petition, and Mayor Brunette declared the public hearing closed and the petition officially withdrawn. Mayor Brunette declared the public hearing open on the petition of D. R. Smith and R. L. Swaim for a change in zoning from an Agricultural District to Commercial District on part of Lot 2, City Block 319. Mayor Brunette called for proponents to appear, and Mr. Nathan Bell appeared in behalf of the petitioners, stating that the petitioners felt that it was time to develop the area, and no specific buyer or proposed use was made at this time. Mayor Brunette called for opponents to appear, and none appeared. Mayor Brunette declared the public hearing closed, and Ordinance No. 2359: "AN ORDINANCE AMENDING ZONING ORVIIIANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, ATID CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A CO!,41MERCIAL DISTRICT (C) ON A PART OF LOT 2, CITY BLOCK 31Q, ON PROPERTY BELONGING TO DON R. SMITH AND ROBERT L. S'WAIM, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED." was presented. A motion was made by Councilman Wunsch and seconded by Councilman Fisher for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. flayor Brunette declared the public hearing open on the petition of R. B. Stovall Co. for a change in zoning from a Commercial District (C) to a Public Lands and Institu- tional District on part of Lot 5, City Block 307. Mayor Brunette called for proponents to appear, and 'Mr. Nathan Bell appeared in behalf of the petitioners, stating that there was a Structure for use by the Department of Public Safety proposed for the property. Mayor Brunette called-for opponents to appear, and none appeared. The public hearing,was declared closed, and Ordinance Alo. 2360: "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING TNf POUmnARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PUBLIC LANDS AND INSTITUTION DIS- TRICT (PLI) ON A PART OF LOT 5, CITY BLOCK 3070 OM PROPERTY BELONGING TO R B STOVALL CO., SO AS TO INCLUDE THEREIII' TERRITORY FORMERLY DESI1NAi`ED AS A COW1ERCI "L DISTRICT (C); AND DESIGNATING THE Bn'Il- DARIES OF THE PUBLIC LANDS AND INSTITUTION DISTRICT (PLI) SO ESTAB- LISHED." was presented. A motion was made by Councilman Williams and seconded by Councilman Fisher for the adoption of the ordinance, The motion carried: 7 ayes, 0 nays. Mayor Brunette called the public hearing open on the petition of Glenn Smallwood to change the zoning from a One - Family Dwelling District No. 2 to a Commercial District (C) on Lot 1, City Block 222A. No one appeared for or against the petition, and the public hearing was declared closed. Ordinance Flo. 2361: "AN ORDINANCE AP'ENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOU11DARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A CT1MERCIAL DISTRICT (C) ON LOT 1, CITY BLOCK 222A, ON PROPERTY BELONGIMG TO GLENN A. SPI:^,,LLWOOD, SO AS TO INCLUDE THEREIN TERRITORY FORg'ERLY DESIGNATED AS AONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2); AND DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLIskn.,, was presented. A motion was made by Councilman Williams and seconded by Councilman Wunsch for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. :Mayor Brunette declared the public hearing open on the petition of Charles Greb for a change in zoning from a One- Family Dwelling District T1c. 2 (SF -2) to a flulti- Family Dwelling District No. 2 on part of Lot 4, City Block 253!!. No one appeared for or against the petition, and Mayor Brunette declared the public hearing closed. An ordinance was presence& approving the zoning change. Prior to the question, Mr. Don Wilson, Chairman of the Board of the First Christian Church, appeared, stating that his church was in favor of the Greb proposed construc- tion, and that during the construction of the church some years ago, there was ques- tion as to the extension of Tudor Street and Mr. Uilson stated that his church did not want Tudor Street extended east from 20th Street N. E. Councilman Malone questioned fire protection for the proposed structure which was re- ported to the Planning and Zoning Commission to be a 34 -unit apartment, designed spe- cifically for the elderly and would be in conjunction with the Cherry Street Manor Nursing Nome facility presently on the adjacent property. Mr. Don Wilson stated to the Council that fire equipment would have cooperation of the church for access to the proposed apartments. After discussion, a motion was made by Councilman Philley and seconded by Councilman Williams to refer the petition back to the Planning and Zoning. Commission for further study. The motion carried: 7 ayes, 0 nays. Mayor Brunette declared the public hearing open on the proposition to annex and p3ace appropriate zoning on 2 tracts of land, being Tract 1 - 2.24 acres, located on 42nd Street S. E. at Dawn Drive and Tract 2 - 1.06 acres, located on the east side of North Main Street, north of Stone Avenue. The Planning and Zoning Commission had voted to recommend annexation and zoning of Tract 1 as SF -2 and Tract 2 as Commercial. No one appeared for or against the annexation. City Manager Sweatt advised that two meetings would be required for annexation proce- dures, and recommended November 28 and Decamber 30, 1977 at 7:00 P. M. for the intro- duction and final passage of the annexation ordinance. A motion was made by Councilman Fisher and seconded by Councilman Malone approving the recommendation of the city mana- ger. The motion carried: 7 ayes, 0 nays. _ The final plat of Audubon Estates - Phase 1 eras presented for approval. `Mr. A. W. Clem, Attorney, appeared before the Council, requesting waiver of curb and gutter, stating that the developers of the Audubon Estates desired 36th Street S. E. to re- main a %country lane effect as well as to maintain the beauty of the wooded area. Mr. :Clem presented a petition from other property owners in the area requesting the waiver. After discussion a motion was made by Councilman Malone and seconded by Councilman Philley approving the final plat with the provision to deposit with the City suffi- d ent funds for the construction of curb and gutter. The motion carried: 7 ayes, 0 nays. The final plat of Winchester Estates was presented to the Council for final approval. City Manager Sweatt advised that among other things, the Director of Public Works made exceptions to the final plat that a 15 -foot easement on the north side of the sub -divi- sion be provided rather tha a 10 -foot easement as shown on the plat, a requirement of Texas Power & Light Company. Mr. Bobby Whitaker, developer of the property, appeared before the Council, stating that the objection of Texas Power A Light Company was because trees had not been trimmed, but reported to the Council that at this time the trees had been trimmed and requested that the easement remain at 10 feet. V City Manager Sweatt recommended that the 1D -foot easement be approved if it can be re- solved with the Texas Power & Light Company. After discussion, a motion was made by Councilman Wunsch and seconded by Councilman Malone to approve the final plat, subject to the 15 -foot easement unless resolved with Texas Power & Light Company for a 10 foot easement. The motion carried: 7 ayes, 0 nays. City l�ttorney Haynes presented the following petitions for re- zoning: Russell �. Gif- ford,`l.'ot 2, City Block 340, from Agricultural District to Commercial; Terry D. Shannon, Lot 8, City Block 296, from Residential District (SF -2) to Office District. W 59 Mayor Brunette referred the petitions to the Planning and Zoning Commission for their study and recommendation and called for a public hearing at the next regular Council meeting. Mayor Brunette announced that the next order of business would be.consideration of recommendations made by the Traffic Commission. On the recommendation of the Traffic Commission, a motion was made by Councilman Williams and seconded by Councilman Wunsci to authorize the preparation of an ordinance replacing the Stop Sign at the northwest corner of Clarksville Street and Collegiate Drive with a Yield Sign. The motion `- carried: 7 ayes, 0 nays. On the recommendation of the Traffic Commission to establish a 35 mile per hour speed limit on 33rd Street S. E. between Lamar Av,-ate and Clarksville Street, a motion was rude by Councilman Fisher and seconded by Councilman Wunsch authorizing the prepara- tion of an ordinance accomplishing same. The motion carried: 7 ayes, 0 nays. Mayor Brunette called for a report from the committee regarding the request of the Lamar County dater Supply Corporation for contract modification. Councilman Malone advised the Council that the committee recommended to allow the increase at the north- east point supplied by the City to the Lamar County at Fed 195 and Hickory Street by 100 Gallons per minute, with reduction by 70 gallons per minute to the west point and reduction by 30 gallons per minute to the south point and to provide for a similar raw cost modification formula as was adopted in the water rate revision to the City of Paris customers on a quarterly basis to Lamar County slater Supply District. lifter discussion, a motion was made by Councilman Wunsch and seconded by Councilman Fisher authorizing the amendment.to the contract reflecting the committee's recommendation. The motion-carried: 7 ayes, 0 nays. Councilman Stone, acting as chairman of the committee appointed to study the Reno sewer request, stated that the committee was continuing its study. Councilman Williams, speaking in behalf of the committee appointed to study subdivi- sion regulation revisions, stated that his committee was continuing to study. Mayor Brunette called for the reading of the ordinance previously authorized to estab- lish a Loading Zone near 262 SW lst Street, and Ordinance Mo. 2362: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY PEVISI!-,iG THE TRAFFIC PARKING MAP ADOPTED IN PARAGRAPH (b) OF SECTION 29 -112 OF SAID CODE; PROVIDING FOR A PEN%TY NOT TO EXCEED $200.00; REPEALING ALL -ORDI %LANCES OR PARTS OF ORDINANCES IN CONFLICT HERE - WITH, AND PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 1, 1977." was presented. n motion was made by Councilman Ounsch and seconded by Councilman Williams for the adoption of the ordinance. The motion carried: 7-ayes, 0 nays. Mayor Brunette called for the reading of a previously authorized ordinance establishing a 4 -14ay Stop at Fitzhugh Avenue and Clement Road. Ordinance No. 2363: "AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDIiJINCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING THE TRAFFIC - CONTROL DEVICE MAP ADOPTED IN PARAGRAPH (b) OF SECTION 29 -80 OF SAND CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF.OnDI- NANCES SIN CONFLICT HEREWITH; AND P "OVIDING FOR AN EFFECTIVE DATE OF DECEMBER 1, 1977." i 61 was presented. A motion was made by Councilman Nilliams and seconded by Councilman Philley for the adoption of the ordinance. The motion carried: 6 ayes, 1 nay, Coun- cilman Malone voting nay. City Manager Sweatt advised the Council that the paving petitions for 7th H. E., Booth Place and Booth Alley as well as 17th Street N. E. were in the Planning and Engineering Departments, those departments studying a manner to accomplish the requested improve- ments within the limited right -of -way and to develop information as to the design for curb and gutter placement on 17th Street H. E. Mayor Brunette called for tabulation of bids fer heating and air conditioning equipment for the Cox Field terminal and the following bids were presented: Days Amount Paris Air Conditioning 20 Ae,274.00 Preferred Air Conditioning of Paris 60 4,025.00 City Manager Sweatt recommended that the bid of the Preferred Air Conditioning of Paris, Inc. be approved in the amount of $4,025.00. Resolution No. 1833, authorizing City Manager Sweatt to execute a contract with the Preferred Air Conditioning of Paris, Inc. for furnishing and installation of two heating and air conditioning units at Cox Field terminal building, was presented. A motion was made by Councilman Wunsch and seconded by Councilman Williams for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. V RESOLUTION NO. 1833 WHEREAS, the City Council of the City of Paris, did at its regular meeting on the 10th day of October, 1977, approve the advertisement for bids for the furnishing and installation of two (2) Heating and Air Conditioning Units at the Cox Field Airport Terminal.Building, in accordance with detailed specifications dated November, 1977, which bids were received until 10:00 o'clock A. M. Wednesday, November 9, 1977; and, WHEREAS, the best bid for such equipment 'was made by Preferred Air Conditioning of Paris, Inc., and it should be awarded the contract for furnishing and installation of such equipment; and., WHEREAS, the form of contract to furnish and install such equipment is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the bid of Preferred Air Conditioning of Paris, Inc. , for the furnishing and installation of two (2) Heating "and Air Conditioning Units at the Cox Field Airport _Terminal Building, within 60 calendar days, in the amount of $4, 025.00 is hereby accepted and let, conditioned upon said contractor meeting all of the terms and conditions included in the bid documents; and, BE IT FURTHER RESOLVED, That the City Manager of the City of Paris, Kerry R. Sweatt, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the contract with Preferred Air Conditioning of Paris, Inc. for the -furnishing and installation of two (2) Heating and Air Conditioning Units at the Cox Field Airport Terminal Building, upon the terms and con- ditions and in the form shown in Exhibit A attached hereto. Passed and adopted this 1.4th day of November, 1977. m e M. u tre, Mayor ATTEST: 1-1. C:- Gre he, City Clerk AP P ROV TO FORM: T. K. Iayne City Attorney PURCHASE CONTRACT ESTATE OF TEXAS COUNTY- OF MAIM . 14th November This Agreement made and. entered into this _ day -of - .1.9 77. , by and between the City of Paris, a municipal corporation, of the State of Texas hereinafter called purchaser, and Preferred. Air Conditioning of Paris, Inc. s hereinafter called seller.. Witnesseth: 'That the parties hereto, in tonsideratiori of the covenants and . agreements hereinafter. contained to- be kept and performed by the. respective parties, do hereby agree as fol l oWs : _ l : Seller er agrees to sell' to purchaser. and to :furnish and deliver for the Cox .Field Airport City of Paris , f . o . b . , Faris , :Texas .the' _. fol l owi ng: Two (2) Heatingr and Air Conditioni__n -t Tn_i �- - in�accordance t)ith Detailed Specifications and Bid Fvrm for the furnirshing and delivery of T .0. (2) Heating and Air Conditioning Units to Cox" Field Airport _ Terminal But . tng an insta. ation o the same, within 60 calendar days for the City of Paris 04R� snkxcc Munici Dal Air Dort "Cox i d 25. 00 dated. "November . 19 77 - > at and for the consideration of 40 , - 2. Seller agrees to furnish. and deliver the'heretofore "stated.item(s) i.n accordance with the provisions of the Detailed Specifications and Bid Form attached hereto and made 6. part hereof,. and to. perform the installation of :the same 3. .It " is understood that the fol loth ng documerr�s , to-wit: Noti c€� to Bidders,,,'-.. - Detailed 'Specifications and Bid Form, copies of �rhich are hereto attached, are hereby made a part of this con tract, and each of-the parties hereto agree to = .. carry out. -and perform each and all of the provisions of this contract and of ehe documents incorporated herein and made-a part hereof upon his or its part to be performed. Originals of said documents are filed in the Office of the City. Cl er {: of tine City of Paris. - .: .. � :. - .: - •` 4, 025.--00- ' _ upon •� 4. Purchaser "agrees to' pay to seller .the sum of . $ _ P final .acceptance by the purchaser of the-item(s) in specified n Paragraph I above. IN WITNESS WHEREOF, the parties to these presents have_ executed this Agreement in the year and day first- above written. CITY OF PARIS " PREFERRED AIR CONDITIONING OF PAR 1S) II _ PURCHASER t_LER --� By BY: berry R. Sweatt,. City Manager Robert J. Reed, President ATTEST: ATTEST: - . C. Greene, City. Clerk Se cretary ' EXHIBIT A 6 FJ S fA'rE OF TEXAS _ COUNTY Of LAMAR BEFORE ME; the u6dersigned authority, on this day personally appeared KERRY R SWEATY, City Manager- of the City. of Paris knuvin to me to be the persoTi whose dame is subscribed to the F ruinen-t, and acknowledged to me that he executed the same for 'the purposes and consideration therein eypressed, and in the capacity therein stated. 7. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this v _ day of = - NoveriTber 19 77 • - Notary Pub ?ic, Lamar County;.Texas STATE OF TEXAS - coItNTY OF LAMAR - 6EFORE ME the unders'i fined authority; on 'thl s day personally appeared ROBERT .. REED, President of Peferred Air Conditioning 6 arls, hic. art _�t knolvfn to me to be the person whose name is subscr'i bed to the foregoing instrument, and acknowl edged to me that. _ -- he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated-1. GIVEN UNDER MY HAND AND SEAL. OF OFFICE, this 'day of November 19 77 ' - Notary Public, amar . County, Texas . NOTICE TO BIDDERS The City of Paris will receive sealed bids at the office of City Manager, P. O. Box 1037, Paris, Texas for the furnishing and installation of two (2) Heating and air Conditioning Units. at Cox* Field airport Ternd nal Building. Bids will be received until 10:00 A.M., Arednesday, November 9, 1977, at which time bids will be opened, tabulated and -referred to the City Council for their consideration at the meeting at 7:00 P.M., Monday, November 14, 2977. Bidders are requested to use attached bid forms to submit. .bids on this_ mattes. ' Specifications describing equipment upon which bids will be received are attached hereto. Detailed information of product model and type should be included with. bid proposal. Bidders are expected to familiarize themselves with the building in which the heating and air conditioning will be installed. Bidders should contact - Horace Shires, Building Inspector, 785 -7511, for an inspection tour of the building. The City of Paris reserves the right to reject any or all bids, to waive any informality in bidding and to award as may be advantageous to the City. Kerry R. Sweatt, City -Manager J SPECIFICATIONS FOR THE FURNISHING AND INSTALLATION OF HEATING AND AIR--CONDITIONING - EQUIPMENT - COX FIELD AIRPORT TERMINAL BUILDING The City of Paris proposes to replace the present heating and air - conditioning system for the airport terminal building with two (2) separate units as per the following:. 1. Cooling: Each unit shall have a 3 phase, 24.0 volt condensing element capable of producing 57,000 BTU based on ARI Rating @ 95 degrees- outside, .dry bulb; Indoor @ 78.degrees dry bulb and 65 degrees wet bulb. -2. Heating: Each unit shall have a 25 K14 (2 stage) electric resistance - heating element wired for 240 V, 3 phase electric characteristics. 3. Blower: Blower element shall -'be designed for not less than 2000 -CFM 4. Contractor shall furnish and install as per manufacturers recommendations., .Suction and liquid refrigerant lines from indoor evaporator to roof mounted condensing units. Suction lines shall be insulated with no less than 2" -thick foam rubber. .5. Contractor shall provide and install, for each system, a two stage heating and single stage cooling thermostat. The cooling module shall energize roof .mounted condensing unit and blower motor. The heating module shall energize. 15 KW first stage and 10 K14 second- stage .for each unit. 6. Contractor is expected to provide all electrical work required for the installation of the two systems. 7. Contractor is to use existing duct'-work for'the distribution of conditioned air from the new units. ,Old heating and air conditioning units are to'be . removed and become the property of the contractor.. Contractor shall seal off all duct work not necessary to the new system. 8. System installed shall be warranted for a period of not less than one'(1) Year from date of'acceptance and in addition to the one year warranty, manu- facturer shall warrant compressor motor only for an additional four (4) years.. 9. Warranty Certificates_ shall be submitted to the City by the Contractor. 10. Efficiency Rating: System shall have a minimum EER rating of 7.0. 67 s BID FORM TO MAYOR AND CITY COUNCIL FAMI'l: PREFE R 1,; --A X rmrQNrrTr - -, OF PARYS, xNC . Name and Address of Bidder.. .136)0 N. rtai n, -Sn.j t e n Paris, Texas 75460 (X) (Ile) hereby offer to furnish and install two (2) heating and air condit- ioning units in the Cox Field Airport Terminal -Building meeting your specif- ications, except as noted below, for the consideration stated herein: (Describe any deviation from the prepared.specifications.) 3. 5, (Use reverse side for further listing.) Said units to be furnished and installed within 6_0 (complete) calendar Q days with all equipment as per the City of Paris Specifications. BID PRICE for furnishing and installation of two (2) heating and air conditioning units as er s ecificati.ons. $4,025,00 this _q_ day of NnjPmhe r , 1977. Signature and Title of "Person Su'Umi.tting Bid INSTRUCTIONS TO BIDDERS: Place completed bid in envelope, together with descriptive material of product model and type, seal envelope, mark envelope outside, "Bid on Heating and Air Conditioning, Cox Field Airport Terminal Building ", City of Paris, Paris, Texas, Bid Date 10:00 A.M., November 9, 1977, and cause envelope to be delivered to the office of City Manager, City of Paris, Texas, no later-lban 10:00 A.M., November 9, 1977. Mayor Brunette called for the tabulation of bids for automotive equipment and the following bids were presented: Glass Motors Ho Bid 4 Autonobiles - Police Department , Delivery Unit 4 Autos. Trade -In - .filet Lowry Chev. 90 Days 5,750.00 29,000.00 7,200.Q0 15,800.00 Bill Booth t4trs.60 -90 gays 5,361.35 21,445.50 4,645,56 16,800.00 McDougall Olds 40 Days 7,024.95 28,099.80 13,904.28 14,195.52 Glass Motors No Bid Kosterman Motors 4 -6 elks 6,154.00 24,616.00 10,236.92 14,379.08 1 Automobile - Fire Department Bill Booth 5,340.83 940.83 4,400.00 Lowry Chev. 90 Jays 4,825.CO 450.00 4,375.00 Kosterman Mtrs. 4 -6 Wks 5,866.00 1,35&1.76 4,511.24 Glass Motors Ho Bid r^ • r City Manager Sweatt recommended that the bid of the Lowry Chevrolet Co. be approved for the furnishing of one automobile for the Fire Department and that the bid of McDougall Oldsmobile be approved for the furnishing of 4 automobiles for the Police Department. A motion was made by Councilman Fisher and seconded by Councilman Williams approving the recommendation of the city manager. The motion carried: 7 ayes, 0 nays. City Manager Sweatt presented a letter from the Lamar County Chamber of Commerce for renewal of the promotion and advertisement contract and recommended that the contract be renewed for a two year period. After discussion, a motion was made by Councilman Williams and seconded by Councilman Malone authorizing the preparation of a contract with the Lamar County Chamber of Commerce. The motion carried: 7 ayes, 0 nays. On the request of sir. Bill Gifford for renv•: l of a lease for the property on which a miniature golf course at Culbertson Park exists and fir. Gifford being unable to at- tend the meeting, a motion was made by Councilman 4lunsch and seconded by Councilman Fisher to table the request. The motion carried: 7 ayes, 0 nays. City Manager Sweatt recommended to the Council that the firm of Lockwood, Andrews & Newnam, Inc. of Dallas be employed for consulting engineering services on the drainage outfall project. After discussion, a motion was made by Councilman Williams and se- conded by Councilman Fisher concurring with the city manager's recommendation. Mayor Brunette called for a poll of the Council which showed 4 ayes,-3 nays, Councilman Philley, Councilman Stone and Councilman Malone voting nay. City Manager Sweatt recommended to the Council that the engineering firm of Shimek, Jacobs & Finklea be employed for consulting engineer services on the Blake Road pro- ject. A motion was made by Councilman Williams and seconded by Councilman Fisher con- curring with the city manager's recommendation. Mayor Brunette called for a poll of the Council which showed 4 ayes, 3 nays, Councilman Philley, Councilman Stone and Councilman Malone voting nay. City Manager Sweatt presented paving plans developed by the Texas_. Department of High- ways and Public Transportation for improvements on Loop 286 Northwest and stated that the department had requested the city's approval of the plans as part of the Urban Systems Project. A motion was made by Councilman Wunsch and seconded by Councilman Williams approving the plans. The motion carried: 7 ayes, 0 nays. City Manager Sweatt requested authorization to advertise for bids for the purchase of two dump trucks and four pickup trucks as provided in the 1977 -78 budget. A motion was made by Councilman Wunsch and seconded by Councilman Williams approving the re- quest. The motion carried: 7 ayes, 0 nays. City Manager Sweatt stated that he had received a request to place on the agenda for discussion a code provision to prohibit re- submission of zoning change applications in which application for change has been denied previously. In discussion, Councilman Wunsch suggested that a one year waiting period be established. After further dis- cussion, a motion was made by Councilman Hfunsch to establish a 6 -month waiting period before a petition for change in zoning could be submitted. The motion was seconded.by Councilman Malone. The vote showed 3 ayes, 4 nays, thus the motion failed. City Manager Sweatt advised that he had been requested to place on the agenda for dis- cussion a provision to provide zoning change notification by certified mail, return receipt requested, and a revision to charges for filing application for zoning change. After discussion, a motion was made by Councilman 141unsch and seconded by Councilman Fisher authorizing certified mail, return receipt requested and a revision to $65.00 -7 0 for filing fee for re- zoning application, The vote showed 3 ayes, 4 nays, Councilman Williams. Councilman Philley, Councilman Stone and Mayor Brunette voting nay, and the motion failed. Councilman Vlunsch made a motion, seconded by Councilman Williams authorizing the pre- paration of an ordinance setting the filing fee for zoning application at $50.00. The motion carried: 7 ayes, 0 nays. City Manager Sweatt advised the Council that the Industrial Foundation had requested ,;hat the City of Paris join with Lamar County in the construction of a road into the industrial property off of 19th Street N. 41. and stated that the County had agreed to provide the grading and base material if the City would provide surfacing for a road- way approximately 35 feet in width and approximately 1090 feet long from 19th N. W1. westward. City Manager Sweatt stated that he understood that an agreement existed, made a number of years ago, agreeing to jointly construct the road on industrial pro- perty by the County and City. After discussion, a motion was made by Councilman Wunsch and seconded by Councilman Williams approving the joint construction of the road into the industrial area. The motion carried: 5 ayes, 1 nay, Councilman lialone voting nay. City Manager Sweatt requested the Council to agree to the employment of the R. E. Harrington, Inc. firm as a management service to review unemployment compensation claims. City Manager Sweatt advised that the City would come under the Unemployment Compensa- tion Act on January 1, 1978. After discussion, a motion was made by Councilman Stone approving the request of the manager. The motion died for lack of a second. City Manager Sweatt presented the Annual Audit for the fiscal year ending June 30, 197` to the City Council. City Manager Sweatt requested authorization to apply to the Corps of Engineers for use of storage space No. 2 at Pat Mayse Dam and Reservoir. A motion was made by Councilman Wunsch and seconded by Councilman Williams approving the request. The motion carried: 7 ayes, 0 nays. Resolution No. 1834, authorizing the city manager to execute an amendment to the Grant Agreement with the FAA expanding the runway overlay project from 4500 x 150 feet to 6000 x 150 feet, was presented. A motion was made by Councilman !lunsch and seconded by Councilman Fisher for the adoption of the resolution. The motion carried:? ayes, 0 nays. B 4 RESOLUTION NO. 1834 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 1770 accept FAA Grant Offer, in the amount of $154, 659. 00, which became Project No. 6 48 - 0169 -03, which provided for Phase I of "Overlay and Mark Old Portion of Runway 17 -35 (4500' x 150') "; and, WHEREAS, funding is available to expand such project to in- clude the entire length of Runway 17 -35 (6000' x 150'), and it is to the best interest of the City of Paris- to expand such project by approving Amendment No. I to Grant Agreement for such project, in the form attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City of Paris does hereby accept -the provisions of Amendment No. I to Grant Agreement for Project No. 6-48-0169-03, a copy of which is attached hereto as Exhibit- A and incorporated herein for all purposes. BE IT FURTHER RESOLVED, That the City Manager, Kerry R. Sweatt, be, and he is hereby authorized and' directed to execute such amendment on behalf of the City of Paris. Passed and adopted this 14th day of November, 1977. .w JrJs M. Brunette, Mayor ATTEST: H. C. Gre5ene, City Clerk APP OVE S TO.FORM: T. K. Haynes, City Attorney -V 71 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL. AVIATION ADMINISTRATION WASHINGTON, D, C. 20590 Page I of 2 . Pages Contract No. DOT FA 76 SW -8001 Cox Field Airport Paris, Texas Location AMENDMENT NO. 1 TO GRANT AGREEMENT.FOR PROJECT NO. 6- 48- 0169 -03 WHEREAS, the Federal Aviation Administration (hereinafter referred to as the "FAA ") has deter- mined 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 Gity of Paris (hereinafter referred to as the "Sponsor "), accepted by said Sponsor on the 17thday of September , 19 76 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 Unified States, on the one part, and the Sponsor, on the other part, do hereby mutually agree that the work description set out on page 1 of said Grant Agreement be and it is hereby amended to read as follows: . Phase 1 of: "Overlay and mark Runway 17 -35 (6,000, x 1501)" IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of the 14th day of November 19 77 (SEAL) Attest: Title City Clerk FAA FORM 5200.14 PC. 1 (21J0) UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By Title Actincl Chief, Fort Worth Airports District Office CITY OF PARIS (Name of Sponsor) By s Title City Manager EXHIBIT A Resolution No. 1835, authorizing the city manager to execute an agreement with the FAA for project No. 6 -48- 0169 -04, was presented. A motion was made by Councilman tailliams and seconded by Councilman Fisher for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. t. r f� 1. RESOLUTION NO. 1835 WHEREAS, the City Council of the City of Paris did heretofore 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, funding is available to expand such project to in- clude the entire length of Runway 17 -35 (6000' x 150'), and it is to the best interest of the City of Paris to expand such project by approving Amendment No. 1 to Grant Agreement for such project, in the form attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City of Paris does hereby accept the provisions of Amendment No. 1 to Grant Agreement for Project No. 6-48-0169-04, a copy of which is attached hereto as Exhibit A and incorporated herein for all purposes. BE IT FURTHER RESOLVED, That the City Manager, Kerry R.' Sweatt, be, and he is hereby authorized and directed to execute such amendment on behalf of the City of Paris. Passed and adopted this 14th day of November, 1977. ATTEST: H. C: Greene, City Clerk APPROVED TO FORM: T. K. 1 aynes, City Attorney V Ja s M. Brvn6ttc, Mayor �.J 7 F UNITED STATES OF AMERICA - - - DEPARTMENT OFTRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, O. C. 20590 Page I o p 2 _ Pages Contract No. DOT FA 77 SW- -8182 Cox Field Airport Paris, Texas Location AMENDMENT NO. 1 TO GRANT AGREEMENT FOR PROJECT NO. 6-48-0169-04 WHEREAS, the Federal Aviation Administration (hereinafter referred to as the "FAA ") has deter- mined 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 Ct-v of Paris , (hereinafter referred to as the "Sponsor "), accepted by said Sponsor on the 29th day of March , 1917-, 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 set out on page 1 of said Grant Agreement be and it is hereby amended to read as follows: Phase °2 of: "Overlay and mark Runway 17 -35 (6,000' x 150') ". IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of the 14th day of November _,19 77 UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By Title 8Qtinq Chief, ForWorth Airports District . Office CITY OF PARIS (Name of Sponsor) By (SEAL) Title City Manager Attest: Title City Clerk FAA FORM 5100.14 PG. 1 (11 -70) • EXHIBIT A 'j Mayor Brunette announced that the City Council would go into executive session. Personnel matters were discussed. ?Mayor Brunette declared the executive session closed and the regular session open. In discussion period, City Manager Sweatt discussed status of the 1978 Community Devel- opment Block Grant Program. Mr. Robert Hayter appeared before the Council and presented update data on the Infil- tration Inflow Study. Far. Robert Bruns appeared before the Council, requesting $300.00 remuneration for damages received to his property in the 200 block of West Brame Street because of existing dilapidated buildings. There being no further business, the meeting adjourned. ATTEST: H. C. Greene, City Clerk 0 MAYOR JAMES M. BRUMETTE 6 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL November 28, 1977 A special meeting of the City Council was held on November 28, 1977 at 7:00 P. s1. Mayor Pro -Tem falter Williams called the meeting to order with the following Councilmen present: George Fisher, Jr., Michael Malone, David Philley, Jimmy Don Stone and Ray- mond Wunsch. Also present were City Manager K. R. Sweatt, City Attorney T. K. Haynes and City Clerk H. C. Greene. Mayor Pro -Tem Williams announced that the purpose of the special meeting was to con- sider the introduction of an annexation ordinance. Annexation Ordinance: "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 3.30 ACRES., MORE OR LESS, WHICH IS LESS THAN TEN PER CENT (10%) OF THE TERRITORY I4- CLUDED WITHIN ITS PRESENT CITY LIMITS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND PROVIDING ZONING FOR SAID TERRITORY." was presented. !Mayor Pro -Tem Williams advised the Council that the ordinance was presented as a step in the annexation procedure and no action was necessary on the ordinance at this time, and that further action would be required at a December 30, _ 1977 meeting. Mr. Ken Gifford appeared before the Council requesting renewal of a lease on property at Culbertson Park on which is located a miniature golf course. Mr. Gifford requested that terms of the lease'be made for 5 years and that closing time be designated at 12:00 o'clock midnight. After discussion, a motion was made by Councilamn Wunsch and seconded by Councilman Philley to approve the request. The motion carried: 6 ayes, 0 nays. City Manager Sweatt reviewed terms of an engineering agreement with the firm of Shi- mek, Jacobs & Finklea, consulting engineers approved for consulting services on Blake Road project. Mr. Carl Shimek appeared before the Council to discuss the agreement. City Attorney Haynes made comment on some terms of the agreement. Councilman Ilalone stated that he was not in favor of the employment of a consulting engineer for the project, that he was in favor of the project, and that he felt that in -house engineering services should be used. A motion was made-by Councilman llunsch and seconded by Councilman Fisher authorizing the preparation of a resolution approving the engineering agreement. The motion carried: 5 ayes, 1 nay, Councilman Malone voting nay. Resolution No. 1836, authorizing application by the City of Paris to the Texas Parks and Wildlife Department for a chant for Wise Field improvements, was presented. A motion was made by Councilman Malone and seconded by Councilman Fisher for the adop- tion of the resolution. The motion carried: 6 ayes, 0 nays. 77 RESOLUTION NO. 1836 . WHEREAS, the Texas Parks and Wildlife Department of the State of Texas will entertain applications for grants for additional recreational facilities on a 50 -50 basis; and, WHEREAS, the City of Paris desires to utilize .the Wise Field property, which fronts on and lies between 4th Street, S. W. and 6th Street, S.. W. , in the 500 and 600 Blocks of said streets, containing 6.38 acres and being the same property conveyed the City of Paris by M. F. Wise and Alan B. Wise in deed dated October 22, 1925, recorded Book 211, Page 540, Deed Records, Lamar County, Texas, for athletic purposes, and in particular for an additional baseball facility; and, WHEREAS, it is .estimated that the cost of said facility will be $60, 000. 00, exclusive of land; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: 1. That an application be made to the Texas Parks and Wildlife Department for a grant in an amount, which is presently estimated to be $30,000.00, with the City of Paris providing the balance in in kind services and funds. 2. That Kerry R. Sweatt, City Manager of the City of Paris, Paris, Texas, is hereby, on behalf of the City of Paris; authorized and directed to execute and to file such application for grant and an assurance of compliance with all of the requirements for said grant.. to execute such contract or contracts as may be necessary for the grant applied for, to provide such information and furnish such docu- ments as may be required by said Department, and to act as the authorized correspondent and representative for the accomplishment of the project. 3. That Joe N. McCollum,. Director of Community Development of the City of Paris, be, and he j.r� -hereby designated Project Director. 4. That the Texas Parks and Wildlife Department, be, and it is hereby assured of full compliance by said City with Title VI of the Civil Rights Act of 1964; Department of Interior Regulation.43CFR 17; and Office of Management and Budget Circulars Nos. A -87, A -95 and A-102. Passed and adopted this 28th day of November, 1977. Ilt a ter F. Williams-, Mayor Pro Tem ATTEST:: �,cZ.. H. C. Gr ene, City Clerk APPROVED TO FORM: i i' "l. K. -Ha nes, City Attorney 7 City Manager Sweatt presented a request for water service in the "dray area" to a proposed asphalt plant south of Loop 286 between FM 137 and state highway 24. Mayor Brunette entered the Council Chambers and assumed a chair at the Council table. Mayor Pro -Tem Williams continued to preside. City Manager Sweatt recommended the approval of the water service in the "gray area" with the provision that if an industrial main into the area by the City of Paris be- comes a reality, that the customer becomes the City of Paris. A motion was made by Councilman Wunsch and seconded by Councilman ?Malone approving the recommendation of the city manager. The motion carried: 7 ayes, 0 nays. Mayor Pro -Tem Williams declared the Council in executive session. City Attorney Haynes discussed suits and claims against the City. Fiayor Pro -Tem tlilliams declared the executive session closed and the regular session open. There being no further business, the meeting adjourned. MI Y4R JAMES 11. BRUNETTE ATTEST: H. C. Greene, City Clerk l 79 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL December 12,-1977 The Regular Meeting of the City Council was held on December 12, 1977 at 7:00 P. M. Mayor James M. Brunette called the neeting to order loith the following Councilman pre- sent: George Fisher, Jr., Michael Malone, ?avid Philley, Jimmy Don Stone, Walter F. Williams and Raymond Wunsch. Also present were City Manager K. R. Sweatt, City Attor- ney T. K. Haynes and City Clerk H. C. Greene. Prayer was offered by Reverend George Broome, Bonham Street Church of God, Mayor Brunette asked if there were any additions or corrections to minutes of previous meetings as furnished the Council members. There being none, the minutes were approved. Mayor Brunette announced the first order of business would he consideration of recom- mendations made by the Planning and Zoning Connrission. Mayor Brunette declared the public hearing open on the petition of Charles Greb for a change in zoning front a One - Family Dwelling District to a retulti- Family Dwelling District - 2 Zoning on Lot 4, City Block 258A. The Planning and Zoning.Commission had recommended approval of the petition with recommendation that a fire lane with a minimum width of 22 feet be constructed along the access drive from Cherry Street to the apartment development in accordance with site plan, No one appeared for or against the petition, and Mayor Brunette declared the public hearing closed. Ordinance Mo. 2364: "AN ORDINANCE AMENDING ZONING ORDINANCE NO 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE Z04ING MAP OF SAID CITY; ESTABLISHING A MULTIPLE.FAMILY DWELLING DISTRICT NO. 2 (P1F -2) ON A PART OF LOT 4, CITY BLOCK 258A, ON PROPERTY BELONGING TO CHARLES GREB, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE -Fk- MILY D14ELLING DISTRICT NO. 2 (SF -2); AND DESIGMATING THE BOUNDARIES OF THE MULTIPLE FAMILY DWELLING DISTRICT NO. 2 (MF -2) SO ESTABLISHED." was presented. A motion was made 6y Councilman Fisher and. seconded by Councilman . Williams for the adoption of the ordinance. The motion carried: 7 ayesi 0 nays. Mayor Brunette declared the public hearing open on the petition of Russell Gifford for a change in zoning on Lot 2, City Block 340, fron an Agricultbral District to a Com- mercial District. Mr. Eric Clifford, Attorney, appeared in Behalf of the petitioner and stated that a truck stop and repair shop was proposed on the property. No opponents appeared, and Mayor Brunette declared the public hearing closed. Ordi- nance No. 2365: "AN ORDINANCE AMENDING ZONING ORDINANCE PLO. 1710 OF THE CITY OF -PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING fjAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOT 2, CITY BLOCK 340, ON PROPERTY BELONGI ",G TO RUSSELL A GIFFORD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS An AGRICULTURAL DISTRICT (A); AND DtSIGNATIMG THE DOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED." was presented. A motion was made by Councilman V!unsch and seconded by Councilman "a- lone for the adoption of the ordinance. The motion carried: .7 ayes, 0 nays. Mayor Brunette declared the public hearing open on the petition of Terry Shannbn for a change in zoning from a One - Family Dwelling District No. 2 to an Office District :_ on Lot 8, City Block 296, located at 3215 Lamar Avenue. City Attorney Haynes advised the Council that the petition had been withdrawn ai♦d Mayor Brunette declared the pub - lic hearing closed. City 119anager Sweatt presented a re -plat of the !Jestside Addition and stated that the Planning and Zoning Commission had unanimously approved the re-plat, City Attorney Haynes recommended that the City issue quit claim deeds on the closed streets with easements retained for utilities. A motion was made by Councilman Wunsch and seconded by Councilman Williams approving the re -plat of Westside Addition, The motion carried: 7 ayes, 0 nays, A motion was made by Councilman Fisher and the preparation of a resolution containing The motion carried: 7 ayes, 0 nays. seconded by Councilman Philley authorizing the recommendation of the city attorney, City Attorney Haynes presented petitions for re- zoning from James P, Mears and R. B. Staples, Jr. on part of Lot B,.City Block 287, from SF -2 district to Commercial Dis- trict. Mayor Brunette referred the petition to the Planning and Zoning Commission for their study and recommendation and called for a pUhl`t hearing at the next regular% Council meeting. City Manager Sweatt advised the Council that hequpst had been made for information concerning signal lights at South Plain and Vest Kaufman and 1st Street S!-! and West Kaufmann Mayor Brunette referred the Mattef to the TtaffiC Commission for their stud; and recowendation. City Manager Sweatt advised the Council that the Airport Advisory Board had recommended the approval of aeronautical permits for James M. Wrenn for pilot training and agri- cultural operation; the Tammy Corporation for pilot training and aircraft rental; and James D. Howell for pilot training and agricultural operation. A motion was made by Councilman Wunsch and seconded by Councilman "lalone authorizing the issuance of permits as requested. The motion carried: 7 ayes, 0 nays. City Manager Sweatt recommended the adoption of an ordinance revising the Traffic Control Device Map to include in- palace signals at Collegiate Drive and Clarksville Street. Ordinance Flo. 2366: "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 t'rkP ADOPTED IN PARAGRAPH (b) OF SECTION 2Q -80 OF SAUD CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING +"LL ORDINANCES OR PARTS OF ORDI MANCES IN CONFLICT HEREHITH; AND PROVIDING FOR AN EFFECTIVE DATE OF- JANUARY 1, 1978." was presented. A motion was made by Councilman Fisher and seconded by Councilman Williams for the adoption of the ordinance. The motion carried: 7 ayes, 0 nays. An ordinance was presented and read by the city attorney amending the Speed Limit flap to include increased limits for 33rd Street SE from 30 to 35 miles per hour, Or,. Harold Hunt appeared before the Council in opposition to the increase. Mr. Ronnie Tid- well, Mr. Mike Inniss and Mr. art Peckat also appeared before the Council in opposition to the increase of speed limits on 33rd Street SE. Mayor Brunette referred the matter back to the Traffic Commission for further study. City Ptanager Sweatt reviewed paving and drainage project costs for 7th Street NE, Booth Alley and Booth Place, which showed costs to the property owners on 7th Street ME for 23 -foot paving to be $7..70 per front foot, on Booth Alley with 23 -foot paving - $7.70 per front foot, and Booth Place 28 -foot paving - $8..84 per front foot. Driveway ap- proaches would add $52.50 on 7th Street NE and Booth "alley and $00.00 on Booth Place. Mr. Sweatt advised that the total paving and drainage cost is estimated to b. $25.,658.00 with the City's cost being $9,166.00 and cost to property owners being $16,- !92.x10. In addition, it was recommended that the City install a 6 -inch water main in Booth ;Alley from 8th Street CIE to 7th Street NE and in 7th NE to East Cherry, prior to the paving, at an estimated cost of $8,350.00.. After discussion, a motion was made by Councilman Fisher and seconded by Councilman Williams authorizing the preparation of an ordinance giving notification to property owners of the intention of the City to assess for paving improvements. The motion carried: 7 ayes, 0 nays. City Manager Sweatt presented estimated costs of curb and gutter and paving on 17th Street NE from Blake Road to Clement Road, the total paving and drainaqe cost estimated to be $100,0906:00, the City's cost being $34,256.00 and cost to the property owners being $65,834.80, with each driveway approach an additional $82.50. Mr. Sweatt advised and recommended that an 8 -inch water main, extending north from Blake Road and south from Clement Road where a gap remains of 700 feet, be constructed at an estimated cost of $4,200.00 prior to the paving. Mr.. Alec Wood and !fir. Joe McCarthy appeared before the Council to discuss the paving costs. Mr.. Wood stated that he doubted if the other property owners would be willing to pay for the curb and gutter and 1/3 of the paving costs. After discussion, a motion was made by Councilman Wunsch and seconded by Coun- cilman Williams to table the item. The motion carried: 7 ayes, 0 nays. Mayor Brunette called for the tabulation of bids received for the purchase of four pickups, and the following bids were received: pays 3 Marrow Bed 1 Wide Beet M.orphew Buick Gt4C 90 12,051.90 4,!112.33 Bill Booth flotors 90 12,139.23 4,046.41 Lowry Chevrolet 90 12,210.00 4,070.00 Kosterman Motor Co. 45 12,255.00 4,085.00 City Manager Sweatt recommended that the low bid of Morphew of $16,064.32 be approved. A motion was made by Councilman Councilman Fisher to approve the recommendation of the city carried: 7 ayes, b nays. - Total Bid 16,064.32 16,185.64 16,280.00 16,340.00 Buick GMC in the amount Wunsch and seconded by manager. The motion Mayor Brunette called for tabulation of bids received for the purchase of two chassis and cabs, and the following bids were received: Gams Base Bid Alternate V -8 Kosterman !Motor Co. 46 13,750.00 138.00 Lowry Chevrolet 90 13,850.00 200.00 Morphew Buick G!IC 60 13,922.10 103.73 Alt. Auto -Transmission 2,590.00 2 , 350.00 1,280.50 City :tanager St,,ieatt recommended that the bid of Kosterman " Motor Co. in the amount of $13,750.00 be approved. A motion was made by Councilman Villiams and Seconded by Councilman tdunsch awarding the bid to Kosterman Motor Co. The motion carried: 7 ayes 0 nays. Mayor Brunette called for the receipt of bids for dump bodies for the two dump trucks and the following bids were received: Motor Truck Equip. Hobbs Trailers Days Amount 7 4,076.00 45 4,085.86 A motion was made by Councilman Williams and seconded by Councilman Fisher awarding the bid to Motor Truck Equipment Co., and the motion carried: 7 ayes, 0 nays. City Manager Sweatt presented the recommended Revenue Sharingg Budget for.1977 =78 fis- cal year, and requested that the Council set a date for a public heariho, City Manager Sweatt advised that the public hearing required by Revenue Sharing guidelines by the city manager had been held and all time limits mot. After discussion, a motion was made by Councilman t4unsch and seconded by Councilman Williams to call for a public hearing at 7:00 P. M, on December 30, 1977 for the Revenue Sharing Budget. The motion carried: 7 ayes, 0 nays. City Manager Sweatt presented the proposed budget for the Anti- recession Fiscal Assis- tance Fund - 1977 Act and requested that a public hearing be set in accordance with the City Charter. A motion was made by Councilman Malone and seconded by Councilman Fisher setting the public hearing at 7:00 P. M. on December 30, 1977 on the proposed Anti-recession Fiscal Assistance Budget - 1977 Act. The motion carried: 7 ayes, 0 nays. Resolution No. 1837, adopting an addendum ado. 1 to the !eater Purchase Contract between the Lamar County Water Supply District and the City of Paris, was presented. A motion was made by Councilman Ilunsch and seconded by Councilman Williams for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. /j RESOLUTION NO. 1837 WHEREAS, the City Council of the City of Paris did heretofore authorize the execution of a water purchase contract between the Lamar County Water Supply District and the City of Paris, which con- tract was executed on the 17th day of July,. 1967; and,. WHEREAS, in accordance with the terms thereof the parties thereto have mutually agreed to an addendum. -thereto entitled Addendum No. 1, which is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Addendum No. I to Water Purchase Contract .between Lamar County Water Supply District and the City of Paris. be, and the same is hereby approved, and the Mayor of the City of Paris, James M. Brunette, is hereby authorized and directed to execute the same on behalf of the City of Paris. d h' 12 h d r f D b 1977 Passed and adopte t zs t a5 o ecem er, J s M. 9i Mayor .ATTEST: f � Hi. C. Gree ie, City Clerk APP OVE TO FORM: T. K. Haynes, City Attorney .C3 ADDENDUM NO. 1 TO WATER PURCHASE CONTRACT LAMAR COUNTY WATER SUPPLY DISTRICT. AND THE CITY OF PARIS, PARIS, TEXAS STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF. LAMAR That Paragraphs Al and C4 of the Water Purchase Contract between Lamar County Water Supply District and the City - of Paris, entered into on the 17th day of July, 1967, is hereby amended to read as follows: "A. The City of Paris Agrees: 1) Quality and Quantity to furnish the District at the points of delivery hereinafter specified, during the term of this contract or any renewal or extension thereof; potable . treated water meeting applicable purity standards of the Texas Department of Public Health in such quantities as may be required by the District not to exceed the design supply of 50, 000, 000 'gallons per month, to be delivered at a uniform rate.* Said rate not to exceed 1, 760 gallons per minute.' This quantity is to be distributed be- tween the seven points of connection as follows: Flow Meter Controlle r East 725 g.'p. m. -61 611 South 70 g. p-m. 2" T Southwest 55 g. P. M. 2•1 211 West 230 g. p. m. .4 tt 4tt . Northwest 200 g. P. M. 31t 311 North 300 g. p. m. .41 t 411, Northeast 180 g.-p. m.* 2" 2" EXHIBIT A The District may obtain an eighth point of connection from the City, located southeast, and further may redistribute the above quantities of water by reducing any combination thereof to provide 150 gallons per minute flow to this future connection so long as the total rate of delivery does not exceed 1760 gallons per minute. "C. General 4) Modification of Contract -- that' the provisions of this contract pertaining to the schedule of rates to be paid by the District for water delivered are subject to modification during the month following the end of the City of Paris' . fiscal year. Any increase or decrease in rates shall be based, on a demonstrable increase or decrease in the cost of the performance hereunder, including a "base cost" of 8¢ per 100 cubic feet of water as that term is defined in Section 31 --17, Sub- paragraph (b) of the Code of Ordinances of the City of Paris, but such cost shall not include capitalization of the City's system.' The "base cost" shall be. increased or decreased at. the end of each City of 'Paris quarter. : Other provisions of this contract may be modified, or altered by mutual agreement.*." IN WITNESS WHEREOF, the parties hereto, acting under . authority of their respective governing bodies, have caused this addendum to be duly executed in multi counterparts, each of which shall be considered an original., on this 13th day of De cember,. 19 77. LAMAR COUNTY WATER SUPPLY DISTRICT ATTEST: _ Secretary M. F. Gilliam, President CITY OF PARIS ATTEST: - By: H. C. Greene, City Clerk James M. Brunette, Mayor APPROVED r S TO FORM: T. K. Havn City Attorney tip. Thomas - Barber, -representing Thnmas Barber �i !`.ssociates of Tyler, appeared before the Council making application for the City's consideration in making rare- application and applications for Community Developnent Block Grants. Mr. Barber estimated the cost of his services would be $12,500.00 for a $250,000.00 grant. !1ter discussion, Mayor Brunette deferred further discussion to the executive session to be held in this meeting. Resolution No. 1838, declaring the City of Faris estimated population to be 25,148 inhabitants, was presented. A motion was made by Councilman i1illiams and seconded by Councilman Malone for the adoption of the resolution. The motion carried: 7 ayes, 0 nays. `; RESOLUTION NO. 1838 . WHEREAS, the City of Paris population was found to be 23; 441 in the 1970 Federal Census at which time there were 8, 900 water utility connections; and, WHEREAS, on the 1st day of December, 1977 there were 9, 562 water utility, connections, which would indicate a population on that date of 25, 148 persons; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the comparison of water. utility connections to population is a reasonable and accurate method of establishing population, and, therefore, the population of the City of Paris as of December 1, 1977 is hereby determined to be 25,148 persons. Passed and adopted this 12th day of December, 1977. T es M. Iu n Mavor 1 APPROVED A TO FORM: T.—K.- H nes, City Attorney e Resolution Mo. 1839 renewihe the contract arrangement with the Chamber of Cotmerce of Lamar County arld the City of Paris for a trio -year term beginning January 1, 1978 for the administration of the Hotel Occupancy Tax for the promotion and advertising of the City of Paris, was Presented. I' motion was made by Councilman Malone and seconded by Councilman t?unsch for the adoption of the resolution. The motion carried: 7 ayes, 0 -- nays4 A V J � RESOLUTION NO. 1839 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 1737 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, 1977; and, r-- WHEREAS, the City Council is desirous of renewing the con - tractual arrangement with the Chamber of Commerce of Lamar County, for a term of two (2) years, beginning January 1, 1978 and ending December 31, 1979; and, WHEREAS, the Mayor of the City of Paris, James M. Brunette, does hereby recommend for appointment for the Councilman position of said Committee, George Fisher, Jr. to serve through December 31, 1979; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, James M. Brunette, 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 12th day of December, 1977. es M, Brun ayor ATTEST: H. C. Greene, City Clerk y APP OVED O FORM: T.' K. Haynes, City Attorney a` CONTRACT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMA R 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 COMMERCE OF LAMAR COUNTY, a corporation, acting by and through its President, duly authorized, here- ` inafter called Chamber, in consideration of the mutual covenants, agree- meats, stipulations and payments, hereby contract and agree as follows: 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., Z. 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 1 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 mininum of thirty (30) days before the proposed effective date of such amendment. 3. That the Chamber's established visitors and convention e council shall meet at least quarterly and within thirty (30) days after the end of each quarter, shall submit minutes of the visitors and convention council meeting and a financial report to the City Manager of the City of Paris. 4. 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. EXHIBIT A s V 5. That Chamber agrees to hold City harmless from any and all claims by third parties for injuries, damages or 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 co- mingling 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 5970 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 said 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. A � rWf 10. That Chamber may secure and pay for, out of funds herein provided, the services of individuals or corporations to promote and advertise the City of Paris. 11. That the term of this contract shall be for 'a term of two (2) years, beginning January 1, 1978 and ending December 31, 1979. Executed on the dates shown in the acknowledgements below. CITY OF PARIS By: James M. Brunette, Mayor ATTEST: H. C. Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CHAMBER OF COMMERCE OF LAMAR COUNTY By: Felix Gibson, President ATTEST: Secretary APPROVED AS TO FORM: J. D. McLaughlin, Attorney F STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared JAMES M. BRUNETTE, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instru- ment, and acknowledged to me that he executed the same for the pur- poses and consideration therein expressed and in the capacity therein stated. , GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of December, 1977. Notary Public, Lamar County, Texas STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared FELIX GIBSON, President of the Chamber of Commerce of Lamar County, 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, 1977. Notary Public, Lamar County, Texas Resolution flo, 1840, authorizing Mayor James M. Brunette to enter into a lease agree- ment between the City of Paris and Kenneth Gifford for the lease of the amusement. park area of Culbertson Park for a terra of three years, was presented. A motion was made by Councilman Wuhsch and seconded by Councilman Malone for the adoption of the resolu- tion. The motion carried: 7 ayes, 0 nays. RESOLUTION NO. 1840 . WHEREAS, the City of Paris did in Resolution No. 1692 au- thorize the leasing of the amusement park area of Culbertson Park to Kenneth .Gifford for a term of three (3) years; and, WHEREA S, Mr. Gifford's performance under said lease has been satisfactory and he has requested an additional term of five (5) years with authority to operate said park until 12 :00 o'clock midnight; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, James M. Brunette, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the lease between the City of Paris and Kenneth Gifford, attached hereto as Exhibit A, for. a term beginning December 1, 1977 and ending November 30, 1982. Passed and adopted this 12th day of December, 1977. J es M. Brunett , ayor r ATTEST: H. C. Green 6, City Clerk APPROVED TO FORM: T. K, Rafnes, City Attorney LEASE AGREEMENT STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LA MA R THIS LEASE AGREEMENT, made and entered into this 12th day of December, 1977, by and between the CITY OF PARTS, Paris, Texas, a municipal corporation, hereinafter called LESSOR, and KENNETH GIFFORD, of Lamar County, Texas, hereinafter_ called LESSEE, WITNESSETH: For the term and consideration, and upon the terms, specifi- cations and conditions herein prescribed and specified, LESSOR does hereby let and lease to LESSEE, KENNETH GIFFORD, all that portion of Culbertson Park, a recreation area owned by said CITY OF PARIS, bounded on the North by Neathery Street, bounded on the East by 17th Street, S. E. , bounded on the South by East Hearon Street, and bounded on the West by a fence running due ,North and South from Neathery Street to East Hearon Street, which fence is located on the West Side of the miniature golf course now existing on the area in- volved, being the area now under fence on the extreme East portion of Culbertson Park..' The term of this lease shall be for a period of five (5) years from and after December 1, 1977, that is from December 1, 1977 through November 30, 1982, at which time and on which date the same shall terminate, unless sooner terminated as herein specified and provided, during which term LESSEE may and shall occupy the same and use the same as an amusement and recreation center, and for no other purpose, on consideration of and for which, LESSEE, KENNETH GIFFORD, contracts, agrees and obligates himself, his heirs and assigns, that he will pay and deliver over to the City Clerk of the City of Paris; ;monthly, on the. 1st day of each month hereafter, during the term of said lease, a certified statement of the gross receipts accruing to and from the operation of the amusement center and each facility thereof for the immediately preceding month, there- with paying and delivering to the City of Paris as rental or lease money a sum equal to ten per cent (107) of said gross receipts, income from the operation of the miniature golf course, or any other amusement placed on and used in the aforesaid property. In consideration whereof, LESSOR and LESSEE mutually agree as follows: (1) That LESSOR let and lease to LESSEE the above de- scribed property and premises at the rental and for the term and consideration hereinabove set out, and upon the covenants and con- ditions herein specified. (2) If LESSEE shall at any time abandon such leased property and premises, or shall by any means evidence his desire or intention to cease to operate thereat and thereon an amusement and recreation center, then LESSOR may, at its option, cancel this lease by action of its Governing Body, spread on the minutes of such Governing Body, without liability to LESSEE, his heirs or assigns, and in such event LESSOR shall be entitled to and may dispose, as it may see fit, of any and all improvements or equipment located thereon. EXHIBIT A Q (3) That if the LESSEE shall make default in the payment of any rentals due under the terms of this lease, then the LESSOR shall have the right to terminate said lease by giving the LESSEE thirty (30) days notice in writing of its intention to terminate said lease, and any and all properties, improvements or equipment thereon lo- cated, may be disposed of by the LESSOR as it sees ' fit. (4) LESSEE shall and must keep and maintain said leased property and premises in a clean and careful manner, suffering no trespass upon the same and allowing no unclean or unhealthy condi- tion or practice to develop thereon. That the LESSOR agrees that in the event any trees located upon said premises shall die or shall become mutilated by the loss of limbs or portions of limbs, that LESSEE will remove the same, by removing the dead limbs or the dead tree, if any, or any portion of limbs that may become damaged from the tree and from the pre- mises at the expense of the LESSEE. (5) That at no time during the term of this lease shall LESSEE permit or allow any excessive noises on or in connection with the operation and use of said leased premises, including among other things, playing of any loud music, or any other noise which would constitute a nuisance to the people residing in the vieinity of such leased premises. That a breach of any part or portion of this section shall at the option of the LESSOR work a forfeiture of this lease. (6) LESSEE further agrees, contracts and obligates himself, his heirs and assigns, that such amusement and recreation center, and all facilities thereof, will be closed to the -public, and the same shall not and will not be open to the public for any purpose after 12:00 o'clock midnight at any time during this lease. (7) LESSEE shall not install, erect or provide any amuse- ment or recreation device, in addition to such devices and equipment presently located at and in use and in connection with the operation of the leased premises, without first securing the written permission for such installation or provision from the City Manager of the City of Paris. (8) LESSOR shall at any and all times have the right to enter upon the leased property and premises for the purpose of inspecting the . condition of the same and to enforce any Federal or State law or ordinance of the City of Paris, and each and every provision of this agreement. (9) LESSOR shall not be liable to LESSEE, his agents, ser - vants, employees, patrons, customers, visitors, guests or invitees, for any damage or injury caused by the act or negligence of any person, or resulting from the operation of any device or equipment located upon the leased property, or any part or appurtenance thereof, nor for any damage or injury from any defect or want of repair of any structure or device on such premises; further, LESSEE agrees to in- demnify, save and keep harmless LESSOR from any and all demands, debts, liabilities, suits, claims and causes of action of every kind on account of injury or damage to any person or property, arising from or connected with the use, occupancy and control of said property and premises by LESSEE during the term of this lease. (10) LESSEE shall and must at all times during the term of this agreement keep and maintain in full force and effect a policy or policies of insurance, providing at least $1Q0, 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 .neg2 ligence of LESSEE, his 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 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 com- panies, evidencing the fact that such insurance is in full force and effect at all times during this lease. (11) LESSEE shall keep and perform every agreement and covenant herein contained and shall conform to and observe all sani- tary ordinances, rules and regulations of the State of Texas and City of Paris applicable to the leased property; and in the event LESSEE shall default in any covenant, condition, provision or stipu- lation herein contained, this agreement may be terminated at LESSOR's option, and it shall be lawful for LESSOR, in such event, to re -enter the leased premises and remove all persons, property and effects therefrom and take possession thereof without liability to any person, firm or corporation by reason of such repossession, LESSEE hereby waiving every claim for damages for or by reason of said re-entry. EXECUTED IN DUPLICATE at Paris, Texas, on this the 12th day-of December, 1977. ATTEST: H. C. Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CITY OF PARIS By: James M. Brunette, Mayor Kenneth Gifford LESSOR LESSEE- t J� STATE OF TEXAS 0 COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared JAMES M. BRUNETTE, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instru- ment, and acknowledged to me that he executed the same for the pur- poses and consideration therein expressed, as the act and deed of said City and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of December, 1977. Notary Public, Lamar County, Texas STATE OF TEXAS L COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared KENNETH GIFFORD, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of December, 1977. Notary Public, Lamar County, Texas D Resolutiod-No. 1841, authorizing the mayor to execute on behalf of the-City of Paris the contract with Shimek$ Jacobs « Finklea for engineering services for improvements to Blake Road from 20th Street HE to Fitzhugh Avenue and a contract with Lockt#ood, Andrews « Wewnam, Inc. for engineering services for the accomplishment of drainage im- provements, was presented, r1r. Bill Blacki,sell, representing Lockwood,* "Andrews PJewnam, Inc., was introduced to the Council. A motion was made by Councilman !4illiams and seconded by Councilman Fisher for the adoption of the resolution. the notion-car- ried: 5 ayes, 2 nays, Councilman Philley and Councilman Malone voting nay. Q RESOLUTION NO. 1541 WHEREAS, the City Council of the City- of Paris is desirous of accomplishment of improvement to Blake Road, from 20th Street, N. E. to Fitzhugh Avenue, and in order to,do so requires the ser- vices of the Engineering Firm of Shimek, Jacobs & Finklea; and, WHEREAS, the City Council is desirous of accomplishment of drainage improvementsn the North part of the City of Paris, and in order to do so requires the services of the Engineering Firm of Lockwood, Andrews & Newnam, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, James M. Brunette, be, and he is hereby authorized to execute on behalf of the City of Paris the contract with Shimek, Jacobs & Finklea, upon the terms and conditions and in the form attached hereto as Exhibit A, and the contract with Lockwood, Andrews & Newnam, Inc., upon the terms and conditions and in the form attached hereto as . Exhibit B. Passed and adopted this 12th day of December, 1977. J (ni es M. run ayor ATTEST- 14 C Gree e Cit y Clerk COUNTY OF LAMAR This Agreement, made and entered into this 12th day of December, 1977, by and between the CITY OF PARIS, Paris,. Texas, acting herein by and through its Mayor, James M. Brunette, duly au- thorized to so act on December 12, 1977, hereinafter called. "City ", and the firm of SHIMEK, JACOBS & FINKLEA, hereinafter called "Engineer" WITNESSETH: ' - WHEREAS, the City proposes to make certain improvements to Blake Road in the general area between Fitzhugh Avenue aricl 20th Street, and consisting primarily of water main, street and drainage improve- . merits; and : - WHEREAS, the City is. in need of engineering services to _ accomplish the proposed improvements; and WHEREAS, the firm of Shimek, Jacobs & Finklea is acceptable to the City, and is willing to enter into a contract to perform the ens gineering services necessary to construct the proposed water main, paving and drainage improvements, _ NOW THEREFORE, IT IS AGREED AS FOLLOWS: - EXHIBIT A Aa City hereby retains the Engineer and the Engineer agrees to perform the professional services necessary in connection with the design and construction of the proposed improvements to - Blake Road. lL The services performed by the Engineer shall be divided into.. two phases, as follows: Phase 1 Preparation of detailed plans and specifications Phase 2 - General administration of construction. Phase 1 Preparation of detailed plans and specifications -- shall include: (a) Surveys, design and layout of improvements which are to be constructed; (b) Establishing the scope of -any soil and foundation investiga- tions* which may be required and assisting in making the necessary arrangements for the City's account, (c) Furnishing the engineering data necessary for applications for routine permits by local, state and federal authorities (as distinguished from detailed applications and supporting documents for government grants or for planning advances); (d) Preparation of detailed plans, specifications and_ contract documents for the improvements; -2.. e (e) Preparation of project quantities and cost. estimates; (f) Furnishing information necessary to utility companies whose facilities may be affected by the project. (g) Submit plans, specifications and contract documents to the applicable state agency for approval, where necessary.. Phase 2 .-- General administration of construction - shall include: (a) Assistance in the advertisement of the project for bids; (b) Assistance in the opening, tabulation and- analysis .of the bids received and recommendations as to the appropriate action to be taken; (c) Assistance in the preparation of formal contract documents for construction contracts; (d) Review of construction schedules prepared by tide contractox` and preparing estimates of cash requirements on a monthly basis where requested; (e) Making periodic visits . to the site (as distinguished from the continuous services of a resident. Project Representative) to observe the executed work and to determine in general if the work is proceeding in accordance with the contract do-- Cuments. In carrying out this function, it is understood that the Engineer does not guarantee the contractor's per- formance, nor is he responsif.,le for supervision of the contractor's operation and employees; the progress of construction, the Engineer shall be paid the remain- ing fifteen percent (1570) of the stipulated lump sum amount, This payment shall be made in proportion to the contractor's earnings and shall be adjusted as necessary during the life of the contract so that the total amount paid to the Engineer shall. be equal to the percentage stipulated. 1V. The charge provided herein shall not include property, boundary and right --of -way surveys, shop, mill, field or laboratory inspection of materials; cost of test borings and other subsurface. explorations; copies of plans and specifications in excess of five (5) calculations of . special assessments or preparation of right-of-Way plats and descrip- _ it the uity eiects ro nave me t,ngineer iurrusn services or a resident Project Representative for continuous on- the --site observance of the work or the furnishing of construction line and grade surveys, the Engineer will furnish this service" at the,-.actual salary cost of personnel thus engaged times a multiplier of 2,10; direct- expenses and subcontract costs incurred shall be reimbursed at actual cost times a multiplier of 1. 10.` 5_ If, during preparation of the plans and specifications, or th er. - after, the Engineer shall be required to- render additional service: ; lx -- cause of changes, delays or other causes beyond his. control, then the Engineer shall be compensated for such additional services on the ba ^is of salary cost times a multiplier of 2. 25, with direct expense reh-n bursed at actual cost times a multiplier. of . L 10. N. Any provision in this contract notwithstanding, it is specifics ty understood and agreed that the Engineer shall not authorize or under- take any work pursuant to this, contract, which work would require tO ; payment. of any charge, expense or reimbursement in addition to the charge stipulated in Section III, above, without having first had and tained specific written authority therefor. ::V1. This contract shall not be assignable in whole or in part viitho:a the consent of the City. VII. In connection with all the work outlined or contemplated above., it is agreed that either the City or the Engineer -may cancel or to minate this. contract upon thirty (30) days' written notice to the other, with the provision and understanding that immediately upon receipt- notice of such cancellation, from either party to the other, all work ,z_n l -6-- labor being performed under this contract shall immediately cease, pending final cancellation at the end of such thirty (30 ). day period, and further provided that the Engineer shall be compensated in accordance:•.,. with the .terms of this agreement for all work accomplished by him prior to the receipt. of such termination. IN WITNESS HEREOF,. the CITY OF PARIS, Paris, Texas, has caused these presents to be executed in duplicate by its City Manager and witness the execution hereof of SHIMEK, JACOBS & FINKLEA, Consulting Engineers, through C. L. Shimek, P. E.., Partner. CITY OF PARIS - By: - - James M. Brunette, Mayor ATTEST: . H. C. Greene, City Clerk SHIMEK, JACOBS & FINKLEA By: C. L. Shimek, P. E... Partne l- APPROVED AS TO FORM: T. K: Haynes, City Attorney -7 - La' PROFESSIONAL SERVICES AGREEMENT The CITY`.OF_YAII.IS,PARIS, TEXAS, as CLIENT engages LOCKWOOD, ANDREWS & NEWNAM, INC. as ENGINEER to perform professional services for the assignment described as follows: preparation of plans and specifications and easement field notes for drainage improvements in the north part of the City of Paris, the locations being known as. Lines A3a and A31i from Henderson Street and from the Railroad to 1000' North of Loop 286 and Line Ala from 700` East of 9th Street to 1000' Northeast of Loop 286. = I. SERVICES: ENGINEER agrees to perform Basic Services and Additional Services in conformance with the following descriptions, definitions, terms and conditions. A. BASIC SERVICES: ENGINEER will perform these services in-three phases. 1. Preliminary Phase: ENGINEER will discuss the assignment with CLIENT; arrange for right -of -way surveys, soil borings,. investi -. gations and tests for CLIENT'S account, as required;-prepare preliminary drawings and preliminary construction cost estimates; and present recommendations. 2. Design Phase: After completion of Preliminary Phase and when authorized by CLIENT, ENGINEER will arrange for additional right of -way surveys, soil borings, investigations and tests for CLIENT'S account, as required; prepare final contract drawings in ink on. mylar, specifications and cost estimates; and prepare necessary bidding documents. 3. Construction Phase: After completion of Design Phase and when authorized by CLIENT, ENGINEER will-assist CLIENT in securing and analyzing bids or negotiated proposals, recommend awards of con- struction' contracts and consult with CLIENT during construction; transmit instructions -of CLIENT to Contractor; periodically visit construction site to observe progress and quality of work; inter- pret drawings and specifications; review shop drawings, material and equipment tests and Contractor's pay estimates; observe the completed construction for conformity to contract.documents;.and issue to Contractor a Certificate of Completion at which time Basic Services spall be deemed complete. B. ADDITIONAL SERVICES: All work performed by ENGINEER which is either described in this paragraph or not included in the Basic Services defined above, shall constitute Additional Services. These shall include- 1. Travel and subsistence to points other than ENGINEER'S or CLIENT'S offices and project site; 2. Copies of construction documents in excess of five (5) sets; EXHIBIT B Page 1 of 6 J. .3. Revisions to substantially completed construction documents or approved preliminary documents occasioned by -changes in scope of work; 4. Soil borings; soil, mill, shop and laboratory tests; 5. Field surveys, construction staking, lot staking and related office computations and drafting; 6. Resident project representation; 7. Special reports or studies, ownership strip maps including field surveys and property descriptions, plats, preparation of environ- mental statements, applications for permits or grants, appearances before regulatory agencies, and required filing fees; 8. Revisions to construction documents to indicate as-.built conditions; 9. Services as an expert witness including preparation of engineering data and reports on behalf of the CLIENT or in connection with litigation or other controversies, or in consultation with CLIENT or attorneys; 10. Renderings, exhibits or scale models; 11. Additional or extended services during construction made necessary by work damaged by fire or other cause during construction; defective.or neglebted work of contractor; prolongation of-con- struction contract time by more than 20%, acceleration of work schedule involving services beyond normal working hours; or'default under construction contract dueto delinquency or insolvency; 12. Services after completion of contract documents as described in paragraph A=3 above; 13. Services to investigate existing conditions or facilities or to make-measured drawings thereof, or to verify accuracy of drawings or other information furnished by CLIENT; 14. Other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted. engineering practice. COMPENSATION: CLIENT agrees to pay ENGINEER for•above described services in accordance with the following descriptions, definitions, terms and conditions. A. BASIC SERVICES:. Compensation will be an.amount equal to a percentage of.the Total Construction Cost (as defined below), with the total fee based on the Class"B" fee curve in Manual 45, published by the American Society of Civil Engineers in 1975. The services for each phase shall be a percentage of the total as scheduled below: Page 2 of 6 PRELIMINARY PHASE DESIGN PHASE CONSTRUCTION PHASE TOTAL 1. Total Construction Cost: 25% -60% 15% 100% a. Total Construction Cost shall be based on and include, among others, all work designed and specified by ENGINEER, including labor, material and equipment (including work covered by additive alternates, that increase the cost of the project if used). b. Total Construction Cost shall not be based on nor include: (1) compensation payable to ENGINEER under this Agreement; (2) compensation payable to any architect or other engineer; or (3) expenditures not connected with construction or design, such as land acquisition costs or attorneys` fees. c. Total Construction Cost shall be: (1) the actual cost to the CLIENT of the finished project, if there is reasonably adequate information from which such cost amount can be determined, plus the amount -of the proposal-received from the successful bidder for each additive alternate not used (or the ENGINEER' -S most recent cost estimate for such alternate, if no proposal is received); (2) if reasonably adequate information is not available from which actual cost can be determined, then the lowest bona fide proposal received for construction of the project, including all additive alternates of that proposal; (3) if such a proposal is not available, then the ENGINEER'S most recent cost estimate for the project including all additive alternates. In determining Total Construction Cost, reduction shall not be made for any deductive alternates that decrease the cost of the project if used. B. ADDITIONAL SERVICES: Compensation will be an amount equal to 2.3 times Salary Cost plus Reimbursable Expenses, both defined as follows: 1. Salary Cost: Salary Cost is defined as the cost of salaries paid to ENGINEER'S personnel plus payroll burden (Social Security con - tributions, ,,Federal and State unemployment taxes, workmen's com- pensation, health and retirement benefits, incentive pay, sick leave, vacation and holiday pay applicable thereto), for the number of hours devoted to the work covered by this Agreement. -Salary Cost for Officers and Division Managers is based on imputed rates. Page 3 of 6 2. Reimbursable Expenses: Expenses in connection with Additional Services shall include transportation and subsistence, cost of ENGINEER'S field office, reproduction, subcontracts and similar. items. Such expenses shall be reimbursed at the following rates: a. Transportation by ENGINEER'S vehicles: at ENGINEER'S standard rates. b. Reproduction performed in ENGINEER'S office: at prevailing commercial rates. c. Computer services at ENGINEER'S standard rates. d. All others: actual cost to ENGINEER plus 10% service charge. e. Where field parties are used, expenses shall include charges for the use of any special instruments and equipment, including marine equipment, and expendable items such as stakes and monuments. III. PAYMENTS: ENGINEER will invoice CLIENT monthly in amounts basest on ENGINEER'S estimate of the portion of the Basic Services completed, plus charges for Additional Services performed. CLIENT agrees to promptly pay ENGINEER at his office`in Dallas County, Texas, the full amount of each such invoice upon receipt. A charge of 1.0% per month will be added to the unpaid balance of invoices not paid within 30 days after date of invoice. IV. OWNERSHIP OF DOCUMENTS: All documents, including original drawings, esti- mates, specifications, field notes and data are and shall remain the property of the ENGINEER. CLIENT may at his expense obtain a set of reproducible record copies of drawings and other documents, but agrees that he will use such copies solely in connection with the project covered by this Agreement and for no other purpose. V. COST ESTIMATES: Cost Estimates prepared by the ENGINEER represent his best judgment as a design professional familiar with the construction industry. It is recognized, however, that the ENGINEER has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly,. the ENGINEER cannot and does not guarantee that bids will not vary from any cost .estimate prepared by him. VI. INSURANCE: ENGINEER agrees to maintain workmen's compensation insurance to cover all of its own personnel engaged.in performing services for CLIENT under this Agreement. ENGINEER also agrees to maintain public liability insurance covering claims against ENGINEER for damages resulting from bodily:injury, death or property damage from accidents arising in the course of services performed under this Agreement. VII. LIABILITY LIMITATION: ENGINEER shall have no liability to CLIENT or *to others as a consequence of express or implied approval of any construction activities, for any defective construction (whether or not observed or _ approved by ENGINEER), for any excess of construction costs over an :mount estimated, or for any other reasons beyond warranty of the use of reasonable Page 4 of 6 skill in the preparation of particular drawings and the.designation of particular materials for the assignment covered by this Agreement. In no event shall ENGINEER'S liability exceed amount of the total compensa- tion received by ENGINEER under this Agreement. VIII. TERMINATION: A. CONDITIONS OF TERMINATION: This"Agreement may be terminated without. cause at any time prior to completion of ENGINEER'S services either by CLIENT or by ENGINEER, upon seven days written notice to the other at the address of record: Termination shall release each party from all obligations of this Agreement, except as specified in paragraph VIII.B below. B. COMPENSATION PAYABLE ON TERMINATION: On termination, by either CLIENT or ENGINEER, CLIENT shall pay ENGINEER the full amount specified in paragraph II.A. with respect to any phase of Basic Engineering Services which has been completed plus an amount fixed by applying the rate specified for Additional Services in paragraph II.B. to all Basic Services performed to the date of termination for any phase then in progress, plus an amount fixed by applying the rate specifi &d in paragraph II.B. to all Additional Services performed to date of termination (including all Reimbursable Expenses incurred). IX. SUCCESSORS AND ASSIGNS: CLIENT and ENGINEER each binds himself, and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to partners, successors, executors, administra- tors and assigns of such other party in respect to all covenants of this Agreement. Neither CLIENT nor ENGINEER shall assign, sublet, or transfer his interest in this Agreement without written consent of the other. Nothing herein shall be construed as giving any rights or benefits here - under to anyone other than CLIENT and ENGINEER. X. SPECIAL PROVISIONS: This instrument contains the entire Agreement between CLIENT and ENGINEER, except as additionally stated below: A. The City of Paris will furnish copies of the deeds to the land involved; right -of -way map on State Highway Loop 286; copy of Storm Drainage Report of City of Paris and maps, ordinances and other items pertaining to the project. B. It is proposed that review conferences with the city staff be held at 20, 50, and 95 percent completion of the design phase of the pro- ject. C. The field notes for the right -of -way will be supplied at the 50 percent .completion conference. D. The completed plans and specifications will be delivered within one .hundred twenty (120) days after authorization to proceed is given. Page 5 of 6 XI. INVALIDATION: If this Agreement is not executed by CLIENT within 30 days of date tendered, it shall become invalid unless-ENGINEER extends the time in writing. XI 1. MODIFICATIONS: No one has authority to make variations._in, or additions to the terms of this Agreement on behalf of ENGINEER other than one of its Officers, and then only in writing signed by him. CITY OF - PARIS, BARIS, TEXAS LOCKWOOD, ANDREWS & NEWNAM, INC., By: James M. Brunette , --Mayor Date: December 12, 1977 Date: 61 ATTEST: ATTEST: Secretary . H. C. Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney Page 6 of 6 J. Mayor Brunette declared the Council in executive session, and the regular session was closed. = City Attorney Haynes discussed claims against the City, and contractual ser %;ces for applications for Community Development Block Grant was discussed, Mayor Brunette declared the executive session closed and the reddlar session open. Mayor Brunette announced that the chair would entertain a motion to hire.the firm of Thomas Barber & Associates of Tyler for making pre - application and applications for Community-Development Block Grant. A motion was Made by Councilman Williams and seconded by Councilman Fisher to employ the services of Thomas Barber & Associates ct Tyler as outlined, Mayor Brunette polled_ the Council, showing 3 votes for the motion - Councilman Stone, Councilman 14illiams and Councilman Fisher voting aye,. and 4- votes against the motioh, And the Motion failed. Mayor Brunette announced the receipt of the resignation of City Manager Kehr_y +l! Sweatt! A motion was made by Councilman t.unsch and seconded by Councilman Fisher to accent with extreme regret the resignation of the city manager and to extend best wishes at his new post in Odessa, Texas. The motion carried unanimously.- A motion was made by Councilman Philley and seconded by Councilman Malone to appoint Assistant City Manager and Director of Finance H. C.-Greene as Acting City 114anager in the interim period until a permanent manager could be employed.' The motion carried — unanimously. There being no further business, the meeting adjourned. MAYOR JAMES M. BRUNETTE ATTEST: H. Co Greene, City Clerk s l Z t Y MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL December 30, 1977 A special meeting of the City Council was held on December 30, 1977 at 7:00 P. M. Mayor James M. Brunette called the meeting to order with the following Councilmen present: George Fisher, Jr., Michael Malone, David Philley, !-!alter F. 14illiams and Raymond Wunsch. Also present were City Manager K. R. Sweatt, City Attorney T. K. Haynes, and City Clerk H. C. Greene. Mayor Brunette declared the public hearing open on the proposed. budget of the Revenue Sharing Fund for the fiscal year ending June 30, 1978. No one appeared to speak at the hearing, and Mayor Brunette declared the public hear- ing closed. Ordinance No. 2367: "AN ORDINA ^ICE ADOPTING A BUDGET FOR THE REVENUE SHARING FUND FOR THE FISCAL YEAR BEGINNING JULY 1, 1977, AMD ENDING JUNE 30, 1978, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS, APPROPRIATING THE VARIOUS AMOUNTS THEREOF AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH." was presented. A motion was made by Councilman 1.4unsch and seconded by Councilman Williams for the adoption of the ordinance. The motion carried: 6 ayes, 0 nays. Mayor Brunette declared the public hearing open on the proposed budget of the Anti - recession Fiscal Assistance Fund - 1977 Act for the fiscal year ending June 30, 1978. No one appeared to speak at the public hearing, and the public hearing was declared closed. Ordinance No. 2368: "AN ORDINANCE ADOPTING A BUDGET FOR THE-ANTI-RECESSION FISCAL ASSISTANCE FUND (1977 ACT) FOR THE FISCAL YEAR BEGINNING JULY 1, 1977, AND ENDING JUNE 30, 1978, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS, ESTABLISHING SAID FUND AND AP- PROPRIATING THE VARIOUS AMOUNTS THEREOF AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH." was presented. A motion was made by Councilman Fisher and seconded by Councilman Wunsch for the adoption of the ordinance. The motion carried: 6 ayes, 0 nays. Resolution Mo. 1842, authorizing and directing Director of Finance H. C. Greene to transfer from the Anti - recession Fiscal Assistance Fund (1976) the sum of $4,530.32 to the Anti - recession Fiscal Assistance Fund (1977), was presented. A motion was made by Councilman Wunsch and seconded by Councilman Malone for the adoption of the resolu- tion. The'motion carried: 6 ayes, 0 nays. RESOLUTION NO. 1842 WHEREAS, the Antirecession Fiscal Assistance Fund (1976) revenues exceeded the budgeted appropriations; and, WHEREAS, the Antirecession Fiscal Assistance -Fund (1976) revenues must be expended within six months of their receipt; and, WHEREAS, such `six months period would expire prior to the approval of the 1978 -79 annual budget -which would include such appropriations; and, WHEREAS, an Antirecession Fiscal Assistance Fund (1977) has been created wherein appropriations exceed anticipated revenue; - 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 Antirecession Fiscal Assistance Fund (1976) the sum of $4, 530.32, to be credited to the Antirecession Fiscal Assistance Fund (1977). Passed and adopted this 30th day of December, 1977. J m s M. Brunett Mayor ATTEST: H. C. Gre ne, City Clerk APPROVED TO F_ ORM: T. H nes, City Attorney If Mayor Brunette announced that the final step in an annexation Droceeding %gould be pre! sentatign of an Annexation Ordinance. Annexation Ordinance No. 2369: "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 3.30 ACRES, MORE OR LESS, WHICH IS LESS THAN TEN PER CENT (10 %) OF THE TERRITORY INCLUDED WITHIN ITS PRESENT CITY LIMITS, WHICH SUD TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND PROVIDING ZONING FOR SAID TERRITORY." was presented. A motion was made by Councilman 'h1unsch and seconded by Councilman Wil- liams for the adoption of the ordinance, The motion carried: 6 ayes, 0 nays. Mr -. Travis King, District Manager of Texas Power & Light Company, appeared before the Council, requesting a rate increase for the electric utility company. Mr. King in- formed the Council that the rate increase was being requested throughout his company area and would result in $118,000,000 revenue increase and an 18.4% average adjustment. Mr. King requested that the effective date required by law be suspended from January 25, 1978 to 120 days hence and that a public hearing be called in compliance with Char- ter requirements. Resolution Pao. 1843, calling for a public hearing on rate increase for 7:00 P. f4. on January 16, 1978 and dule rates for a period of 120 days, was presented. Malone and seconded by Councilman Wunsch for the ado tion carried: 6 ayes, 0 nays. b the Texas Power k Light Company suspending operation of the sche- A motion was made by Councilman ?tion of the resolution. The mo- RESOLUTION NO. 1843 . WHEREAS, Texas Power & Light Company did on December 21, 1977 file a rate request with the City of Paris; and, WHEREAS, such request requires extensive study; and, WHEREAS, the. laws of the State of Texas require that the City of Paris, acting as a regulatory authority, hold a public hearing after notice of a major rate change has been filed; and, WHEREAS, the City of Paris may suspend the operation of the schedule for a period not to exceed 120 days beyond the date on which the schedule of rates would otherwise go into effect; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That a public hearing be, and the same is hereby set for 7:00 P. M. , on the 16th day of January, 1978, in the Council Room; City Hall, Paris, Texas, for the purpose of receiving any and all informa- tion germane to Texas Power & Light Company's request for a rate increase filed with the City of Paris on the 21st day of December, 1977; and, BE IT FURTHER RESOLVED, That the operation of the sche'- dule of rates filed by Texas Power & Light Company on the 21st day of December, 1977, be, and the same is hereby suspended for a period not to exceed 120 .days_ Passed and adopted this 30th day of December, 1977. t J es lVI. rune te, Mayor ATTEST: -- `H. Gree e, City Clerk APP OVED 5 PO FORM: i T. M ay es pity Attorney City Manager Sweatt advised the Council of a meeting in Austin on January 12, 1973 at 10 :00 A. M. of cities served by Texas Power & Light Company. City Attorney Haynes advised and requested authorization to file intention to intervene with the Public Utility Commission on the electric company rate request. n motion was made by Councilman Wunsch and seconded by Councilman Malone authorizing{ the city attor- ney to file an intention to intervene with the Public Utility Commission. The motion carried: f ayes, 0 nays. Resolution ijo. 1344, re- appointing Don Blackburn, Duran Davis and Mrs. Hardy Poore as members of the Animal Advisory Board of the City of Paris for a term of two years be- ginning January 1, 1977, was presented. A motion was made by Councilman Fisher and sec,,,nded by Councilman Williams for the adoption of* the resolution. The motion carried: C ayes, 0 nays. RESOLUTION NO. 1844 . WHEREAS, the terms of Don Blackburn, Duran Davis and Mrs. Hardy Moore, as members of the Animal Advisory Board, expired December 31, 1976; and, WHEREAS, it is deemed advisable tore-appoint said members ` for a term of two (2) years; NOW,. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,- That Don Blackburn, Duran Davis and Mrs. Hardy Moore, be, and they are hereby re- appointed as members of the Animal Advisory Board of the City of Paris for a term of two (2) years, beginning January 1, 1977 and ending December 31, 1978. Passed and adopted this 30th day of December, 1977. APP `OVED FORM: T. K. Haynes, City Attorney Resolution too. 1845, re- appointing Moyle 1,1hitaker, Donald Stone and r ,Iathan Bell as members of the Building Commission under the classifications of Home Builder, Plumber and Realtor for a term of two years beginning January 1, 1978, and re- appointing Morris Misso; Jack Denman and David Kennemer as members of the Building Commission under the classif-k.:ations of Commercial Builder, Developer and Insurance rkgent for a term of four years beginning January 1, 1978, was presented. A motion was made by Councilman 1,4unsch and seconded by Councilman 6Jilliams for the adoption of the resolution. The motion carried; 5 ayes, D nays. RESOLUTION NO. 1.845 WHEREAS; the terms of Doyle Whitaker, Donald Stone and Nathan Bell, as members of the Building Commission expired on December 31, 1975; and, WHEREAS, the terms of Morris Misso, Jack Denman and David Kennemer, as members of the Building Commission will expire on December 31, 1977; and, WHEREAS, it is necessary to fill the vacancies created by the expiration of terms; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Doyle Whitaker, Donald Stone and Nathan Bell, be, and they are hereby re- appointed as members of the Building Commission under the classifications of Home Builder, Plumber and Realtor, re- spectively, for a term of two (2) years, beginning January 1, 1978 and ending December 31, 1979, and that Morris Misso, Jack Denman and David Kennemer, be, and they are hereby re- appointed as mem- bers of the Building Commission under the classifications of Comm_ ercial Builder, Developer and Insurance Agent, respectively, for a term of four (4) years, beginning January 1, 1978 and ending December 31, 1981. Passed and adopted this 30th day of . December, 1977. r + a es M. Brun , Mayor ATTEST: H. C. Greener, City Clerk APPROVED'A TO FORM: T. K. Haynes ty Attorney Resolution No. 1846, re- appointing Cedric Townsend to serve as Municipal Judge for the City of Paris for a term of one year beginning January 1, 1978; was presented. A motion was rude by Councilman 'Malone and seconded by Councilman 14illiams for the adop- tion of the resolution. The motion carried: 6 ayes, 0 nays. RESOLUTION NO. 1846 . WHEREAS, the term of Cedric Townsend, as Municipal Judge in the City of Paris, will expire on December 31, 1 -977; 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, 1978 and ending December 31, 1979, at such salary as the City Council may fix from time to time during such term. Passed and adopted this 30th day of December, 1977. es ivl, un t e, Mayor ATTEST: H C. Gr ene e, City Clerk APPR VED A O FORM: T. K. Haynes, City Attorney ° esolution M. 1847, re- appointing Gyles Morwood as a member of the Firemen's and Po- licemen's Civil Service Commission to serve for a term of three years beginning January 1, 1978, was presented. A motion was made by Councilman Wunsch and seconded by Coun- cilman Fisher for the adoption of the resolution. The notion carried: 6 ayes, C nays. RESOLUTION NO. 1847 WHEREAS, the term of office of Gyles Norwood as a member of the Firemen's and Policemen's Civil Service Commission of the City of Paris, will expire on December 31, 1977, and. the City Manager of the City of Paris, Kerry R. Sweatt, having re- appointed Gyles Norwood for a term of three (3) years and has submitted the name of such person 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 Gyles Norwood, as a member 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,. 1978 and ending December 31, 1980, is by .the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this 30th day of December, 1977:- a es M. BruneITF, Mayor ATTEST: H. C. Gree e, City Clerk APP OVED TO FORM: T. K. Haynes, ity ttorney . Resolution No. 1848, re- appointing Frank Horne, George Crane, Bill ^dams and Thomas Robinson as members of the Electrical Board for a term of tt,:o years beginning January 1, 1978, was presented. A motion was made by Councilman Wunsch and seconded by Coun- cilman Fisher for the adoption of the resolution. The motion carried: G ayes, 0 nays. RESOLUTION NO. 1848 . 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, 1977; and.. WHEREAS, the Mayor of the City of Paris, James M. Brunette, 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, be- ginning January 1, 1978 and ending December. 31, 1979; NOW, THERE- FORE, = 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, 1978 and ending December 31, 1979, be, and the same are hereby made. Passed and adopted this 30th day of December, 1977. J m s M. Brune te, Mayor ATTEST: H. C. Gree e, City Clerk APP OVED O FORM: T. Haynes, ity ttorney a Resolution No. 1849, re- appointing Mrs. Printis Ellis and William Leon Kelley to serve as members of the Advisory Board of Health for a term of two years beginning January 1, 1978, was presented. A motion was made by Councilman Williams and seconded by Coun- cilman Fisher for the adoption of the resolution. The motion carried: 6 ayes, 0 nays. RESOLUTION NO.' 1849 . WHEREAS, Article 4436a -1 of Vernon's Annotated 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, 1977, 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, James M. Brunette, 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 of Lamar, for a term of two (2) years, beginning January 1, 1978 . and ending December 31, 1979; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF* THE CITY OF PARIS, 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, 1978. and ending December 31, 1979. Passed and adopted this 30th day of December, 1977. fir;,• �� J. L �_ - si i `� r ayor _ ATTEST: H.. C. Gree5ne, City Clerk APP VEDA O FORM: T. K. Haynes, -City Attorney Approved by the Commissioners Court by adoption of the above resolution on the day of �0.m> , 1978, as reflected in Book , -Page of the Minutes of said Commissioners Court. Lester Crutchfield, County Judge, Lamar County, Texas 12 1 Resolution No. 1850, re-appointing Pp g Spencer Pbbett to serve as a member of the Planning and Zoning Commission for a term of three years beginning January 1, 1978, was prc- sented. it motion was made by Councilman 'Vunsch and seconded by Councilman Fisher for the adoption of the resolution. The motion carried: f ayes, 0 nays. RESOLUTION NO. 1850 . WHEREAS, the term of office of Spencer Abbett, as a member of the Planning and Zoning Commission of the City of Paris, will ex- pire on December 31; 1977, and it, is necessary to appoint his suc- cessor, and the Mayor of the City of Paris, James M. Brunette, having re- appointed Spencer Abbett, to serve on the Planning and Zoning Commission of the City of Paris for a term of three (3) years, beginning January 1, 1978 and ending December 31, 1980, and has submitted the name of such person 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 Spencer Abbett, to serve as a member of the Planning and Zoning Commission of the City of Paris, for a term of three (3) years, beginning January 1, 1978 and ending December 31, 1980, is by the City Council of the City of Paris hereby approved and confirmed. Passed and adopted this 30th day of December, 1977. ERE. a es M. Brune e, Mayor ' ATTEST: H. C. re ne, City Clerk Y APP OVED TO FORM: T. K. aynes, City ttorney r Resolution No. 1851, re- appointing Porter Smallwood, Jr. as Contractor /Builder and llayne Brown as P.1ternate, Ralph Beard as a Business Person and Mrs. Leonard Dirks as a member -at -large from the Council of Garden Clubs to serve as members of the Tree Preservation Committee for a term of two years beginning January 1, 1978, was presented. A motion was made by Councilman 14unsch and seconded by Councilman Phiiley for the adop- tion of the resolution. The motion carried: 6 ayes, 0 nays. RESOLUTION NO. 1851 WHEREAS, the City Council of the City of Paris did heretofore - in Resolution No./11741 establish a Tree Preservation - Committee; and, - WHEREAS, the terms of Porter Smallwood, Jr. as Contractor/ Builder and Wayne Brown as Alternate, Ralph Beard as a Business Person and Mrs. Leonard Dirks as a Member -at -Large from the Council of Garden Clubs, will expire on December 31, 1977, and the Mayor of the City of Paris, James M. Brunette, having re- appointed such persons to serve on the Tree Preservation Committee for a term of two (2) years, beginning January 1, 1978 and ending December 31, 1979, 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 Porter Smallwood, Jr. as Contractor /Builder and Wayne Brown as Alternate, Ralph Beard as a Business Person and Mrs. Leonard Dirks as a Member -at- Large from the Council of Garden Clubs, on the Tree Preservation . Committee, for a term of two (2) years, beginning January 1, 1978 and ending December 31, 1979, be, and the same are hereby approved and confirmed by the City Council of the City of Paris. Passed and adopted this 30th day of December, 1977. %es M. Brunette, Mayor ATTEST: H. C. Gr ene, City Clerk APPROVED TO FORM: T. K. Haynes, City ttorney 1. City Manager Sweatt presented a request for 4I!ater service outside the City limits in the "gray area" from Jerry Haning, and the city manager recommended approval of the request. A motion was made by Councilman Williams and seconded by Councilman Malone for the approval of the city manager's request. The motion carried: f; ayes, 0 nays. Mayor Brunette announced that the Council would go into executive session. City Manager discussed personnel matters and the inspection made by the Attorney General's Department of the Gibralter Hotel. Mayor Brunette declared the executive session closed and the regular session open. There being no further business, the meeting adjourned. Vv, YOR JAMES M. BRUMETTE ATTEST: H. C. Greene, City Clerk 0